Inadmissibility of input tax credit or input tax rebate in certain cases.
20. (1) Subject to the provisions of section 22, no input tax credit or input tax rebate shall be allowed to a registered dealer-
(a) against his purchases if the amount of tax paid or payable by him, under sectio 10 or section 14 or sub-section (3) of section 24 or sub-section (3) of section 27C has not been separately charged and shown in the tax invoice as referred to in clause (48) of section 2 issued to him by a registered dealer, or a dealer who is entitled to issue tax invoice under sub-section (1) of section 64, from whom purchase of such goods have been effected; or
(b) for tax paid by him under section 11 or, tax paid by him under section 12 of the Act unless the said purchasing dealer accepts from the selling dealer an original invoice, cash memo or bill, as the case may be, as referred to in clause (b) of subsection (5) of section 22, containing all the required information as prescribed in rule 92 and which has been duly obtained from a dealer against a bona fide transaction; or
(c) in respect of purchases made by him unless he accepts for such purchases, from the selling registered dealer, or a dealer who is entitled to issue tax invoice under sub-section (1) of section 64, an original tax invoice, as referred to in clause (a) of sub-section (5) of section 22, containing all the required information as prescribed in rule 91 and which has been duly obtained from the dealer against a bona fide transaction; or
(d) for tax paid or payable by him at the time of purchase of goods if such goods have been lost or destroyed or damaged beyond repair because of any theft, fire, or natural calamity and cannot eventually be sold; or
(e) in respect of the capital goods lying in stock with him on the date of his incurring liability under section 10 or section 11 or section 14 or sub-section (3) of section 27C of the Act; or
(f) on goods held in stock by him when he has opted to pay tax under sub-section (3) of section 16 or sub-section (4) of section 18 of the Act, on the date of his incurring liability under section 10, or section 11, or section 14, or sub-section (3) of section 27C of the Act; or
(g) on goods purchased by him during the period of enjoyment of composition of tax under sub-section (3) of section 16 or sub-section (4) of section 18 of the Act; or
(h) on goods which remain unsold at the time of closure of business; or
(i) where goods are used for manufacturing goods as specified in Schedule A, for the purpose other than export.
(2) No input tax credit or input tax rebate shall be available to a dealer to whom a tax invoice has been issued by the selling dealer under sub-rule (10) or sub-rule (11) of rule 91.
(3) Where some goods become tax-free from a particular date, on and from that date no input tax credit or input tax rebate shall be available to the registered dealer on sale of such goods lying in the stock or on using such goods as input for making other goods.
(4) Subject to the provisions of sub-section (7) of section 22, where the capital goods, purchased other than by way of hire purchase, are disposed of otherwise than by way of sale within a period of three years from the date of purchase, there will be a reversal of input tax credit or input tax rebate in the month of such disposal of such capital goods, to the extent already enjoyed by the dealer in respect of purchase of such capital goods.
(5) Where capital goods obtained on hire purchase have been taken back by the hirer before the expiry of the period of hire purchase, there will be a reversal of input tax credit or input tax rebate in that month to the extent already enjoyed by the dealer in respect of the unutilised period.
(6) Where a registered dealer who upon manufacturing any goods in West Bengal transfers such goods to an auctioneer, or agent in West Bengal for effecting sales of such goods against commission or other remuneration, such auctioneer or agent shall not be entitled to get any input tax credit or input tax rebate.
(7) No input tax credit or input tax rebate shall be available to the Indian Tourism Development Corporation in respect of purchase in West Bengal of such goods which are sold to foreign tourists from its shop at the Netaji Subhash Chandra Bose International Airport in Kolkata.
(8) Where containers or materials for packing of goods, supplied with such goods at the time of sale, are returnable to the seller, no input tax credit or input tax rebate shall be available on purchase of such containers or materials for packing of goods.
(9) Where a dealer has enjoyed input tax credit or input tax rebate, which is not admissible to him under any of the provisions of the Act or the rules made thereunder, the input tax credit or input tax rebate so enjoyed shall be reversed.