Under the Goods and Services Tax (GST) system, businesses are generally allowed to claim input tax credit under GST on purchases made for business use. However, not all inputs qualify. The Central Goods and Services Tax (CGST) Act outlines situations where certain credits are disallowed, and this is what we refer to as blocked credit in GST.
Blocked credit under section 17(5) GST increases the effective cost of procurement since the GST paid cannot be claimed as credit. This impacts their cash flow, working capital, pricing strategy, as well as overall profitability.
Section 17(5) of the CGST Act specifies that input tax credit under GST cannot be claimed by a taxpayer in cases that are specifically outlined, even when the goods or services are used for business purposes. Such types of credit that are not permitted are referred to under GST as blocked credits.
This provision overrides the broader eligibility rules under Section 16(1) (which allows ITC when used for business) and Section 18(1) (which deals with ITC in special cases). Instead, Section 17(5) lists 11 specific scenarios where ITC is considered ineligible ITC under GST, commonly referred to as blocked credits.
This includes goods and services such as motor vehicles, food and drinks, contract services for works, construction inputs, and many more, unless specific exceptions apply.
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The 55th GST Council Meeting recommended the following amendments on Section 17(5) of GST:
These proposed changes will be enforced once officially notified by the CBIC.
The key reasons why blocked credit under GST exists are:
The Act provides a detailed list of items that fall under blocked credit in GST. These include:
ITC is blocked on motor vehicles used for passenger transport with a seating capacity of less than or equal to 13 (including the driver). For example, a corporate office purchasing a sedan for executive use cannot claim ITC.
Exceptions:
Also, ITC on services like insurance, maintenance, or repair of such vehicles is also blocked unless used for the above purposes.
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ITC is blocked on:
For instance, a company hosting a team lunch at a restaurant or a firm offering employee gym benefits without legal obligation is not eligible for ITC.
Exceptions: ITC is allowed only if the employer is legally mandated to offer these services under any law.
ITC is not allowed on works contract services used for the construction of immovable property (except when the recipient is in the business of providing works contract services).
No ITC is allowed on:
ITC is also blocked on GST paid under the following sections:
In certain situations, businesses are allowed to claim ITC even if they fall under blocked categories:
Claiming ineligible ITC under GST can have serious consequences:
As per the CGST Act, if you violate Section 17(5) provisions, you must reverse the credit and pay interest from the date of claim until reversal.
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The GSTR-2B statement (Auto-drafted ITC Statement) provides a monthly view of both eligible and ineligible ITC. Taxpayers can:
It is advisable to match ineligible items in GSTR-2B with your accounting records and ensure such amounts are not included in ITC claims.
Blocked or ineligible ITC under GST must be reported in Table 4(B) of the GSTR-3B return.
To ensure correct reporting:
To stay compliant with the rules around blocked credit in GST, follow these practices:
Understanding blocked credit in GST is essential to ensure accurate ITC claims and avoid penalties. While input tax credit under GST is a powerful tool for reducing tax liability, misusing or misinterpreting section 17(5) of GST can lead to unwanted financial consequences. With proper awareness and due diligence, businesses can remain compliant and financially efficient under the GST law.