Tax on Input supplies not available as credit in case of switch from composition to regular scheme

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I have this doubt, can you please explain:

Rule 44 says when switchover is made from composition to regular scheme, details of input goods, input semi finished goods, and inputs of capital goods held on date immediately preceding switchover date to be uploaded.
My query is, there is no mention of input services here. What if there was input service taken and gst paid on it, why can't we avail it's input credit?

For example:

1. In case of a professional service providing business:
A financial consulting professional pays rent (inclusive of GST) on a commercial office. While charging his consulting fees, he will have to recover this rent from his clients, now since input credit for gst o rent paid service is not available after switching from composition to regular scheme, will it not cause double taxation due to non availability of input credit on such input service and as a result increase his consulting fees.

2. In case of
manifacturer/trading business:
As long as we have unsold stock, tax paid on services availed with respect to its production still remain. For instance, if there is a business which produces product 'x' and sells it. for making the product, it hires services of a professional (say designer) and as a result pays him his fees which includes gst. now this gst paid on input service if not available for credit, then wouldn't there be double taxation as now the fees of professional is part of production cost of product 'x' and when selling it further not just that professional fees paid is to be recovered but also gst paid on it, as it's credit is not available even the gst paid on it will be added to its cost.


This is my doubt. Am I missing something or is this done intentionally by lawmaker, please shed some of your insights sir!

Regards,
Ujjwal
Replies (4)

In my view,

what ever the Common services and specific services received, are in consumed stage as and when received, which shall be applicable to Semi Finished goods and Finished Goods.  And also while calculating the Input Credit on Semi Finished goods and Finished goods, proportionately has to avail Input Credit on services with proper computations and justifications.

 

Your view solves the second example I mentioned sir, what about the first example where the supplier is a service provider, what do you think sir?
That is rent and it is common Input service, also has to be proportionated by proper justification and can avail Input credit.
That would be available for a regular scheme person sir. when he is in composition scheme, he can't avail it's itc, and when this composition scheme person converts to regular, he cannot avail the itc for rent already paid. this I am asking.


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