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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.

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

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Issue ID :

ITC claim on preservative used in taxable and exempted goods

S.C. WADHWA

Dear Expert,

We are using preservatives for manufacturing food items in taxable as well as exempted goods. Please suggest formula to claim ITC on purchase/consumption of preservative.

REGARDS,

WADHWA

Input tax credit apportionment: pro rata allocation or invoice-level identification determines eligible credit; reversal required for exempt use. Input Tax Credit on preservatives used for both taxable and exempt goods must be separated: if preservative use for exempt supplies is identifiable at invoice level that portion must be reversed; otherwise apportion ITC using the ratio of taxable turnover to combined taxable and exempt turnover and reverse the balance attributable to exempt use, with the reversal disclosed in the periodic returns. (AI Summary)
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Amit Agrawal on Nov 29, 2022

Kindly refer to Section 17 (2) & 17 (3) of the CGST Act, 2017 read with Rule 42 & 43 of the CGST Rules, 2017.

Ganeshan Kalyani on Dec 1, 2022

Taxable supply turnover / Sum of taxable and exempt supply turnover X ITC on preservative used commonly = eligible ITC.

Balance ITC pertains to exempt supply which you should in 3B.

Shilpi Jain on Dec 11, 2022

In case you are able to identify at invoice level the quantum of preservative used for taxable and exempt, to the extent of the preservative used in exempt alone the reversal of credit need to be done. refer rule 42(1)(m).

Shilpi Jain on Dec 11, 2022

Thus it is not necessary that in all cases the expenses have to be considered as common ITC and hence reversal need not always be done on the basis of turnover.

This proposition you can test in your specific facts and see what is beneficial and apply accordingly.

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