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sachin vs   07 June 2018

ITC on repairs and maintenance building.

can we take Input tax credit on repairs and maintenance work of company building....?


 10 Replies

Satyavir Rajput

Satyavir Rajput   07 June 2018

You can take ITC if not capitalise as per u/s 17(5)
prasad  Nilugal

prasad Nilugal (Sr . Accountant and GST Practitioner . )     07 June 2018

No , you can  not  take ITC  on repairs and maintenance  work of the company building as per the section 17 sub section 5 (d)   of the CGST act  2017 .

Vinod Babu

Vinod Babu   07 June 2018

ITC not available on goods and services received by taxable person on renovation ,alteration on immovable property not matter used in business other than plant and machinery you cant claim also if cost of interior capatalized towards cost of interior on your books of account refer section 17(5)(d) cgst
1 Like
sujayamallik

sujayamallik (Student CA IPC / IPCC)     28 November 2018

can i take credit on rented building repair and maintance 

CA Nilesh Kumar Tyagi

CA Nilesh Kumar Tyagi (Self Occupied)     28 December 2018

yes you can, to the extent not capitalised as per section 17(5). mean if it is charged to P&l then ypu can take the input.

 

Relevant Portion of Section 17(5) of CGST Act 2017 :-

(5) Notwithstanding anything contained in sub-section (1) of section 16 and sub- section (1) of section 18, input tax credit shall not be available in respect of the following, namely:—

……

(c)   works contract services when supplied for construction of an immovable property (other than plant and machinery) except where it is an input service for further supply of works contract service;
(d)   goods or services or both received by a taxable person for construction of an immovable property (other than plant or machinery) on his own account including when such goods or services or both are used in the course or furtherance of business.
    Explanation.—For the purposes of clauses (c)and (d), the expression “construction” includes re-construction, renovation, additions or alterations or repairs, to the extent of capitalisation, to the said immovable property;
2 Like
CA Roopa Nayak

CA Roopa Nayak (Specialized in Indirect Taxes)     28 December 2018

Yes such credit can be availed to extent it is used in course of business of making taxable supplies+not capitalised as immoveable property ie when the expense is written off to revenue/P&L A/c

Specific restriction is there to avail such credit when it is capitalised to immoveable property

 

1 Like
Sandeep Verma

Sandeep Verma (Chartered Accountant)     19 March 2019

Once we have established clear answers to the above 5 questions, decision with regards to the eligibility of credit can be taken. In view of the above discussion and legal text following factors would emerge.

 

Sr No

Type of Transaction

 

Credit Eligibility

Type of Inward Supply

Type of Property

 

Use of the property

Capital Expense

OR

Revenue Expense

1

Works Contract

Immovable Property

Own Use

Capital

No

2

Works Contract

Immovable Property

Own Use

Revenue

Yes

3

Works Contract

Immovable Property

For Further Supply in course of business

Revenue

Yes

4

Goods or Service purchased

Immovable Property

Own Use

Capital

No

5

Goods or Service purchased

Immovable Property

Own Use

Revenue

Yes

6

Goods or Service purchased

Immovable Property

For Further Supply in course of business (where immovable property itself is being supplied)

Revenue

Yes

7

Goods or Service purchased

Plant & Machinery

Own Use

Capital

Yes

8

Works Contract

Plant & Machinery

Own Use

Revenue

Yes

Jitendra

Jitendra (Asst.Manager Accounts)     11 August 2019

Hello Sandeep, I have read your detailed explanation as well as section 17(5). I have one query regarding ITC on repairs and maintenance of factory building. As one of my client has regular repair and maintenance of his factory building and all such expenses are charged to p&l a/c then he can avail ITC or not? As per your explanation he can take ITC on it but please read it carefully and explain the same "goods or services or both received by a taxable person for construction of an immovable property (other than plant and machinery) on his own account including such goods or services or both are used in course of furtherance of business;"
Jitendra

Jitendra (Asst.Manager Accounts)     12 August 2019

I have read your detailed explanation as well as section 17(5). I have one query regarding ITC on repairs and maintenance of factory building. As one of my client has regular repair and maintenance of his factory building and all such expenses are charged to p&l a/c then he can avail ITC or not? As per your explanation he can take ITC on it but please read it carefully and explain the same "goods or services or both received by a taxable person for construction of an immovable property (other than plant and machinery) on his own account including such goods or services or both are used in course of furtherance of business;"
Neethi V. Kannanth

Neethi V. Kannanth (.)     29 January 2021

ITC can be availed to the extent such expenditure on repairs and maintenance is not capitalized.


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