Скачать или смотреть How was ITC utilisation allowed before Rule 86B II What is the restriction imposed under Rule 86B II

Rule 86B of India's Goods and Services Tax (GST) is an anti-tax evasion rule that restricts the amount of Input Tax Credit (ITC) that certain large businesses can use to pay their monthly GST liability. It requires a minimum of 1% of the output tax liability to be paid in cash.
Conditions for applicability
The rule applies to a registered person if all of the following conditions are met:
The value of their taxable supplies (other than exempt and zero-rated supplies) exceeds ₹50 lakh in a month.
The business does not fall under any of the specified exemptions.
Key provisions
Restriction on ITC utilization: A business falling under this rule cannot discharge more than 99% of its total output tax liability using the balance available in its electronic credit ledger.
Mandatory cash payment: At least 1% of the total GST liability must be paid in cash through the electronic cash ledger.
Monthly check: The ₹50 lakh turnover threshold must be checked every month. If the threshold is not met in a particular month, the rule does not apply for that month.
GST 86B Rules Notification PDF
Rule 86B of CGST Rules Notification
Rule 86B Notification 94 2020
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GST 86B Rule
Exception to Rule 86B
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Rule 86B penalty
नियम 86बी का प्रतिबंध
उपरोक्त मानदंडों को पूरा करने वाले पंजीकृत व्यक्तियों को इलेक्ट्रॉनिक क्रेडिट लेज़र में उपलब्ध आईटीसी के माध्यम से केवल 99% तक की बाहरी देनदारी का उपयोग करने की अनुमति है। इसका अर्थ है कि आईटीसी उपलब्ध होने पर भी बाहरी देनदारी का 1% नकद में भुगतान किया जाना चाहिए।
The Central Board of Indirect Taxes and Customs (CBIC) has introduced new rule 86B vide notification number 94/2020 dated 22nd December, 2020. Rule 86B is made effective from 1st January 2021.
What is the restriction imposed under Rule 86B
Rule 86B limits the use of input tax credit (ITC) available in the electronic credit ledger for discharging the output tax liability. This rule has an overriding impact on all the other CGST Rules.

Applicability: This rule is applicable to registered persons having taxable value of supply (other than exempt supply and zero-rated supply) in a month which is more than Rs.50 lakh. The limit has to be checked every month before filing each return.

Restriction imposed: The applicable registered persons cannot use ITC in excess of 99% of output tax liability. In simple words, more than 99% of the output tax liability cannot be discharged by using input tax credit.

Exceptions to the Rule:
GST 86B Rule
If the persons mentioned below have paid more than Rs.1 lakh as Income Tax under Income Tax Act, 1961 in each of the last two financial years for which the time limit to file the income tax return under Section 139(1) of the said Act has expired:
The registered person
Proprietor, karta or Managing Director of the registered person
Any of the partners or whole time directors or any other person as the case may be.
If the registered person under concern has received a refund of amount greater than Rs.1 lakh in the preceding financial year on account of export under LUT or due to inverted tax structure.
If the registered person under concern has discharged his liability towards output tax by electronic cash ledger for an amount in excess of 1% cumulatively of the total output tax liability up to the said month in the current financial year.
If the registered person under concern is any of the following:
Government department
Public sector undertaking
Local authority
Statutory Authority
Impact of Rule 86B on businesses & working capital
After going through the above restrictions and exceptions introduced by Rule 86B, it is clear that the above rule is applicable only to the large taxpayers. There will be no impact on micro and small businesses.

The motto behind the introduction of this rule is to control the issue of fake invoices to use the fake input tax credit to discharge liability. Further, it restricts fraudsters from showing high turnovers without having any financial credibility.

CBIC has further clarified that 1% is to be calculated on the tax liability in a month and the turnover of the respective month.

Illustration

Let us understand this with the help of an example:

A taxpayer Mr A has made a sale of goods valued at Rs. 1 crore on which tax rate is 12%. In this case, he can discharge his liability up to 99% through ITC and must pay Rs. 12,000 in cash, as per this rule.

Though this rule has also brought genuine taxpayers under ambit making it inconvenient for them, the motto of the Government is to avoid fake invoicing and eventually curb tax evasion.

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