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Availability of Input Tax Credit on the Contruction of Railway lines

Bibhu Tripathy

Respected Experts,

Kindly clarify the following queries:

Whether Input tax credit is available on the works contract service bills received towards the construction of Railway lines, Bridges etc. The recepinet of the service is constructing the Railway line on his own account.

Debate on ITC eligibility for railway line construction under Section 17(5)(d) of CGST Act; differing expert views. A query was raised regarding the availability of Input Tax Credit (ITC) on works contract services for constructing railway lines. One expert cited Section 17(5)(d) of the CGST Act, 2017, stating ITC is not available for immovable property construction. Another expert argued that railway tracks could be considered 'plant and machinery,' thus qualifying for ITC under certain conditions. The discussion highlighted differing opinions and referenced relevant legal cases and rulings. It was suggested to seek an Advance Ruling Authority for clarity due to the complex nature of the issue. (AI Summary)
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