TaxTMI 
TaxTMI 
2020 (7) TMI 82
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....on is specifically made to any dissimilar provisions, a reference to the CGST Act would also mean a reference to the same provision under the MGST Act. Further to the earlier, henceforth for the purposes of this Advance Ruling, the expression 'GST Act' would mean CGST Act and MGST Act. 2. FACTS AND CONTENTION - AS PER THE APPLICANT The submissions made by the applicant is as under:- 2.1 Applicant has completed construction of one property located at Plot A 195, Khairane Road, Khairane MIDC, TTC Industrial Area, Navi Mumbai (hereinafter called as 'Said Property) and has availed ITC on receipt of supply of various goods and services for pre & post construction of said Property, which are as under:- Sr. No. Nature of Supply Pre OR Post Construction 1. Architecture Services Pre 2. Consultancy Services Both 3. Brokerage Post 4. Certificate Services Pre 5. Steel Both 6. Cement Both 7. Furniture & Fixture Post 8. Equipment Both 9. Labour charges Both 10. Works Contract Pre 2.2 Applicant is involved in construction of immovable property for letting out to various tenants on wh....
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....es except input GST related to property are forming part of the applicant's assets. For income tax purpose the applicant is treating this as House Property Income therefore depreciation is not claimed on the said property. 03. CONTENTION - AS PER THE JURISDICTIONAL OFFICER: The submissions made by the jurisdictional officer is as under:- 3.1 Applicant is engaged in renting of immovable property services and would like to know the admissibility of the input tax of various goods and services pre and post construction paid for construction of one of his properties, which assesse has completed. 3.2 In present case as the activity of construction is already completed and Occupancy Certificate is obtained by the applicant in August 2019, issue raised by applicant, being related to ITC from construction activity, is not relevant. Further as per the credit ledger of the applicant from online portal, total available. ITC at end of Aug 2019 is Rs. NIL. Since the construction activity of the applicant has already been completed, as per Section 95 (a) of CGST/MGST Act, the application is required to be rejected. 3.3 However, if the application is admitted the following submissio....
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....r input tax credit of goods and services used in construction of the commercial immovable property subsequently used for renting. 04. HEARING 4.1 Preliminary hearing in the matter was held on 06.02.2020. Shri Mohit Manglani, C.A., and Authorized Representative, appeared and requested for admission of the application. Shri Mohit Manglani also sought adjournment to submit relevant documents. Jurisdictional Officer Shri Madan Shelke, Assistant Commissioner. of State Tax (D-928) Nodal - 6, Mumbai also appeared and made written submissions. 4.2 The case was called for hearing on 03.03.2020. Shri Mohit Manglani, Authorized Representative appeared along with Shri Ashish Hansoti and made oral as well as written Submission. Jurisdictional Officer Shri Madan Shelke, Assistant Commissioner of Sales tax (D -928) Nodal - 6, Mumbai also appeared. We heard both the sides. 05. DISCUSSIONS AND FINDINGS: 5.1 We have gone through the facts of the case, documents on record and written submissions made by both, the applicant as well as the jurisdictional authority. 5.2 From a perusal of submissions made by the applicant, we observe that the applicant has raised the subject question in....
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....subject case and thus the applicant cannot avail input tax credit. 5.6 We find that, in the case of Sree Varalakshmi Mahaal LLP, the Advance Ruling Authority in Tamil Nadu = 2020 (1) TMI 31 - AUTHORITY FOR ADVANCE RULING, TAMILNADU, (as cited by the jurisdictional officer), the Advance Ruling Authority in Tamil Nadu, while deciding application u/s 97(2)(d) raised on the question "Whether the Input Tax Credit available on spent for construction of building materials can be claimed and utilized to nullify the cascading effect of taxation?" has ruled that, No Input Tax Credit is available against any goods or services received by the applicant for construction of Marriage Hall on his own account even if used in the course, or furtherance of his business of renting the place. The decision made in the Sree Varalakshmi Mahaal LLP case is squarely applicable in the subject case also. 5.7. Further, the decision by the Advance Ruling Authority in West Bengal in the case of GGL HOTEL AND RESORT COMPANY LIMITED = 2019 (1) TMI 488 - AUTHORITY FOR ADVANCE RULING, WEST BENGAL has also been cited by the jurisdictional officer but we find that the facts of that case are not at all similar to....