Commercial vehicle depreciation, scientifically determined warranty provisions and exempt-income disallowances were resolved in favour of the taxpayer...
Inherited property sale proceeds require capital-gains treatment where ownership is supported by evidence, not suspicion or unverified signature doubt...
Cross-examination of retracted statements is essential where foundational evidence supports a benami allegation and documented funding explanations re...
Capital-goods exemption covers plant-modernisation accessories, while the import restriction applies only to earlier capital-goods components and spar...
AAR holds that the dispute concerns a composite works contract...
Composite works contract for factory electrical installations treated as immovable property; GST input tax credit blocked under s.17(5)(c) and s.17(5)(d)
Contents
Summary
Note
Bookmark
Share
✓ Copied successfully !
Print
Print Options
For full text, please login
Login to TaxTMI
Verification Pending
The Email Id has not been verified. Click on the link we have sent on
AAR holds that the dispute concerns a composite works contract for supply, installation, testing and commissioning of electrical installations for a new factory. The installations are integral to and assimilated into immovable property and cannot be treated as discrete machinery or plant. Consequently, GST paid on the works contract is ineligible for input tax credit; such credit is expressly blocked under s.17(5)(c) of the CGST Act and, if characterised as construction/installation, also blocked under s.17(5)(d). Because ITC is disallowed on the contract, the subsidiary question regarding timing for availing ITC on supplier advance invoices is rendered moot for the applicant.
AAR holds that the dispute concerns a composite works contract for supply, installation, testing and commissioning of electrical installations for a new factory. The installations are integral to and assimilated into immovable property and cannot be treated as discrete machinery or plant. Consequently, GST paid on the works contract is ineligible for input tax credit; such credit is expressly blocked under s.17(5)(c) of the CGST Act and, if characterised as construction/installation, also blocked under s.17(5)(d). Because ITC is disallowed on the contract, the subsidiary question regarding timing for availing ITC on supplier advance invoices is rendered moot for the applicant.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
of 4801
Join Channel
TaxTMI 
