Question10: My client is
providing service of construction of residential complex as well as commercial .
some time he also enters in works contract service. whether he will eligible for
ITC in respect of cement, steel, iron rods etc and also input service for above
service. Further looking to the section 17(5) of CGST, the credit is not
admissible. Whether it is right or not' please confirm the same and reply
Answer: Your client engaged in providing service of construction of
residential/commercial complexes etc. is very much entitled to avail and utilize
ITC of tax paid on the goods or services used in providing the said services.
Section 17(5)(c) of CGST Act, 2017 prohibits ITC on inputs used in civil
construction in some cases but allow the same Where the service provider uses
inputs and or input services for further supply of works contract service, the
ITC is very much entitled. (Reply dt. 09/11/2017)