ITC available on GST charged by contractor supplying service of works contract to extent of machine foundation


Quick Summary
The Telangana AAR has ruled that Input Tax Credit (ITC) is available on GST charged by contractors for works contract services, specifically for machine foundations. This ruling clarifies that while ITC is generally blocked for constructing immovable property, it can be claimed for plant and machinery, including the foundations that support them. However, ITC is not applicable to other civil structures or buildings.

Court :
AAR Telangana

Brief :
The Hon'ble AAR Telangana in the matter of M/S. Vijayneha Polymers Pvt. Ltd. [Advance Ruling No. A.R.Com/13/202 TSAAR Order No.29/2021 dated December 9, 2021] held that, Input Tax Credit ("ITC") can be availed on GST charged by contractor supplying service of works contract to extent of machine foundation as per Section 17(5)(c) of the Central Goods and Services Tax Act, 2017 ("CGST Act").

Citation :
Advance Ruling No. A.R.Com/13/202 TSAAR Order No.29/2021 dated December 9, 2021

The Hon'ble AAR Telangana in the matter of M/S. Vijayneha Polymers Pvt. Ltd. [Advance Ruling No. A.R.Com/13/202 TSAAR Order No.29/2021 dated December 9, 2021] held that, Input Tax Credit ("ITC") can be availed on GST charged by contractor supplying service of works contract to extent of machine foundation as per Section 17(5)(c) of the Central Goods and Services Tax Act, 2017 ("CGST Act").

Facts

M/s. Vijayaneha Polymers Pvt. Ltd. ("the Applicant") has constructed a factory building wherein they have hired works contractors for executing the construction by way of providing material where contractor provided construction services or the contractor provided both material and services.

Such construction included foundation of machinery, rooms for chillers, boilers, generators and transformers, erecting of electrical poles, laying of internal roads, factory building, internal drainage, laboratory etc.,

Issue

Whether ITC is available on GST charged by the contractor supplying service of works contract?

Held

The Hon'ble AAR Telangana in Advance Ruling No. A.R.Com/13/202 TSAAR Order No.29/2021 dated December 9, 2021 held as under:

  • Observed that, the Applicant has either purchased goods or services for construction of immovable property on his own account or engaged the works contractor for supply of construction services.
  • Analysed Section 17(5) of the CGST Act and opined as under:
  • ITC cannot be availed on works contract services for construction of an immovable property except for erection of plant & machinery.
  • ITC can be availed on plant & machinery as defined in the explanation to Section 17 i.e., on apparatus, equipment & machinery fixed to earth by foundation or structural support; which means plant & machinery and machine foundation are eligible for ITC.
  • Plant & machinery will not include building or other civil structures and pipelines laid outside factory premises.
  • ITC cannot be availed on goods or services or both received by a taxpayer on his own account for construction of immovable property.
  • Held that, the Applicant would be eligible for ITC to the extent of machine foundation only.

FAQ :

Generally, ITC is blocked for works contract services used for constructing immovable property. However, an exception exists for the erection of plant and machinery.

Yes, the Telangana AAR has ruled that ITC is available on GST charged for machine foundations, as they are considered part of plant and machinery eligible for ITC.

Plant and machinery includes apparatus, equipment, and machinery fixed to the earth by foundation or structural support. Machine foundations themselves are eligible for ITC.

Plant and machinery does not include buildings or other civil structures, nor does it include pipelines laid outside factory premises.

No, ITC cannot be claimed on goods or services received for the construction of immovable property, including buildings and other civil structures, unless they are part of eligible plant and machinery.

 



Judgement posted by

Service

FCA, FCS LLB with21 Yrs of Experience inTaxation Indirect and Direct: Education Qualification: B.Com (Hons) Chartered Accountants Company Secretary LLB Qualified SAP FI/CO Consultants Professional Membership: Chairmanof Indirect Tax Committee of PHD Chamber of Commerce Member of Indirec ... Read more

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