Case Law Details
In re Geekay Wires Limited (GST AAR Telangana)
The GST AAR Telangana has recently addressed key questions raised by M/s. Geekay Wires Limited regarding the eligibility of input tax credit (ITC) in situations involving destroyed raw materials and finished goods. This ruling sheds light on the ITC reversal rules and their application in such scenarios.
Background: M/s. Geekay Wires Limited is engaged in the manufacturing of steel nails and related products. Their manufacturing process involves the use of various raw materials, including steel wire rods, polypropylene, copper wire, paper tape, and packing materials. In December 2022, a fire incident in their factory resulted in the destruction of significant quantities of finished goods.
Key Questions Raised: The applicant sought clarification on ITC eligibility under the following circumstances:
i. When raw materials purchased have already been used in the manufacture of finished goods, and these finished goods are completely destroyed in a fire accident.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
In all the cases, ITC is required to be reversed, as per Advance Ruling. There were CESTAT judgements, wherein it was held that once the inputs are used in the process and finished goods were destroyed thereafter, there is no need for reversal of CENVAT credit.
The advance ruling is contradictory to CESTAT judgements. Better not to opt for advance rulings.