A Thorough Examination of Ineligible Input Tax Credit (ITC) Under GST

Key Instances of Ineligible ITC Claims Under GST

Understanding Ineligible Input Tax Credit under GST

An in-depth examination of instances where Input Tax Credit cannot be claimed under GST regulations, featuring examples and clarifications.

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Created: 11th July, 2025 1:51 AM, last update:11th July, 2025 1:51 AM


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A Comprehensive Overview of Ineligible Input Tax Credit (ITC) Under GST

The Goods and Services Tax (GST) framework in India permits businesses to claim Input Tax Credit (ITC) on eligible purchases. However, specific scenarios exist under GST law where ITC cannot be claimed by taxpayers. This article aims to elucidate these instances, providing examples and insights for improved compliance.

Recent Developments Regarding ITC Claims

On October 3, 2024, the Supreme Court determined that construction services related to rental properties may qualify for ITC. The court stated that if the construction of a building is essential for providing leasing or renting services, it could be classified under the 'plant' exception of Section 17(5)(d) of the CGST Act, which generally prohibits ITC claims on construction materials used for immovable property, except for plant and machinery.

Understanding Motor Vehicles and Conveyances

Under GST regulations, ITC is not allowed for motor vehicles designed to transport up to 13 persons, including the driver. However, if the seating capacity exceeds 13, ITC can be claimed. The same rule applies to vessels and aircraft, where ITC is generally not available.

Exceptions for ITC on Vehicles and Aircraft

ITC can be claimed under the following conditions:

  1. Sale of Vehicles or Aircraft: Car dealers purchasing vehicles for resale can claim ITC on the GST paid.
  2. Passenger Transportation: Companies providing transportation services, such as inter-city buses, can claim ITC on their vehicle purchases.
  3. Driver Training: Driving schools are eligible for ITC on vehicles used for training purposes.
  4. Goods Transportation: Companies acquiring vessels for transporting goods can also claim ITC.

Restrictions on ITC Claims for Motor Vehicles, Vessels, and Aircraft

Taxpayers cannot claim ITC on services related to the general insurance, repair, and maintenance of these vehicles unless they are manufacturers or insurance providers.

Limitations on Food, Beverages, and Club Memberships

Input Tax Credit is not available on the supply of certain goods and services, including:

  • Food and beverages
  • Outdoor catering services
  • Beauty and personal care treatments
  • Health services
  • Membership fees for gyms or clubs

However, ITC may be permissible in cases where the supply is part of a mixed or composite supply under GST regulations. For more insights on compliance, refer to our guide on MSME Registration Process in India.

Practical Examples

  • Ajay Enterprises cannot claim ITC on food and beverages served during corporate events.
  • Gym membership fees are also not eligible for ITC claims.

Rent-a-Cab, Life Insurance, and Health Insurance: The ITC Perspective

ITC cannot be claimed on rent-a-cab services, health insurance, or life insurance policies. However, exceptions exist if such services are mandated by the government for employee welfare, such as cab services for female employees during night shifts. In this case, the hiring company can claim ITC on the service.

For comprehensive guidance on registering a company, consider our article on Comprehensive Guide to Registering a Private Limited Company in India.

Conclusion

Understanding the nuances of ineligible ITC claims under GST is crucial for compliance and tax planning. Taxpayers must remain updated on the latest rulings and guidelines to navigate these complex regulations effectively. For further assistance with legal compliance, explore our CompaniesInn - AI-Powered Legal & Business Services.

Frequently Asked Questions

What is Input Tax Credit (ITC) under GST?

Input Tax Credit (ITC) is a mechanism under the Goods and Services Tax (GST) framework in India that allows businesses to reduce their tax liability by claiming credit for the GST paid on eligible purchases. Essentially, if a business purchases goods or services for its operations and pays GST on those purchases, it can offset that amount against the GST it collects from its customers when selling goods or services. This helps avoid the cascading effect of taxes and promotes seamless credit flow in the economy.

What scenarios make ITC ineligible under GST?

Certain scenarios make ITC ineligible under GST, including purchases related to motor vehicles designed to transport up to 13 persons, food and beverages, outdoor catering services, and various insurance policies unless specific conditions are met. For instance, if a business incurs expenses on food served during corporate events or club memberships, it typically cannot claim ITC. Understanding these restrictions is vital for businesses to ensure compliance and avoid penalties.

Can I claim ITC on construction services for rental properties?

Yes, recent developments indicate that construction services related to rental properties may qualify for ITC. On October 3, 2024, the Supreme Court ruled that if the construction of a building is essential for providing leasing or renting services, it may fall under the 'plant' exception of Section 17(5)(d) of the CGST Act, allowing for ITC claims. This is a significant change, and businesses involved in such activities should consider this ruling when filing ITC claims.

Are there exceptions for claiming ITC on motor vehicles?

Yes, there are specific exceptions where ITC can be claimed on motor vehicles. For example, car dealers who purchase vehicles for resale, companies providing passenger transportation services, driving schools using vehicles for training, and businesses that acquire vessels for transporting goods can claim ITC. However, ITC is generally not available for vehicles designed to transport up to 13 people or for related insurance and maintenance services unless the taxpayer falls into one of these exceptions.

What about ITC claims for food and beverages consumed during business events?

Generally, businesses cannot claim ITC on food and beverages served during corporate events. This is categorized as an ineligible expense under GST. However, if these supplies are part of a mixed or composite supply where ITC is permissible, it may be allowed. It's essential for businesses to keep track of these expenses and ensure they are compliant with the regulations to avoid issues with their tax filings.

Can I claim ITC on health insurance and life insurance premiums?

Under typical circumstances, ITC cannot be claimed on health insurance and life insurance premiums. However, an exception exists if such insurance is mandated by the government for employee welfare, such as providing cab services for female employees during night shifts. In such cases, the hiring company may claim ITC on the relevant services. It's crucial to review the specific context of the services to determine eligibility.

How can I ensure compliance with ITC regulations?

To ensure compliance with ITC regulations under GST, businesses should maintain accurate records of all eligible purchases and expenses, regularly review updates or changes in GST law, and consult with tax professionals for guidance. It's also advisable to conduct periodic audits of tax filings to identify any discrepancies or ineligible claims. Staying informed about recent court rulings and interpretations, like the recent Supreme Court decision regarding rental property construction, is also essential for compliance.

What should I do if I mistakenly claimed ineligible ITC?

If you have mistakenly claimed ineligible ITC, it's important to correct the error as soon as possible. You can do this by reversing the ITC in your GST return for the relevant period. It's advisable to consult with a tax professional to ensure that all necessary adjustments are made correctly and to minimize potential penalties or interest charges. Additionally, keeping detailed records of your adjustments can help in case of any future audits or inquiries.

Where can I find more information about GST compliance?

For more information about GST compliance and related topics, you can refer to various resources, including government websites and tax consultancy firms. Additionally, articles and guides, such as those on MSME registration and company registration processes, can provide further insights into compliance requirements. Websites like CompaniesInn offer AI-powered legal and business services that can assist you in navigating the complexities of GST and other regulatory frameworks.

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