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No ITC available on Promotional Items on FOC

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No ITC available on Promotional Items on FOC

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  1. No ITC available on Promotional Items on FOC basis under GST supplied to distributors/retailers

  2. Brief Facts of the Cases • M/s Page Industries Limited (“The Applicant”) is engaged in manufacturing, distribution and marketing of Knitted and woven garments, swimwear and swimming equipment. • The applicant also gets the manufacturing done from their job workers. • Further, an applicant sells their products through their own outlet or through distributors and dealers.

  3. Whether the promotional products/material can be considered as Inputs • On the basis of its submission, the applicant placed the following question before Hon’ble AAR: • Whether the promotional products/material and marketing items used by the applicant in promoting their brand and marketing their products can be considered as “Inputs” under CGST Act, 2017?  • Further, whether the applicant is entitled to claim ITC on such procurement under section 16 of CGST Act

  4. 3. Relevant Legal Extracts • ) Every registered person shall, subject to such conditions and restrictions as may be prescribed and in the manner specified in section 49, be entitled to take credit of input tax charged on any supply of goods or services or both to him which are used or intended to be used in the course or furtherance of his business and the said amount shall be credited to the electronic credit ledger of such person.

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