GACL NALCO Alkalies & Chemical Pvt. Ltd ., In re

Date: October 18, 2021

Court: Authority for Advance Ruling
Bench: Gujarat
Type: Advance Ruling
Judge(s)/Member(s): Sanjay Saxena, Arun Richard
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Subject Matter

Tax credit of GST on leasing of land, for construction of immovable property, is not available

Input Tax Credit

Summary

Law makes it explicitly clear that ‘plant and machinery’ excludes land, as laid down in explanation following Section 17(5) CGST Act.  There must be an intent of Legislature to explicitly exclude the word ‘land’ in the expression. With this expr…

M/s GACL-NALCO Alkalies & Chemicals Private Limited (hereinafter referred to as GNAL for the sake of brevity) is a joint venture of M/s. Gujarat Alkalies and Chemical Limited (hereinafter referred to as “GACL”) and National Aluminium Company Limited. GNAL is engaged in the production of caustic soda and submits that it is developing a Greenfield project of caustic soda plant. 2. GI…

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