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TMI BlogEligibility of ITCX X X X Extracts X X X X X X X X Extracts X X X X ..... Eligibility of ITC X X X X Extracts X X X X X X X X Extracts X X X X ..... es? Reply By KASTURI SETHI: The Reply: When the inputs are not available ITC for what and on what basis ? Reply By Shilpi Jain: The Reply: You could consider issuing a tax invoice at the time of return of goods. By this the credit will get reduced at your end and the original supplier will also get the credit. This has also been clarified in one of the circulars Reply By Ganeshan Kalyani: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Reply: I agree with the experts view, sec. 16 states as "taxpayer is entitled to take credit of input tax charged on goods or services used or intended to be used..". This clarifies that only when inputs are used or intended to be used the input tax credit is eligible for credit. In this case, the input is not being used and hence not entitled to take credit. Reply By Ganeshan Kal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... yani: The Reply: As suggested by expert, you can treat it a fresh sale from your end and raise tax invoice with GST to return the goods. By raising tax invoice you will charge GST and for that your recipient will be able to take the credit. Reply By KASTURI SETHI: The Reply: Why to follow difficult path ? Reply By Ganeshan Kalyani: The Reply: If customer returning the goods reverses the credi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t then government is getting tax twice. One is the said credit reversal and second is the GST paid by supplier at the time of original supply. So Sir, in my view, only two option available. Option 1 - return the goods through debit note. No GST reversal. Supplier will receive the goods and prepare credit note without GST as time barred as per section 34. No benefit of GST to supplier and no reve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rsal of credit by buyer. Option 2 - consider this as supply from customer side and raise tax invoice. original supplier will become customer and account it as purchase and take credit basis invoice. Your view please. Reply By Amit Agrawal: The Reply: As subject goods were 'intended to be used for business' by the tax-payer at the time of purchase, ITC availed earlier can NOT denied aft ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erwards just because such goods are returned back to the original supplier after three years. W.r.t. my reasoning about the words 'used or intended to be used' used in Section 16(1), kindly refer to elaborate discussion we had under Issue-Id: 118820 having subject-line as SEC 17(5)(h). Based on the query raised, I am presuming that situation warranting blockage of ITC u/s 17(5) does no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t exist here and query raised is with regards to Section 16(1) & not Section 17(1). Issuance of credit-note u/s 34(1) is optional for the original seller. As time-limit to disclose the credit-note (for basic amount as well as GST originally charged) & use 'gst charged earlier' against fresh liabilities u/s 34(2) is lapsed, original supplier should not issue credit-note u/s 34 but 'com ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mercial credit note' for basic value (i.e. excluding GST) can be issued for accounting purpose between parties. This is assuming that subject transaction is indeed 'purchase return' as mentioned in the query. Alternative Scenario: As goods were kept by the purchaser for three years, it is presumed that 'sale' took place and goods were unconditionally accepted by the buyer i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n the year of initial purchase itself. In other words, original seller is not under any legal obligation to take back these goods after three years. And if so, returning these goods now after three year cannot be called as 'Purchase Return' per se but same will be sale (i.e. resale) transaction. In other words, if my presumption holds good factually, this is not a situation where any credi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t-note u/s 34 can be issued. And in such a case, tax-payer can raise tax-invoice while re-selling goods and buyer (i.e. original seller) can avail ITC against gst charged at the time of re-sale. This alternative scenario depends upon 'facts' involved which only both parties to the transaction should be aware of and same should not be used blindly across every situation. These are ex faci ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e views of mine and the same should not be construed as professional advice / suggestion. Reply By HIMANSHU BHUSHAN: The Reply: The option of issuing fresh invoice is not feasible because the goods are no longer useful. So the original seller will dispose off the goods. Hence the best option is to consider it as purchase return. Reply By HIMANSHU BHUSHAN: The Reply: The option of issuing fres ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h invoice is not feasible because the goods are no longer useful. So the original seller will dispose off the goods so the requirement of reversal will arise at his end. Hence the best option is to consider it as purchase return. The only question is that, in such cases, since the goods purchased have been returned, would section 17(1) be triggered or not. X X X X Extracts X X X X X X X X Extracts X X X X
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