Can claim itc by supplier

This query is : Resolved

Ashim kr Ray (Querist)
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04 August 2018 Sir,

A supplier of state govt department supplying sand gravel ,stone chip ,brick can he can ITC on this product.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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05 August 2018 Yes he can claim ITC on this product.

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Ashim kr Ray

Ashim kr Ray (Querist)
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06 August 2018 Sir,

i have a bit confusion that work contractor who deal with non moveable such as building,fabrication etc can not claim ITC in GST, only ITC can be claim if its again transferable.
So here road is also non moveable then how can be ITC availiable.
Please you can clear my confusion .

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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06 August 2018 Building contractors (non movable) can claim ITC. Builders selling flats can claim ITC.
ITC can't be claimed on exempt sale.
Owner of the road can't claim ITC but contractors and material suppliers can claim ITC if their works/supply taxable.

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Ashim kr Ray

Ashim kr Ray (Querist)
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06 August 2018 Sir,
can you please give one example of work contract and work contract service . I cannot understand the main difference between this two concept , as per i can see work contractor gives both good and service then why this work contract service U/S 17(5)(c).

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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06 August 2018 It's both one and the same. Even material is involved it's called works contract service.

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