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AI Drafter

Generate professional replies to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.

Step 1 – Issue Identification & Review

The AI analyses your query, notice, order, or uploaded documents and identifies the key issues involved.

• Review the issues identified by the AI
• Add, edit, remove, or refine issues as required


Step 2 – Draft Generation

Once you approve the issues, the AI performs issue-wise legal research and prepares a structured draft response.

• Relevant statutory provisions
• Judicial precedents and Supreme Court, High Court and other citations
• Issue-wise legal analysis
• Practical arguments and supporting content
• Professionally structured draft ready for further review.

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Commission and Shipping charges on exempted goods

Satya Sharma

I need to know if ITC can be claimed on commission and shipping charged on supply of exempted goods. To be specific, Amazon is online selling our exempted goods and charging their commission and shipping fee being delivered to all over India, can we claim GST charged on commission and shipping fee provided we have monthly invoice from Amazon for Commission and Shipping Fee.

Input Tax Credit on commission and shipping allowed only if GST relates to taxable supplies and used for taxable activities. ITC on GST paid for marketplace commission and shipping is claimable only if the GST relates to a taxable supply and the credit is utilised for taxable business activities; if the supplier's outward supplies are exclusively exempt, ITC for those input services is not available. (AI Summary)
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KASTURI SETHI on Jan 18, 2019

You have Tax Invoice from Amazon. You can claim ITC on account of GST paid on the amount of commission paid for the supply of exempted goods but with the condition that the same is to be utilized for taxable supply of service or goods. Are you registered for taxable supply of goods or services also ?

Rajagopalan Ranganathan on Jan 18, 2019

Sir,

In my view if all your supplies are exempted from GST you cannot ab initio avail ITC of tax paid on inputs/input service. Moreover gst paid on commission and shipping fee is in respect of exclusively exempted goods you cannot avail ITC.

Ganeshan Kalyani on Jan 18, 2019

Input Tax Credit (ITC) is allowed only when the final outward supply is taxable under GST. In your query, as you say, the final product is exempted, the ITC is not eligible.

KASTURI SETHI on Jan 19, 2019

There are two activities involved :-

1. Supply of exempted goods

2. Receipt of taxable supply of service through Amazon and GST paid on the amount of commission.

There are two basic conditions for availment of ITC and these are:-

(i) Tax must be paid on taxable supply of goods or service.

(ii) Tax must be utilized in the course or furtherance of business (Taxable).

If you fulfill both conditions you can avail ITC otherwise not.

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