22 June 2023
whether GST Input can be claimed for Cement, Iron etc for Factory construction, if not eligible please reply under which section it is eligible.
11 July 2024
Under the Goods and Services Tax (GST) regime in India, claiming input tax credit (ITC) on goods used for construction activities, including materials like cement and iron, depends on specific conditions and provisions laid out in the GST law. Here’s a general guideline on the eligibility of claiming ITC for construction of a factory:
### Eligibility for Claiming GST Input Tax Credit (ITC):
1. **Business Use Requirement**: ITC can generally be claimed on goods and services used or intended to be used in the course or furtherance of business. Therefore, if cement, iron, and other materials are directly used in the construction of a factory which is used for business purposes, ITC can potentially be claimed.
2. **Capital Goods vs. Inputs**: - **Capital Goods**: Goods that are used in the production process but do not get consumed in one cycle of production. For example, machinery, equipment, and furniture. - **Inputs**: Goods used directly or indirectly in the manufacturing of final products or rendering services. For example, raw materials, components, consumables, etc.
3. **Specific Provisions**: - **Section 17(5)(d)** of the CGST Act, 2017: According to this provision, ITC is not available for goods or services used for construction of an immovable property (other than plant and machinery) except where it is used for further supply of works contract services or specific types of immovable property (such as commercial complex).
- **Exception**: However, there is an exception under Section 17(5)(d) where ITC can be claimed for goods and services used in the construction of a factory or plant subject to certain conditions, primarily that the factory or plant is used for furtherance of business.
### Conclusion:
To determine the exact eligibility for claiming ITC on goods like cement, iron, etc., used for the construction of a factory, it is crucial to assess whether the factory is primarily intended for business use. If the factory is indeed for business use, and not for residential or personal purposes, ITC can generally be claimed under the relevant provisions of the GST law.
For precise advice tailored to your specific situation, including compliance with current GST regulations and notifications, it is advisable to consult with a qualified GST consultant or tax advisor. They can provide guidance based on the latest updates and interpretations of the GST laws in India.
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