We had shared an article earlier on basics of input tax credit (ITC) and how to claim. In this article, we would be sharing the particular forms and documents required as released by the Indian Government in the latest draft of GST law.
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1st February 2022
Budget 2022 updates-
1. ITC cannot be claimed if it is restricted in GSTR-2B available under Section 38.
2. Time limit to claim ITC on invoices or debit notes of a financial year is revised to earlier of two dates. Firstly, 30th November of the following year or secondly, the date of filing annual returns.
3. Section 38 is completely revamped as ‘Communication of details of inward supplies and input tax credit’ in line with the Form GSTR-2B. It lays down the manner, time, conditions and restrictions for ITC claims and has removed the two-way communication process in GST return filing on the suspended return in Form GSTR-2. It also states that taxpayers will be provided information of eligible and ineligible ITC for claims.
4. Section 41 is also revamped to remove the references to provisional ITC claims and prescribes self-assessed ITC claims with conditions.
5. Sections 42, 43 and 43A on provisional ITC claim process, matching and reversal are eliminated.
29th December 2021
CGST Rule 36(4) is amended to remove 5% additional ITC over and above ITC appearing in GSTR-2B. From 1st January 2022, businesses can avail ITC only if it is reported by the supplier in GSTR-1/ IFF and it appears in their GSTR-2B.
21st December 2021
From 1st January 2022, ITC claims will be allowed only if it appears in GSTR-2B. So, the taxpayers can no longer claim 5% provisional ITC under the CGST Rule 36(4) and ensure every ITC value claimed was reflected in GSTR-2B.
Following documents would be required by each applicant who wants to claim ITC under GST:
All the above applicable documents prepared as per the invoice rules under GST are to furnished at the time of filing form GSTR-2. ITC cannot be claimed on the tax paid on goods and services or both due to an order for the demand raised due to any fraud, willful misstatement or suppression of facts.
According to the GST rules, an applicant claiming ITC on such goods and services or both which are used partly for taxable supplies (including 0 rated goods) and exempted supplies will be allowed to claim ITC for only the taxable supplies (including 0 rated goods). Banking companies or financial institutions have an option for claiming the ITC on the deposits and loans or advances to comply with above rules or claim the 50% of the total ITC available in each month and the rest will lapse. Details for claiming the 50% ITC have to be filled out in form GSTR-2. For example:
Bank of Baroda has total ITC of Rs 5 crore out of which 2 crores of ITC for the taxable supplies including zero-rated goods. Bank of Baroda should opt for the 50% ITC claim as it is more beneficial than getting the ITC only for Rs 2 crore.
In the following circumstances, certain different steps are to be followed for claiming the ITC:
*ITC on Capital goods has to be reduced by 5% per quarter or a part thereof from the date of invoice or other document specifying when capital goods were received by the taxable person. For example:
Ajay was registered in the composition scheme and made the switch to being a normal taxpayer.He was liable to pay tax as a normal taxpayer from 20 September 2017. Ajay can claim ITC on inputs up to 19 September 2017.
Registered person under above circumstances has to file form GST ITC-01on the common portal within 15 days of becoming eligible to claim ITC. Details provided in form GST ITC-01 have to be duly certified by a chartered accountant or cost accountant if the aggregate ITC of CGST, SGST and IGST exceeds Rs 2 lakh.
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