Sr. No. Description
1. Input Tax Credit-What it is when a taxable person
purchases any, goods-
(i)
For
resale; or
(ii)
For
use in the for manufacture; or
(iii)
For
processing; or
(iv)
For
packing of taxable goods in the State
He pays
certain tax to the purchaser. The tax which he has paid to the purchaser is
called the “input Tax Credit” This Input Tax Credit is reduced from the Output
Tax payable so that the tax in effect is paid only on the value added part at
each stage. This ‘Input Tax Credit” can be claimed whether or not the Taxable
person has paid the amount to the seller.
2.
Input Tax Credit-Who is entitled A
Taxable person paying VAT is entitled to get the Input Tax Credit in respect
all taxable goods. Including Capital Goods.
3.
Input Tax Credit-When admissible Input
Tax Credit is admissible only on those goods which are purchased within the
State and that too from A Taxable Person. Purchasing the goods from registered
person or from unregistered person do not qualify for Input Tax Credit [Section
13(1)]
4.
Condition for claiming ITC (I)
Person claiming ITC should be registered for VAT
(ii)
Person should be in the concerned business.
(iii)Goods
must have been further sold
(iv)Possession of
original invoice essential
(v) Accounts are
property maintained [Rule 18(b)]
5.
Full ITC when admissible Full
amount of ITC including on capital goods will be provided the gods purchased
have further been sold or used in manufacture, processing, etc. [Section 13(1)
first proviso, Rule 22]
6.
Partial Input Tax Credit-Admissibility Partial
use of goods provide partial Input Tax Credit Capital goods when are used
partially for manufacture of taxable goods and partially manufacture of tax
free goods or for job work, Input Tax Credit will be available on pro rata
basis [rule 19 (1)]
7.Circumstance
when the Input Tax Goods
purchased when are sent:-
Credit on goods purchased shall be (i) Outside the state
Allowed only to the extent by which
The amount of tax paid in the State of (ii)
In the course of interstate trade or commerce.
Exceeds four Per cent
(iii)
Goods declare in schedule H , when are sold in the
course of interstate trade or commerce.
(iv)Goods
purchased in the course of export out of territory of India.
(v)Goods
purchased for use in manufacturing of taxable goods but sent outside the state
(vi)Goods
purchase for use in packing of taxable goods but sent outside the state.
(vii)Purchase
of goods for use in generation, distribution and transmission of electric
energy was not captive consumption.
(viii)Branch
Transfer
(ix)Input
tax credit on furnace oil, transformer oil, mineral turpentine oil, water
methanol mixture, naphtha and lubricants shall be allowed only to the extent by
which amount of tax paid in the state exceeds four %.
8. Goods on the purchase of which no
(i) Purchase of automobiles by a taxable person in
Input tax credit is admissible business.
(ii)Purchases of patrol, diesel, aviation
turbine fuel, liquefied petroleum
gas and condensed natural gas by a taxable person not in the business of
selling such product-
(iii)Purchase
of civil structure and immovable goods or properties by a taxable person.
(iv)Purchase
of office equipment and building material by a taxable person not in the
business of dealing in such goods.
(v)Purchase
of furniture fixtures including electrical fixtures and fitting, by taxable
person not in the business of such goods.
(vi)Purchase
of air-condition unit, air circulators and refrigeration units by the taxable
person not in the business of such goods.
(vii)Purchase
of Weigh Bridge, except when installed inside the manufacturing process of
taxable goods.
(viii)
Input Tax credit on purchase of goods used in manufacture, processing or
packing of goods specified in Schedule ‘A’ ( Tax Free)-Not admissible.
(ix)
Purchase of goods in generation, distribution and transmission of electrical
energy shall not be admissible unless such use in captive purpose.
(x)Purchase
of foods, beverage and tobacco products by the taxable person not in the
business of selling foods, beverages and tobacco products.
(xi)Invoice
which are against the bonafide transaction-Not
admissible to input tax credit.
(xii)Invoice
which are doing not contain all the required information as specified in
rule 54.
(xiii)Invoice
which has been issued by a person
whose certificate of registration has been cancelled-
(xiv)Goods
lying in stock have become tax free.
(xv)Goods
lying in stock have become tax free-Using the goods as input for making
tax-free goods.
(xvi)Goods
purchased during the period of composition (TOT)-Not admissible to input tax
credit.
(xvii)
Goods Purchased and used for personal consumption-Not admissible to input tax
credit.
(xviii)
Gifts for personal use or consumption-not admissible to input tax credit
[Section 13(5)]
9.
Reversal of Input Tax Credit availed In the following
circumstances, the input tax credit shall not be admissible to a taxable
person. Input tax credit if any availed by shall be reversed and paid along
with the return submitted:-
(i) Change of
option by a taxable person from VAT to TOT.
