List of Goods and Services on which ITC is not available By Rohit Kumar


 
Update Category List of Goods and Services on which ITC is not available - Updated as on 8th September, 2020
Update Source GST Laws, Clarifications and Circulars
Release No. TM/GST/088 dated 8th September 2020
 
List of Ineligible Items on which ITC is not allowed under GST Laws – Updated as on 8th September, 2020
 
For a taxpayer, it is essential to determine whether the tax paid on the inward supplies is eligible as Input Tax Credit (ITC) or shall fall within the ambit of ineligible ITC. Section 17(5) of CGST Act 2017 provides for cases wherein a taxpayer would not be entitled to claim ITC unless it falls within the exceptions as provided.

In this relevance, list of Goods & Services falling within the ambit of Blocked Credit as per Sec. 17(5) of CGST Act 2017 has been chalked out mapping the same with applicable HSN / SAC tariff heading below:

Sl.No. Category of goods & services  HSN / SAC Exceptions where ITC is allowed
 1  Motor Vehicles & Other Conveyances  87 •  Further supply of such vehicles or conveyances; or•  Transportation of passengers; or•  Providing training on driving, navigating such vehicles; or•  Conveyances for transportation of goods; or•  Motor vehicles for transportation of persons having an approved capacity of more than thirteen persons including driver when they are used for business purposes;•  Buses for pick and drop of employees (if approved capacity is more than 13 persons including driver) – part of above.
 2 Insurance, repairs and maintenance for motor vehicles and conveyance not allowed 997134,998714,  •  Only allowed under this head if ITC on vehicles are allowed;•  If the ITC on any type of vehicle is not allowed, then the cost of insurance, repairs and maintenance for such vehicles is also not allowed.
3 Food    &     Beverages,    Outdoor     Catering,        Beauty Treatment, Health Services Cosmetic, Plastic Surgery 996339997299931, 99932, 99933,99934, 99935 •    Except where an inward supply of goods or services or both of a particular category is consumed 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•    ITC is available in respect of food and beverages or health services where the provision of such goods or services is obligatory for an employer to provide to employees under any law for time being in force.
4 Membership of a Club, Health and Fitness Centre 99972
  5  Rent-a-cab, Life Insurance & Health Insurance 996601997132, 997133997141, 997142 The Government notifies the services which are mandatory for an employer to provide to its employees under any law for the time being in force; or
Such inward supply of goods or services of a particular category is used for making an outward taxable supply of the same Category of goods or services or as part of a taxable composite or mixed supply.
 
Sl.No.  Category of goods & services Goods & Services HSN / SAC  Exceptions where ITC is allowed
6 Travel benefits extended to employees on vacation NA   –
7 Travel benefits on home travel concession (LTA) NA   –
 8 Works contract services when supplied for construction of an immovable property 9954 Except where it is an input service for further supply of works contract service and plant and machinery
 9 Goods or services received by a taxable person for construction of an immovable property  9954 Except goods or services received on his own account including when such goods or services or both are used in the course or furtherance of business and plant and machinery
10 Goods or services on which tax has been paid under section 10 (Composition Scheme)  NA    –
11 Goods or services or both received by a non-resident taxable person NA Except on goods imported by him
12 Goods or services or both used for personal consumption NA   –
13 Goods lost, written off, destroyed or damaged or stolen NA   –
14 Goods disposed of by way of gift or free samples NA Gifts to employees is exempted from GST upto a value of Rs 50,000 per employee – Schedule I of CGST Act, 2017 (Refer Sec 7)
15 Any tax paid in U/Sec 74, 129 and 130. (i.e. in fraud, misstatement, etc.) NA   –

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