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TMI BlogInput crditX X X X Extracts X X X X X X X X Extracts X X X X ..... Input crdit X X X X Extracts X X X X X X X X Extracts X X X X ..... he builder will issue a bill with GST. Can they claim the GST thus paid to the builder as input credit from their output tax liability on sale of their products in the normal course? Kindly clarify Thanking you, C A M S Ramachandran, Mobile 9447776812 Reply By Rajagopalan Ranganathan: The Reply: Sir, According to Section 17 (5) (d) of CGST Act, 2017 "Notwithstanding anything contained in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sub-section (1) of section 16 and sub-section (1) of section 18, input tax credit shall not be available in respect of goods or services or both received by a taxable person for construction of an immovable property (other than plant or machinery) on his own account including when such goods or services or both are used in the course or furtherance of business. Explanation. - For the purposes of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... clauses (c) and (d), the expression "construction" includes re-construction, renovation, additions or alterations or repairs, to the extent of capitalisation, to the said immovable property." Reply By Shilpi Jain: The Reply: You could try taking the credit and reverse under protest immediately with intimation to department and subsequently based on the outcome of the decision in Safari ret ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... reats can see if the benefit of credit can be taken. Though dispute free answer would be to not avail as the provision does not permit. Reply By KASTURI SETHI: The Reply: It is not safe to take ITC in the scenario explained by you. As per Section 17(5)(d), ITC is not admissible. The department has challenged the judgement of Safari Treats (Pvt.) Ltd in the Supreme Court on 8.11.19 = 2020 (3) TMI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1150 - SC ORDER which is still pending decision. Since the matter is sub judice, AAR Karnataka in respect of Vikram Traders reported as 2020 (35) G.S.T.L. 490 (A.A.R. - GST - Kar.) = 2020 (3) TMI 893 - AUTHORITY FOR ADVANCE RULING, KARNATAKA has rejected the application of the party on this very ground. If ITC is taken, it is certain that the department will issue SCN Reply By Shilpi Jain: The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Reply: I very much agree with your view sir. That is why I have suggested to take the credit and reverse it under protest which will have no risk for the taxpayer but only a benefit for the reason that he can take back the credit once any favaourable decision comes in his favour. Reply By KASTURI SETHI: The Reply: Respected madam, Here question arises whether reversal of ITC UNDER PROTEST lega ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lly valid ? The protest is lodged only when department directs to pay duty. Take credit on your own and thereafter reverse on your own under protest. Will you please throw light how legally valid ? Any legal force. With due regards. Reply By Ganeshan Kalyani: The Reply: Sir, ITC is not allowed as per plain reading of Sec.17(5). Reply By YAGAY andSUN: The Reply: We are in agreement with Sethi S ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ir. X X X X Extracts X X X X X X X X Extracts X X X X
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