Necessary-party requirements limit impleadment of independent entities, while deferred consideration does not create an appealable adverse determinati...
Food supplement classification requires common parlance and authoritative tests, preventing treatment as proprietary Ayurvedic medicines without suppo...
Specified regulatory authority income receives conditional tax exemption, subject to non-commercial activity, unchanged income character, and return f...
Tax exemption for regulatory authority income applies retrospectively, subject to non-commercial activity, unchanged income sources, and return-filing...
Input tax credit conditions remain constitutionally valid, with eligible recipient claims considered under GST circulars and retrospective filing dead...
The AAR ruled that the applicant cannot avail Input Tax Credit (ITC) on inputs and services used for constructing a concrete tower to support VCV lines for manufacturing EHV cables. Applying the Supreme Court's functionality test from Safari Retreats, the AAR determined that while a building may qualify as "plant" under Section 17(5)(d) of CGST Act, ITC is unavailable when construction is for the recipient's own use. The AAR found the applicant failed to prove the construction was not on their own account, breaking the ITC chain. The authority dismissed the applicant's reliance on various judgments as irrelevant, noting they primarily pertained to Income Tax matters rather than GST provisions.
The AAR ruled that the applicant cannot avail Input Tax Credit (ITC) on inputs and services used for constructing a concrete tower to support VCV lines for manufacturing EHV cables. Applying the Supreme Court's functionality test from Safari Retreats, the AAR determined that while a building may qualify as "plant" under Section 17(5)(d) of CGST Act, ITC is unavailable when construction is for the recipient's own use. The AAR found the applicant failed to prove the construction was not on their own account, breaking the ITC chain. The authority dismissed the applicant's reliance on various judgments as irrelevant, noting they primarily pertained to Income Tax matters rather than GST provisions.
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