Ducket Pvt. Ltd. is a registered manufacturer of auto parts in Kolkata, West Bengal. The company has a manufacturing facility registered under…

CA Final · Indirect Tax Laws · MTP · September 2025
Ducket Pvt. Ltd. is a registered manufacturer of auto parts in Kolkata, West Bengal. The company has a manufacturing facility registered under Factories Act, 1948 in Kolkata. It procures its inputs indigenously from both registered and unregistered suppliers located within as well as outside West Bengal as also imports some raw material from China. The company reports the following details for a tax period: Payments (₹) (in lakh) Receipts (₹) (in lakh) Raw material 3.5 Sales 15 Consumables 1.25 Transportation charges for bringing the raw material to factory 0.70 Salary paid to employees on rolls 5.0 Premium paid on life insurance policies taken for specified employees 1.60 Audit fee 0.50 Telephone expenses 0.30 Bank charges 0.10 All the above amounts are exclusive of all kinds of taxes, wherever applicable. However, the applicable taxes have also been paid by the company. Further, following additional details are furnished by the company in respect of the payments and receipts reported by it: (i) Raw material amounting to 0.80 lakh is procured from Bihar and - 1.5 lakh is imported from China. Basic customs duty of 0.15 lakh, social welfare surcharge of 0.015 lakh and integrated tax of 0.2997 lakh are paid on the imported raw material. Remaining raw material is procured from suppliers located in West Bengal. Out of such raw material, raw material worth - 0.30 lakh is procured from unregistered suppliers; the remaining raw material is procured from registered suppliers. Further, raw material worth - 0.05 lakh purchased from registered supplier located in West Bengal has been destroyed due to seepage problem in the factory and thus, could not be used in the manufacturing process. (ii) Consumables are procured from registered suppliers located in Kolkata and include diesel worth - 0.25 lakh for running the generator in the factory. (iii) Transportation charges comprise of 0.60 lakh paid to Goods Transport Agency (GTA) in Kolkata and - 0.10 lakh paid to horse pulled carts. GST applicable on the services of GTA is 5% payable under reverse charge. (iv) Life insurance policies for specified employees have been taken by the company to fulfill a statutory obligation in this regard. The life insurance service provider is registered in West Bengal. (v) Audit fee is paid to M/s Goyal & Co., a firm of Chartered Accountants registered in West Bengal, for the statutory audit of the preceding financial year. (vi) Telephone expenses pertain to bills for landline phone installed at the factory and mobile phones given to employees for official use. The telecom service provider is registered in West Bengal. (vii) Bank charges are towards company's current account maintained with a Private Sector Bank registered in West Bengal. (viii) The breakup of sales is as under: Sales in West Bengal – 7 lakh Sales in States other than West Bengal – 3 lakh Export under LUT – 5 lakh (ix) The opening balance of ITC with the company for the tax period is: CGST -0.15 lakh SGST -0.08 lakh IGST -0.09 lakh Compute (i) Total ITC available with Ducket Pvt. Ltd. for the tax period; and (ii) Net GST payable [CGST, SGST or IGST, as the case may be] from Electronic Cash Ledger by Ducket Pvt. Ltd. for the tax period. Note- (i) CGST, SGST & IGST rates to be 9%, 9% and 18% respectively, wherever applicable. (ii) The necessary conditions for availing ITC have been complied with by Ducket Pvt. Ltd., wherever applicable. You are required to make suitable assumptions, wherever necessary.

Suggested Answer and Working Notes:

