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The CBIC clarified that under Ex-Works contracts, registered persons can claim input tax credit upon delivery of goods at the supplier's factory gate, without requiring physical receipt at their business premises. Section 16(2)(b) of CGST Act mandates "receipt" of goods for ITC eligibility, but does not specify location. The Explanation deems goods "received" when delivered to transporters on the registered person's direction. In automobile sector EXW contracts, where property transfers at OEM factory gates upon handover to transporters, dealers can claim ITC immediately rather than awaiting physical delivery. This principle applies to all EXW contracts where goods are delivered at supplier's premises and property transfers upon handover, subject to other Section 16 and 17 conditions.
The CBIC clarified that under Ex-Works contracts, registered persons can claim input tax credit upon delivery of goods at the supplier's factory gate, without requiring physical receipt at their business premises. Section 16(2)(b) of CGST Act mandates "receipt" of goods for ITC eligibility, but does not specify location. The Explanation deems goods "received" when delivered to transporters on the registered person's direction. In automobile sector EXW contracts, where property transfers at OEM factory gates upon handover to transporters, dealers can claim ITC immediately rather than awaiting physical delivery. This principle applies to all EXW contracts where goods are delivered at supplier's premises and property transfers upon handover, subject to other Section 16 and 17 conditions.
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