Input Tax Credit

A recipient inadvertently pays tax on RCM for a supply for which RCM provisions are not applicable. Can he avail ITC of the same?
If the other conditions such as possession of tax invoice, receipt of goods/services etc. are satisfied as per Section 16, the ITC can be availed
Mon, 21 Mar, 2022 at 10:12 PM
A supplier who is liable to provide E-Invoice issues a normal Invoice instead of E-Invoice. Does it affect my ITC eligibility in the said transaction?
If a person who is liable to issue E-Invoice issues a normal Invoice, the invoice is invalid as per Rule 48(5). Therefore, the ITC cannot be availed
Mon, 21 Mar, 2022 at 10:12 PM
As per Section 16(4), ITC can be claimed within due date of filing September return of the next Financial Year or the date of filing annual return whichever is earlier. If the taxpayer files September return belatedly, can he avail the I
It is to be noted that the time limit taken into consideration is only the due date of filing September return and not the date of filing September return. ...
Mon, 21 Mar, 2022 at 10:21 PM
Can ITC be availed on Bill to-Ship to transactions?
In Bill to-Ship to transactions, there would be 3 parties and 2 invoices involved. Therefore, both buyers can avail credit using the invoices received from ...
Mon, 21 Mar, 2022 at 10:27 PM
Can ITC be availed on construction of immovable property if it is to be let out for commercial purposes subsequently?
Yes. ITC can be claimed as the construction directly contributes to the further outward supply
Mon, 21 Mar, 2022 at 10:25 PM
Can ITC be availed on CSR expenses?
Yes. As a company cannot operate without providing benefits to its stakeholders, any expenditure in relation to CSR is made in the course or furtherance of ...
Mon, 21 Mar, 2022 at 10:26 PM
Can ITC be availed on food and beverages supplied in a conference?
The Conference services provided by the supplier is a principal supply and any consideration collected from the attendees is deemed to be collected inclusiv...
Mon, 21 Mar, 2022 at 10:24 PM
Can ITC be claimed on demo pieces given for sales promotion?
Yes. As the main intention to provide demo pieces is to garner the prospective new customer, it is an integral part of business and hence, ITC can be availed
Mon, 21 Mar, 2022 at 10:24 PM
Can ITC be denied on the grounds that as E-way bill is not generated for a transaction, the recipient has not received the goods thus not satisfying the ITC eligibility condition u/s 16(2)(b)
E-way bill shall be generated only when the Invoice value exceeds Rs.50,000. Therefore, it is clear that for every transaction, E-way bill need not be gener...
Mon, 21 Mar, 2022 at 10:13 PM
Can ITC be denied on the grounds that the vendor has shown a different HSN in his GST return when compared to the Invoice in possession with the buyer?
Mismatch in HSN does not affect the eligibility of ITC for the buyer
Mon, 21 Mar, 2022 at 10:15 PM