TaxTMI 
TaxTMI 
2020 (6) TMI 482
X X X X Extracts X X X X
X X X X Extracts X X X X
....directions and vision of the government, Deendayal Port trust is developing one of India's first Smart Industrial Port City (SIPC) within Gandhidham-Kandla-Adipur Complex as part of the Sagarmala project. SIPC Kandla aims to help industries and local economy grow by providing better infrastructure facilities along with a supportive environment to thrive in. The smart city will be green field project and DPT earmarked two land parcels it owns for this Development i.e. Location 1 and Location 2. The First Location is in the heart of Gandhidham City and shall be developed as Mixed Use Residential Development spread over 580 Acres of DPT owned Land. This Integrated Development shall have Residential Development (45.22%), Institutional Devel....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ernment in this regard DPT is liable for GST, on the upfront premium receivable, under the category of Real Estate Service (HSN 9972). Considering these facts, DPT is in dilemma, whether the "Input Tax Credit" for expenses at Sr. No. 1 to 6 above shall be available to DPT or not? DISCUSSION & FINDINGS 4. We have considered the submissions made by the applicant in their application for advance ruling as well as at the time of personal hearing. The issue involved in this case pertains to 'Input Tax Credit' under the Central Goods and Services Tax Act, 2017 (herein after referred to as the 'CGST Act'). The applicant is a port trust running a major port at Kandla. Under the directions of the ministry of shipping to utilize the la....
X X X X Extracts X X X X
X X X X Extracts X X X X
....ctions as may be prescribed and in the manner specified in section 49, be entitled to take credit of input tax charged on any supply of goods or services or both to him which are used or intended to be used in the course or furtherance of his business and the said amount shall be credited to the electronic credit ledger of such person.] 6. It is further observed that sub-section (5) of Section 17 of the CGST Act denies input tax credit in respect of goods and services specified there-under. For ease of reference the same is reproduced as follows:- [(5) Notwithstanding anything contained in sub-section (1) of section 16 and subsection (1) of section 18, input tax credit shall not be available in respect of the following, namely:-....
X X X X Extracts X X X X
X X X X Extracts X X X X
.... concession; (c) works contract services when supplied for construction of an immovable property (other than plant and machinery) except where it is an input service for further supply of works contract service; (d) goods or services or both received by a taxable person for construction of an immovable property (other than plant or machinery) on his own account including when such goods or services or both are used in the course or furtherance of business. Explanation.--For the purposes of clauses (c) and (d), the expression "construction" includes re-construction, renovation, additions or alterations or repairs, to the extent of capitalisation, to the said immovable property; (e) goods or services or bot....