The Authority for Advance Ruling, Tamil Nadu addressed the issue ...
Rotary Parking System Deemed Immovable Property; Ineligible for Input Tax Credit Under CGST Act.
June 1, 2024
Case Laws GST AAR
The Authority for Advance Ruling, Tamil Nadu addressed the issue of Input Tax Credit (ITC) for a Rotary parking system. The ruling clarified that the car parking system, consisting of constituent parts, is not supplied as a whole. The system is erected on a specific foundation, making it immovable property permanently attached to the earth. The intention to retain the structure permanently on own land precludes it from being considered movable. The ruling also determined that the Rotary Car Parking System qualifies as an addition to immovable property, falling under Section 17(5)(d) of the CGST Act, making ITC inadmissible. Therefore, ITC is not allowable on the installation of the Rotary Parking System as per Section 17(5)(d) of the CGST/TNGST Acts 2017.
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