Tax Management India. Com
                        Law and Practice: A Digital eBook ...

Category of Documents

TMI - Tax Management India. Com
Case Laws Acts Notifications Circulars Classification Forms Manuals SMS News Articles
D. Forum
What's New


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 →

ITC ELIGIBILITY, Goods and Services Tax - GST

Issue Id: - 115520
Dated: 12-10-2019

  • Contents

Dear Experts,

WE are not clear about ITC eligibility to avail on the following items.

1. New investments made and Booked in Factory Building account such as Purchase of Steel, Cement, paint, Labor charges

2. New Investments made and Booked in Factory Building account such as Partition items like panel wall, aluminum walls, puffed panels

3. Repair expenses incurred and Booked in Building maintenance such as Purchase of Steel, Cement, paints, labour charges, partition items like puffed walls, aluminium walls partitions etc

Post Reply

Posts / Replies

Showing Replies 1 to 5 of 5 Records

1 Dated: 12-10-2019
By:- Shyam Naik

GST on Goods and Services received for construction of immovable property, to the extent capitalized in books and accounts are ineligible ITC.

Accordingly, amount booked in Factory Building are ineligible credit.

So far Building Maintenance is concerned, it may be available. However, there are some adverse judgments by AAR.

2 Dated: 12-10-2019
By:- atul rathod

ITC would be ineligible as the same would be treated as construction on own account.

Further construction Includes repairs, renovation etc to the extent of capitalization. Therefore if the said expenses are capitalized - credit ineligible & if charged to P&L - credit eligible.

However It is advice to look at orrisa high court judgement if the quantum of credit is very huge. Though the transaction is not similar but principle laid down is the same.

3 Dated: 14-10-2019

Dear Querist,

You are advised to go by the CGST Act in your own interest. This judgement is most likely to be challenged by the Department in the Supreme Court. The appeal period for filing SLP by the Department is not yet over.

4 Dated: 14-10-2019
By:- Ganeshan Kalyani

ITC is eligible for point no 3.

5 Dated: 15-10-2019

ITC is not eligible item mention by you.all items are covered as part of prefabricates building. it is restricted credit under sec 17(5).


Post Reply

← Previous Next →

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

© [A unit of MS Knowledge Processing Pvt. Ltd.] All rights reserved.
|| Site Map - Recent || Site Map || ||