Input Tax Credit (ITC) availed under the GST law is conditional and subject to reversal in specified circumstances as prescribed under the Central Goods and Services Tax Act, 2017 and the Rules made thereunder. The major provisions governing ITC reversal are summarised below:


 1. Rule 37 – Non-payment to Supplier

Nature: Payment-based reversal

Applicability: Where consideration along with tax is not paid to the supplier within 180 days from the date of invoice

Compliance:

ITC to be reversed in GSTR-3B

ITC can be re-availed on actual payment to supplier

2. Rule 37A – Non-filing of GSTR-3B by Supplier

Nature: Return filing-based reversal

Applicability: Supplier has not furnished GSTR-3B

Compliance:

Mandatory ITC reversal by recipient

ITC can be re-availed when supplier files return

3. Rule 38 – Banking Companies / NBFCs

Nature: Special reversal mechanism

Applicability: Banking companies and NBFCs opting for proportionate reversal

Compliance:

Monthly option exercised

Irrevocable for the entire financial year

4. Rule 42 – Common ITC (Inputs & Input Services)

Nature: Proportionate reversal

Applicability: Inputs/input services used for taxable as well as exempt supplies

Compliance:

Monthly provisional reversal

Final adjustment annually

5. Rule 43 – Capital Goods

Nature: Capital goods reversal

Applicability: Capital goods used commonly for taxable and exempt supplies

Compliance:

Monthly reversal over useful life of means of production

6. Section 17(5) – Blocked Credits

Nature: Permanent disallowance

Applicability: Specified goods and services (e.g., motor vehicles, personal consumption, etc.)

Compliance:

ITC not eligible at all; no re-availment permitted

7. Section 18(4) read with Rule 44 – Change in Nature of Supply

Nature: Event-based reversal

Applicability:

Change from taxable to exempt supply, or

Opting for composition scheme

Compliance:

ITC reversal required on the date of change

Conclusion

ITC reversal provisions are mandatory, time-sensitive, and compliance-critical. Non-adherence may lead to interest, penalties, and litigation. Regular reconciliation of GSTR-2B, vendor compliance monitoring, and periodic ITC reviews are strongly recommended.

Okmoneta

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