Cases when ITC is not available under GST

by Madhav Joshi

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Posted on September 17, 2019

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Motor vehicles & conveyances

ITC is not available for motor vehicles and conveyances.
For example, XYZ & Co. buys a car for its business. They cannot claim ITC on the same.

Exceptions to ITC on motor vehicles

ITC will be available when the vehicle is used for the following.

a) Supply of other vehicles or conveyances
If you are in the business of supplying cars then ITC will be available.
For example, a car dealer purchases a car for Rs.50 lakh plus 14 lakh GST
(ignoring cess calculations). The same car was later sold for 70 lakhs along with Rs.19.60 lakh GST. Since he is a dealer, he can claim ITC of 14 lakhs and pay only Rs.5.60 lakh (19.60 – 14).

b) Transportation of passengers
If you are providing transportation of passengers then ITC will be allowed on the vehicle purchased.
For example, Happy Tours purchased a bus for inter-city transport of passengers. ITC is available.

c) Imparting training on driving, flying, navigating such vehicle or conveyances.
A driving school purchases a car to give training to students. The school can claim ITC on the GST paid on the car.

d) Transportation of goods
ITC will be allowed on motor vehicles (and other conveyances) used to transport goods from one place to another. However, this is concerning other transporters and not goods transport agencies (GTA).

• Food, beverages, club memberships, and others

ITC is not for the supply of following goods or services or both:

• Food and beverages
• Outdoor catering
• Beauty treatment
• Health services
• Cosmetic and plastic surgery

Examples-
Ajay Enterprises arranges for an office party for its employees. Ajay Enterprises will not be able to claim ITC on the food & beverages served.

• Sale of membership in a club, health, fitness center

No ITC will be allowed on any membership fees for gyms, clubs, etc.
Example-
X, a Managing Director has taken membership of a club and the company pays the membership fees.  ITC will not be available to the company or Mr. X.

• Rent-a-cab, life insurance, health insurance

ITC is not available for rent-a-cab, health insurance and life insurance.
However, the following are exceptions, i.e., ITC is available for-
a. Any services which are made obligatory for an employer to provide its employee by the Indian Government under any current law in force
For example, assuming the government passes a rule for all employers to provide mandatory cab services to female staff in night shifts. ABC Ltd. hires a rent-a-cab to provide transportation to its female staff on night shifts. Then ITC will be available to ABC Ltd. on the GST paid to the rent-a-cab service.

b. If the category is the same for the inward supply and outward supply or it is a part of the mixed or composite supply
For example, ABC Travels lends out a car to XYZ Travels. Then XYZ Travels can claim ITC on the same.

• Travel

ITC is not available in the case of travel, benefits extended to employees on vacation such as leave or home travel concession.
For example,
ABC Ltd. offers a travel package to its employees for personal holidays. ITC on GST paid by ABC Ltd. for the holiday package will not be allowed.
ITC will be allowed for travel for business purposes. Please read our article to know more about the impact of GST on airfare and rail fare.

• Works contract

ITC shall not be available for any work contract services. ITC for the construction of immovable property cannot be availed, except where the input service is used for further work contract services.
For example, XYZ Contractors are constructing an immovable property. They cannot claim any ITC on the works contract. However, XYZ hires ABC Contractors for a portion of the works contract. XYZ can claim ITC on the GST charged by ABC Contractors.

• Constructing an immovable property on own
  account

No ITC is available for goods/services for the construction of an immovable property on his own account. Even if such goods/services are used in the course or furtherance of business, ITC will not be available.
But this rule does not apply to plant or machinery. ITC is available on inputs used to manufacture plant and machinery for own use.
Example-

• Ajay Steel Industries constructs an office building for its headquarters. ITC will not be available.
• Ajay Steel Industries also constructs a blast furnace to manufacture steel. ITC is available since it is a plant.

• Composition Scheme

No ITC would be available to the person who has made the payment of tax under composition scheme in GST law.
Please read our extensive guides on composition scheme under GST and whether you are eligible for it.

• No ITC for Non-residents

ITC cannot be availed on goods/services received by a non-resident taxable person.
ITC is only available on any goods imported by him.

• No ITC for personal use

No ITC will be available for the goods/ services used for personal purposed and not for business purposes.
Find out more on how to calculate the amount of common credit applicable for business if you use the same input for both business and personal uses.

• Free samples and destroyed goods

No ITC is available for goods lost, stolen, destroyed, written off or given off as gift or free samples.

• No ITC in fraud cases

ITC will not be available for any tax paid due to fraud cases which has resulted into –

1. Non or short tax payment or
2. Excessive refund or
3. ITC utilized or
   Fraud cases include fraud or willful misstatements or suppression of facts or confiscation and seizure of goods.

• No ITC on restaurants

As per Notification No. 46/2017-Central Tax (Rate), dated 14th November 2017, standalone restaurants will charge only 5% GST but cannot enjoy any ITC on the inputs.
However, restaurants as part of hotels with room tariffs exceeding Rs. 7,500 still continue pay 18% GST and enjoy ITC.
McDonald’s charges 5% GST and cannot claim any ITC.
Taj’s Grill by the Pool restaurant in Kolkata is a part of the Taj Bengal hotel and so it will charge 18% GST while enjoying ITC.

•  Goods or services or both used for personal consumption

• Goods lost

• No ITC of tax paid u/s 74, 129, 130 [u/s 17(5)(i)]

• The existing provisions of ITC on Job work has remained unchanged i.e. in case of inputs sent to job worker by the principal, restriction of 180 days have been placed for the inputs / completed jobs to be returned back and the 2 years in the case of capital goods sent to job worker. Otherwise, the principal is made to pay the amount of ITC along with interest which he can take the credit upon the actual receipt of such inputs/capital goods. The principal is also allowed to send goods directly to the job worker and also to sell the goods from the job workers door-steps.

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