AI OCR 
TaxTMI 
TaxTMI 
TaxTMI 
2024 (7) TMI 982
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....eters new 66 KV S/cable (3+1), 630 mm square aluminium corrugated sheath U/G cable line from 66 KV Palej substation of GEICO to their switchyard at their Palej factory. 4. For the aforementioned requirement of laying a new 66 KV line, GETCO has offered two options viz,- i. either carry out above work from GETCO itself; ii. to do the above work on their own [as per option 3 of GETCO estimate for 1000 KVA] under supervision of GETCO. The applicant chose the second option as mentioned supra. Thus, as per the requirements provided by GETCO, they have to purchase materials for installation of 1000 KVA facility & handover the same to GETCO who will provide installation and supervision service. It will be maintained by GETCO & all the goods and equipment used in the said line which will be installed outside the factory premises will be a property of GETCO. 5. The applicant further states that they purchased the goods/materials from M/s. H M Electrical, Bharuch, Gujarat, the details of which are as under: Particulars Supply of material Installation work Total (Rs.) Basic Value 95.41.500 32,80.750 1,28,22,250 GST @ 18% 17.17,470 5,90,535 23.08.005 Total (Rs.) 1,12,58,97....
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....r land and building, but allows ITC on apparatus, equipment and machinery fixed to earth by foundation or structural support that are used for making outward supply of goods or services or both and includes such foundation and structural supports; * that the only exception in respect of plant and machinery are,- (i) land, building or any other civil structures; (ii) telecommunication towers; and (iii) pipelines laid outside the factory premises; * that they would like to rely on the below mentioned judgements viz * M/s. Prism Cement Ltd. 2017 (3) TMl 1283-CESTAT New Delhi. * Ms. Calcom Cement India Ltd. 2017 (9) TMI 274 CESTAT New Delhi. * M/s. Hindustan Coca Cola Beverages P Ltd. 2017 (6) TMI 846 CESTAT Ahmedabad. Discussion and findings 13. At the outset, we would like to state that the provisions of both the CGST Act and the GGST Act are the same except for certain provisions. Therefore, unless a mention is specifically made to such dissimilar provisions, a reference to the GGST Act would also mean a reference to the same provisions under the GGST Act. 14. We have considered the submissions made by the applicant in their application for advance ruling as well ....
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....f such supply has been actually paid to the Government, either in cash or through utilisation of input tax credit admissible in respect of the said supply; and (d) he has furnished the return under section 39: Provided that where the goods against an invoice are received in lots or instalments, the registered person shall be entitled to take credit upon receipt of the last lot or instalment: Provided further that where a recipient fails to pay to the supplier of goods or services or both, other than the supplies on which tax is payable on reverse charge basis, the amount towards the value of supply along with tax payable thereon within a period of one hundred and eighty days from the date of issue of invoice by the supplier, an amount equal to the input tax credit availed by the recipient shall be 9 [paid by him along with interest payable under section 50]. in such manner as may be prescribed: Provided also that the recipient shall be entitled to avail of the credit of input tax on payment made by him [to the supplier] of the amount towards the value of supply of goods or services or both along with tax payable thereon. (3) Where the registered person has claimed depreci....
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....d in Schedule III, '[except, (i) the value of activities or transactions specified in paragraph 5 of the said Schedule: and (ii) the value of such activities or transactions as may be prescribed in respect of clause (a) of paragraph 8 of the said Schedule.];] (4) A banking company or a financial institution including a non-banking financial company, engaged in supplying services by way of accepting deposits, extending loans or advances shall have the option to either comply with the provisions of sub-section (2), or avail of every month, an amount equal to fifty per cent, of the eligible input tax credit on inputs, capital goods and input services in that month and the rest shall lapse: Provided that the option once exercised shall not be withdrawn during the remaining part of the financial year: Provided further that the restriction of fifty per cent, shall not apply to the tax paid on supplies made by one registered person to another registered person having the Same Permanent Account Number. (5) Notwithstanding anything contained in sub-section (1) of section 16 and sub-section (1) of section 18, input tax credit shall not be available in respect of the following....
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....only on the basic value and installation charges; that they will avail credit of the ITC; that they subsequently have to transfer it to GETCO in terms of an agreement on a stamp paper; that the goods will be the property of GETCO. 18. Section 16 of the CGST Act, 2017 which deals with eligibility and conditions for availing ITC [input tax credit] states as follows:- * every registered person shall, be entitled to take credit of ITC charged on any supply of goods or services which are used or intended to be used in the course or furtherance of his business; * that ITC shall be entitled if he is in possession of a tax invoice raised by a supplier registered under this Act; * that the details of the invoice has been furnished by the supplier in the statement of outward supplies and such details have been communicated to the recipient of such invoice; that he has received the goods or services; * that details of ITC in respect of the said supply communicated to such registered person under section 38 is not restricted; * that return is furnished under section 39, ibid'. * that the amount towards the value of supply along with tax has been paid within a period of one hun....