Eligibility of ITC claim Issue ID 115826

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..... Eligibility of ITC claim Issue ID 115826
Query (Issue) Started By: - YUWRAJ KOTHARI Dated:- 31-12-2019 Last Reply Date:- 1-1-2020 Goods and Services Tax - GST
Got 3 Replies
GST
Sir, in the given facts, to my knowledge,It being not Works contract(,As no trf of material being involved) nor is composite service as per item no 6 Sch-II & not covered by negative item u/sec 17(5)(c) whether .....

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..... ITC can be denied.Pl consider. Thanks Reply By KASTURI SETHI: The Reply: To arrive at correct decision, terms and conditions of the contract/agreement executed between service provider and service receiver have to be examined. What is the basis of formation of your view that it is neither works contract nor composite service ? Reply By Rajagopalan Ranganathan: The Reply: Sir, According to S .....

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..... ection 2 (119) of CGST Act, 2017 "works contract" means a contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of any immovable property wherein transfer of property in goods (whether as goods or in some other form) is involved in the execution of such contract. Yo .....

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..... u have stated that the construction contractor requires to purchase crane for material handling in high rise bldg,so also scaffolding material and hardware material like nails, binding wire etc. Though crane for material handling is a capital goods and will be retained by the contractor after completion of the contract, scaffolding material and hardware material like nails, binding wire etc which .....

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..... will amount to transfer of property in goods (whether as goods or in some other form). Therefore in my opinion the contract executed by your contractor amounts to works contracr and hence he is not eligible to avail ITC on the goods mentioned by you as provided in Section 17 (5) (c) of CGST Act, 2017. Reply By KASTURI SETHI: The Reply: I agree with Sh.Ranganathan, Sir.
Discussion Forum - Kno .....

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..... wledge Sharing .....

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