Question
I import vegetable and butter from outside india vegetable is not taxable but butter is taxable I pay GST for transportation on reverse charge basis can I claim the total GST on transportation against output of butter.
Answer
Credit is restricted under Section 17 of CGST
Act. Sub section (2) reads as follows:
"Where the goods or services or both are used by the registered person partly
for effecting taxable supplies including zero-rated supplies under this Act or
under the Integrated Goods and Services Tax Act and partly for effecting exempt
supplies under the said Acts, the amount of credit shall be restricted to so
much of the input tax as is attributable to the said taxable supplies including
zero-rated supplies."
As in your case supply of vegetable is an exempt supply whereas supply of butter
is taxable, therefore as per aforesaid clause the amount of GST attributable to
exempt supply i.e. credit amount proportionate for vegetable is not eligible.
The amount of ITC attributable to exempt supply is computed as per the manner
given in Rule 42 of CGST Rules. (Reply dt.18/09/2018)