Page 162 - GSTL_13th August 2020_Vol 39_Part 2

248 GST LAW TIMES [ Vol. 39
whether acting as an agent or otherwise, before or during
movement of goods, either by way of transfer of documents of
title to goods or otherwise;
(ii) where the services are provided by the supplier to any person
on the direction of and on account of such registered person.
(c) subject to the provisions of section 41, the tax charged in re-
spect of such supply has been actually paid to the Govern-
ment, either in cash or through utilisation of input tax credit
admissible in respect of the said supply; and
(d) he has furnished the return under Section 39 :
Provided that where the goods against an invoice are received
in lots or installments, the registered person shall be entitled
to take credit upon receipt of the last lot or installment :
Provided further that where a recipient fails to pay to the sup-
plier of goods or services or both, other than the supplies on
which tax is payable on reverse charge basis, the amount to-
wards the value of supply along with tax payable thereon
within a period of one hundred and eighty days from the date
of issue of invoice by the supplier, an amount equal to the in-
put tax credit availed by the recipient shall be added to his
output tax liability, along with interest thereon, in such man-
ner as may be prescribed :
Provided also that the recipient shall be entitled to avail of the
credit of input tax on payment made by him of the amount
towards the value of supply of goods or services or both along
with tax payable thereon.
(3) Where the registered person has claimed depreciation on the tax
component of the cost of capital goods and plant and machinery under the
provisions of the Income-tax Act, 1961, the input tax credit on the said tax
component shall not be allowed.
(4) A registered person shall not be entitled to take input tax credit
in respect of any invoice or debit note for supply of goods or services or
both after the due date of furnishing of the return under section 39 for the
month of September following the end of financial year to which such in-
voice or invoice relating to such debit note pertains or furnishing of the rel-
evant annual return, whichever is earlier :
Provided that the registered person shall be entitled to take credit after the
due date of furnishing of the return under section 39 for the month of September,
2018 till the due date of furnishing of the return under the said section for the
month of March, 2019 in respect of any invoice or invoice relating to such debit
note for supply of goods or services or both made during the financial year 2017-18,
the details of which have been uploaded by the supplier under sub-section (1) of sec-
tion 37 till the due date for furnishing the details under sub-section (1) of said sec-
tion for the month of March, 2019.
Section 17. Apportionment of credit and blocked credits. - (1)
Where the goods or services or both are used by the registered person part-
ly for the purpose of any business and partly for other purposes, the
amount of credit shall be restricted to so much of the input tax as is at-
tributable to the purposes of his business.
(2) 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.
GST LAW TIMES  13th August 2020  162