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List of Ineligible Items on which ITC is not allowed under GST Laws – Updated as on 8th September, 2020

For a taxpayer, it is essential to determine whether the tax paid on the inward supplies is eligible as Input Tax Credit (ITC) or shall fall within the ambit of ineligible ITC. Section 17(5) of CGST Act 2017 provides for cases wherein a taxpayer would not be entitled to claim ITC unless it falls within the exceptions as provided.

In this relevance, list of Goods & Services falling within the ambit of Blocked Credit as per Sec. 17(5) of CGST Act 2017 has been chalked out mapping the same with applicable HSN / SAC tariff heading below:

Sl.

No.

Category of goods & services  HSN / SAC Exceptions where ITC is allowed
1 Motor Vehicles & Other Conveyances 87
  • Further supply of such vehicles or conveyances; or
  • Transportation of passengers; or
  • Providing training on driving, navigating such vehicles; or
  • Conveyances for transportation of goods; or
  • Motor vehicles for transportation of persons having an approved capacity of more than thirteen persons including driver when they are used for business purposes;
  • Buses for pick and drop of employees (if approved capacity is more than 13 persons including driver) – part of above.
2 Insurance, repairs and maintenance for motor vehicles and conveyance not allowed 997134,

998714,

  • Only allowed under this head if ITC on vehicles are allowed;
  • If the ITC on any type of vehicle is not allowed, then the cost of insurance, repairs and maintenance for such vehicles is also not allowed.
3 Food &     Beverages,    Outdoor      Catering,        Beauty Treatment, Health Services Cosmetic, Plastic Surgery 99633

99972

99931, 99932, 99933,

99934, 99935

  • Except where an inward supply of goods or services or both of a particular category is consumed by a registered person for making an outward taxable supply of the same category of goods or services or both or as an element of a taxable composite or mixed supply
  • ITC is available in respect of food and beverages or health services where the provision of such goods or services is obligatory for an employer to provide to employees under any law for time being in force.
4 Membership of a Club, Health and Fitness Centre 99972
5 Rent-a-cab, Life Insurance & Health Insurance 996601

997132, 997133

997141, 997142

The Government notifies the services which are mandatory for an employer to provide to its employees under any law for the time being in force; or
Such inward supply of goods or services of a particular category is used for making an outward taxable supply of the same Category of goods or services or as part of a taxable composite or mixed supply.
6 Travel benefits extended to employees on vacation NA   –
7 Travel benefits on home travel concession (LTA) NA   –
8 Works contract services when supplied for construction of an immovable property 9954 Except where it is an input service for further supply of works contract service and plant and machinery
9 Goods or services received by a taxable person for construction of an immovable property 9954 Except goods or services received on his own account including when such goods or services or both are used in the course or furtherance of business and plant and machinery
10 Goods or services on which tax has been paid under section 10 (Composition Scheme) NA   –
11 Goods or services or both received by a non-resident taxable person NA Except on goods imported by him
12 Goods or services or both used for personal consumption NA   –
13 Goods lost, written off, destroyed or damaged or stolen NA   –
14 Goods disposed of by way of gift or free samples NA Gifts to employees is exempted from GST upto a value of Rs 50,000 per employee – Schedule I of CGST Act, 2017 (Refer Sec 7)
15 Any tax paid in U/Sec 74, 129 and 130. (i.e. in fraud, misstatement, etc.) NA   –

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Disclaimer: The content of this document is for general information purpose only. TaxMarvel shall not accept any liability for any decision taken based on the advice. You should carefully study the situation before taking any decision.

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Rohit is an Enterpreneur and has founded a boutique consulting firm - TaxMarvel Consulting Services LLP. View Full Profile

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6 Comments

  1. ABHISHEK SHAW says:

    Hello Sir,
    I am constructing warehouse building at total cost of Rs. 9.50 Crores, out of this i have paid GST of Rs. 1.5 Crores. I will used this warehouse factory for renting to another company at yearly rent of Rs. 1 cores, plus GST of Rs. 18 lacs .
    Now my concern is, weather am i eligible to claim the Input Tax credit of Gst paid Rs. 1.5 crores against my output tax laibility, or Rs. 1.5 crores is blocked credit u/s 17(5) of CGST Act,2017 ?

  2. Suresh Kumar Khurana says:

    Dear Sir,

    We have DG sets for supply of standby power to the flats in our condominium .These are run in case of grid power failure.

    As per directions of CAQM in Delhi NCR region during winters we are being asked to carry out DG sets retrofit to
    -burn a mix of Gas and Diesel instead of HS Diesel
    -install an Emission reduction device at the exhaust of DG sets below 800 KW .

    Please advise if input tax credit is available to RWA on such retrofits
    Best regards
    Suresh Kumar Khurana

    1. Rohit says:

      ITC is eligible on DG Sets if same is used as Plant and Machinery. Also capitalize the same in books of accounts. Rule 42 – Reversal of Common ITC for exempt supply shall also be applicable

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