09 October 2021
a company set up concert plant and install machinery on earth like Roader etc. after 2-3 year when project complete, such machinery move to other place and such set up like construction, dismantling. my question is: can we take ITC on GST paid on Raw Materials purchases for such constructions set-up as a part of fixed assets set up on earth.
09 October 2021
As per the Act, P&M doesn't include the following land, building and other civil structures. Accordingly if ITC taken on the materials for construction of land, building and other civil structures are not allowed. Otherwise ITC is allowed. For example, a lift is a P&M but it is installed with the help of building, so this is not eligible. Whereas a machine is installed with the support of small foundation is eligible, according to me.
A foundation is not necessarily a building or a civil structure, according to my opinion. A civil structure has no definite meaning though. It may be difficult to opine exactly.
If the ITC on such materials are not huge, you can ignore or take ITC and fight against the department in case they object the same.
CAclubindia
