Whether can I get GST credit on Professional bill issued by Architecture toward approval and completion of design drawing charges
in office??
Nishant shah (AUDIT ASSISTANT) (302 Points)
04 April 2019Whether can I get GST credit on Professional bill issued by Architecture toward approval and completion of design drawing charges
in office??
CA Himanshu Gandotra
(Chartered Accountant)
(1160 Points)
Replied 04 April 2019
Manoj BG
(Tax Professional and in Service)
(1795 Points)
Replied 04 April 2019
Hello Nishant,
Below is the extract of Section 17(5)(c) and 17(5)(d) which covers your case whether covers under blocked credit or not. Section 17(5)(d) covers any goods/service received for construction (incl.re-construction, renovation, additions or alterations) of immovable property. Since architect's services for design and drawing is ultimately meant for renovation/construction office, same would not be allowed as eligible credit.
(c) | works contract services when supplied for construction of an immovable property (other than plant and machinery) except where it is an input service for further supply of works contract service; | |
(d) | goods or services or both received by a taxable person for construction of an immovable property (other than plant or machinery) on his own account including when such goods or services or both are used in the course or furtherance of business. | |
Explanation.—For the purposes of clauses (c)and (d), the expression "construction" includes re-construction, renovation, additions or alterations or repairs, to the extent of capitalisation, to the said immovable property; |
Thanks and Regards,
Manoj B. Gavali
Nishant shah
(AUDIT ASSISTANT)
(302 Points)
Replied 04 April 2019
Manoj Sir,
Architecture has provided professional invoice and he has charged for designing and drawing and i think
it falls under different SAC in GST other than construction that covers u/s 17(5)
So, don;t you think that credit should be allowed ignoring 17(5)
Nishant shah
(AUDIT ASSISTANT)
(302 Points)
Replied 04 April 2019
Please any one has fair & reasonable interpretative answer are suggested to provide it because here there in no case of
capitalization rather professional service is provided and TDS is also deducted from his payment. & I availed his services
in the course or furtherance of business
Manoj BG
(Tax Professional and in Service)
(1795 Points)
Replied 04 April 2019
Hi Nishant,
As per general accounting principles, all cost including services associated with construction of asset has to be capitalised and hence, charges need to be part of your fixed asset. Even if you show the same as part of expenses in P&L, department may take a stand that since this expenses out to be capitalised in first place and hence covered by section 17(5)(d).
Further, SAC code is meant for classification of services for internal statistical purpose at government end and same cannot be used to check Section 17(5) applicability. If this was the intention, then they may have been specified SAC codes directly in 17(5) itself instead of service descripttion.
Thanks and Regards,
Manoj B. Gavali
CA Himanshu Gandotra
(Chartered Accountant)
(1160 Points)
Replied 04 April 2019
Nishant shah
(AUDIT ASSISTANT)
(302 Points)
Replied 04 April 2019
Exacltly, I agree with you Sir since this is not case of immovable property construction or else any kind of alteration..
Manoj BG
(Tax Professional and in Service)
(1795 Points)
Replied 04 April 2019
Hi Himanshu,
Works contract credit disallowance covered by section 17(5)(c). I am talking about section 17(5)(d) which is not for works contract. You can see my first reply for extract of both the clauses.
Thanks and Regards,
Manoj B. Gavali
Nishant shah
(AUDIT ASSISTANT)
(302 Points)
Replied 04 April 2019
Himanshu Sir, but in my case it is not any kind of construction rather this service comes after all immovable property is constructed and in our existing building
if we do any kind of interior then how can it be said part of construction?
Manoj BG
(Tax Professional and in Service)
(1795 Points)
Replied 04 April 2019
Originally posted by : Nishant shah | ||
![]() |
Exacltly, I agree with you Sir since this is not case of immovable property construction or else any kind of alteration.. | ![]() |
Hi Nishant,
Please read section carefully as it says any goods/services used for construction of immovable property. Section provides meaning of construction as explanation to main section and it doesn't only includes construction we talk in general sense. So all services used directly or indirectly attributable to construction of service is covered by the provision.
Thanks and Regards,
Manoj B. Gavali
Nishant shah
(AUDIT ASSISTANT)
(302 Points)
Replied 04 April 2019
and in it is specifically mentioned that where there is transfer of property in goods is involved which is not in present scenario
CA Himanshu Gandotra
(Chartered Accountant)
(1160 Points)
Replied 04 April 2019
Nishant shah
(AUDIT ASSISTANT)
(302 Points)
Replied 04 April 2019
My views are also that it should be considered as mere services for designing and not be treated it as works contract
Nishant shah
(AUDIT ASSISTANT)
(302 Points)
Replied 04 April 2019
This issue is also taken in taxmanagementindia site wherein some expert said it can be availed as credit barring sec 17(5) since
in said negative list, no where it is clarified about it in specific that designing charges related to property be treated as work contract
Live class on PF & ESI Enrollment & Returns Filing(with recording)