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TMI BlogITC to BuildersX X X X Extracts X X X X X X X X Extracts X X X X ..... ITC to Builders X X X X Extracts X X X X X X X X Extracts X X X X ..... orks contract service is input service for further supply of works contract service. Therefore, it appears that the builders who are building or getting constructed buildings which are obviously, immovable properties, would not be eligible for ITC. I request the experts to read the section and then give the opinion. My view is that the ITC is not admissible to the builders in view of the language ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... used in section 17(5)(c). However, most of the people in trade and also the Revenue officers feel that the ITC is admissible. I admit the policy of the govt. is to allow ITC but i feel the language of the section is not supporting the intention of the govt. The courts interpret on the basis of language used in the provision and not in terms of the policy of the govt. Pl give your views. Reply By ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rajagopalan Ranganathan: The Reply: Sir, Your interpretation is legally valid. Since the language of the statutory provision is very clear, you are not eligible to avail ITC of tax paid on works contract services when supplied for construction of an immovable property (other than plant and machinery). As you rightly said the judicial bodies will interpret the statutory provisions strictly accord ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ing to the language used by the legislature. Moreover while interpreting the statutory provisions no intendment is permissible. Reply By KASTURI SETHI: The Reply: Sh.Ranganathan Sir,. It needs more x-ray of the phrases used in the construction of Section 17(5)(c). Will you please spare time for throwing more light word for word ? Thanks a lot. Reply By Himansu Sekhar: The Reply: During the co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nstruction stage it becomes a service and the servicer is provided to another customer. This is also a works contract service. The building is not constructed on his own account also. The credit on the basis of bills of subcontractors who may be providing works contract services is not deniable as the same is used providing works contract services. Since the construction is for another customer, t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he inputs like rtods, cement are eligible for credit. X X X X Extracts X X X X X X X X Extracts X X X X
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