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girishgadiya108@gmail.com
[email protected]Beginner
Asked: June 18, 2024In: GST

Will an elevator qualify as plant and machinery or land and building under GST

  1. CA Manish Kumar Gupta Enlightened
    Added an answer on June 18, 2024 at 11:09 pm

    Hi, An elevator is treated as a part of the building. An elevator is an integral part of the building and doesn't have a separate identity i.e it cannot be sold as individual peace. It is designed and assembled as per the requirement of a building which makes it an integral part of the building. WeRead more

    Hi,

    An elevator is treated as a part of the building.

    An elevator is an integral part of the building and doesn’t have a separate identity i.e it cannot be sold as individual peace. It is designed and assembled as per the requirement of a building which makes it an integral part of the building.

    We can refer to the explanation of section 17 (5) of the CGST Act as  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.

    Section 17(5)(d) does not allow to take ITC on goods or services or both received by a taxable person for the construction of an immovable property.

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girishgadiya108@gmail.com
[email protected]Beginner
Asked: June 18, 2024In: GST

Is ITC allowed on air conditioner?

  1. CA Manish Kumar Gupta Enlightened
    Added an answer on June 18, 2024 at 11:33 pm

    Yes, ITC is allowed in the Air conditioner subject to the condition that it is not accounted as Land & Building and used in the course or furtherance of the business. Assessee should disclose it as Plant and Machinery. ITC is not allowed on immovable property as per section 17(5)(d).  

    Yes,

    ITC is allowed in the Air conditioner subject to the condition that it is not accounted as Land & Building and used in the course or furtherance of the business. Assessee should disclose it as Plant and Machinery.

    ITC is not allowed on immovable property as per section 17(5)(d).

     

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