Denial of Input Tax Credit for Construction Materials Used in Business

In Re: M/s. Sree Varalakshmi Mahaal LLP

In Re: M/s. Sree Varalakshmi Mahaal LLP - 2020 (32) G. S. T. L. 597 (A. A. R. - GST - T. N.) Issues:
1. Availability of Input Tax Credit for construction materials
2. Interpretation of Section 17(5)(d) of the CGST Act

Issue 1: Availability of Input Tax Credit for construction materials

The applicant sought an Advance Ruling on whether Input Tax Credit (ITC) against purchases of construction materials could be claimed to nullify the cascading effect of taxation. The applicant had invested significantly in constructing a marriage hall and auxiliary buildings, incurring expenses on various materials and services taxable under CGST, SGST, and IGST Acts. The applicant argued that denying ITC in the case of constructing a property for renting out would lead to double taxation and violate the basic rationale of GST. They cited a decision by the Orissa High Court allowing ITC on construction materials for a property rented for commercial purposes. The State jurisdiction officer, however, contended that ITC was not available for construction activities under Section 17(5)(d) of the CGST Act.

Issue 2: Interpretation of Section 17(5)(d) of the CGST Act

Section 17(5)(d) prohibits the availment of ITC for goods or services received for constructing an immovable property on one's account, even if used in the course or furtherance of business. The Authority for Advance Ruling analyzed the applicant's case, where the marriage hall was constructed by the applicant and rented out for events. The Authority held that as per Section 17(5)(d), the applicant was not eligible for ITC on materials and services used for construction, despite the property being used for business purposes. The Authority rejected the applicant's argument that denial of ITC would lead to double taxation, emphasizing the legislative intent and the statutory provisions. The Authority also noted the Orissa High Court's decision, clarifying that while ITC was granted in a specific case, the provision of Section 17(5)(d) remained valid.

In conclusion, the Authority ruled that no Input Tax Credit was available for goods or services received by the applicant for constructing the marriage hall, even if used in the course or furtherance of the business of renting the property.