Captive power transfer pricing and non-resident export commission rules support deletion of adjustments and withholding disallowance in discussed proc...
Cooperative society deposits, member-interest TDS exemption and credit-facility deduction claims require verification through records and supporting e...
Customs jurisdiction over EPCG condition breaches survives export-obligation discharge certificates, requiring alleged fraud and misdeclaration to be ...
Contractual tolerance requires consideration; breach recoveries, qualifying public infrastructure services and road works escape service tax liability...
The AAR held that the rooftop solar power plant installed at the commercial premises qualifies as "plant and machinery" under the Explanation to Section 17(6) of the CGST Act, 2017, as it is fixed to earth by structural support. Consequently, the plant constitutes capital goods eligible for input tax credit (ITC) under Section 16(1), not barred by Sections 17(5)(c) or 17(5)(d). Since the electricity generated is used solely for powering the applicant's common area maintenance (CAM) services and not supplied to tenants, no exempt supply arises, rendering Section 17(2) inapplicable. Therefore, the applicant is entitled to claim ITC on the solar power plant, subject to compliance with the conditions stipulated in Section 16 of the CGST Act.
The AAR held that the rooftop solar power plant installed at the commercial premises qualifies as "plant and machinery" under the Explanation to Section 17(6) of the CGST Act, 2017, as it is fixed to earth by structural support. Consequently, the plant constitutes capital goods eligible for input tax credit (ITC) under Section 16(1), not barred by Sections 17(5)(c) or 17(5)(d). Since the electricity generated is used solely for powering the applicant's common area maintenance (CAM) services and not supplied to tenants, no exempt supply arises, rendering Section 17(2) inapplicable. Therefore, the applicant is entitled to claim ITC on the solar power plant, subject to compliance with the conditions stipulated in Section 16 of the CGST Act.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4801
Join Channel
TaxTMI 
