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Issue ID: 115171
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ITC REVERSAL ON CAPITAL GOODS

Date 10 Jul 2019
Replies 8 Replies
Views 2177 Views
Asked by
Input tax credit reversal not required when capital goods are sold as a taxable supply and GST is paid.
When capital goods used in business are sold as a taxable outward supply and GST is charged and paid on that sale, reversal of input tax credit is not required; reversal is required only where capital goods are diverted to personal use or used for exempt supplies. (AI Summary)

A taxable person has paid tax whilst procuring capital goods and has claimed ITC thereon. It sells out its capital goods by duly charging GST applicable on the sale (and deposits). Is it still liable of ITC reversal. Please explain.

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Replied on Jul 10, 2019
1.

In my view, yes.

Like 0
Replied on Jul 10, 2019
2.

thanks for response.

Like 0
Replied on Jul 10, 2019
3.

Why is reversal of ITC required? If it was used for business and is in respect of taxable supplies no reversal would be required.

Like 0
Replied on Jul 10, 2019
4.

Input credit reversal arises when Capital Goods used for Personal Use or for Exempted Sales.

in your case not required to reversal.

Like 0
Replied on Jul 11, 2019
5.

When GST has been paid at the time of supply/removal of capital goods at transaction value, no reversal is required.

Like 0
Replied on Jul 11, 2019
6.

Levy of double jeopardy or taxation on the same transaction/crime, even is not allowed in our Constitution. The Constitution of India is the supreme law of our country. Therefore, in our view also if GST is paid then reversal is not required on the supply of capital goods.

Like 0
Replied on Jul 11, 2019
7.

Thanks for enlightening

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Replied on Jul 15, 2019
8.

Yes when tax is paid on outward supply then reversal of input tax credit is not warranted.

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