Rule 44 of the CGST Rules, 2017

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GST›CGST Rules, 2017›Chapter V, Input Tax Credit

At a glance

Entitlement and conditions

  • Rule 44(3) and (5)Without stock-input tax invoices, the person estimates the amount using prevailing market prices on the effective event date. A practising chartered accountant or cost accountant must certify those details.

Bars, duties and time limits

  • Rule 44(4)The calculated amount forms output tax liability. FORM GST ITC-03 carries section 18(4) event details, while FORM GSTR-10 carries cancellation details.

Procedure, powers and definitions

  • Rule 44(1)–(2)Stock-input credit is apportioned from the invoices on which credit was taken. Capital-goods credit follows remaining useful life in months, using a five-year life; the illustration ignores a remaining part month. Each specified tax type is calculated separately.
  • Rule 44(6)Section 18(6) capital-goods credit uses the same remaining-month method separately by tax type. If it exceeds tax on transaction value, that calculated amount forms output tax liability and is furnished in FORM GSTR-1.
  • Rule 44The law does not settle a universal stock-allocation or rounding method, the useful-life starting event or detailed month-counting algorithm, market-price estimation and tax conversion, certification scope, or the interaction with rule 40(2) when the methods produce different figures.

Rule 44 calculates credit amounts for the specified section 18 events and registration cancellation. Stock inputs use the corresponding credit invoices, while capital goods use their remaining useful life within a five-year period. Missing input invoices require a market-price estimate and professional certification. The calculated amounts enter the specified returns, and a separate comparison applies when capital goods are supplied under section 18(6).[1]

Text

The text below is the rule as served by the CBIC tax information portal on 17 September 2026, with the portal's own amendment footnote markers (shown as small numerals before a bracket) and its footnotes.[1] The Rules as published in the Gazette of India is the legal source.

Rule 44, verbatim (show)

Rule 44. Manner of reversal of credit under special circumstances.-

(1) The amount of input tax credit relating to inputs held in stock, inputs contained in semi-finished and finished goods held in stock, and capital goods held in stock shall, for the purposes of sub-section (4) of section 18 or sub-section (5) of section 29, be determined in the following manner, namely,-

(a) for inputs held in stock and inputs contained in semi-finished and finished goods held in stock, the input tax credit shall be calculated proportionately on the basis of the corresponding invoices on which credit had been availed by the registered taxable person on such inputs;

(b) for capital goods held in stock,the input tax credit involved in the remaining useful life in months shall be computed on pro-rata basis, taking the useful life as five years.

Illustration: Capital goods have been in use for 4 years, 6 month and 15 days. The useful remaining life in months= 5 months ignoring a part of the month Input tax credit taken on such capital goods= C Input tax credit attributable to remaining useful life= C multiplied by 5/60 1[(2) The amount, as specified in sub-rule (1) shall be determined separately for input tax credit of central tax, State tax, Union territory tax and integrated tax.

(3) Where the tax invoices related to the inputs held in stock are not available, the registered person shall estimate the amount under sub-rule (1) based on the prevailing market price of the goods on the effective date of the occurrence of any of the events specified in sub-section (4) of section 18 or, as the case may be, sub- section (5) of section 29.]

(4) The amount determined under sub-rule (1) shall form part of the output tax liability of the registered person and the details of the amount shall be furnished in FORM GST ITC-03, where such amount relates to any event specified in sub-section (4) of section 18 and in FORM GSTR-10, where such amount relates to the cancellation of registration.

(5) The details furnished in accordance with sub-rule (3) shall be duly certified by a practicing chartered accountant or cost accountant.

(6) The amount of input tax credit for the purposes of sub-section (6) of section 18 relating to capital goods shall be determined in the same manner as specified in clause (b) of sub-rule (1) and the amount shall be determined separately for input tax credit of 2[Central tax, State tax, Union territory tax and integrated tax]:

Provided that where the amount so determined is more than the tax determined on the transaction value of the capital goods, the amount determined shall form part of the output tax liability and the same shall be furnished in FORM GSTR-1 .

1. Substituted (w.e.f. 01.07.2017) by Notification No. 17 /2017-C.T., dated 27.07.2017.

2. Substituted (w.e.f. 01.07.2017) by Notification No. 15 /2017-C.T., dated 01.07.2017.

Questions to answer on the file

Questions a reviewer answers from the engagement file, grouped by the part of the rule they come from. They describe what the rule asks; they do not decide it.

stock reversal under the specified statutory events 44(1)

Questions to answer on the file4 questions
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invoice-based stock input proportional arithmetic 44(1)(a)

Questions to answer on the file4 questions
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corresponding invoice and proportion basis assessment 44(1)(a)

Questions to answer on the file5 questions
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capital-goods remaining-life amount 44(1)(b)

Questions to answer on the file3 questions
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remaining complete-month calendar assessment 44(1)(b)

Questions to answer on the file1 question
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four-head separation for stock-event amounts 44(2)

Questions to answer on the file3 questions
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missing-invoice prevailing-market-price estimate 44(3)

Questions to answer on the file8 questions
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output-liability inclusion and event-specific form 44(4)

Questions to answer on the file7 questions
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certification of missing-invoice estimate details 44(5)

Questions to answer on the file7 questions
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section 18(6) capital-goods amount by the same method 44(6)

Questions to answer on the file3 questions
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greater capital-goods amount output inclusion and GSTR1 44(6) proviso

Questions to answer on the file8 questions
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separate input-tax heads for the section 18(6) amount 44(6)

