Ineligible Input Tax Credit: A Comprehensive Overview

Key Instances of Ineligible Input Tax Credit Under GST

Decoding Ineligible Input Tax Credit Under GST

An in-depth analysis of situations and exceptions where Input Tax Credit (ITC) under GST is not claimable, featuring practical examples.

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Created: 11th July, 2025 1:45 AM, last update:11th July, 2025 1:45 AM


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Decoding Ineligible Input Tax Credit Under GST

In the framework of Goods and Services Tax (GST), the Input Tax Credit (ITC) system plays a pivotal role, enabling taxpayers to reclaim credit for taxes paid on their purchases. Nevertheless, there are particular circumstances where this advantage is not accessible. This article seeks to clarify these situations, shedding light on when and why ITC cannot be claimed.

Recent Updates in ITC Regulations

October 3, 2024
A landmark ruling from the Supreme Court has confirmed that GST input tax credit can be claimed on construction costs associated with rental services. The Court stated that if a building's construction is vital for providing services such as leasing or renting, it may qualify under the ‘plant’ exception in Section 17(5)(d) of the CGST Act. This section generally prohibits ITC claims on construction materials used for immovable property, with exceptions for plant and machinery.

Motor Vehicles and Their ITC Eligibility

Under GST, the ability to claim ITC on motor vehicles is limited. Specifically, ITC is not available for vehicles designed to carry 13 or fewer individuals, including the driver. However, if the vehicle's capacity exceeds 13, ITC can be claimed. Furthermore, claims for vessels and aircraft are also excluded from ITC.

ITC can be claimed in specific situations:

  1. Sale of Vehicles or Conveyances
    If the business involves selling vehicles, ITC can be claimed.
    Example: A car dealership purchasing a vehicle for Rs.50 lakh plus Rs.14 lakh GST can claim ITC and pay only the net GST on the sale.

  2. Passenger Transportation
    For businesses engaged in transporting passengers, ITC is permitted.
    Example: A transport service acquiring a bus for passenger service can claim ITC on the GST paid.

  3. Driver Training Services
    Driving schools that purchase vehicles for training purposes are eligible for ITC.
    Example: A driving academy buying a car for lessons can claim ITC on the GST.

  4. Goods Transportation
    ITC is allowed for motor vehicles used for transporting goods, with exceptions for goods transport agencies (GTA).
    Example: A logistics company purchasing a vessel for cargo transport can claim ITC on the GST.

Restrictions on ITC for Services and Maintenance

General Insurance and Maintenance Services

ITC cannot be claimed on services related to general insurance, servicing, repair, and maintenance of motor vehicles, vessels, or aircraft.

Exceptions for Taxable Persons

However, ITC is available for those involved in:

  • Manufacturing such vehicles, vessels, or aircraft.
  • Providing general insurance services for these assets.

Food, Beverages, and Memberships

ITC is not applicable for the following goods and services:

  • Food and beverages
  • Outdoor catering services
  • Cosmetic procedures
  • Health services
  • Membership fees for clubs or fitness centers

Nonetheless, ITC can be claimed if the supply categories of input and output are the same or fall under mixed or composite supplies.
Example: A company organizing an office party cannot claim ITC on the catering costs incurred.

Club and Fitness Membership Fees

No ITC is permitted for fees related to gym or club memberships.
Example: If a company pays a club membership for its executive, no ITC claim can be made.

Rent-a-Cab and Insurance Services

ITC is not available for rent-a-cab services, health insurance, or life insurance premiums. However, if the government mandates certain services, such as transportation for female employees during night shifts, ITC may be claimed.
Example: ABC Ltd. hires a rent-a-cab to fulfill this requirement and can claim related ITC.

Conclusion

Grasping the intricacies of eligible and ineligible ITC under GST is essential for compliance and optimizing tax liabilities. Taxpayers must navigate these regulations meticulously to ensure they are availing the benefits appropriately while adhering to the law. For further insights on tax regulations, check our guide on MSME Registration Process in India and Resignation of a Director to understand the broader implications of compliance.

