Guidelines
regarding circumstances in which Input Tax Credit has to be blocked/unblocked
from Electronic credit
ledger.
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On the subject
captioned above, it is intimated that GSTN has recently released API for
application of the functionality for blocking and unblocking of
Input Tax Credit by the statutory authorities on the GST common portal. The
system Integrator of the Department has developed the necessary backend
application for blocking and unblocking Input Tax Credit for the Electronic credit ledger taxpayers.
The application has already been launched State wide.
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The functionality
of blocking and unblocking Input Tax Credit is an important tool for
safeguarding the Government revenue particularly in cases of
fraudulent activities by the taxpayers. So the jurisdictional officers are hereby
directed to use this functionality for blocking/unblocking Input Tax Credit
under the following situations:-
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i) Full amount of credit available in the
Electronic Credit Ledger of the taxpayer should be blocked instantly in cases where the
registered taxpayers are found to be bogus/fake as a result of any investigation or
intelligence. Such taxpayers are not entitled for the credit on the grounds
that no supply has been made and
the proper tax has also not been deposited in respect of the claimed credit.
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ii) Full amount of
credit should also be blocked in cases where the firms have been found
non-functional. Such taxpayers are
also not entitled for the credit as no supply has been received for the
reason that the firms are non-functional.
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iii) Credit should
also be blocked in respect of those registered taxpayers who have claimed transitional
credit through TRAN-1/TRAN-II in excess of their lawful entitlement. The
credit should be blocked only to
the extent of excess credit claimed by the taxpayers over and above their
entitlement as per GST law.
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iv) The registered
taxpayers are not entitled for credit availed of by them accruing from
receipt of supplies which have not been used in the course of business or
furtherance of the business. If in pursuance of examination of returns, such
cases are detected, the credit should be blocked. The credit in
these cases shall be blocked only to the extent of amount of inadmissible
credit.
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v) The registered taxpayers are not entitled
for credit availed of by them accruing from receipt of supplies where the
credit is not admissible in accordance with Section 17(5) of the GST law.
If in pursuance of examination of returns or otherwise, such cases are detected, the
credit should be blocked. The credit in these cases shall be blocked only to
the extent of amount of inadmissible credit.
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vi) The Credit
should be blocked in all such cases where the taxpayers are not entitled for
the credit in accordance with
various provisions of the law i.e. if the tax on supplies has not been paid
by the supplier, or the recipient is
not in possession of the tax invoice, or the supply is outdated, or the
supplier is composition
taxpayer etc. The credit in these cases shall be blocked only to the extent
of amount of inadmissible credit.
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Information of GST Act and Rules, GST latest news, GST useful procedure and general matters.
Friday, 2 November 2018
INPUT TAX CREDIT BLOCKED/UNBLOCKED
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