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GST - Highlights / Catch Notes

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Breakwater construction not considered 'plant and machinery' for ...


Breakwater construction ineligible for input tax credit under GST. Not 'plant & machinery' for outward supply. Ensures ship safety, not production.

Case Laws     GST

July 5, 2024

Breakwater construction not considered 'plant and machinery' for input tax credit eligibility under GST. Petitioner's services involve regassification of LNG, and breakwater ensures safety of berthed ships, not used for outward supply. Dictionary meaning of 'plant' indicates industrial activity/production place, which breakwater does not qualify as. Explanation to Section 17 requires plant and machinery to be used for outward supply, not satisfied here. High Court finds no infirmity in order, dismisses petition.

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