QUERY ON ITC CAN BE CLAIMED OR INELIGIBLE

This query is : Resolved

Somnath Porey (Querist)
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15 June 2023 CASE: A TRANSPORT BUSINESS ENTITY REG. WITH GST, DEALING IN GOODS (STONE CHIPS @5%), BUT HE DID NOT OWNED ANY VEHICLES, ALL VEHICLES WERE IN THE NAME OF OTHERS OR FROM ANY OTHER TRANSPORTER OR ELSE. AND HE SUPPLYING GOODS ON THOSE VEHICLES AND COLLECT THE GST ON STONE AND THE FARE CHARGE WHICH FALL UNDER RCM/FCM.

QUERY: AS THE PROPRIETOR DID NOT OWNED ANY VEHICLES, ALL VEHICLES WERE RENTED OR IN AGREEMENT WITH SOME PROPORTIONATE PROFIT, BUT THE PROPRIETOR (DEALING IN GOODS, STONE CHIPS) HAD INCURRED ALL THE EXPENSES TOWARDS THE VEHICLES, LIKE TYRES, ENGINE, ETC.
NOW MY QUESTION IS, IF THE PROPRIETOR PURCHASE GOODS FOR VEHICLES LIKE TYRES, CAN HE CLAIMED THE ITC ON THEM AS THE RATE OF TYRES IS FALL UNDER @28%.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)
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15 June 2023 ITC can be claimed if freight is charged in the stone supply bill with same rate of GST.

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