Professional Documents
Culture Documents
By Adv. Sanjay Dwivedi
ITC relating to nonbusiness activities and exempted supplies is
required to be apportioned and reversed. In the 1st part of the
article we had discussed apportionment of credits of inputs and
input services. This is the 2nd part of the article describing
apportionment of credits of Capital Goods.
Recap:
We had noted in the previous part of this article that credit is available only on
the goods/ services used for business purposes. It is not available if the same are
used for other purposes. Similarly, the credit is available only if the goods/
services are used for effecting taxable supplies or for zero rated supplies. But it is
not available if these are used for effecting exempted supplies. Problem goods/
services are common to business & nonbusiness or exempted & taxable supplies.
The method prescribed under Rule 42 firstly required us to determine such
common credits on inputs & input services. Then it provided formulae to
calculate the amount of credit that was required to be reversed. Similar effect is
achieved by rule 43 in respect of capital goods.
It’s a departure from the provisions of Cenvat Credit Rules
We may recall that similar provisions exited under rule 6 of the erstwhile Cenvat
Credit Rules, 2004. But it did not apply to capital goods. The concept of reversal
of proportionate credits applied only to inputs and input services. Now, under
GST law, the concept has been made applicable to capital goods as well. Thus, if
any capital goods are used for taxable as well and exempted supplies (or for non
business purposes), there would be a proportionate reversal of credit.
Capital Goods & Depreciation:
Sec 2 (19): 'capital goods'
Definition of Capital Goods under GST is different from means goods, the value of
that in the Cenvat Credit Rules, 2004. Under GST, which is capitalised in the
‘Capital Goods’ simply refers to those goods value of books of account of the
which is capitalised. The definition does not require that person claiming the input
these goods should fall under any specific chapters of the tax credit and which are
tariff, etc. used or intended to be used
in the course or furtherance
of business;
Before proceeding any further, we should note that ITC shall not be allowed if
depreciation is claimed (under Income Tax) on the tax component of the cost 1. Thus, for
example, if certain capital goods were purchased for Rs. 1 lakh + tax of Rs. 18,000/ then
we have two options
a. Claim depreciation on Rs. 1 lakh and avail ITC of Rs. 18,000/; or
b. Claim depreciation on Rs. 1.18 lakh and do not avail ITC.
Capital Goods vs. Inputs & Input Services – Similarity & Difference in the
methods:
Why did we need two methods – one for inputs & input services (rule 42) and another
for capital goods (rule 43)? The basic idea in both the rules is the same – first determine
the common credits and then apportion them into the eligible and noneligible parts.
However, the difference lies in the fact that the Capital Goods have a long life. It is
therefore very much possible that an item which was used for business purposes for
certain duration could be put to nonbusiness purposes for another duration. Similarly,
the equipment that was used for effecting taxable supplies for certain duration could be
later used for exempted supplies.
Therefore, in case of capital goods the ‘common credit’ is required to be determined
separately for each tax period2. We can visualise that the ‘common credit’ is a fluid
figure. Even if there is no addition or deletion to the capital goods, the common credit
may change if use of the goods changes. Barring this, the method remains essentially
similar.
Determination of the Common Credits:
Identify the following Capital Goods:
1 Sec 16 (3) of the CGST Act, 2017
2 Tax period means the period for which the return is required to be furnished. See Sec 2 (106).
Thus, if the return is to be furnished on monthly basis, the ‘tax period’ is the month. If it is filed
on quarterly basis, it is the quarter.
3 These are the three clauses of rule 43 (1)
Now here comes the peculiarity of the capital goods. Use of the capital goods may change
over a period. The item may move between clauses (a), (b) and (c) mentioned above. We
need to ascertain the amount ‘A’.
The capital goods that till yesterday were used for nonbusiness purposes might also be
used from today for business purposes. Similarly, the related outward supply which was
exempted till yesterday could become taxable today. In other words use of the capital
goods can change and therefore the amount of common credits may keep on changing
over a period.
The rule assumes the useful life of every Capital Goods as five years (i.e. 20 quarters)
from the date of the invoice for such goods. The tax amount is spread over these 20
quarters; and therefore the credit for each quarter becomes 5% of the total tax. In
certain situations the amount is required to be calculated on monthly basis (dividing the
credit by 60). In certain other situations, it is required to be calculated on quarterly
basis (applying 5% credit for each quarter).
Change of use:
Period Quarter
17/07/2017 to 30/09/2017 July to September
01/10/2017 to 31/12/2017 October to December
01/01/2018 to 20/02/2018 January to March
The credit would be reduced by 5% for each quarter. So the reduction would be of Rs.
60,000 x 5% x 3 = 9000. The balance credit of Rs. 51,000/ can be credited to the eCredit
Ledger.
Please note that
a. Credit is reduced by 5% even for part of the quarters.
b. Credit can be taken only if depreciation is not claimed on the tax element.
Therefore, one has to be careful if the change of use has occurred after a financial
year (when the account books have already been finalised).
c. This common credit is to be further taken for apportionment (since it is used for
providing exempted as well as taxable supplies).
Following is the summary of method of calculation of credit in different situations:
Apportioning the Common Credits
Credit is apportioned in the ratio of turnover of the exempted and taxable supplies.
Wherever eligible, the credit for the entire remaining life is first taken. Then common
ITC for a tax period is determined assuming life of the asset to be 60 months. Only those
capital goods are taken into consideration whose useful life remains during the tax
period. Out of this common credit, the amount of common credit attributable towards
exempted supplies is calculated by applying the following formula.
This amount represents credit relating to exempted supplies; and is required to be paid
back.
Certain notable things:
1. We should maintain list of the capital goods and identify their use from month to
month (categorise them into the clauses a, b and c).
2. The amount of common credit so apportioned should be calculated separately for
CGST, SGST (or UT GST), IGST
3. The aggregate value of exempt supplies shall exclude the following values (for
the purposes of both the rules 42 as well as 43):
a. The value of supply of services specified in the notification 42/2017ITR. The
notification exempts supply of services having place of supply in Nepal or
Bhutan, against payment in Indian Rupees.
b. The value of services by way of accepting deposits, extending loans or
advances in so far as the consideration is represented by way of interest or
discount, except in case of a banking company or a financial institution
including a nonbanking financial company, engaged in supplying services by
way of accepting deposits, extending loans or advances; and
c. The value of supply of services by way of transportation of goods by a vessel
from the customs station of clearance in India to a place outside India.
Summary
Both the rules 42 as well 43 roughly aim to do the same thing. They seek to implement a
basic principle viz. Credit on inward supply should not be allowed if the outward supply
is exempted or is not related to the business. In both the cases the common credits are
first determined and then the same are apportioned to exempted and taxable supplies.
In both the cases it is ensured that the credit remains available if the outward supply is
zero rated (i.e. export or supply to SEZ). Essence of difference in the methods lies in the
fact that the capital goods are used over a long period and the use may change from time
to time.