Reversal under Rule 42

[Rajesh Kumar]

Sir/madam

if a supplier of FMCG products most of which are taxable except some goods like unbranded rice sells his goods. Should he reverse the ITC in respect of sell against exempted supply? Or he can say that as the purchase of said exempted goods is itself without ITC, accordingly he sells without passing ITC . So there is no involvement of ITC therefore no reversal required.

[Ganeshan Kalyani]

Sir, if the purchases against exempt supply is identifiable in books separately by way of division or department which is clear to auditor that it is not a common credit then you can state that proportionate reversal is not required. Otherwise one will assume that input tax credit is commonly used in taxable and exempt supply both and hence rule 42 is applicable.

[Shilpi Jain]

There could be certain other common expenses like rent, consultant fees, etc.which will be common to both the taxable and exempt sales. Credit reversal in respect of this common credit will have to be done.

[KASTURI SETHI]

I agree with both experts.

[CAHemanth Kumar]

Specific ITC pertaining to exempt supplies - may be like packing covers etc will be completely ineligible. (if procurement made separately for exempt otherwise entire purchases of such packing materials, billing stickers etc will be considered as common credit).

Common ITC on expenses like rents, Audit fee, telephone, internet etc we need to do proportionate reversal.

AI Summary

FMCG Supplier Queries ITC Reversal under GST for Exempt Supplies; Experts Discuss Proportionate Reversal and Common Expenses A supplier of FMCG products, primarily taxable except for some exempt items like unbranded rice, inquires about the reversal of Input Tax Credit (ITC) under GST for exempt supplies. One expert suggests that if purchases for exempt supplies are clearly identifiable, proportionate reversal is not needed. Another expert notes that common expenses, such as rent and consultancy fees, require credit reversal. A third expert concurs with the previous opinions. The final expert emphasizes that specific ITC for exempt supplies, like packaging, is ineligible unless procured separately; common ITC requires proportionate reversal.