2024 (7) TMI 355 - AAR - GST

Contract staffing services eligible for input tax credit under Section 17(5) CGST Act 2017

In Re: M/s. Access Healthcare Services Private Limited

AAR Tamil Nadu ruled that the applicant engaged in IT and healthcare services is eligible to claim input tax credit on contract staffing services. The ... Input tax credit - Contract Staffing Services received by the Applicant - HELD THAT:- In as much as the transaction under question does not fall under any of the above-mentioned categories the availment of ITC on the transaction under question is not blocked by Section 17 (5) of the CGST Act, 2017. In as much as the applicant is engaged in the business of providing Information (IT) and Information Enabled Services (ITS) for healthcare sector and intends to avail the contract staffing services in the course or furtherance of business, the applicant is eligible to avail the input tax credit on the said contract staffing services subject to the fulfilment of conditions specified under section 16 of the CGST Act, 2017 for availment of input tax credit. The applicant is eligible to avail the input tax credit on contract staffing services under section 16 (1) of GST Act, 2017 subject to the fulfilment of conditions specified under the said section. Issues Involved:1. Eligibility of Input Tax Credit (ITC) on Contract Staffing Services.Detailed Analysis:1. Eligibility of Input Tax Credit (ITC) on Contract Staffing Services:Background and Applicant's Submissions:- The applicant is engaged in providing Information Technology (IT) and Information Technology Enabled Services (ITeS) for the healthcare sector, including business process outsourcing and robotic process automation tools.- Due to the volatile job market, the applicant considers hiring professional contract-staffing firms for human resource management and related services.- The applicant seeks an Advance Ruling on whether ITC is eligible on Contract Staffing Services received.Legal Framework:- Section 16 of the CGST Act, 2017: Allows ITC on supplies used in the course or furtherance of business, provided conditions in Section 16(2) are met.- Section 17 of the CGST Act, 2017: Deals with apportionment of credit and blocked credits.Applicant's Arguments:- The applicant argues that the contract staffing services are used in the course or furtherance of business, fulfilling the conditions under Section 16(1).- The applicant undertakes to comply with conditions in Section 16(2), including possession of tax invoices, receipt of services, payment of tax to the government, and filing returns.- The applicant asserts that the ITC on contract staffing services is not blocked under Section 17(5) of the CGST Act, which lists specific categories where ITC is not available.Jurisdictional Officer's Comments:- The State jurisdiction officer confirmed no pending adjudication proceedings and agreed that GST paid on contract staffing services can be availed as ITC, as it is not blocked under Section 17(5).Authority's Findings:- The Authority examined the submissions and found that the contract staffing services are indeed used in the course or furtherance of the applicant's business.- The Authority agreed that the conditions under Section 16(2) must be met for ITC eligibility.- The Authority confirmed that the ITC on contract staffing services is not blocked under Section 17(5).Conclusion:- The Authority ruled that the applicant is eligible to avail ITC on contract staffing services under Section 16(1) of the CGST Act, 2017, subject to the fulfillment of conditions specified in the said section.Ruling:- The applicant is eligible to avail the input tax credit on contract staffing services under Section 16(1) of the CGST Act, 2017, subject to the fulfillment of conditions specified under the said section.