1.
Input Tax Credit is very vital to the concept of Value Added Tax system.
Input tax is the tax that a taxable person has paid on his business
purchases.
2.
Section 13 of the Punjab VAT Act, 2005 deals with Input Tax Credit.
The system of credit on input tax paid is tax-based. It is a major check
on leakage of tax.
3.
Input Tax includes tax paid on :
(i) Purchases of raw material; (ii) Goods purchased for resale; (iii)
Purchase of capital goods such as machinery or equipment for use in
business; (iv) Tools and accessories used in business; and (v) Packing
material for resale and use in manufacture.
4.
Input Tax Credit is available only on purchases made from taxable persons
holding VAT registration number, in the State.
5.
Input Tax Credit can be claimed only by a taxable person holding VAT
registration number on the basis of ORIGINAL VAT INVOICE received from
seller.
6.
Taxable persons can not claim Input Tax Credit for the following goods
unless they are in the business of dealing in these goods :
Automobiles including commercial vehicles, three wheelers and two wheelers
and spare parts thereof;
Food, beverages and tobacco products;
Petroleum products;
Goods used for personal consumption or gifts;
Goods used in manufacture, processing and packing of tax free goods;
Office equipment and building material;
Air-conditioning units except where air-conditioning is essential in
the manufacturing process of taxable goods;
Weigh bridge except when installed inside the manufacturing premises
for use in the process of manufacturing;
Goods used in manufacture, processing or packing of tax free goods;
Goods used in generation and distribution of electrical energy; and
Goods which remain unsold at the time of closure of business.
7.
If a taxable person is making taxable and tax free sales, he would be
entitled to claim input tax proportionate to his taxable sales using
the following formula:
A
x B
C
A
: Total amount of input tax for the period.
B
: Total value of taxable sales for a period including zero rated sales,
excluding VAT.
C
: Total value of sales including tax free sales, excluding VAT.
8.
A taxable person can claim input tax credit with return for each tax
period. If the claim for input tax credit exceeds the amount of output
tax in that return, input tax credit shall be carried forward to next
return period.
9.
The net tax payable by a VAT dealer claiming input tax credit shall
be:
Output
tax - input tax = net tax.
Input
tax shall include the input tax credit carried forward from previous
return period.
10.
Input tax credit is non-transferable i.e. it cannot be transferred from
one taxable person to another.
11.
Section 14 of the Punjab VAT Act,2005 provides for input tax credit
on the tax paid under sec. 5(1-A) and on Schedule D goods under the
PGST Act, 1948 during the past one year. Taxable person shall be entitled
to claim Input Tax Credit on the goods in hand on the appointed day
if the purchases were made within twelve months prior to the appointed
day and the goods have suffered tax under the PGST Act, 1948. However,
all taxable persons having stock of tax paid goods on the appointed
day shall have to get their stocks authenticated, by submitting details
in prescribed performa upto 30.04.2005, and getting the same verified
from the concerned Assessing Authority and produce/secure documentary
evidence of tax paid on such stock.
12.
ITC is not available for exempted units. Instead an exempted unit is
entitled to refund of tax paid or payable by it on purchases made from
a taxable person with in the State, for use in manufacturing, processing
or packing of taxable goods. This refund is available only if the dealer
having Exemption has filed correct returns as per provision of the rules
of 1991. The unit shall make an application for refund.