KK Ltd. is in the business of manufacturing of freezing components for domestic market at Jaipur. During the month of December 2020, it has acquired the following: Sr. No. Particulars Taxable value of inward supply (₹) G

CS Professional · Advanced Tax Laws and Practice · PYQS · December 2021
KK Ltd. is in the business of manufacturing of freezing components for domestic market at Jaipur. During the month of December 2020, it has acquired the following: Sr. No. Particulars Taxable value of inward supply (₹) GST charged by supplier (₹) 1. Solar lamp (to be used in office) 1,00,000 5,000 2. Soya milk drinks (to be used in factory canteen) 20,000 3,600 3. Spray guns (to be used in factory) 45,000 8,100 4. Truck (for transportation of manufactured goods from factory to godown) 19,00,000 5,32,000 5. Lift (Installed in office premises and mainly used by office employees of KK Ltd.) 17,50,000 3,15,000 Calculate the amount of input tax credit available to KK Ltd. for the month of December 2020. Assume that the conditions for claiming input tax credit [including conditions imposed by rule 36(4)] are satisfied. Annual turnover of KK Ltd. is generally more than ₹40 crore.

Answer & Explanation:

Computation of Input Tax Credit (ITC) available to KK Ltd. for December, 2020 Sr. No. Different Items Particulars ITC in Rs. 1 Solar lamp Used in office in course of furtherance of business of KK Ltd. (ITC available) 5,000 2 Soya milk ITC on food & beverage not available under Section 17(5)(b) of Central Goods and Services Tax Act, 2017, even if it is used for factory canteen. Nil 3 Spray guns Used in factory in course of furtherance of business of KK Ltd. (ITC available) 8,100 4 Truck Truck for transportation of manufactured goods is eligible for ITC (this rule is applicable even if KK Ltd. is not in the business of transportation of goods) 5,32,000 5 Lift Used in office in course of furtherance of business of KK Ltd. (Working Note 1) Nil Total Input Tax Credit available 5,45,100 Working Note: Lift considered as Immovable Property: As per Latest AAAR Maharashtra dated: 20.07.2020 Order No. MAH/AAAR/RS-SK/24/2020-21, held that GST ITC shall not be available on Lift. The AAR said that the erection of lift can be done only inside the building structure as an integral part of the building in which lift is to be installed. The lift when installed in the building makes the building fit for occupation and becomes a permanent fixture of the building itself. Hence, the same will be considered as an immovable property, and ITC is not available on it. As per another case of MP-AAR concluded that a lift is an integral part of a 'building' which is specifically excluded from the definition of 'plant & machinery', and thus, ITC on lifts cannot be availed. Alternative Answer 3(a) - Lift considered as Plant and Machinery Computation of Input Tax Credit available to KK Ltd. for December, 2020 Sr. No. Different Items Particulars ITC in Rs. 1 Solar lamp Used in office in course of furtherance of business of KK Ltd. (ITC available) 5,000 2 Soya milk ITC on food & beverage not available under Section 17(5)(b) of Central Goods and Services Tax Act, 2017, even if it is used for factory canteen. Nil 3 Spray guns Used in factory in course of furtherance of business of KK Ltd. (ITC available) 8,100 4 Truck Truck for transportation of manufactured goods is eligible for ITC (this rule is applicable even if KK Ltd. is not in the business of transportation of goods) 5,32,000 5 Lift Used in office in course of furtherance of business of KK Ltd. (ITC available) 3,15,000 Total Input Tax Credit available 8,60,100 Working Note: As per Explanation to Section 17(5) of Central Goods and Services Tax Act, 2017: the expression "plant and machinery" means apparatus, equipment, and machinery fixed to earth by foundation or structural support that are used for making outward supply of goods or services or both and includes such foundation and structural supports but excludes- (i) land, building or any other civil structures; (ii) telecommunication towers; and (iii) pipelines laid outside the factory premises ITC on lift is not specifically blocked under Section 17(5) of Central Goods and Services Tax Act, 2017.

Topics: GST

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