2019 (2) TMI 1739 - AAR - GST

Input tax credit - credit of GST paid on goods and services used as inputs in execution of Works Contracts specifically in execution of Road work contracts to Government Engineering Department - on which type of goods and services the ITC is not eligible? - HELD THAT - The applicant is providing work contract service for construction of road and the issue is to be clarified whether they are restricted to claim input Tax Credit in terms of clause (c) or (d) of sub-section 5 of section 17 of CGST ACT 2017 - ITC for works contract can be availed by the applicant as he is in the same line of business and entitled to take ITC on the tax invoice raised by his supplies as his output is works contract services. Restriction of ITC is applicable as per Section 17 (5)(d) - HELD THAT - Section 17 (5)(d) reads as 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 - Even as per the provision of Section 17(5) (d), this authority concurs with the opinion of the applicant that he does not fall under this ineligible category.

Summary

Issues:
- Eligibility for Input Tax Credit (ITC) in respect of GST paid on goods and services used in works contracts
- Application of Section 17(5)(c) and Section 17(5)(d) of the CGST Act 2017

Analysis:

Eligibility for Input Tax Credit (ITC):
The applicant, a works contractor executing projects for the Government of Andhra Pradesh, sought clarification on their eligibility for Input Tax Credit (ITC) on goods and services used in works contracts. The applicant contended that they should be allowed full ITC on all goods and services utilized in project execution. They argued that under Section 17(5)(c) of the CGST Act 2017, ITC should be available for input services used for further supply of works contract services. Additionally, they claimed that their activity did not fall under the ineligible category of Section 17(5)(d) as the works executed were for the State of A.P. and not for themselves.

Application of Section 17(5)(c) and Section 17(5)(d) of the CGST Act 2017:
The Authority for Advance Ruling examined the issues raised by the applicant regarding the eligibility of ITC for works contracts under the GST Acts. Section 17(5)(c) of the CGST Act 2017 states that ITC shall not be available for works contract services for the construction of an immovable property, except when it is an input service for further supply of works contract services. The Authority found that the applicant, being in the same line of business, was entitled to claim ITC on tax invoices raised by their suppliers as their output was works contract services. Furthermore, the Authority analyzed Section 17(5)(d), which pertains to goods or services received for the construction of an immovable property on the taxpayer's own account. They agreed with the applicant that the activity did not fall under this ineligible category, as the works were executed for the State of A.P. and not for the applicant themselves.

Ruling:
The Authority ruled that the applicant is eligible for Input Tax Credit (ITC) on the GST paid for goods and services used in works contracts. The restrictions under Section 17(5)(c) and Section 17(5)(d) of the CGST Act 2017 do not apply to the applicant, as their output constitutes works contract services.