Clarification on availability of input tax credit as per clause (b) of subsection (2) of section 16 of the Karnataka 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: input tax credit may arise when supplier hands goods to transporter at supplier's premises. Clarifies that for purposes of input tax credit under clause (b) of sub section (2) of section 16, goods delivered by a supplier to a transporter at the supplier's premises on the direction of the recipient are deemed to have been 'received' by the recipient. In EXW contracts where property passes at the supplier's gate and transport or insurance is arranged on behalf of the recipient, the recipient may claim input tax credit at the time of such handing over, subject to other statutory conditions and business use requirements; diversion or subsequent loss or disposal disqualifies credit.
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: input tax credit may arise when supplier hands goods to transporter at supplier's premises.
Clarifies that for purposes of input tax credit under clause (b) of sub section (2) of section 16, goods delivered by a supplier to a transporter at the supplier's premises on the direction of the recipient are deemed to have been "received" by the recipient. In EXW contracts where property passes at the supplier's gate and transport or insurance is arranged on behalf of the recipient, the recipient may claim input tax credit at the time of such handing over, subject to other statutory conditions and business use requirements; diversion or subsequent loss or disposal disqualifies credit.
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