1. Computation of ITC available with Ducket Pvt. Ltd. for the tax period S. No. Particulars ITC Total CGST* ₹ SGST* ₹ IGST* ₹ ₹ 1. Opening balance of ITC 15,000 8,000 9,000 32,000 2. Raw Material Raw material purchased from Bihar [Refer Note 1(i)] 14,400 14,400 Raw material imported from China [Refer Note 1(ii)] 29,970 29,970 Raw material purchased from unregistered suppliers within West Bengal [Refer Note 1(iii)] Nil Nil Nil Nil Raw material destroyed due to seepage [Refer Note 1(iv)] Nil Nil Nil Nil Remaining raw material purchased from West Bengal [Refer Note 1(i)] [*3.5 -1.5 - 0.80 - 0.30 -0.05] = 0.85] 7,650 7,650 15,300 Total ITC for raw material 7,650 7,650 44,370 59,670 3. Consumables [Refer Note 2] 9,000 9,000 18,000 4. Transportation charges for bringing the raw material to factory [Refer Note 3] 1,500 1,500 3,000 5. Salary paid to employees on rolls [Refer Note 4] Nil Nil Nil Nil 6. Premium paid on life insurance policies taken for specified employees [Refer Note 5] 14,400 14,400 - 28,800 7. Audit fee [Refer Note 6] 4,500 4,500 - 9,000 8. Telephone expenses [Refer Note 6] 2,700 2,700 5,400 9. Bank charges [Refer Note 6] 900 900 1,800 Total ITC available for the tax period 55,650 48,650 53,370 1,57,670 Computation of net GST payable Particulars CGST* ₹ SGST* ₹ IGST* ₹ Total ₹ On Intra-state sales in West Bengal 63,000 63,000 1,26,000 On Inter-state sales other than West Bengal 54,000 54,000 On exports under LUT [Note 7] Nil Nil Nil Nil Total output tax liability 63,000 63,000 54,000 1,80,000 Less: ITC available for being set off [Note 8 and Note 9] (55,650) (48,650) (53,370) (1,57,670) Net GST payable from Electronic Cash Ledger [A] 7,350 14,350 630 22,330 GST payable on inward supply of GTA services under reverse charge through Electronic Cash Ledger [Note 3 and 10] [B] 1,500 1,500 3,000 Net GST payable through Electronic Cash Ledger [A] + [B] 8,850 15,850 630 25,330 Notes: (1) (i) Credit of input tax (CGST & SGST/ IGST) paid on raw materials used in the course or furtherance of business is available in terms of section 16(1) of the CGST Act, 2017. (ii) IGST paid on imported goods qualifies as input tax in terms of section 2(62)(a) of the CGST Act, 2017. Therefore, credit of IGST paid on imported raw materials used in the course or furtherance of business is available in terms of section 16(1) of the CGST Act, 2017. (iii) Tax on intra-State procurements made by a registered person from an unregistered supplier is levied only on notified categories of goods and services. [Section 9(4) of the CGST Act, 2017]. (iv) ITC is not available on destroyed inputs in terms of section 17(5)(h) of the CGST Act, 2017 (2) Consumables, being inputs used in the course or furtherance of business, input tax credit is available on the same in terms of section 16(1) of the CGST Act, 2017. However, levy of CGST on diesel has been deferred till such date as may be notified by the Government on recommendations of the GST Council [Section 9(2) of the CGST Act, 2017]. Hence, there being no levy of GST on diesel, there cannot be any ITC. (3) GST is payable under reverse charge on transportation service received from GTA. Tax payable under section 9(3) of the CGST/SGST Act qualifies as input tax in terms of clauses (b) and (d) of section 2(62) of the CGST Act, 2017. Thus, input tax paid under reverse charge on GTA service will be available as ITC in terms of section 16(1) of the CGST Act, 2017 as the said service is used in course or furtherance of business. Furthermore, intra-State services by way of transportation of goods by road except the services of a GTA and a courier agency are exempt from CGST vide Notification No. 12/2017 CT (R) dated 28.06.2017. Therefore, since no GST is paid on such services, there cannot be any ITC on such services. (4) Services by employees to employer in the course of or in relation to his employment is not a supply in terms of section 7 read with para 1 of Schedule III to the CGST Act. Therefore, since no GST is paid on such services, there cannot be any ITC on such services (5) ITC on supply of life insurance service is not blocked if it is obligatory for an employer to provide such service to its employees under any law for the time being in force. [Proviso to section 17(5) (b) of the CGST Act, 2017]. Therefore, GST paid on premium for life insurance policies will be available as ITC in terms of section 16(1) of the CGST Act, 2017 as the said service is used in the course or furtherance of business. (6) Audit fee, telephone expenses and bank charges are all services used in the course or furtherance of business and thus, credit of input tax paid on such service will be available in terms of section 16(1) of the CGST Act, 2017. (7) Export of goods is a zero rated supply in terms of section 16(1)(a) of the IGST Act. A zero rated supply under LUT is made without payment of integrated tax [Section 16(3)(a) of the IGST Act]. (8) Since export of goods is a zero rated supply, there will be no apportionment of ITC and full credit will be available [Section 16 of the IGST Act read with section 17(2) of the CGST Act]. (9) As per section 49(5) of the CGST Act, 2017 read with rule 88A of the CGST Rules, 2017, ITC of- (i) IGST is utilised towards payment of IGST first and then CGST and SGST in any proportion and in any order. (ii) CGST is utilised towards payment of CGST and IGST in that order. ITC of CGST shall be utilised only after ITC of IGST has been utilised fully. (iii) SGST is utilised towards payment of SGST and IGST in that order. ITC of SGST shall be utilised only after ITC of IGST has been utilised fully. (10) Section 49(4) of the CGST Act, 2017 lays down that the amount available in the electronic credit ledger may be used for making payment towards output tax. However, tax payable under reverse charge is not an output tax in terms of section 2(82) of the CGST Act, 2017. Therefore, tax payable under reverse charge cannot be set off against the ITC and thus, will have to be paid in cash. *11. CGST and SGST are chargeable on intra-State inward and outward supplies and IGST is chargeable on inter-State inward and outward supplies.

Topics: Input Tax Credit

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