Understanding the Restrictions on Input Tax Credit (ITC) Under GST – Circular No. 123/42/2019
<p>Circular No. 123/42/2019, issued by the Ministry of Finance, introduces important guidelines on the restriction of Input Tax Credit (ITC) under rule 36(4) of the Central Goods and Services Tax (CGST) Rules, 2017. This measure, effective from October 9, 2019, is aimed at curbing irregularities in the availment of ITC by linking it to the invoices uploaded by suppliers.</p><p><strong>Key Highlights:</strong></p><ul><li><strong>Restriction on ITC Availment</strong>: Under this rule, businesses can only claim ITC for invoices and debit notes whose details have been uploaded by the suppliers in their GSTR-1. If the details are missing, taxpayers are allowed to claim ITC, but the amount is capped at 20% of the eligible ITC based on uploaded invoices.</li><li><strong>Calculation of ITC</strong>: The restriction applies on a consolidated basis, not supplier-wise. Businesses must calculate their ITC using the details available in their GSTR-2A for the relevant tax period. This includes checking which invoices have been uploaded by suppliers and how much ITC is eligible.</li><li><strong>Self-Assessment</strong>: Taxpayers are responsible for ensuring they comply with these restrictions through self-assessment. The ITC claim is based on eligible credit that has been uploaded by the suppliers, as reflected in the GSTR-2A.</li><li><strong>Adjustment in Future Months</strong>: If a taxpayer is unable to claim full ITC due to un-uploaded invoices, they can adjust the remaining ITC in subsequent months as the invoices get uploaded by the suppliers. This ensures that taxpayers can claim the full ITC once the necessary details are available.</li><li><strong>Practical Examples</strong>: The circular includes several examples illustrating how to calculate the eligible ITC under these new rules, ensuring businesses understand how to apply the 20% restriction and track the balance ITC claimable in future periods.</li></ul><p>This circular reinforces the need for both suppliers and recipients to keep their GST filings up to date, as discrepancies can affect the ability to claim ITC.</p><p><a href="https://cms.plasament.com/storage/chirag-singla/circular-cgst-123-new.pdf">circular-cgst-123_new</a><br> </p>