Classification of imported goods as electronic cigarette versus tobacco product reversed for lack of proof; order set aside for jurisdictional overrea...
Reversal of input tax credit in proportion to exempt supply: specificity of show-cause notice required; order set aside, fresh proceedings allowed wit...
The AAR addressed entitlement to input tax credit on GST paid for a contractor-built breakwater and concluded ITC is disallowed because the supply was a works contract for construction of immovable property and does not meet the statutory exception for plant and machinery. The authority applied the statutory definition of plant and machinery rather than functionality tests from other statutes, found the works contract fell under the immovable-property exclusion, and held the applicant ineligible for ITC. The AAR declined to rule on supplier-centric rate-notification applicability because the ruling would bind the applicant but not the contractor.
The AAR addressed entitlement to input tax credit on GST paid for a contractor-built breakwater and concluded ITC is disallowed because the supply was a works contract for construction of immovable property and does not meet the statutory exception for plant and machinery. The authority applied the statutory definition of plant and machinery rather than functionality tests from other statutes, found the works contract fell under the immovable-property exclusion, and held the applicant ineligible for ITC. The AAR declined to rule on supplier-centric rate-notification applicability because the ruling would bind the applicant but not the contractor.
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