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TMI BlogWHEN CAN ONE TAKE ITC FOR RCM CASES?X X X X Extracts X X X X X X X X Extracts X X X X ..... WHEN CAN ONE TAKE ITC FOR RCM CASES? - By: - Shripada Hegde - Goods and Services Tax - GST - Dated:- 19-8-2017 - - Claiming Input Tax Credit not violating the provisions of GST Act is very much important as wrongly availing ITC would result in interest and penalty implications. At the same time it is also important that the ITC is availed and utilized without delay, failing which working capital may get impacted negatively. Keeping this in mind, this article intends to analyse the time at which one can take ITC in case of inward supplies liable to tax under RCM. Conditions for availing ITC have been put forth in Section 16(2) of CGST Act. The said section has been reproduced below for easy reference. (2) Notwithstanding anyt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hing contained in this section, no registered person shall be entitled to the credit of any input tax in respect of any supply of goods or services or both to him unless, he is in possession of a tax invoice or debit note issued by a supplier registered under this Act, or such other tax paying documents as may be prescribed; he has received the goods or services or both. Explanation - For the purposes of this clause, it shall be deemed that the registered person has received the goods, where the goods are delivered by the supplier to a recipient or any other person on the direction of such registered person, whether acting as an agent or otherwise, before or during movement of goods, either by way of transfer of docume ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nts of title to goods or otherwise; subject to the provisions of section 41, the tax charged in respect of such supply has been actually paid to the Government, either in cash or through utilisation of input tax credit admissible in respect of the said supply; and he has furnished the return under section 39 Out of the above conditions, it is important to analyse the compliance with condition (a) and (c). As per condition (a) assessee is required to possess the tax invoice debit note issued by the supplier or such other documents as may be prescribed. Said such other documents have been prescribed in Rule 36 of CGST Rules . List of documents as per Rule 36 are as follows an invoice issued by the supplier ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of goods or services or both in accordance with the provisions of section 31 an invoice issued in accordance with the provisions of clause (f) of sub-section (3) of section 31 , subject to the payment of tax a debit note issued by a supplier in accordance with the provisions of section 34 a bill of entry or any similar document prescribed under the Customs Act, 1962 or rules made thereunder for the assessment of integrated tax on imports an Input Service Distributor invoice or Input Service Distributor credit note or any document issued by an Input Service Distributor in accordance with the provisions of sub-rule (1) of rule 54 Sl. No. 2 in the above list refers to the Invoice to be raised when a registered de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aler receives any inward supply from Un-registered dealer. Hence, it should be noted that unlike the previous regime, wherein Payment Challan was the document on which credit could have been taken, ITC is allowed based on the URD Purchase Invoice. The invoice would be available in the month in which the purchase or expense is paid. Further, we have to note that the said document would become invalid if the dealer fails to pay the amount of tax subsequently. Further through condition (c) credit would be allowed only if the tax amount has been paid to the government. However, the said condition is subject to Section 41 , which speaks about crediting ITC on provisional basis. Hence, even though the tax, in case on RCM, is paid in the month ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in which return is being filed (usually the month flowing the one in which expense is incurred) ITC would be available in the month in which it is incurred on provisional basis. The moment the tax is paid with the return filed the credit would get finalised. Further, we have to note that the GSTR-3B return allows us to set off the ITC of RCM in the same month it is incurred. Hence, one may come to a conclusion, based on the above discussion, that ITC for RCM cases can be availed in the same month in which inward supply is received. - Reply By somayajulu csjr as = By means of which GST form can this self assessed RCM tax paid in cash can be claimed as ITC? GSTR-1 Offline Tool includes Business to Business (B2B), Busine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ss to Consumer inter-state for amount exceeding ₹ 2.5 Lakhs (B2CL), Business to Consumer less than ₹ 2.5 Lakhs (B2CS), Exports, Credit/ Debit Note (CDNR) and Credit/ Debit Note for unregistered Persons (CDNUR), Advances, Advance Adjustments and HSN. There is no way to upload the invoice issued in terms of section 31(3)(f) of CGST Act in GSTR-1 except indicating the number of invoices raised for inwardsupplies from unregistered suppliers under RCM. From the number of invoices GSTN cannot pickup the amount of tax paid to allow ITC. GST ITC-01 is not for section 16(2) read with section 41 39 . Please clarify! Dated: 20-8-2017 Reply By A SUBRAHMANYAM as = Only issue remained to be sorted out by the Government IMME ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... DIATELY is --- rewrite the wordings in Sec 17 (2) and (3) of the CGST Act --- since Sec 17(2) speaks of credit not allowed on exempted..... and Sec 17(3) says exempt includes RCM also. Government's urgent action is required since Rule 36 being Rules made under the Act, and the supremacy of the Act can create legal confusion Dated: 21-8-2017 Reply By CHIRAG MEHTA as = Section 17(3) includes only outward suppplies on which tax is to be payable by the client Dated: 17-9-2017 Reply By Mayuri Shete as = if we have paid ₹ 3,25,000 in Aug-2017 against our July-17 RCM liability, now we have fresh liability for RCM in Aug-2017 for ₹ 3,50,000/- then how much of tax payment should be done for the month of Aug-2017? &# ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 8377; 25000/-or ₹ 3,50,000/-? Dated: 18-9-2017 Reply By prudhvi varma as = Claiming Input Tax Credit on GST paid under Reverse Charge mechanism is of Little bit Confusion.As per CBEC explanation paper on www.http://www.cbec.gov.in/resources//htdocs-cbec/gst/reverse-charge-mechanism-08aug2017.pdf;jsessionid=04F0FDFB06CD7D79DFE89094CF948655 .Any amount payable under reverse charge shall be paid by Debiting the Electronic cash ledger(ECL) . In other words, Reverse charge liability cannot be discharged by using input tax credit. However, after discharging reverse charge liability,credit of the same can be taken by the recipient, if he is otherwise eligible. By above explanation,it is clear that Reverse charge liability is discharg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed only after Debiting ECL.Debit in ECL will be reflected only after payment made in GSTR 3B.So, it is not possible for using Current month ITC of Reverse Charge in the same month. Dated: 27-10-2017 - Scholarly articles for knowledge sharing authors experts professionals Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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