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Can VAT credit be claimed on capital goods?

Definition and Role of Capital Goods in VAT

  • Capital goods are tangible assets like machinery, tools, and equipment used in the production or supply of goods
  • These are not meant for resale but are used over a period to generate business income
  • Under VAT, capital goods were treated separately from inputs or raw materials for tax purposes
  • Many state VAT Acts allowed input tax credit (ITC) on VAT paid on capital goods, with conditions
  • The objective was to support business investment and industrial development through credit benefits

Eligibility to Claim VAT Credit on Capital Goods

  • The buyer must be a registered VAT dealer under the respective state’s VAT law
  • Capital goods must be used in the course of taxable business activity
  • VAT credit was generally allowed only on notified goods, such as machinery or plant equipment
  • Certain goods like office equipment, motor vehicles, or furniture were excluded from ITC eligibility
  • The credit was permitted only if the seller charged VAT and issued a valid tax invoice

Conditions and Restrictions on ITC for Capital Goods

  • Some states allowed 100% ITC in the same year, while others spread it over two or more years
  • A minimum period of use was sometimes prescribed to prevent short-term resale abuse
  • If capital goods were used partly for exempted sales or non-business purposes, ITC had to be proportionately reduced
  • Input VAT credit could be denied if the dealer failed to declare capital goods in returns
  • Disposal or sale of capital goods within a specified period often required reversal of claimed credit

Accounting and Documentation Requirements

  • Dealers needed to maintain a capital goods register detailing purchase, usage, and tax credit claimed
  • A valid tax invoice mentioning VAT separately was essential to claim credit
  • Records had to be preserved for audit and assessment purposes, usually for 5–7 years
  • The credit was to be shown in a separate column in the VAT return
  • Documentation was crucial to avoid rejection or disallowance during VAT audit

Post-GST Relevance and Legacy Credit

  • After GST implementation, input credit on capital goods is now governed by CGST/SGST laws
  • For pre-GST periods, capital goods VAT credit remains relevant for legacy assessments or audits
  • Unutilized VAT credit on capital goods could be carried forward under transition rules, if eligible
  • State VAT departments may still seek records and clarification on capital goods used before GST
  • Understanding VAT credit treatment ensures compliance and minimizes disputes on historical liabilities

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