19/09/2026
*Rule Decoded: 6 When 99% Does Not Apply*
*COMPLETE UPDATE - RULE 86B EXCEPTIONS*
Rule 86B restricts utilization of Input Tax Credit (ITC) to 99%, requiring 1% output tax liability to be paid in cash when monthly turnover exceeds Rs. 50 lakh. However, the restriction does not apply in the following cases:
*1. Income Tax Exception:*
If the proprietor, karta, managing director, any two partners, whole-time directors, or members of managing committee / board of trustees, as applicable, have paid more than Rs. 1 lakh as income tax in each of the last two financial years for which the due date under section 139(1) has expired.
*2. Refund Under Section 54(3)(i):*
Where the registered person has received refund of more than Rs. 1 lakh in the preceding financial year on account of unutilised ITC for zero-rated supplies made without payment of tax.
*3. Refund Under Section 54(3)(ii):*
Where refund of more than Rs. 1 lakh has been received in the preceding financial year on account of unutilised ITC due to inverted duty structure.
*4. 1% Cumulative Cash Payment Exception:*
Where the registered person has already discharged output tax liability in cash in excess of 1% of total output tax liability, applied cumulatively up to the relevant month in the current financial year.
*5. Entity Exception:*
Applicable to Government Department, Public Sector Undertaking, Local Authority, or Statutory Body.
*6. Rule 31D Carve-Out:*
A registered person other than a manufacturer is exempt from Rule 86B only in respect of goods specified under Rule 31D on which tax has been paid by the supplier on the basis of retail sale price.
*Commissioner Discretion:*
The Commissioner or an officer authorised by him may remove the 1% cash payment restriction after such verifications and safeguards as deemed fit.
*Practical Takeaway:*
Rule 86B is only a restriction on ITC utilization, not a blanket 1% cash payment rule. Always check turnover limit, cumulative cash payment history, refunds received, income-tax payment history, and other exceptions before applying the restriction.
PRAJAPATI_s & P