Clarification on availability of input tax credit as per clause (b) of subsection (2) of section 16 of the Central 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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Receipt of goods under EXW contracts: ITC available when supplier hands goods to transporter at factory gate. Clause (b) of sub section (2) of section 16 deems a recipient to have 'received' goods when the supplier delivers them to the recipient or any other person on the recipient's direction, including by handing them to a transporter. Under EXW contracts the property may pass at the supplier's factory gate when goods are handed to the transporter, allowing the recipient to claim ITC at that point, subject to other eligibility conditions and the requirement that the goods are used or intended to be used in the course or furtherance of business.
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.
Receipt of goods under EXW contracts: ITC available when supplier hands goods to transporter at factory gate.
Clause (b) of sub section (2) of section 16 deems a recipient to have "received" goods when the supplier delivers them to the recipient or any other person on the recipient's direction, including by handing them to a transporter. Under EXW contracts the property may pass at the supplier's factory gate when goods are handed to the transporter, allowing the recipient to claim ITC at that point, subject to other eligibility conditions and the requirement that the goods are used or intended to be used in the course or furtherance of business.
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