There are certain special cases of Input Tax Credit, which are as follows:
1. Input Tax Credit for Capital Goods
Input Tax Credit on capital goods is available if they are used or intended to be used for making taxable supplies. However, a crucial condition is that you cannot claim both depreciation on the GST component of the capital good under the Income Tax Act and the ITC under GST.
If you claim depreciation on the full value, including GST, you cannot claim ITC on that GST portion. The Input Tax Credit on capital goods is typically available in full in the month of purchase.
2. Input Tax Credit under VAT
Before GST, India had a Value Added Tax (VAT) regime at the state level. Under VAT, businesses could claim Input Tax Credit on the VAT paid for goods they purchased. This applied when the goods were either resold or used in manufacturing processes. Similar to GST, this prevented the cascading effect of VAT within the state.
However, VAT did not allow credit for services or inter-state purchases, which led to cascading. GST was introduced to address these shortcomings, providing a seamless Input Tax Credit chain across goods, services, and inter-state transactions.
3. ITC on Job Work
In a job work scenario, the principal who sends goods for job work can claim ITC on inputs or capital goods sent to the job worker. This is allowed even if the goods are not directly received back at the principal's place of business, as long as conditions are fulfilled. The principal must ensure the goods sent to the job worker are returned within the specified time limits.
For inputs, the return period is 1 year, and for capital goods, it is 3 years. If these timelines are not met, the goods will be considered as a supply from the principal to the job worker.
Details of goods sent to and received back from the job worker must be reported in Form GST ITC-04. ITC on Job Work ensures that the principal manufacturer can utilize the credit even when manufacturing is outsourced.
4. ITC Provided by Input Service Distributor (ISD)
An Input Service Distributor (ISD) is an office of a supplier that receives invoices for input services. It distributes the Input Tax Credit related to these invoices to its units or branches that have the same PAN but different GSTINs and use these services.
This mechanism allows businesses with centralized billing for shared services to allocate the related Input Tax Credit to their respective units. An ISD can only distribute ITC on input services, not on inputs or capital goods. To do so, the ISD files Form GSTR-6. An ISD must obtain a separate GST registration as an ISD, even if operating under the same PAN.
5. ITC on Transfer of Business
In case of a sale, merger, amalgamation, demerger, or transfer of business as a going concern, the transferor can transfer the unutilized Input Tax Credit lying in its electronic credit ledger to the transferee. This is allowed if the liabilities of the business are also transferred.
The transferor needs to file Form GST ITC-02 on the GST portal for this transfer, along with a certificate from a practicing Chartered Accountant or Cost Accountant.
6. ITC for Banks and Financial Institutions
Banks and financial institutions (including NBFCs) have specific provisions for Input Tax Credit. Since they deal with both taxable supplies (e.g., banking services, loan processing fees) and exempt supplies (e.g., interest on deposits), they have two options:
- Standard ITC Rules: Claim ITC only on inputs and input services used for making taxable supplies and reverse credit for exempt and non-business purposes.
- 50% Reversal Rule: Opt to claim 50% of the eligible Input Tax Credit on inputs, input services, and capital goods, and reverse the remaining 50%. This is often chosen for simplicity, as it avoids complex apportionment calculations. Input Tax Credit on bank charges is generally allowed as per standard rules.
Note: The 50% ITC reversal is governed by Rule 38 of the CGST Rules and, once chosen, applies uniformly to all branches across India under the same PAN.