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    <title>2023 (9) TMI 165 - AUTHORITY FOR ADVANCE RULING, GUJARAT</title>
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    <description>The AAR Gujarat ruled that the applicant cannot claim input tax credit on services received for transfer of leasehold rights to GIDC land. The applicant intended to use the land for setting up/expanding a manufacturing plant, which involves construction activities. Under Section 17(5)(d) of CGST Act 2017, ITC is specifically barred on services received for construction of immovable property (other than plant and machinery) on own account, even when used for business purposes. The ruling emphasized that since the leasehold rights were acquired as a precursor to construction activities, the ITC restriction applies.</description>
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    <pubDate>Thu, 24 Aug 2023 00:00:00 +0530</pubDate>
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      <link>https://www.taxtmi.com/caselaws?id=442543</link>
      <description>The AAR Gujarat ruled that the applicant cannot claim input tax credit on services received for transfer of leasehold rights to GIDC land. The applicant intended to use the land for setting up/expanding a manufacturing plant, which involves construction activities. Under Section 17(5)(d) of CGST Act 2017, ITC is specifically barred on services received for construction of immovable property (other than plant and machinery) on own account, even when used for business purposes. The ruling emphasized that since the leasehold rights were acquired as a precursor to construction activities, the ITC restriction applies.</description>
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