2019 (10) TMI 568 - AAR - GST

Input tax credit (ITC) - credit on any goods disposed by way of gift or free samples - Input tax credit on the items purchased for furtherance of business - HELD THAT - The goods and services so procured and disposed off/ distributed as incentives/ gifts are disposed without any consideration and hence do not qualify to be a supply in terms of Section 7 of the CGST Act. Further no GST is being paid on disposal of the said gift items. Section 17(5)(h) of CGST Act 2017 does not allow credit on any goods disposed by way of gift or free samples, whether or not in the course or furtherance of business, It is an admitted fact that the applicant herein purchases the items to be disposed as gifts under various incentive schemes to dealers/ painters etc. Therefore the applicant is not entitled to avail ITC on such items. Circular No.92/11/2019-GST dated 07.03.2019, issued by the CBIC, wherein, at para (A)(ii), it is clarified that input tax credit shall not be available to the supplier on the inputs, input services and capital goods to the extent they are used in relation to the gifts or free samples distributed without any consideration In the instant case the applicant offers free foreign / local trips, as incentives, to the dealers / painters etc., without any consideration. Therefore the input tax credit on the services procured (input services); for offering aforesaid services of free trips, is not available to the applicant. Thus, the applicant is not eligible to avail input tax credit on the inward supplies of goods and services which are attributable to the incentives provided in the form of gifts of goods and services to the painters and dealers and other persons under the CGST / SGST / IGST Act.

Summary

Issues:
- Eligibility to claim GST Input tax credit on items purchased for business.

Analysis:
The case involved an application for an Advance Ruling under Section 97 of the CGST Act, 2017 & KGST Act, 2017 regarding the eligibility to claim GST Input tax credit on items purchased for business by a Private Limited Company engaged in manufacturing decorative paints. The company sought clarification on whether they could claim Input tax credit on items procured for incentive schemes aimed at promoting their products. The company provided details of their manufacturing plants, marketing strategies, and incentive schemes like Painters Schemes, Dealers Incentive Schemes, and Gold Schemes. They explained that these schemes involved distributing items like TVs, refrigerators, and gold coins to dealers and painters as incentives. The company argued that these items were purchased for furthering their business and not for sale.

During the personal hearing, the applicant reiterated their stance, emphasizing that the incentive items were procured from Composition taxable persons and used solely for business promotion. The Authority considered the submissions and relevant facts, noting that the applicant supplied paints, claimed input tax credit on raw materials, and provided incentives to dealers and painters without any consideration. The Authority highlighted that the goods and services procured and distributed as incentives were disposed of without any consideration, thus not qualifying as a supply under Section 7 of the CGST Act.

The Authority referred to Section 17(5)(h) of the CGST Act, which disallows input tax credit on goods disposed of as gifts or free samples. They concluded that since the applicant purchased items for distribution as gifts under incentive schemes, they were not entitled to avail Input tax credit on such items. Additionally, the Authority addressed the provision of free travel services as incentives and cited a circular clarifying that input tax credit would not be available on services used to offer gifts or free samples without consideration. Consequently, the Authority ruled that the applicant was not eligible to claim Input tax credit on goods and services used for incentives provided to dealers, painters, and other individuals under the CGST / SGST / IGST Act.

In conclusion, the Authority's ruling clarified the ineligibility of the applicant to claim Input tax credit on inward supplies of goods and services used for providing incentives in the form of gifts to promote their business activities.