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Published on:
February 20, 2023
By
Paramita

Use of Input Tax Credit against GST in other state with same PAN

If you are a business owner registered under the Goods and Services Tax (GST) regime, you are likely to be aware of the concept of Input Tax Credit (ITC). ITC is a mechanism that allows taxpayers to offset the tax paid on inputs against the tax liability on output. In simpler terms, you can reduce the tax you pay on your sales by claiming credit for the tax you have paid on your purchases.

However, what happens when you make purchases in one state and sell goods or services in another state under the same PAN? Can you claim ITC on taxes paid in another state, or are you limited to claiming only the tax paid in the state where you make the sale? In this article, we will explore these questions and provide you with a comprehensive understanding of how ITC works across states.

Understanding ITC

Before delving into the usage of ITC across states, let us first understand the basics of the credit mechanism under GST.

ITC is available to registered taxpayers who are engaged in the supply of goods or services. To claim ITC, the taxpayer should possess a valid tax invoice or other prescribed documents such as debit notes, credit notes, or a bill of supply.

The following are the conditions to claim ITC:

1. The taxpayer must be in possession of a tax invoice or other prescribed documents.

2. The invoice or other prescribed document should have been uploaded by the supplier on the GST portal.

3. The taxpayer should have furnished his GST return.

4. The supplier should have paid the tax charged to the government.

Once these conditions are met, the taxpayer can claim ITC on the tax paid on purchases. The ITC can be utilized to offset the tax liability on the supply of goods or services.

ITC Across States

Now that we have understood the basics of ITC, let us explore the usage of ITC across states.

Under GST, the tax is levied at the point of consumption. This means that the tax is payable to the state where the goods or services are consumed. However, the taxpayer can claim ITC on taxes paid in other states if the following conditions are met:

1. The taxpayer must be registered under GST and possess a valid GSTIN (GST Identification Number).

2. The taxpayer must have made purchases from a supplier who is also registered under GST and has a valid GSTIN.

3. The taxpayer must have received a tax invoice or other prescribed documents from the supplier.

4. The supplier must have uploaded the tax invoice or other prescribed documents on the GST portal.

5. The tax paid by the supplier should have been deposited with the government.

If the above conditions are met, the taxpayer can claim ITC on the taxes paid in another state.

Limitations on ITC Across States

While the usage of ITC across states is allowed under GST, there are certain limitations that a taxpayer should be aware of.

The first limitation is that the credit can only be claimed in the return for the month in which the tax invoice or other prescribed document was uploaded by the supplier. This means that if the supplier uploads the invoice in a different month from when the purchase was made, the taxpayer cannot claim ITC in the month of the purchase.

The second limitation is that the ITC claimed on purchases made in another state cannot exceed the tax liability on the output supply made in that state. In other words, the ITC claimed cannot be utilized for paying the tax liability in another state.

Conclusion

ITC is a crucial mechanism under the GST regime that allows taxpayers to offset the tax paid on inputs against the tax liability on output. While ITC can be claimed on taxes paid in another state, the credit is subject to certain limitations. As a business owner, it is important to understand the provisions of ITC to ensure compliance with the GST laws.

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Updated on:
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