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TMI BlogRepair and Maintenance Input in case of Immovable property given on rentX X X X Extracts X X X X X X X X Extracts X X X X ..... Repair and Maintenance Input in case of Immovable property given on rent X X X X Extracts X X X X X X X X Extracts X X X X ..... h is a part of his revenue expenses. Can he claim the Input of repair and maintenance expenses, like purchase of sanitary items, paint and other items related to it. Regards Manpreet Reply By Sadanand Bulbule: The Reply: Dear Sir For your query, please refer the following AAR and the ratio of the same applies to your facts as well: 2024 (3) TMI 673 - AUTHORITY FOR ADVANCE RULING, TAMIL NADU ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... - IN RE: M/S. SUSWANI FOUNDATIONS PRIVATE LIMITED Reply By Amit Agrawal: The Reply: IMHO, subject ITC is available to the tax-payer in given situation. In other words, blockage of ITC u/s 17(5) is not applicable in given situation. These are ex facie views of mine and the same should not be construed as professional advice/suggestion. Reply By k.lakshmipati rao: The Reply: As per the provis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ions of Section 16(1) of CGST Act 2017, a registered person is entitled to take credit of the input tax charged on any supply of goods or services which are used or intended to be used in the course or furtherance of business. For the purpose of Section 17(5)(C) &(D) of the CGST At 2017, the expression "Construction" is defined to include re-construction, renovation, additions or alterations or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... repairs, to the extent of capitalization, to the said immovable property. It is pertinent to note that "Construction" is one of the elements of a works contract and it can be inferred that all that constitutes a works contract, need not be a "Construction". It may be noted that the term "Construction" mainly refers to the original works i.e., new construction, and mainly covers the activity of e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... recting a building. If any major alterations are carried out to the already constructed structure, then such activity can be said to be in the nature of construction. Thus, keeping the enduring benefit of asset in mind, and, in line with the accounting standard as well, it is only the major alteration works that alone would be capitalized in the books of accounts, which adds to the life and value ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assets. In other words, minor modifications, additions, alterations or repairs or upkeep & maintenance etc. cannot be called "Construction". Accordingly, a registered person is entitled to take credit of the input tax on such repairs. Reply By Manpreet Gulati: The Reply: Thank you Sadanand Bulbule, Amit Agrawal Ji and K Lakshmipati Rao Ji for your valuable feedback. Reply By Shilpi Jain: ..... X X X X Extracts X X X X X X X X Extracts X X X X .....
The Reply:
Hope none of these repair expenses are capitalised. If not capitalise then credit is eligible.
Reply By Ganeshan Kalyani:
The Reply:
I agree with the view of the experts.
Reply By Padmanathan Kollengode:
The Reply:
ITC is eligible to those of revenue nature as it is not blocked under section 17 (5). X X X X Extracts X X X X X X X X Extracts X X X X
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