Clarification on availability of input tax credit as per clause (b) of sub-section (2) of section 16 of the Tamil Nadu 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 under Ex-Works contracts arises when suppliers hand goods to recipient-directed transporters at their premises.
Under an Ex-Works contract, goods are treated as received for input tax credit purposes when the supplier hands them over at its premises to the recipient or a transporter acting on the recipient's behalf, where property in the goods passes at that point. Physical receipt at the recipient's business premises is not required for this condition. Credit remains subject to the other requirements under sections 16 and 17, including business use, and is unavailable for non-business diversion, loss, theft, destruction, write-off, gifts, or free samples.