ITC is available in relation to construction of immovable property; Know Conditions || CA (Adv) Bimal Jain
☑️ 📛⚠️ Input Tax Credit (ITC) is available on re-construction, renovation, additions or repairs: #ITC
📢 ITC is available on re-construction, renovation, additions or repairs only when such expenses not capitalised in books: WB AAAR
➡️ The respondent company, which constructed a warehouse and leased it out, sought an advance ruling on their eligibility for input tax credit (ITC) related to construction costs.
➡️ The West Bengal Authority for Advance Ruling (WBAAR) initially ruled that ITC was not available for construction expenses that were capitalized in the respondent's books, but ITC could be claimed for construction expenses not capitalized.
➡️ According to Section 17(5)(c) and (d) of the CGST Act, ITC is not available for goods and services received for the construction of immovable property, classifying such credit as blocked.
➡️ ITC is also not available for costs related to reconstruction, renovation, additions, or alterations that are capitalized; however, if such expenses are not capitalized, ITC may be claimed.
➡️ The ruling by WBAAR was found to be incorrect as it applied capitalization conditions to both initial construction and later modifications like reconstruction or renovation, thus necessitating a modification of their ruling.
✔️ AAAR-WEST BENGAL - Bathula Mahesh Babu, In re [APPEAL CASE NO. 04/WBAAAR/APPEAL/2023]
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19 мар 2024