The Goods and Services Tax (GST) was introduced in India on July 1, 2017. While GST has been constantly evolving into a well-structured taxation system, one thing that sets it apart (from the previous taxation system) is its Input Tax Credit Mechanism. The Input Tax Credit (ITC)Â mechanism allows a taxpayer to reduce their tax liabilities on his sales with the taxes paid on inward supplies. However, there are certain scenarios under GST where Input Tax Credit cannot be availed by taxpayers. These scenarios can be noted as follows:
Note: GST Notification 18/2022 states 30th November 2022 is time limit to claim ITC, issue CDN & amend returns.
Cases where Input Tax Credit cannot be availed under GST
1. Motor vehicles & Conveyances
- A person cannot avail ITC wherein the given motor vehicle is used to transport people and has a seating capacity of less than or equal to 12 +1 (driver)
- ITC is not available on vessels and aircraft.
Exceptions
ITC will be available if the given vehicle is being used for
- Supply of other vehicles, conveyances, vessels or aircraft.
- Transportation of passengers
- Training to drive such vehicle, conveyances, vessel or aircraft.
- Transportation of goods
2. Food, beverages, Cosmetics, etc.
A person cannot claim ITC for the tax paid for the follows:
- Food and beverages
- Outdoor catering
- Beauty treatment
- Health services
- Cosmetic and plastic surgery
Exceptions
ITC will be available if the category of inward and outward supply is same or the component belongs to a mixed or composite supply under GST.
3. Services of general insurance, servicing, repair and maintenance
In cases involving general insurance, services, repair or maintenance of a motor vehicle, vessels or draft (as given in point 1), the taxpayer cannot claim ITC.
Exceptions
ITC will be available if
- Insurance is received by a taxable person engaged—
- In the manufacture of such motor vehicles, vessels or aircraft; or
- In the supply of general insurance services in respect of such motor vehicles, vessels or aircraft insured by him
- In case of exceptions as mentioned for motor vehicles/vessels/aircraft (pt. 1)
4. Sale of membership in a club, health, fitness centre
ITC is not available on taxes paid for any membership fees for gyms, clubs etc.
5. Rent-a-cab services, life insurance, health insurance
ITC is not available for rent-a-cab, health and/or Life insurance
Exceptions:
ITC can be availed if
- Any services which are made obligatory for an employer to provide its employee by the Indian Government under any current law in force
- If the category is the same for the inward supply and outward supply or it is a part of the mixed or composite supply
- Leasing, renting or hiring of motor vehicles, vessels or aircraft with exceptions same as those mentioned for (1).
6. Travel
ITC is not available in the case of travel, benefits extended to employees on vacation such as leave or home travel concession.
Exception:
In cases where taxes are paid for Business travels, the given person is eligible to claim ITC.
7. Works contract
ITC cannot be claimed any Works Contract services. Similarly, ITC cannot be availed for the construction of immovable property.
Exceptions:
ITC is available in cases where the input service is used for further work contract services.
8. Constructing an immovable property on own account
For the construction of an immovable property on one’s own account, the taxpayer cannot avail ITC on his/her inputs. Similarly, if such goods/services are used in the course or furtherance of business, ITC will not be available.
Exceptions:
ITC is available on inputs used to manufacture plant and machinery for own use.
9. Composition Scheme
A taxpayer registered under the composition scheme cannot avail ITC.
10. Non-residents
A non-resident taxable person cannot avail refunds under the ITC mechanism in GST
Exceptions:
In the case of goods imported by a non-resident taxable person, ITC can be availed.
11. Personal use
No ITC will be available for the goods/ services used for personal purposes.
12. Free samples and destroyed goods
ITC cannot be availed if the given good is,
- Lost
- Stolen
- Destroyed
- Written off/given off as gift or free samples.
13. Restaurant Services
Standalone restaurants charging 5% GST cannot claim ITC on their inputs.
Exceptions:
Restaurants as part of a hotel, with room tariffs exceeding Rs. 7,500 and paying 18% GST can avail ITC.
So, these were all the cases where Input Tax Credit cannot be aviled under GST by taxpayers.
****
An Authorised GST Suvidha Provider in India, IRIS GST offers you a premium range of GST Compliance tools like IRIS Sapphire (GST Filing) and IRIS Topaz (Eway Bill Management) to help you comply with GST norms without any hassle.
To schedule your free demo, drop us an Email at support@irisgst.com
You can also DM us your contact details through any of our social pages (Facebook, Twitter, and LinkedIn) and our support team will get in touch with you ASAP.
is there any difference in ‘Renting of Motor Vehicle ‘ and ‘Transportation of passengers’ and whether ITC is blocked for both the services. For ex. if i am running a business of renting of cars along with driver and purchased a new car for my business, then can i claim ITC of same
Difference between Renting of motor vehicle and transportation of passengers is as follows:
Renting of motor vehicle – Service receipent decides how and when vehicle will be operated. In this case supplier have little control
Transportation of passenger – Here route is already predetermined and pre scheduled. Hence supplier has more control
These both services come under reverse charge mechanism. ITC is not allowed
nice blog
Hello Madam,
Im planning to buy a truck and attach it to a transporter. Can I claim ITC , as being an owner and the truck will be utilised for transportation of goods.
Kindly consult your consultant for this query
I have a small business in a building that I insure for fire, theft, and liability. For this I pay a hefty price, but the insurer’s invoice never lists GST. I probably should have been claiming ITCs on the annual premium, but without GST specfically appearing on the invoice, it simply never occurred to me. So am I eligible? And if so, at what rate?
Dear Sir, You need to have GST Invoice in place for claiming GST ITC
Is GST Credit available on Products purchased for branding purpose.
for example Drinking water bottle with logo of company on bottel
Kindly refer to your consultants for specific transactional queries
Hm,.. amazing post ,.. just keep the good work on!