Frequently Asked Questions

What is Input Tax Credit (ITC) under GST?

Input Tax Credit (ITC) is a key feature of the Goods and Services Tax (GST) system that allows taxpayers to recover the GST paid on purchases made for their business. This mechanism helps avoid the cascading effect of taxes, ensuring that tax is paid only on the value added at each stage of production or service delivery. Essentially, businesses can claim credit for the tax they’ve paid on inputs, which they can then offset against their output tax liability when they make sales. However, it’s essential to understand the rules and regulations surrounding ITC, particularly the scenarios where it cannot be claimed.

What are common scenarios where ITC cannot be claimed?

There are several scenarios where ITC is ineligible under GST. For instance, you cannot claim ITC on goods or services like food and beverages, outdoor catering, cosmetic procedures, and health services. Membership fees for gyms or clubs are also not eligible. Additionally, ITC cannot be claimed on the general insurance or maintenance of vehicles, vessels, or aircraft, unless you are in the business of manufacturing or providing these services. Understanding these restrictions is crucial to ensure compliance and avoid unnecessary tax liabilities.

Are there any exceptions for claiming ITC on motor vehicles?

Yes, while ITC on motor vehicles designed to carry 13 or fewer individuals is generally restricted, there are exceptions. If your business involves selling vehicles, transporting passengers, or providing driver training services, you can claim ITC on related purchases. For example, a car dealership purchasing stock can reclaim the ITC. Similarly, a transport company acquiring buses for passenger service is eligible for ITC. However, the rules are specific, so it's vital to ensure your business activities align with these exceptions.

Can ITC be claimed on construction costs for rental services?

Yes, there has been a recent Supreme Court ruling confirming that ITC can be claimed on construction costs for buildings used for rental services. This applies particularly if the construction is essential for providing services like leasing or renting, qualifying under the 'plant' exception in Section 17(5)(d) of the CGST Act. This ruling is significant as it allows businesses engaged in rental activities to reclaim ITC, which was previously restricted for immovable property construction, making it crucial for compliance and tax planning.

What about ITC for catering services during office events?

ITC cannot be claimed on catering services for office events, such as parties or celebrations. This includes costs associated with food and beverages provided to employees or guests. The rationale here is that these expenses are considered personal in nature rather than business-related. If you’re organizing an office party, for example, your company cannot recover the GST charged on catering costs. It’s essential to be aware of these nuances to ensure proper tax compliance and avoid any issues during audits.

Is it possible to claim ITC for health insurance premiums?

Generally, ITC is not available for health insurance premiums. However, there are exceptions when certain services are mandated by the government, such as providing transport for female employees during night shifts. If a company hires rent-a-cab services specifically for this purpose, they can claim ITC on the related expenses. It’s important to keep track of the specific conditions under which ITC can be claimed, as these can significantly impact a business’s overall tax strategy.

What should businesses do to ensure compliance with ITC regulations?

To ensure compliance with ITC regulations, businesses should maintain accurate records of all purchases and related invoices. Regular training and updates on GST regulations are vital, especially since rules can change. It’s also helpful to consult with a tax professional who can provide guidance tailored to your business needs. Understanding the specifics of what can and cannot be claimed is crucial to avoid penalties. Additionally, regularly reviewing business expenses against ITC eligibility criteria can help optimize tax liabilities effectively.

How does ITC impact a business's tax liabilities?

Claiming ITC can significantly reduce a business's tax liabilities by allowing them to offset the GST paid on inputs against their output tax. This means that businesses effectively only pay tax on their value addition, rather than on the entire sale price of goods or services. However, if a business incorrectly claims ITC or fails to comply with regulations, it could face penalties or additional tax liabilities. Therefore, understanding the nuances of ITC is essential for financial planning and maintaining a healthy cash flow.

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