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The HC affirmed the Single Judge's order and dismissed the...
Appeal dismissed: petitioner denied ITC for electricity used in township maintenance as residential supply; Explanation 1(d) prospective under s.2(17), s.16(1)
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The HC affirmed the Single Judge's order and dismissed the appeal, holding that the petitioner is not entitled to input tax credit (ITC) for electricity consumed in maintenance of its township because such supply is external/residential and not in the course or furtherance of business under s.2(17) read with s.16(1) of the CGST Act. The court further held that the amendment inserting Explanation 1(d) to Rule 43 is prospective and does not operate retrospectively; ITC cannot be claimed for exempt supplies of DCS made on or before 05.07.2022. The Single Judge's reasoning and findings were upheld in all respects.
The HC affirmed the Single Judge's order and dismissed the appeal, holding that the petitioner is not entitled to input tax credit (ITC) for electricity consumed in maintenance of its township because such supply is external/residential and not in the course or furtherance of business under s.2(17) read with s.16(1) of the CGST Act. The court further held that the amendment inserting Explanation 1(d) to Rule 43 is prospective and does not operate retrospectively; ITC cannot be claimed for exempt supplies of DCS made on or before 05.07.2022. The Single Judge's reasoning and findings were upheld in all respects.
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