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Goods and Services Tax

ITC on Hotel Construction- AAR allows withdraw of application

Case Law Details

TaxGuru Citation
2019 taxguru.in 2416
Case Name
In re Geetastar Resorts Pvt. Ltd. (GST AAR Rajasthan)
Date of Judgement/Order
Only available for paid members
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In re Geetastar Resorts Pvt. Ltd. (GST AAR Rajasthan)

Whether Input Tax Credit on goods and services used in construction of hotel will be available to the applicant engaged in providing taxable services of hotel accomodation and related services?

Since the applicant has withdrawn the application, therefore, no ruling is given.

FULL TEXT OF ORDER OF AUTHORITY OF ADVANCE RULING, RAJASTHAN

Note: Under Section 100 of the CGST/ RGST Act, 2017, an appeal against this ruling lies before the Appellate Authority for Advance Ruling constituted under section 99 of CGST/ RGST Act, 2017. within a period of 30 days from the date of service of this order.

  • At the outset, we would like to make it clear that the provisions of both the CGST Act and the RGST Act are the same except for certain provisions. Therefore, unless a mention is specifically made to such dissimilar provisions, a reference to the CGST Act would also mean a reference to the same provision under the RGST Act. Further to the earlier, henceforth for the purposes of this Advance Ruling, a reference to such a similar provision under the CGST Act / RGST Act would be mentioned as being under the “GST Act”.
  • The issue raised by M/s Geetastar Resorts Pvt. Ltd., 601, Geeta Enclave, Vinobha Marg, C-Scheme, Jaipur, Rajasthan 302001 (hereinafter the applicant) is fit to pronounce advance ruling as it falls under the ambit of the Section 97(2) (d) given as under: –

d. Admissibility of input tax credit of tax paid or deemed to have been paid.

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