Reopening of assessment cannot rest solely on an audit party's opinion; reassessment under Section 147/148 is impermissible and power of revision shou...
Tested party selection: functional analysis identified the least complex unit as the appropriate tested party, altering the transfer pricing adjustmen...
The dispute concerns eligibility to claim input tax credit on GST paid for firefighting systems and public health equipment installed for a new factory. The authority applied the definition of plant and machinery and the concept of immovable property, finding the installations become permanently fastened and assimilated into the building. Because they are not used directly in making outward supplies and form part of immovable property, GST paid under the composite works contract or as construction service is blocked under the provisions governing blocked credits, and the appellant is therefore not entitled to avail ITC. The secondary question on timing of ITC for advance invoices is rendered moot.
The dispute concerns eligibility to claim input tax credit on GST paid for firefighting systems and public health equipment installed for a new factory. The authority applied the definition of plant and machinery and the concept of immovable property, finding the installations become permanently fastened and assimilated into the building. Because they are not used directly in making outward supplies and form part of immovable property, GST paid under the composite works contract or as construction service is blocked under the provisions governing blocked credits, and the appellant is therefore not entitled to avail ITC. The secondary question on timing of ITC for advance invoices is rendered moot.
Note: It is a system-generated summary and is for quick reference only.
TaxTMI 
TaxTMI 
of 4817 
Join Channel 