(ii)Change
of option by a registration person from TOT to VAT.
(iii)Export of goods out of India and
claimed refund of Input Tax credit
(iv)Goods
purchased for sale in the State but could not be so sold.
(v)Goods
purchased for sale in inter-state trade and commerce, but could not be sold.
(vi)Goods purchased for export but could not
be exported out of India.
(vii)Goods
purchased for the purpose of
processing but could not be so used.
(viii)Goods
purchased for the purpose of processing but could not be used.
(ix)
Goods Purchased for packing of taxable goods for sale but could not be so used.
(x)
Goods remaining in stock at the time of closure of business.
(xi)
Modification on invoice book after issue of debit note.
(xi)
Modification on invoice book after issue of credit note.
(xii)
Loss of goods-Reversal of ITC availed
(xiii)Goods
which are destroyed and are beyond repair.
(xv)
Goods which are damaged and are beyond repair.
10.
Adjustment of Input tax Credit if
the amount of input tax credit, is more than the amount of output tax, the same
may be adjusted, against the tax liability:-
(i)
Central
Sales Tax Act, 1956, if any
(ii)
Against
the liability of outstanding tax, penalty or interest.
11. Carrying forward of excess amount
Excess amount of Input Tax Credit, if any,
Of Input Tax credit after
adjustment under section 15 (2) (3) may be carried over to subsequent tax
period.
12. Refund of excess amount of ITC Excess amount of ITC,
if any, after adjustment may be refunded.
13. Transferability of the ITC Input Tax
Credit shall be non-transferable except where the ownership of the business of
a person is entirely transferred.
14. Nagetive Input Tax Credit balance Input Tax Credit
availed deductible.
15.
Input tax credit on stock held on ITC
on stock is admissible if the same was
The appointed day (01.04.2005) purchased between
1.4.2005 to 31.3.2005. A taxable person is required to submit the details of
the stock in a proforma issued by the department within issued by the
department within thirty days from enforcement of this new Act.
16. ITC on stock-Who is entitled to
get A taxable person
whose registration has been continued under section 21 of the Punjab Vat Act is
entitled to input tax credit in respect of tax paid or payable under the
repealed act on goods other than capital goods, lying in stock with him,
17. Period for which the ITC on stock
is available Twelve months prior to the
date of appointment.
18. ITC on capital goods held in
stock ITC on capital
goods is admissible provided the person is in the business of resale of such
goods and that such stock is out of the purchases made within twelve months
prior to the appointment day.
19. Goods eligible for ITC Tax
Paid goods prior to the appointed day and are taxable under the new Act are
eligible for ITC
20. Input Tax Credit on duplicate
invoice In form VAT-7 and
VAT-8-On receipt of application in form VAT-7, the designated officer shall
cross-check the transaction and allow the claim within 60.
21. ITC on goods leviable to Purchase
Tax The ITC on purchase tax
is admissible if-
(i)
The goods are sold within the state; or
(ii)Are
used for manufacture or taxable
goods;
(iii)
Are have been sold in the course of inter-state trade or commerce.
(iv)
Have been sold in the course of export.
22. ITC on stock-Condition of its
admissibility (i) Furnishing of
statement of tax paid goods in stock for claiming ITC essential.
(ii)Registration
of a person under VAT Act as taxable person to claim ITC on stock essential.
23.
ITC on stock-when not admissible
(i) Where the taxable person has claimed deduction from gross turnover
under the repealed Act.
(ii)
Taxable person has not submitted the statement of tax paid goods.
(iii)
Taxable person is not registered under the VAT Act,
(iv)Taxable
person is not in possession of sales vouchers.
24. Rate at
which ITC held in stock ITC
on stock held on the appointed day l Is
admissible be allowed on the basis
of-
(i)
The
rate of tax prevailing; or
(ii)
On
the day of purchases of such goods
(iii)
On
the rate of tax under this Act; whichever is lowest [14 (4)]
25. ITC for
purchases from units availing Special
dispensation for ITC on goods exemption of tax purchased by a taxable person from an
Exempted unit
has been devised. Main Feature of the proposal are as follows.
Turnover-based
ITC for purchases made from units availing exemption of tax.
Colures of
invoice to be issued by an exempted unit shall exclusive and different from
colour of VAT invoice of other taxable persons.
Format of the
invoice shall be the same as that of VAT invoice with some change in the column
relating to calculation of tax and claim of credit.
Selling dealer
i.e. an exempted unit shall specify the selling price of goods.
Subsequent
dealer shall claim adjustment of purchases price of such goods when resold.
No adjustment
of purchases price by subsequent dealers shall be allowed if the goods are used
for any purpose other than resale.