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Availability of itc under gst
As per sec17(5)d of cgst act ITC is blocked on receipt of goods or services for construction of immovable property.If the said capital goods are capitalised no ITC available else ITC available if shown as expenses in p/l a/c.but there are so many advance ruling,some allow ITC and other disallow ITC.Ref.AAR tarun realator pvt.ltd.,Karnataka DT.30.9.18 disallowing ITC and Rajasthan AAR DT.30.4.19 in rambagh hotel pvt.ltd.allowing ITC .which one is correct?
Replies (3)
AAR ruling is binding only on the applicant who sought it. but it impacts on assesse with same issue .
,The AAR constitute in GST in aim to help Taxpayer , but in few states the AAR rulings give rise to confusion & Litigation.
So , don't follow the rulings issued by AAR.
,The AAR constitute in GST in aim to help Taxpayer , but in few states the AAR rulings give rise to confusion & Litigation.
So , don't follow the rulings issued by AAR.
Yes.... I agreed to Mr Pankaj Rawat's view...
@ Sabita Sahoo.,
Yes... You are correct.
Also the same rule is correct if the said expenses is actual expenses. Mean repairs and maintenance will be actual as any repairing works...
Otherwise new activities/Cinstruction can't as RM...
@ Sabita Sahoo.,
Yes... You are correct.
Also the same rule is correct if the said expenses is actual expenses. Mean repairs and maintenance will be actual as any repairing works...
Otherwise new activities/Cinstruction can't as RM...
Thanks you both for your reply.
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