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ITC of GST on purchase of Mahua/Rice Bran Oil cake used in manufacture of solvent extracted oil

Case Law Details

TaxGuru Citation
2018 taxguru.in 2578
Case Name
In re Indo Prosoya Foods Pvt. Ltd. (GST AAR Uttar Pradesh)
Date of Judgement/Order
Only available for paid members
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In re Indo Prosoya Foods Pvt. Ltd. (GST AAR Uttar Pradesh)

a) Whether Mahua De-oiled cake/ De-oiled Rice Bran being used as an ingredient of Cattle Feed, Poultry Feed and other animal feeds and is ‘Waste generated’ during the Solvent Extraction process?

Ans. – Mahua De-oiled cake/ De-oiled Rice Bran is a by-product occurred during the Solvent Extraction process, which is used as an ingredient of Cattle Feed, Poultry Feed and other animal feeds.

b) Whether the applicant is eligible to get entire tax input credit of GST paid on purchase of Mahua Oil Cake/Rice Bran Oil cake used in the manufacture of solvent extracted oil?

Ans. – The Input credit of GST paid on purchase of Mahua Oil Cake/Rice Bran Oil cake used in the manufacture of solvent extracted oil is partially allowed as per process/formula prescribed in the Chapter V (INPUT TAX CREDIT) of GST Rule,2017, because, the applicant manufacturing both taxable and exempted goods by using raw materials viz. Mahua De-oiled cake and De-oiled Rice Bran. Further, if common inputs are used for both taxable and exempted supplies, the applicant is required to reverse the credit proportional to the amount of credit pertaining to the exempted supplies immediately.

Also Read AAAR Order – ITC available on de-oiled mahua cake & not on de-oiled rice bran cake

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