Input Tax Credit is not available on lift & elevators
Case Laws on Input Tax Credit is not available on lift & elevators
Lift has become the part of the building and Input Tax Credit shall not be available in terms of Section 17(5)(d) of the Central Goods and Services Tax Act, 2017. In this the Authority For Advance Ruling finds that lift consists of components or parts (goods) like car, motor, lift, rails, Ropes, etc, Summary of cases are mention here under :
1- Input Tax Credit is not admissible on Lift purchase as per the Section 17(5) (d) of Central Goods and Services Tax Act, 2017. -Authority For Advance Ruling-MP in the matter of Jabalpur Hotels Pvt. Ltd. [2020]
2- The Appellant will not be eligible to avail the Input Tax Credit in respect of the Goods and Services Tax paid on lift installation charges paid to the lift contractor, in terms of section 16(2)(b) read with Section 17(5)(c) & 17(5)(d) of the Central Goods and Services Tax Act, 2017. – Authority For Advance Ruling- Maharashtra in the matter of Las Palmas Co-Operative Housing Society Ltd. [2020])*
3- The input tax credit of tax paid on Lifts procured & installed in hotel building shall not be available – Authority For Advance Ruling-MP in the matter of Jabalpur Hotels Pvt. Ltd. [2020].
MADRAS HIGH COURT decision in the matter of Sri Shanmuga Hardwares Electricals Vs State Tax Officer.
- Goods and Services Tax Input tax credit can’t be rejected solely on grounds that Taxpayer had not claimed Input tax credit in GST-3B: Consider the Input tax credit claim in GSTR-9 Annual Return.
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