ABOUT CLAIMING OF INPUT TAX CREDIT
This query is : Resolved
gaurav jain
(Querist)
01 February 2011
CAN A PERSON(OWNER) CAN CLAIM INPUT TAX CREDIT ON THE MATERIAL(CEMENT,IRON ETC) PURCHASED FOR CONSTRUCTION OF HOTEL.
Manmohan ACA, CS
(Expert)
01 February 2011
The definition of input given in Rule 2 (k) of the Cenvat Credit Rules, 2004 prescribes what will constitute an “input” on which Cenvat credit is available to an assessee. as per the definition credit of Cement, angles, channels CTD and TMT bars will not be eligible for Cenvat credit.
Rule 2(k) Explanation 2.— Input include goods used in the manufacture of capital goods which are further used in the factory of the manufacturer; but shall not include cement, angles, channels, centrally twisted Deform bar (CTD) or Thermo Mechanically Treated bar (TMT) and other items used for construction of factory shed, building or laying of foundation or making of structures for support of capital goods;
Rule 2(k) Explanation 2.— Input include goods used in the manufacture of capital goods which are further used in the factory of the manufacturer; but shall not include cement, angles, channels, centrally twisted Deform bar (CTD) or Thermo Mechanically Treated bar (TMT) and other items used for construction of factory shed, building or laying of foundation or making of structures for support of capital goods;
Anand Agarwal
(Expert)
03 February 2011
One cannot claim credit of VAT on material used for construction of immovable property.
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