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AVAILEMENT OF GST CREDIT
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....VAILEMENT OF GST CREDIT<br> Query (Issue) Started By: - SURYAKANT MITHBAVKAR Dated:- 18-3-2023 Last Reply Date:- 8-4-2023 Goods and Services Tax - GST<br>Got 9 Replies<br>GST<br>We are manufacturing of Pharma Machinery registered under GST Act. We have buy new Factory Gala. The maintaining the same we have did some renovation work in the same gala & capitalised the same in our books. The vendor wh....
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....o did work has issued GST Tax invoice charging GST whether we are eligible to avail GST credit for the same. Reply By Amit Agrawal: The Reply: ITC is not available in given case as subject renovation expenses are capitalised in your books to the immovable property. These are ex facie views of mine and the same should not be construed as professional advice / suggestion. Reply By SUDHAKAR SIVA....
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....RAMAN: The Reply: Input tax credit cannot be claimed since you are not eligible to take credit on expenses incurred for renovation of any immovable property except for creating foundation work for installing plant and machineries. Further even if you purchased any construction material like steel, cement etc directly then also you are not eligible to take credit on such expenses. Reply By KASTU....
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....RI SETHI: The Reply: Renovation expenses can be treated as revenue expenditure. What is the reason of capitalizing the same in books of accounts ? Reply By SUDHAKAR SIVARAMAN: The Reply: Even if it's revenue nature no input tax credit allowed as per GST law. Reply By Amit Agrawal: The Reply: Explanation for Clause (c) & (d) of Section 17 (5) of the CGST Act, 2017 is worth noting in the conte....
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....xt of query raised: "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;" These are ex facie views of mine and the same should not be construed as professional advice / suggestion. Reply By KASTURI SETHI: The Repl....
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....y: In order to be eligible for ITC on renovation expenses, the querist should have shown these expenses in Profit and Loss Account. Reply By Padmanathan Kollengode: The Reply: Agree with the views of Experts Amit ji and Kasturi Sir. Pls note the following provisions: 17 (5) Notwithstanding anything contained in sub-section (1) of section 16 and sub-section (1) of section 18, input tax credit s....
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....hall not be available in respect of the following, namely:- (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 h....
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....is 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; Since in the instant case, the work done has been capitalized....
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.... in the books, it shall be treated as "construction of an immovable property" and ITC shall not be available. Reply By Shilpi Jain: The Reply: What is a factory gala? Reply By Kapil Gupta: The Reply: I agree with all experts but still most of the professionals and tax officers are disallowing ITC on construction/renovation activities irrespective of its treatment in books.<br> Discus....
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