ITC of GST restricted U/s. 17(5)(d) cannot be utilised

In re INOX Air Products Pvt. Ltd. (GST AAAR Tamilnadu) The final issue to be seen is that whether the entire manufacturing plant is to be construed as a ‘Plant and machinery’. As discussed in para supra, the Act do not define the terms ‘Plant’, ‘Machinery’, though the provision under Section 17(3) (d) says,- ‘goods or services or both received by a taxable person for construction of an immovable property (other than plant or machinery)’ The Explanation gives what is ‘Plant and Machinery’ and has a means, inclusive and exclusive limbs....