Tax Management India. Com
                            Law and Practice: A Digital eBook ...
TMI - Tax Management India. Com
Case Laws Acts / Rules Notifications Circulars Tariff/ ITC HSN Forms Manuals SMS News Articles Highlights
        Home        
 
Discussions Forum
Home Forum Goods and Services Tax - GST This
A Public Forum.
Anyone can participate to share knowledge.
We acknowledge the contributions of Experts/ Authors.

Submit new Issue / Query

← Previous Next →

Input tax credit on work, Goods and Services Tax - GST

Issue Id: - 113973
Dated: 23-7-2018
By:- Ajay Sahi
Input tax credit on work

  • Contents

Sir

Can contractors claim input tax on materials purchased for contruction of govt building?

Post Reply

Posts / Replies

Showing Replies 1 to 13 of 13 Records

1 Dated: 23-7-2018
By:- Alkesh Jani

Sir,

As per section 17(5) (c) of the CGST Act, 2017, input tax credit shall not be available in respect of the 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.

In my point of view ITC is not available, whether it is a Govt. Building or other immovable property.

Thanks


2 Dated: 23-7-2018
By:- KASTURI SETHI

ITC is not available.


3 Dated: 23-7-2018
By:- DR.MARIAPPAN GOVINDARAJAN

I endorse the views of Shri Alkesh.


4 Dated: 24-7-2018
By:- Himansu Sekhar

I differ with the views of the Experts

1. There is no bar for taking credit on the goods while providing the WCS.

2. The WCS received is not eligible for credit

3. Even under Sec 68, , of FA 1994, there was no bar of taking the credit on the inputs if no abatement was preferred.


5 Dated: 24-7-2018
By:- Himansu Sekhar

a correction at point no. 2

received by the service recepinet if he not the main contractor


6 Dated: 25-7-2018
By:- Ganeshan Kalyani

With due respect to experts, my view is that for a contractor it is an input service to provide works contract service so input tax credit is eligible.


7 Dated: 26-7-2018
By:- KASTURI SETHI

.............. if contractor receives from sub-contractor. No other way out to avail ITC on material.


8 Dated: 26-7-2018
By:- Himansu Sekhar

Sir, kindly go through the minutes of 20th gst council meeting. Credit on materials is clarified there. In my view, there is no ground for denying the credit. Sec 17 has not put any bar also.


9 Dated: 26-7-2018
By:- Alkesh Jani

Sir,

I am thankful to our experts for expressing their valuable views. In this regards, I wish to add that here as per the query raised, the querist seems to be main contractor, further, the opening lines of Section 17 (5) clearly mentions “input tax credit shall not be available” the definition of “Input tax” is given at Section 2 (62) of CGST Act, 2017, which implies of goods and services and closing lines states that “except where it is an input service for further supply of works contract service”. Therefore, as the querist not providing further supply, ITC is not available. As we know that ITC taken (although not utilized) will lead to litigation matters in future. I am also of the view that any decision of council or circular or any notification, shall not have over-riding effect over the law.

In view of above, I stand still to the views expressed earlier.

Thanks


10 Dated: 26-7-2018
By:- Himansu Sekhar

With humility I welcome the enriching discussions by the experts albeit have a different vide on the following grounds;

Clause (c) of Sub sec. 5 of Sec 17 prohibits the works contract services to the recepient when such services are used for construction of immovable property except plant and machineries.\

Such exception is not applicable to the Service provider because the materials are used for providing the services. The gross value attracts the GST.


11 Dated: 27-7-2018
By:- Ajay Sahi

Thanks to all for valuable input. Still as a contractor supplying the works contract service for contruction of govt building even if its immovable, ITC on purchases of materials to be utilized for the contruction can be availed as its for the furtherance of the business...


12 Dated: 28-7-2018
By:- MUKUND THAKKAR

ITC available in case of WCT is case of immovable property as per definition of works contract.2(119).

(iv) Works contract services when supplied for construction of immovable property, other
than plant and machinery, except where it is for further supply of works contract service;

It is important to note that credit of GST paid on works contract services will be allowed only if
the output is also works contract services.


13 Dated: 1-8-2018
By:- Ganeshan Kalyani

Here, the querist is a receipt of construction service or he himself providing the construction service is not clear. If he is recipient then obviously credit is not allowed. And if he is providing the service then also it is obvious that credit is allowed.


1

Post Reply

← Previous Next →
Discussion Forum
what is new what is new
 


|| Home || About us || Feedback || Contact us || Disclaimer || Terms of Use || Privacy Policy || TMI Database || Members ||

© Taxmanagementindia.com [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.