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GST Cafe | Input Tax Credit available for construction of immovable property intended for supply of rental services: Supreme Court October 7, 2024
Published in: TaxBuzz
DISCLAIMER: The material contained in this publication is solely for information and general guidance and not for advertising or soliciting. The information provided does not constitute professional advice that may be required before acting on any matter. While every care has been taken in the preparation of this publication to ensure its accuracy, Vaish Associates Advocates neither assumes responsibility for any errors, which despite all precautions, may be found herein nor accepts any liability, and disclaims all responsibility, for any kind of loss or damage arising on account of anyone acting / refraining to act by placing reliance upon the information contained in this publication.
We are pleased to share with you a copy of our latest publication of GST Café, a briefing on recent ruling by the Hon’ble Supreme Court in Chief Commissioner of Central Goods and Service Tax & Ors. vs. M/s Safari Retreats Private Ltd. & Ors. [C.A. 2948 of 2023]. The Apex Court, in the present ruling, upheld the constitutional validity of Section 16(4) and clauses (c) and (d) of sub-section (5) of Section 17 of the CGST Act, 2017. Furthermore, the Hon’ble Supreme Court held that Input Tax Credit shall be available on construction costs when the construction of any building, other than a hotel or a cinema theatre, qualifies as a ‘plant’ as understood under section 17(5)(d) of the CGST Act, 2017.
We trust that you will find our TaxBuzz useful and look forward to receiving your valuable feedback.
For any details and clarifications, please write to:
Mr. Shammi Kapoor
Senior Partner
[email protected]
Mr. Arnab Roy
Associate Partner
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Mr. Vishal Kumar
Associate Partner
[email protected]