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ITC of GST charged by builder (construction)

ITC / Input 272 views 6 replies
Hi

If we purchase a commercial space with 12% GST. and rented to some business.

Can we get ITC and utilize against rental GST when we get along with rent..
Replies (6)

As per My view.,

 

No... ITC not available

As per sec 17(5) Input credit of Works Contract services related to immovable property is available only the company in further supply of works contract service. Since you are in renting business you are not eligible for input credit
So I can't utilize 12% of GST (Input) which is charged on sale of immovable property on rental GST (Output)
So I (Buyer) can't utilize 12% of GST (Input) which is charged on sale of immovable property with rental GST (Output)

Orissa High Court Case - YES, ITC is available

 

https://www.caclubindia.com/articles/gst-itc-on-construction-of-immovable-properties-orissa-high-court-38094.asp

 

Matter is decided by this High court in our favour

matter may go to supreme court

but this is a big logic indeed

 

 

Ditto Case

Person is a builder

made a Mall 

for giving on rent

 

High court, said ITC allowed, no problems

So... pls see this link

see the KPMG Tax flaash on this same matter

https://www.in.kpmg.com/taxflaashnews/KPMG-Flash-News-Safari-Retreats-Pvt-Ltd.pdf

 


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