GST India Forum – Goods and Services Tax | Place for Experts Forums Bare Law Section 17- Apportionment of credit and blocked credits

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  • Madrecha and CoMadrecha and Co
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    (1) Where the goods and/or services are used by the registered taxable person partly for the purpose of any business and partly for other purposes, the amount of credit shall be restricted to so much of the input tax as is attributable to the purposes of his business.

    (2) Where the goods and / or services are used by the registered taxable person partly for effecting taxable supplies including zero-rated supplies under this Act or under the IGST Act, 2016 and partly for effecting exempt supplies under the said Acts, the amount of credit shall be restricted to so much of the input tax as is attributable to the said taxable supplies including zero-rated supplies.
    Explanation.-For the purposes of this sub-section, exempt supplies shall include supplies on which recipient is liable to pay tax on reverse charge basis under sub­section (3) of section 8.

    (3) A banking company or a financial institution including a non-banking financial company, engaged in supplying services by way of accepting deposits, extending loans or advances shall have the option to either comply with the provisions of sub-section (2), or avail of, every month, an amount equal to fifty percent of the eligible input tax credit on inputs, capital goods and input services in that month.
    Explanation.-The option once exercised shall not be withdrawn during the remaining part of the financial year.

    (4) Notwithstanding anything contained in sub-section (1) of section 16 and sub­section (1), (2), (3) and (4) of section 18, input tax credit shall not be available in respect of the following:

    (a) motor vehicles and other conveyances except when they are used
    (i) for making the following taxable supplies, namely
    (A) further supply of such vehicles or conveyances ; or
    (B) transportation of passengers; or
    (C) imparting training on driving, flying, navigating such vehicles or conveyances;
    (ii) for transportation of goods.

    (b) supply of goods and services, namely,
    (i) food and beverages, outdoor catering, beauty treatment, health services, cosmetic and plastic surgery except where such inward supply of goods or services of a particular category is used by a registered taxable person for making an outward taxable supply of the same category of goods or services;
    (ii) membership of a club, health and fitness centre,
    (iii) rent-a-cab, life insurance, health insurance except where the Government notifies the services which are obligatory for an employer to provide to its employees under any law for the time being in force; and
    (iv) travel benefits extended to employees on vacation such as leave or home travel concession.

    (c) works contract services when supplied for construction of immovable property, other than plant and machinery, except where it is an input service for further supply of works contract service;

    (d) goods or services received by a taxable person for construction of an immovable property on his own account, other than plant and machinery, even when used in course or furtherance of business;
    Explanation 1.-For the purpose of this clause, the word “construction” includes re-construction, renovation, additions or alterations or repairs, to the extent of capitalization, to the said immovable property.
    Explanation 2.-‘Plant and Machinery’ means apparatus, equipment, machinery, pipelines, telecommunication tower fixed to earth by foundation or structural support that are used for making outward supply and includes such foundation and structural supports but excludes land, building or any other civil structures.

    (e) goods and/or services on which tax has been paid under section 9;

    (f) goods and/or services used for personal consumption;

    (g) goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples; and

    (h) any tax paid in terms of sections 67, 89 or 90.

    (5) The Central or a State Government may, by notification issued in this behalf, prescribe the manner in which the credit referred to in sub-sections (1) and (2) above may be attributed.

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