Questions to answer on the file3 questions
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interaction of the two prescribed section 18(6) reduction methods 44(6)

Questions to answer on the file1 question
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Amendment history

The CBIC text carries 2 footnotes. The table gives each in the source's own terms. Effective dates are as the footnotes state them.[1]

Amendments to Rule 44 as footnoted in the CBIC text
NoteChange
1Substituted (w.e.f. 01.07.2017) by Notification No. 17 /2017-C.T., dated 27.07.2017.[2]
2Substituted (w.e.f. 01.07.2017) by Notification No. 15 /2017-C.T., dated 01.07.2017.[3]
Provisions connected to Rule 44
ProvisionConnectionWords that tie them
Section 18 of the CGST Act, 2017Section 18 of the CGST Act, 2017 prescribed by this provision18(5) "shall be calculated in such manner as may be prescribed"; 18(6) "reduced by such percentage points as may be prescribed"
Section 29 of the CGST Act, 2017Section 29 of the CGST Act, 2017 prescribed by this provision29(5) "in such manner as may be prescribed"
Section 18 of the CGST Act, 2017this provision branches on Section 18 of the CGST Act, 201744(1) "for the purposes of sub-section (4) of section 18"; 44(6) "for the purposes of sub-section (6) of section 18"
Section 29 of the CGST Act, 2017this provision branches on Section 29 of the CGST Act, 201744(1) "or sub-section (5) of section 29"
Section 15 of the CGST Act, 2017this provision requires Section 15 of the CGST Act, 201744(6) proviso "tax determined on the transaction value of the capital goods"; 18(6) "determined under section 15"
Rule 40this provision requires Rule 4044(6) "for the purposes of sub-section (6) of section 18"; Rule 40(2) "for the purposes of sub-section (6) of section 18"
Rule 81this provision requires Rule 8144(4) "in FORM GSTR-10"
Rule 59this provision requires Rule 5944(6) proviso "furnished in FORM GSTR-1"
Section 2 of the CGST Act, 2017this provision defined by Section 2 of the CGST Act, 201744(1) "inputs"; 44(1) "capital goods"; 44(4) "output tax liability"

Circulars and notifications

Circulars and notifications in the CBIC repository that cite this rule, newest first, by number, date and subject. A listing here does not say what an instrument decides; read the instrument.

Circulars (1)

NumberDateSubject
Circular No. 231/25/2024-GST11 September 2024Clarification on availability of input tax credit in respect of demo vehicles.

Notifications (9)

NumberDateSubject
Notification No. 30/2020-Central Tax3 April 2020Seeks to amend CGST Rules (Fourth Amendment) in order to allow opting Composition Scheme for FY 2020-21 till 30.06.2020 and to allow cumulative application of condition in rule 36(4).
Notification No. 21/2018-Central Tax18 April 2018Notification seeks to make amendments (Fourth Amendment) to the CGST Rules, 2017.
Notification No. 45/2017-Central Tax13 October 2017Seeks to amend the CGST Rules, 2017
Notification No. 34/2017-Central Tax15 September 2017Seventh amendment to the CGST Rules, 2017.
Notification No. 22/2017-Central Tax17 August 2017Seeks to amend the CGST Rules, 2017
Notification No. 17/2017-Central Tax27 July 2017Seeks to amend the CGST Rules, 2017.
Notification No. 15/2017-Central Tax1 July 2017Amending CGST Rules notification 10/2017-CT dt 28.06.2017
Notification No. 10/2017-Central Tax28 June 2017Seeks to amend CGST Rules notification no 3/2017-Central Tax dt 19.06.2017 amended by a later instrument
Notification No. 03/2017-Central Tax19 June 2017Notifying the CGST Rules, 2017 on registration and composition levy amended by a later instrument

Unsettled questions

The words of Rule 44 do not answer these questions. Where one decides a matter on the file, the answer depends on the position taken on it.

  1. What measure and allocation treatment makes the calculation proportionate for stock inputs traced to corresponding invoices, particularly mixed rates, units, losses or semi-finished/finished-goods input content? The rule does not prescribe a universal allocation measure or rounding convention.
  2. Which actual event anchors Rule 44 five-year useful life, and how are complete remaining months counted at calendar or leap-day boundaries? The rule states five years and illustrates ignoring the remaining part month, but does not expressly state the starting event or a general calendar algorithm.
  3. Which observations, comparable goods, date adjustments and tax/credit conversion make the estimate based on the prevailing market price? Rule 44(3) gives no numerical valuation or tax conversion method; certification is separately required.
  4. What makes the identified ITC details duly certified beyond the expressly named professional and practising-status conditions? The text fixes no certificate form, assurance wording or required examination procedure.
  5. How do the quarterly percentage-point reduction in Rule 40(2) and the remaining-month method imported by Rule 44(6) interact for the same section 18(6) supply, particularly when their figures differ? Neither rule states a priority or reconciliation rule.

See also

References

  1. Central Board of Indirect Taxes and Customs. "Rule 44. Manner of reversal of credit under special circumstances". Central Goods and Services Tax Rules, 2017, CBIC tax information portal, with amendment footnotes 1 to 2. Retrieved 17 September 2026.
  2. Notification No. 17/2017-Central Tax, dated 27 July 2017: Seeks to amend the CGST Rules, 2017. Cited in CBIC footnote 1.
  3. Notification No. 15/2017-Central Tax, dated 1 July 2017: Amending CGST Rules notification 10/2017-CT dt 28.06.2017. Cited in CBIC footnote 2.

External links