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- Whether input tax credit is allowed on goods and services used for construction of immovable property when the same is further leased out ?
Whether input tax credit is allowed on goods and services used for construction of immovable property when the same is further leased out ?
Issue Favourable to Tax Payer ?:- no
Held - We therefore observe that the appellant's undertaking of development work of the land to be leased out to various industrial/ non-industrial users, is construction of an immovable property and any goods and services or both / works contract, used for construction of an immovable property shall attract the provisions of clauses (c) and (d) under sub-section (5) of Section 17 of the CGST Act, 2017 which specifically deny such input tax cr.....
Issue Favourable to Tax Payer ?:- yes
Held - The very purpose of the Act is to make the uniform provision for levy collection of tax, intra state supply of goods and services both central or State and to prevent multi taxation.
While considering the provisions of Section 17(5)(d), the narrow construction of interpretation put-forward by the Department is frustrating the very objective of the Act, inasmuch as the petitioner in that case has to pay huge amount without an.....
Issue Favourable to Tax Payer ?:- no
Held - We observed that as construction activity will be done on appellant's plot and payment for it is being made by appellant, consequently expenses and assets related to MRO facility will be shown in financial statements of appellant, therefore, mere construction of any civil structure with specific purpose under supervision of service receiver cannot be construed to be on other's account and that the ownership of the property is transferre.....
Issue Favourable to Tax Payer ?:- no
Held- Section 16 (1) of the CGST Act specifically provides that every registered person shall be entitled to take credit of the input tax charged on any supply of goods or services or both made to him, which are used or intended to be used in the course or furtherance of his business. Such entitlement is subject to fulfillment of certain conditions such as possession of invoice, receipt of goods/service, payment of tax to Government etc. as pr.....
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