Input tax credit (ITC) - Blocked Credits - Section 17(5) of the ...
No ITC for Air Conditioning & Surveillance Systems Under CGST Section 17(5) Due to Lack of Earth Embedding.
March 23, 2020
Case Laws GST AAAR
Input tax credit (ITC) - Blocked Credits - Section 17(5) of the CGST Act, 2017 - taxes paid on procurement of goods and/or services for installation of various parts of AC - The items such as Chiller, Air Handling Unit, Indoor/Outdoor Surveillance System (CCTV), electrical wiring and fixtures, Public Health Engineering (PHE), Fire-fighting and water management pump system do not appear to be apparatus/equipment/machinery which are fixed to the earth. The appellant has also not submitted any information as to how these items are getting embedded to the earth since the criteria for terming such items as “Plant and Machinery” is that they have to be fixed to the earth either by foundation or structural support. - ITC not available - AAAR
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