2019 (10) TMI 754 - AAR - GST

Claiming Input Tax Credit on Pre-Registration Procurements: GST Ruling Clarifies Eligibility Criteria

In Re: M/s. Knowlarity Communications Pvt. Ltd.,

The applicant, a private limited company providing cloud telephony services, sought a ruling on claiming input tax credit (ITC) on goods or services ... Input tax credit - GST Act, 2017 - goods and services tax paid on input invoices of goods or services procured or availed by a registered person before its effective date of registration under GST, where such inputs are eligible input credits and for the purpose of furtherance of business - HELD THAT:- A person who has been granted registration, where the person has applied for registration within 30 days from the date on which he became liable for registration, would be allowed to take credit of input tax in respect of goods held in stock which are intended to be used by that person in the course or furtherance of business. Hence there is no question of allowing credit on the input tax credit charged on the invoices dated prior to the effective date of registration relating to services and even in respect of goods, they must be available in stock as on the day prior to the effective date of registration. The applicant is not eligible to claim input tax credit of the tax paid on input invoices of goods or services procured or availed by a registered person before its effective date of registration under GST - further, in case of inputs being goods, the applicant is only eligible to claim input tax credit of the tax paid on such goods (inputs) lying in stock on the day previous to the effective date of registration, which are intended to be used in the course or furtherance of business, subject to other conditions and restrictions prescribed in the GST Act and in Rule 40 of the CGST Rules, in case the application for registration has been filed within thirty days from the date on which the applicant became liable for registration under the Act. Issues Involved:1. Eligibility of input tax credit (ITC) on invoices of goods or services procured before the effective date of GST registration.Detailed Analysis:1. Eligibility of ITC on Invoices Before Effective Date of Registration:The applicant, a private limited company engaged in providing cloud telephony internet-based communication solutions, sought an advance ruling on whether a registered person under the GST Act, 2017, can claim ITC on goods or services procured before the effective date of registration, provided such inputs are eligible and used for business purposes.Applicant's Submissions:- The applicant argued that Section 16 of the CGST Act, 2017, allows a registered person to take credit of input tax charged on any supply of goods or services used in the course or furtherance of business.- Section 16(2) outlines conditions for ITC eligibility, including possession of a tax invoice, receipt of goods or services, tax payment to the government, and filing of returns.- Section 16(4) specifies the time limit for claiming ITC, which is the due date of furnishing the return for September following the end of the financial year or the annual return, whichever is earlier.- The applicant contended that the law does not restrict claiming ITC on invoices issued before the effective date of registration, as long as the conditions in Section 16 are met.- Rule 36 of the CGST Rules, 2017, further defines the documentary requirements for claiming ITC, emphasizing that ITC is available if the registered person possesses invoices issued per Section 31 of the CGST Act, 2017.- The applicant cited various judicial precedents under erstwhile laws, supporting the view that ITC should not be denied if claimed within the stipulated time limits.Authority's Findings:- The Authority verified the provisions of the GST Acts and noted that the applicant was registered from 01.04.2018. Prior to this date, the applicant was unregistered in Karnataka.- Section 2(94) defines a 'registered person' as one who is registered under Section 25 of the CGST Act.- Section 18(1) of the CGST Act deals with special circumstances for credit availability, allowing ITC on inputs held in stock immediately preceding the date of liability or grant of registration, provided the registration application was filed within 30 days of becoming liable.- The Authority emphasized that ITC on services procured before the effective date of registration is not permissible. For goods, ITC is only allowed if they are in stock on the day prior to the effective date of registration and intended for business use.Ruling:- The applicant is not eligible to claim ITC on goods or services procured before the effective date of registration under GST.- For goods (inputs) lying in stock on the day previous to the effective date of registration, ITC can be claimed if they are intended for business use and the registration application was filed within 30 days of becoming liable, subject to conditions and restrictions in the GST Act and Rule 40 of the CGST Rules.This comprehensive analysis ensures that the legal terminology and significant phrases from the original judgment are preserved, providing a thorough understanding of the issues and the Authority's reasoning.