Whether reversal of ITC in respect of loss of inputs during a manufacturing process be allowed?

Case Title

ARS Steels & Alloy International Pvt. Ltd vs state tax officer

Court

Madras High Court

Honorable Judges

Justice Anita Sumanth

Citation

2021 (6) GSTPanacea 33 HC Madras

W.P.No.2885 of 2021

Judgement Date

24-June-2021

Council for Petitioner

Mr.M.A.Mudimannan and Joseph Prabakar

Council for Respondent

Mr.TNC.Kaushik

In favour of

Petitioner

Section

Section 17 of the CGST Act, 2017

The Madras High Court, bench of Justice Anita Sumanth, has held that loss due to inherent nature of manufacturing process is not covered under Section 17(5)(h) of CGST Act, 2017 and impugned order is liable to be set aside.

FACTS OF THE CASE

The petitioners are engaged in manufacturing of MS Billets and Ingots. MS scrap is an input which is used to manufacture billets and Ingots and such Billets and Ingots become input for the manufacture of TMT/CTD Bars. As per inherent nature of the manufacturing process, a portion of Input losses during manufacturing process. The respondent issued an impugned order to reverse a portion of ITC claimed by the Petitioners with respect to inputs lost under section 17(5)(h) of CGST Act, 2017. Therefore, petitioner filed a petition before Hon’ble High Court of Madras challenging Impugned order.

COURT HELD

Hon’ble High Court relied on the case of  Rupa & Co. Ltd. V. Cestat, Chennai (2015 (324) ELT 295) wherein Division Bench of this Court decided a question of law about entitlement of ITC with respect to inputs used in the manufacturing process, under Section 9A and 2(g) of the CENVAT Credit Rules, 2002. In that case, Input in finished goods was marginally less as compared to input utilised by assessee and the department reverses the ITC on difference between the original quantity of input and the input contained in the finished product. The Hon’ble Bench held that some amount of consumption of the input was inevitable in the manufacturing process. Therefore, ITC should be granted on the original amount of input used notwithstanding that the entire amount of input would not figure in the finished product and also added: The expression ‘inputs of such finished product’ and ‘contained in finished products’ cannot be interpreted in a theoretical manner. It has to be understood in the context of the manufacturing process. If there is no dispute about the fact that every manufacturing process would automatically result in some kind of a loss such as evaporation, creation of by-products, etc. The total quantity of inputs that went into the making of the finished product represents the inputs of such products in entirety’. Considering the finding, Hon’ble High Court held: Reversal of ITC on account of loss by consumption of input which is inherent to manufacturing loss under section 17(5)(h) is misconceived. Such losses are not covered under Section 17(5)(h) of CGST Act. Therefore, impugned order is liable to be set aside.

ANALYSIS OF THE JUDGEMENT

From the above case we analyse there should be no reversal of ITC in respect of loss of inputs during a manufacturing process.

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