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TMI BlogRestriction in availment of input tax credit in terms of sub-rule (4) of rule 36 of HPGST Rules, 2017X X X X Extracts X X X X X X X X Extracts X X X X ..... our, Bilaspur, Hamirpur, Mandi. Kullu, Chamba, Kangra, Revenue Distt Nurpur and Una, H.P 4. The Asstt. Commissioner of State Taxes and Excise, Incharge Distt. Kinnour, H.P Dated Shimla-9 the 10th Dec., 2019. Madam/Sir, Subject: Restriction in availment of input tax credit in terms of sub-rule (4) of rule 36 of HPGST Rules, 2017 reg. Sub-rule (4) to rule 36 of the Himachal Pradesh Goods and Services Tax Rules, 2017 (hereinafter referred to as the HPGST Rules) has been inserted vide notification No. 49/2019- State Tax, dated 01.11.2019. The said sub-rule provides restriction in availment of input tax credit (ITC) in respect of invoices or debit notes, the details of which have not been upload ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... required to be uploaded by the suppliers under sub-section (1) of section 37 and which have not been uploaded. Therefore, taxpayers may avail full ITC in respect of IGST paid on import, documents issued under RCM, credit received from ISD etc. which are outside the ambit of sub-section (1) of section 37, provided that eligibility conditions for availment of ITC are met in respect of the same. The restriction of 36(4) will be applicable only on the invoices / debit notes on which credit is availed after 09.10.2019. 2 Whether the said restriction is to be calculated supplier wise or on consolidated basis? The restriction imposed is not supplier wise. The credit available ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... avail in his FORM GSTR-3B in a month in case the details of some of the invoices have not been uploaded by the suppliers under sub- section (1) of section 37. Sub-rule (4) of rule 36 prescribes that the ITC to be availed by a registered person in respect of invoices or debit notes, the details of which have not been uploaded by the suppliers under sub-section (1) of section 37, shall not exceed 20 per cent. of the eligible credit available in respect of invoices or debit notes the details of which have been uploaded by the suppliers under sub-section (1) of section 37. The eligible ITC that can be availed is explained by way of illustrations, in a tabulated form, below. In the illustrations, say a taxpayer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 1,40,000/- ₹ 7,00,000 + ₹ 1,40,000 = ₹ 8,40,000/- Case 3 Suppliers have furnished in FORM GSTR-1 75 invoices having ITC of ₹ 8.5 lakhs as on the due date of furnishing of the details of outward supplies by the suppliers. ₹ 1,70,000/- ₹ 8,50,000/- + ₹ 1,50,000/-* = ₹ 10,00,000 * The additional amount of ITC availed shall be limited to ensure that the total ITC availed does not exceed the total eligible ITC. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ₹ 8.3 lakhs] Case 2 R may avail balance ITC of ₹ 1.6 lakhs in case suppliers upload details of some of the invoices involving ITC of ₹ 1.3 lakhs out of outstanding invoices involving ₹ 3 lakhs. [₹ 7 lakhs + ₹ 1.3 lakhs = ₹ 8.3 lakhs] 4. This circular shall come into force w.e.f. 11.11.2019. 5. Difficulty, if any, in the implementation of this Circular may be brought to this office immediately. Yours Faithfully, Dr. Ajay Sharma, (IAS) Commissioner of State Taxes and Excise, Himachal Pradesh - Ci ..... X X X X Extracts X X X X X X X X Extracts X X X X
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