Case LawGUJ/GAAR/R/53/2021
GACL NALCO Alkalies & Chemical Pvt. Ltd ., In re
- Court:
- Authority for Advance Ruling
- Bench:
- Gujarat
- Date:
- October 18, 2021
- Type:
- Advance Ruling
- Members:
- Sanjay Saxena, Arun Richard
Subject
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…
Judgement
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…