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...
GST paid on annual lease rental of land taken from the Government for construction of a factory was held to be blocked input tax credit under Section 17(5)(d), which overrides Section 16 through its non-obstante clause. The authority held that lease service obtained for the purpose of constructing immovable property on the taxable person's own account falls within the statutory bar, and refused to narrow the word "for" or read clause (d) down by reference to clause (c). It further held that the bar continues for pre-construction and post-construction periods, for vacant green-belt land forming part of the premises, and during repairs, renovation, maintenance and reconstruction, as these remain within the construction restriction.
GST paid on annual lease rental of land taken from the Government for construction of a factory was held to be blocked input tax credit under Section 17(5)(d), which overrides Section 16 through its non-obstante clause. The authority held that lease service obtained for the purpose of constructing immovable property on the taxable person's own account falls within the statutory bar, and refused to narrow the word "for" or read clause (d) down by reference to clause (c). It further held that the bar continues for pre-construction and post-construction periods, for vacant green-belt land forming part of the premises, and during repairs, renovation, maintenance and reconstruction, as these remain within the construction restriction.
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