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Shashank Gupta is an independent GST consultant having around 5 years of experience in compliance and litigation in the field of Indirect Taxes. He has also authored book on GST for practicing chartered accountants, advocated and other GST professionals. He is a speaker on various issues in GST. He regularly writes articles on GST.

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Input tax credit apportionment for capital goods: apportioned over statutory life with adjustments for exempt and non business use.
Rule 43 prescribes apportionment of input tax credit for capital goods by reference to use: credit is available to the extent of taxable or zero rated use and disallowed for exempt or non business use, with assets treated as having a five year useful life and allocation expressed as periodic reductions (5% per quarter or 1/60th per month). The rule creates a common credit pool for commonly used capital goods, requires proportionate addition to output tax liability for exempt use (with interest under the rule), and contains drafting inconsistencies and silences-notably on non business use and whether reductions should be quarterly or monthly-which must be resolved by reference to section 17 and related rules. (AI Summary)
Author
Date 14 Dec 2018
Shashank Gupta
Organization
Organization

Parthasarthi's Tax Chambers

Connected
Connected

November 2018