Input tax credit evidence requirements defeat unsupported blocked-credit exceptions, while interest arises only on utilised inadmissible credit.
Input tax credit eligibility, including any exception to blocked credit, requires contemporaneous evidence proving the factual basis and business nexus; invoices, payments, and assertions alone are insufficient. Section 17(5) requires identification of the applicable blocked-credit clause and cannot operate as a general ground to disallow expenditure. Vehicle, construction, renovation, gift, catering, and personal travel claims remain inadmissible where statutory restrictions apply or business use, non-capitalisation, asset nexus, or an exception is unproved. Lawfully leviable cess separately charged forms part of taxable value. Interest on inadmissible credit is confined to wrongful availment and utilisation. Penalty is not automatic, but applies under Section 73 to tax legally sustained, subject to recomputation.
Issues: (i) Whether the appellant bore the burden to prove eligibility for input tax credit and the applicability of any exception to blocked credit; (ii) Whether a non-specific invocation of Section 17(5) could sustain disallowance of input tax credit; (iii) Whether the disputed classes of inward supplies qualified for input tax credit; (iv) Whether lawfully leviable cess formed part of the taxable value of supply; (v) Whether interest on inadmissible input tax credit was payable only where the credit was availed and utilised; and (vi) Whether penalty under Section 73 was payable.
Issue (i): Whether the appellant bore the burden to prove eligibility for input tax credit and the applicability of any exception to blocked credit.
Analysis: Section 16(1) permits credit for supplies used in the course or furtherance of business, subject to statutory restrictions. Section 155 places the burden of proving eligibility on the claimant. Where a supply prima facie falls within a blocked-credit category, contemporaneous evidence must establish the factual conditions of the claimed statutory exception; invoices, payment entries, or unsupported assertions do not suffice.
Conclusion: Against the assessee: the burden to establish eligibility and any claimed exception to blocked credit lay on the appellant.
Issue (ii): Whether a non-specific invocation of Section 17(5) could sustain disallowance of input tax credit.
Analysis: The exclusions under Section 17(5) apply to distinct categories and involve different statutory tests. The provision cannot operate as a general residuary ground for disallowing an expenditure perceived as unnecessary for business; the applicable clause must be identified for the relevant inward supply.
Conclusion: In favour of the assessee: a bare and unspecified invocation of Section 17(5) cannot, by itself, sustain disallowance.
Issue (iii): Whether the disputed classes of inward supplies qualified for input tax credit.
Analysis: The appellant failed to produce vehicle-wise records, consumption registers, service documents, asset records, capitalisation material, business-travel evidence, or other contemporaneous records establishing an invoice-to-asset nexus and Business Nexus. The exception for transportation of goods in the pre-amendment motor-vehicle provision was not established. Renovation and construction claims lacked evidence to show non-capitalisation or that the relevant asset qualified as plant and machinery under the retrospectively amended provision. Gifts of sarees and clothes, food and catering expenditure, and personal travel or hotel expenditure were covered by express blocked-credit restrictions or lacked proof of business use.
Conclusion: Against the assessee: the disputed input tax credit was inadmissible and its disallowance was sustained.
Issue (iv): Whether lawfully leviable cess formed part of the taxable value of supply.
Analysis: Section 15(2)(a) requires the Transaction Value to include taxes, duties, cesses, fees, and charges levied under another law where charged separately by the supplier. GST is levied on the underlying taxable supply after statutory determination of its value; inclusion of a lawfully leviable cess does not constitute an impermissible tax on cess.
Conclusion: Against the assessee: a cess that is lawfully leviable and satisfies Section 15(2)(a) forms part of the taxable value.
Issue (v): Whether interest on inadmissible input tax credit was payable only where the credit was availed and utilised.
Analysis: Section 50(3), read with Rule 88B(3), confines interest to the period and extent of Wrongful Availment and Utilisation of inadmissible credit. Mere wrongful availment without utilisation does not attract such interest.
Conclusion: In favour of the assessee: interest is payable only to the extent and for the period of wrongful availment and utilisation, to be determined under the applicable statutory mechanism.
Issue (vi): Whether penalty under Section 73 was payable.
Analysis: Penalty is not automatic merely because a tax demand arises, and the statutory distinctions concerning bona fide, technical, and fraudulent contraventions remain material. On the sustained findings that the appellant did not establish entitlement to the disputed credit, the statutory penalty applicable to the violation under Section 73 follows the tax legally sustained and requires recomputation where necessary.
Conclusion: Against the assessee: penalty under Section 73 applies on the tax amount legally sustained, subject to recomputation.
Final Conclusion: The tax liability founded on the disallowed input tax credit and the cess valuation treatment remains enforceable, with interest confined to utilised inadmissible credit and penalty aligned to the tax legally sustained.
Ratio Decidendi: A claimant of input tax credit must establish through contemporaneous evidence the factual basis of eligibility or of a statutory exception to blocked credit; unsubstantiated assertions of business use do not discharge that burden.