Dear Sir,
One of our client purchased a commercial building and entered into leased business. He paid GST to the builder on O&M Charges for maintaining the park.
And our client given that premises to lease and collect GST from his tenent on Rent and O&M.
Q: Shall my client avail ITC of GST paid on O&M charges to the Builder against what he collected from his tenent .
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ITC- GST Paid on O&M charges one time
Replies (3)
Operational and maintenance charges not being in the nature of works contract or immovable property, can be availed unless restricted elsewhere in Section 17(5).
As such it is not allowed as per section 17(5). But there is a favourable judgement of Orissa High Court in the case of Safari Retreats. However the same has been challenged in Supreme Court.
Take professional opinion in this regard.
Used for maintenance in movable assets -ITC Eligible.
Better check the scenario.
Better check the scenario.
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