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