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Issue ID : 116025
- 0 -

GST implications on goods damaged in fire

Date 16 Feb 2020
Replies3 Answers
Views 18921 Views

XYZ is a manufacturer and is registered with GST. Fire broke out ay his manufacturing unit and the

1) Raw Material,

2) Semi – finished Goods and

3) Finished goods got damaged in the fire. These goods now they want to destroy being unusable. What is the action to be taken against each item as per GST provisions?

3 answers
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Old Query - New Comments are closed.

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- 0
Replied on Feb 17, 2020
1.

Section 17(5) Notwithstanding anything contained in sub-section (1) of section 16 and sub-section (1) of section 18, input tax credit shall not be available in respect of the following namely:-

(a)....

to (g)...

(h) goods lost, stolen, destroyed, written off or disposed of by way of gift or free samples;

so you have to reverse credit availed on such goods.

However claim received from insurance company is actionable claim and actionable claim is neither supply of goods nor supply of service as per Sch III of CGST Act 2017

- 0
Replied on Feb 18, 2020
2.

Intimation should be given to the department and permission to destroy unusable material/goods should be got from the jurisdictional Deputy Commissioner (in-charge GST Division).

- 0
Replied on Feb 23, 2020
3.

GST UPDATE ON REVERSAL OF ITC IN CASE OF GOODS LOST BY FIRE. The bare analysis of above section makes it clear that this section has overriding effect and it states that the ITC shall not be available in respect of goods lost, stolen, destroyed or written off.

Old Query - New Comments are closed.

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