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Issue ID : 119245
- 0 -

second hand Generator for use in business

Date 07 Aug 2024
Replies5 Answers
Views 948 Views

My client is a GST-registered dealer . He purchased a secondhand generator to be installed and used in his Kalyana mandapam from another GST-registered dealer who was using it for his normal business as a capital asset. He has issued a sale bill charging GST. Can my client claim input credit..

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Replied on Aug 7, 2024
1.

Generator is plant and machinery and as such there is no restriction on using input tax credit subject to fulfillment of other terms and conditions in my opinion.

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Replied on Aug 8, 2024
2.

Since generator qualifies as plant and machinery, ITC is allowed. It is not immovable property. Go through the following decision of AAAR-Guj.

 IN RE : THE VARACHHA CO-OP. BANK LTD - 2023 (10) TMI 473 - APPELLATE AUTHORITY FOR ADVANCE RULING, GUJARAT

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Replied on Aug 10, 2024
3.

If your client is using this generator to provide services that are taxable under GST, he is eligible for this credit.

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Replied on Aug 10, 2024
4.

Though this is subject to fulfillment of other conditions in the law regarding invoice, payment, 2B reflection, etc.

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Replied on Aug 12, 2024
5.

Dear MSR sar,

Your client can claim ITC on the said generator as it is a plant & machinery and used for the purpose of business.

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