No Reversal of ITC on normal loss of inputs during manufacturing process

No Reversal of ITC on normal loss of inputs during manufacturing process

Deepak Gupta | Jul 5, 2021 |

No Reversal of ITC on normal loss of inputs during manufacturing process

No Reversal of ITC on normal loss of inputs during manufacturing process

Facts

The petitioners are engaged in the manufacture of MS Billets and Ingots. MS scrap is an input in the manufacture of MS Billets and the latter, in turn, constitutes an input for manufacture of TMT/CTD Bars. There is a loss of a small portion of the inputs, inherent to the manufacturing process. The impugned orders seek to reverse a portion of the ITC claimed by the petitioners, proportionate to the loss of the input, referring to the provisions of Section 17(5)(h) of the GST Act.

Order

In the light of the discussion as above, I am of the view that the reversal of ITC involving Section 17(5)(h) by the revenue, in cases of loss by consumption of input which is inherent to manufacturing loss is misconceived, as such loss is not contemplated or covered by the situations adumbrated under Section 17(5)(h).

StudyCafe Membership

Join StudyCafe Membership. For More details about Membership Click Join Membership Button
Join Membership

In case of any Doubt regarding Membership you can mail us at contact@studycafe.in

Join Studycafe's WhatsApp Group or Telegram Channel for Latest Updates on Government Job, Sarkari Naukri, Private Jobs, Income Tax, GST, Companies Act, Judgements and CA, CS, ICWA, and MUCH MORE!"




Author Bio
My Recent Articles
Step-Up SIP: A Smarter Way to Grow Wealth Nifty 50 Top Loser Today: Infosys Falls 1.75%, HDFC Bank, Shriram Finance, TCS Also Decline Nifty 50 Top Gainers Today: INDUSINDBK BANK( 4.57%), TRENT (2.72%), POWERGRID (1.93%), HEROMOTOCO (1.79%), M&M (1.44%), BHARTIARTL (1.36%) Stock Market Updates: Nifty 50 above 23,550, Sensex up 240 pts; Heromoto, L&T top gainers CA Inter and Foundation Exams to be held thrice a year [ICAI Releases Official Press Release]View All Posts