Clarification on availability of input tax credit as per clause (b) of sub-section (2) of section 16 of the Assam 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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Input tax credit in Ex-Works contracts is available when goods are handed over at the supplier's premises on the recipient's direction. Availability of input tax credit under section 16(2)(b) in an Ex-Works contract is not confined to physical receipt at the recipient's business premises. Where the supplier hands over goods to a transporter or other person on the recipient's direction at the supplier's place of business, and property in the goods passes at that stage, the recipient is deemed to have received the goods for ITC purposes. The clarification remains subject to the business-use requirement and the restrictions under section 17.
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.
Input tax credit in Ex-Works contracts is available when goods are handed over at the supplier's premises on the recipient's direction.
Availability of input tax credit under section 16(2)(b) in an Ex-Works contract is not confined to physical receipt at the recipient's business premises. Where the supplier hands over goods to a transporter or other person on the recipient's direction at the supplier's place of business, and property in the goods passes at that stage, the recipient is deemed to have received the goods for ITC purposes. The clarification remains subject to the business-use requirement and the restrictions under section 17.
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