Key takeaways
- Input tax credit on capital goods is generally available in full when the asset is received, subject to the section 16 conditions and the blocked list in section 17(5).
- You cannot have both: under section 16(3), if depreciation is claimed on the GST component under the Income-tax Act, ITC on that tax is not allowed.
- When ITC is claimed, GST stays out of the asset cost in the Companies Act and Income-tax books; when it is blocked, GST is capitalised in both.
- Capital goods used for both taxable and exempt supplies follow Rule 43, which spreads the common credit over 60 months.
- On sale of a capital good on which ITC was taken, section 18(6) requires payment of the higher of the reduced ITC and tax on the transaction value.
On this page
What counts as capital goods
Under section 2(19) of the CGST Act, 2017, capital goods are goods whose value is capitalised in the books of account of the person claiming the credit and which are used, or intended to be used, in the course or furtherance of business. The test therefore follows your accounting: if an item is capitalised as property, plant and equipment, its GST is a question of capital goods credit; if it is expensed, it is an ordinary input.
This link to the books is why the fixed asset register and the GST working must agree. The register decides what is capitalised, and the GST treatment decides how much of the invoice becomes cost.
Conditions for claiming ITC
Section 16 sets the general conditions. In outline, a registered person may take credit on capital goods used in the course or furtherance of business only if:
- they hold a tax invoice or debit note issued by a registered supplier;
- the details of that invoice have been furnished by the supplier and communicated to the recipient (in practice, they appear in the recipient's auto-generated statement);
- the goods have been received;
- the tax charged has actually been paid to the Government by the supplier; and
- the recipient has furnished its own return under section 39.
There is also a time limit. Section 16(4), as amended, does not allow credit on an invoice to be taken after 30 November following the end of the financial year to which the invoice relates, or after the annual return is furnished, if earlier. Time limits in this area have been amended more than once, so confirm the limit that applies to a particular invoice with your adviser before relying on it.
Payment terms matter too. Under the second proviso to section 16(2), credit taken on an invoice that is not paid to the supplier within 180 days must be reversed, with the option to re-claim it when payment is made. For large capital purchases on long credit, this deserves a check at each month end.
Section 16(3): credit or depreciation, never both
If the registered person has claimed depreciation on the tax component of the cost of capital goods under the Income-tax Act, input tax credit on that tax component is not allowed. The choice is made once per invoice line: either the credit is taken and the tax is kept out of cost, or the tax is capitalised and depreciated and no credit is taken.
Blocked credits under section 17(5)
Section 17(5) lists items on which credit is not available even when they are used in business. Three entries matter most for fixed assets.
| Item | When credit is blocked | Main exceptions |
|---|---|---|
| Motor vehicles for carrying persons | Approved seating capacity of not more than 13 persons, including the driver | Used for further supply of such vehicles, transport of passengers, or imparting training on driving them |
| Works contract services | For construction of immovable property, other than plant and machinery | Where the service is an input for a further supply of works contract service |
| Goods or services for construction on own account | Construction of immovable property, other than plant and machinery, even when used in business | Plant and machinery itself |
| Personal consumption | Goods or services used for personal consumption | None for business use |
What 'plant and machinery' covers
For these clauses, plant and machinery means apparatus, equipment and machinery fixed to earth by foundation or structural support and used for making an outward supply, including that foundation and support. It excludes land, buildings and other civil structures, telecommunication towers, and pipelines laid outside the factory premises. So the foundation for a machine can carry credit, while the factory shed around it does not. 'Construction' includes renovation, additions, alterations and repairs to the extent they are capitalised.
Section 17(5)(h) also blocks credit on goods that are lost, stolen, destroyed or written off. How this applies to a capital good written off after years of use is a point to settle with your adviser.
Rule 43: assets used for taxable and exempt supplies
Many businesses use the same asset for both taxable and exempt supplies. Rule 43 of the CGST Rules handles this with a simple model:
- Credit on capital goods used only for exempt supplies or only for non-business purposes is not taken.
- Credit on capital goods used only for taxable supplies is taken in full.
- Credit on capital goods used for both is taken into a common pool. Each month, one-sixtieth of that credit (the useful life being taken as five years) is attributed to the period, and the part relating to exempt supplies, in the ratio of exempt turnover to total turnover, is reversed.
If an asset moves from exclusive use to common use, the credit is brought into the common pool after reducing it by the months already used. The reversal is a GST cost; FixedAsset Pro's default is to expense it rather than add it to the asset, a treatment your Chartered Accountant should confirm.
Selling a capital good: section 18(6)
When capital goods on which credit was taken are supplied, the registered person must pay an amount equal to the higher of:
- the input tax credit taken on those goods, reduced by 5 percentage points for every quarter or part of a quarter from the date of the invoice (Rule 40(2)); or
- the tax on the transaction value of the sale.
A proviso allows refractory bricks, moulds and dies, jigs and fixtures supplied as scrap to pay tax on the transaction value alone.
Accounting treatment and the two depreciation books
AS 10 and Ind AS 16 include in cost only taxes that are not refundable. GST on which credit is claimed is recoverable, so it is not part of cost. Blocked or otherwise unavailable GST is a non-refundable tax and is capitalised.
| Situation | Asset cost | Companies Act book | Income-tax book |
|---|---|---|---|
| ITC eligible and claimed | Excludes GST | Depreciation on net cost | Block increased by net cost |
| ITC blocked under s.17(5) | Includes GST | Depreciation on gross cost | Block increased by gross cost |
| Exempt or non-business use | Includes GST | Depreciation on gross cost | Block increased by gross cost |
| Common use under Rule 43 | Excludes GST (credit taken, then part reversed) | Depreciation on net cost; reversal expensed | Block increased by net cost |
For a blocked-credit car, the effect runs the other way. A car invoiced at ₹16,50,000 with ₹4,62,000 of GST and cess blocked, and ₹42,500 of registration charges, is capitalised at ₹21,54,500 in both books.
On a sale, the Companies Act gain or loss is worked out on proceeds excluding GST, and the same ex-GST proceeds reduce the Income-tax block. You can test the block effect with the Income-tax depreciation calculator, and the book vs tax reconciliation guide explains how the differences carry forward.
Records to keep per asset
To support both the credit and the asset cost, keep the following on each capital purchase line: vendor GSTIN, HSN or SAC, taxable value, CGST, SGST, IGST and cess, whether credit is eligible, whether it was claimed, the tax capitalised, and the invoice date. The invoice date is what the section 18(6) quarter count runs from, so it should never be overwritten by the capitalisation date.
A simple rule catches most errors: if credit was claimed, capitalised tax must be zero. A register that enforces that rule cannot drift into claiming both. The fixed asset register format guide shows where these columns sit in a register.
General information, not tax or legal advice
How FixedAsset Pro handles this
FixedAsset Pro records the GST position on every capital purchase and carries it into both books.
- ITC eligibility, blocked credit under s.17(5), common credit under Rule 43 and GST on disposal under s.18(6). Financial Management
- Vendor invoices matched to the order and receipt with GST on every line, so credit is captured at source. Procurement and CapEx
- Companies Act and Income-tax books side by side: Schedule II per asset and s.32 blocks with opening WDV plus additions less sale proceeds. Depreciation
- Over 140 built-in reports, including block-wise s.32, Form 3CD clause 18 and the Companies Act vs Income-tax comparison. Reporting and Analytics
