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Input Tax Credit - Pre and Post Conditions to Claim the Credit

Input Tax Credit

As per Rule 36 of CGST Rules, The input tax credit shall be availed by a registered person, including the Input Service Distributor, based on any of the following documents, namely, -

  • Invoice - an invoice issued by the supplier of goods or services or both by the provisions of section 31;

  • Reverse Charge Self Invoice - an invoice issued by the provisions of clause (f) of sub-section (3) of section 31, subject to the payment of tax;

  • Debit Note - a debit note issued by a supplier by the provisions of section 34;

  • BOE during import- 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;

  • invoice by ISD - 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.


Pre-Conditions to Avail the Input Tax Credit

  • 16(1) Registration - GST Registered Person (Not under Composition Scheme)

  • 16(2)(aa) - Filing of Form GSTR - 1 by Supplier (to enable it to appear in Form GSTR -2A/ 2B to Recipient)

  • 16(2)(a) - Possession of valid tax invoice

  • 17(5) - Not a Blocked Credit

  • 16(2)(b) - Delivery of goods or services (complete and effective)

  • 16(2)(ba) -Credit matching via GSTR-2B

  • 16(2)(c) - Payment of tax by supplier

  • 16(2)(d) - Credit show in return filed


Can read about composition scheme under GST here

Can read about GST on Legal Services under GST here


Post-Conditions to Avail the Input Tax Credit

  • Rule 37 - Payment to supplier within 180 days

  • Rule 37A - Re-Availment of Input Credit reversed due to non-payment

  • 16(4) - Time Limit to Claim Credit

  • Actual End use of Input for Exempt or Non Taxable Supply or Given as Free Samples


 

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