Sponsored
    Follow Us:

Case Law Details

Case Name : In re Suswani Foundations Private Limited (GST AAR Tamilnadu)
Appeal Number : Advance Ruling Order No. 123/AAR/2023
Date of Judgement/Order : 19/12/2023
Related Assessment Year :
Become a Premium member to Download. If you are already a Premium member, Login here to access.
Sponsored

In re Suswani Foundations Private Limited (GST AAR Tamilnadu)

Introduction: The case of Suswani Foundations Private Limited, seeking Advance Ruling in Tamilnadu regarding Input Tax Credit (ITC) availability under GST for constructing godowns, brings forth critical considerations under Section 17(5)(d) of the CGST Act. This analysis delves into the details and implications of the ruling.

Detailed Analysis

The applicant, Suswani Foundations Private Limited, aims to construct godowns for commercial purposes, intending to rent them out to registered dealers. They seek clarity on whether ITC is available for inputs used in the construction process. The crux of their argument lies in their interpretation of Section 17(5)(d) of the CGST Act, contending that since the godowns serve as the source of income, they should be entitled to claim ITC.

However, the jurisdictional authorities maintain that as per Section 17(5)(d), ITC is not available for inputs used in constructing immovable property for one’s own account, irrespective of whether it’s for furthering business purposes. They emphasize that this includes all goods and services used in the establishment of such property, such as materials like cement, steel, and services provided by architects or consultants.

Please become a Premium member. If you are already a Premium member, login here to access the full content.

Sponsored

Join Taxguru’s Network for Latest updates on Income Tax, GST, Company Law, Corporate Laws and other related subjects.

Leave a Comment

Your email address will not be published. Required fields are marked *

Sponsored
Sponsored
Search Post by Date
July 2024
M T W T F S S
1234567
891011121314
15161718192021
22232425262728
293031