Clarification on availability of input tax credit as per clause (b) of sub-section (2) of section 16 of the West Bengal Goods and Services Tax Act, 2017 in respect of goods which have been delivered by the supplier at his place of business under Ex-Works Contract.
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Deemed receipt of goods under GST permits claiming input tax credit when supplier hands goods to transporter on recipient's direction. The circular explains that under clause (b) of sub section (2) of section 16, goods delivered by the supplier to a transporter at the supplier's premises on the direction of the recipient are deemed to have been received; accordingly, for EXW contracts where property passes at the supplier's factory gate, the recipient may claim input tax credit upon such handing over, subject to other conditions in sections 16 and 17 and exclusion where goods are diverted or disposed for non business purposes.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Deemed receipt of goods under GST permits claiming input tax credit when supplier hands goods to transporter on recipient's direction.
The circular explains that under clause (b) of sub section (2) of section 16, goods delivered by the supplier to a transporter at the supplier's premises on the direction of the recipient are deemed to have been received; accordingly, for EXW contracts where property passes at the supplier's factory gate, the recipient may claim input tax credit upon such handing over, subject to other conditions in sections 16 and 17 and exclusion where goods are diverted or disposed for non business purposes.
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