Section 17 of CGST Act, 2017, Apportionment of credit and blocked credits

 

Apportionment of credit and blocked credits, Section 17 of CGST Act, 2017

 

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Apportionment of credit and blocked credits, Section 17 of CGST Act, 2017

Section 17 of CGST Act, 2017, Apportionment of credit and blocked credits.

 

The below post explains about Apportionment of credit and blocked credits under section 17 of CGST Act,2017.

 

Section 17 of CGST Act, 2017 explains Apportionment of credit and blocked credits as below: (The amendments if any will also be updated here soon).

 

The extract of Section 17 of CGST Act,2017 quoted below:

 

17 Apportionment of credit and blocked credits.

 

17. (1) Where the goods or services or both are used by the registered person partly

for the purpose of any business and partly for other purposes, the amount of credit shall be

restricted to so much of the input tax as is attributable to the purposes of his business.

Section 17 of CGST Act, 2017, Apportionment of credit and blocked credits(2) Where the goods or services or both are used by the registered person partly for

effecting taxable supplies including zero-rated supplies under this Act or under the Integrated

Goods and Services Tax Act and partly for effecting exempt supplies under the said Acts, the

amount of credit shall be restricted to so much of the input tax as is attributable to the said

taxable supplies including zero-rated supplies.

(3) The value of exempt supply under sub-section (2) shall be such as may be prescribed,

and shall include supplies on which the recipient is liable to pay tax on reverse charge basis,

transactions in securities, sale of land and, subject to clause (b) of paragraph 5 of Schedule

II, sale of building.

(4) A banking company or a financial institution including a non-banking financial

company, engaged in supplying services by way of accepting deposits, extending loans or

advances shall have the option to either comply with the provisions of sub-section (2), or

avail of, every month, an amount equal to fifty per cent. of the eligible input tax credit on

inputs, capital goods and input services in that month and the rest shall lapse:

Provided that the option once exercised shall not be withdrawn during the remaining

part of the financial year:

Provided further that the restriction of fifty per cent. shall not apply to the tax paid on

supplies made by one registered person to another registered person having the same

Permanent Account Number.

 

(5) Notwithstanding anything contained in sub-section (1) of section 16 and subsection

(1) of section 18, input tax credit shall not be available in respect of the following,

namely:—

(a) motor vehicles and other conveyances except when they are used––

(i) for making the following taxable supplies, namely:—

(A) further supply of such vehicles or conveyances ; or

(B) transportation of passengers; or

(C) imparting training on driving, flying, navigating such vehicles

or conveyances;

(ii) for transportation of goods;

 

(b) the following supply of goods or services or both:—

(i) food and beverages, outdoor catering, beauty treatment, health services,

cosmetic and plastic surgery except where an inward supply of goods or services

or both of a particular category is used by a registered person for making an

outward taxable supply of the same category of goods or services or both or as

an element of a taxable composite or mixed supply;

(ii) membership of a club, health and fitness centre;

(iii) rent-a-cab, life insurance and health insurance except where ––

(A) the Government notifies the services which are obligatory for an

employer to provide to its employees under any law for the time being in

force; or

(B) such inward supply of goods or services or both of a particular

category is used by a registered person for making an outward taxable

supply of the same category of goods or services or both or as part of a

taxable composite or mixed supply; and

(iv) travel benefits extended to employees on vacation such as leave or

home travel concession;

(c) works contract services when supplied for construction of an immovable

property (other than plant and machinery) except where it is an input service for further

supply of works contract service;

(d) goods or services or both received by a taxable person for construction of an

immovable property (other than plant or machinery) on his own account including

when such goods or services or both are used in the course or furtherance of business.

Explanation.––For the purposes of clauses (c) and (d), the expression

“construction” includes re-construction, renovation, additions or alterations or repairs,

to the extent of capitalisation, to the said immovable property;

(e) goods or services or both on which tax has been paid under section 10;

(f) goods or services or both received by a non-resident taxable person except

on goods imported by him;

(g) goods or services or both used for personal consumption;

(h) goods lost, stolen, destroyed, written off or disposed of by way of gift or free

samples; and

(i) any tax paid in accordance with the provisions of sections 74, 129 and 130.

 

 

(6) The Government may prescribe the manner in which the credit referred to in subsections

(1) and (2) may be attributed.

Explanation.–– For the purposes of this Chapter and Chapter VI, the expression

“plant and machinery” means apparatus, equipment, and machinery fixed to earth by

foundation or structural support that are used for making outward supply of goods or

services or both and includes such foundation and structural supports but excludes—

(i) land, building or any other civil structures;

(ii) telecommunication towers; and

(iii) pipelines laid outside the factory premises.

 

The above information clarifies about Apportionment of credit and blocked credits under section 17 of CGST Act,2017.  

 

If you have any comments about Section 17 of CGST Act, 2017 explaining Apportionment of credit and blocked credits, share below your thoughts:

 

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Comments


Dinesh Sharma: Dear Sir, Please tell about the section under 17(5) We are manufacturer of Rice & taking civil service on our buisnes place so, what will be impact on GST act. 1 firstly if contractor will charge 18% gst that should be credit or not 2 2ndly if we will work with unregistred contractor then RCM will be applicable on that service or not. Please do the needful Thanks & regards Dinesh Sharma Mb-8198900190

JAIGANESH.V: Q1. whether all supplies other than manufacturing should be mentioned in inward supplies of GSTR-3B & GSTR-2,even though not eligible to take credit?. (like Cab, Catering, Telephone,maintenance, etc.,)

ROHIT SHARMA: what are the calculation get to the input tax when reverasal charge against the rule 42 and 43 of cgst

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