The AAAR held that the appellant is entitled to avail ITC on...

The AAAR held that the appellant is entitled to avail ITC on inputs and input services used for constructing the concrete tower supporting and erecting VCV lines at its factory for manufacturing EHV cables. The concrete structure was deemed an essential foundation and structural support for plant and machinery, falling within the scope of the second explanation to section 17 of the CGST Act, 2017. Consequently, such ITC does not fall under the restrictions of section 17(5)(c) and (d). The ruling analogized the eligibility of ITC on foundations and supports to the allowance of ITC on ducts and manholes used in OFCs, affirming that these inputs and services are integral to plant and machinery and thus eligible for ITC. The appellant's claim for ITC on construction of the concrete tower was allowed accordingly.