ASST. AUDIT OFFICER
24 Points
Joined October 2010
Recently we came across two divergent decision of H'on. GVAT Tribunal
on ITC on goods used in construction of foundation/structure, on which
capital goods was mounted.
The definition of capital goods in the GVAT act read as:
“capital goods” means plant and machinery (other than
second hand plant and machinery) meant for use in manufacture of
taxable goods and accounted as capital assets in the books of
accounts;”.
The above definition clearly suggests that capital goods should be
plant and machinery first. Hence the act made a difference between the
capital goods and capital assets. It also may be seen the different
taxation acts used these words in accordance with the nature of act.
Hence, the ITC on the goods used in construction of such fondation/
structure isn't admissable.
Kindly share the practice prevalant in other states