Permission for withdrawal of Advance Ruling Application – input tax credit of GST paid on long term lease of industrial plots taken from M/s. Mahindra World City (Jaipur) – HELD THAT:- Since the applicant has withdrawn the application, therefore no ruling is given.
No.- AAR No. RAJ/AAR/2019-20/14
Dated.- July 8, 2019
J.P. MEENA AND HEMANT JAIN MEMBER
Present for the applicant: Shri Manoj Mohanty and Shri Harish Kumar Dixit (Authorised Representatives)
Note: Under Section 100 of the CGST/RGST Act, 2017, an appeal against this ruling lies before the Appellate Authority for Advance Ruling constituted under section 99 of CGST/RGST Act, 2017, within a period of 30 days from the date of service of this order.
d. Admissibility of input tax credit of tax paid or deemed to have been paid;
1. SUBMISSION AND INTERPRETATION OF THE APPLICANT:
The applicant has purchased industrial plots in Mahindra World City located in Tehsil- Sanganer, Jaipur, Rajasthan 302037 on long term lease. The developer i.e. M/S Mahindra World City has charged GST 18% on lease premium value of industrial plots under HSN 997212.
2. QUESTIONS ON WHICH THE ADVANCE RULING IS SOUGHT
Whether the applicant is eligible to avail input tax credit of GST paid on long term lease of industrial plots taken from M/s. Mahindra World City (Jaipur)?
In the matter personal hearing was granted to the applicant on 04.07.2019 at Room no. 2.29 NCRB, Statue Circle, Jaipur. Shri Manoj Mohanty and Shri Harish Kumar Dixit (Authorised Representatives) of applicant appeared for PH. During the PH, they submitted that they have more clarification regarding issues they raised in the application and therefore requested to withdraw their advance ruling application.
4. COMMENTS OF THE JURISDICTIONAL OFFICER
The jurisdictional officer (Deputy Commissioner, CGST Division-G, Sector- 10, Vidyadhar Nagar, Jaipur, Rajasthan 302005) has submitted his comments vide e-mail dated 31.05.2019 which can be summarized as under:
In this regard it is stated that as per Section 16(1) of the CGST Act, 2017, credit of input tax charged on any supply of goods or services or both is admissible subject to the condition that they are used or intended to be used in the course or furtherance of business. In the present case the querist does not appear to be engaged in providing supply of such goods or services or both which may have nexus with the leased land and therefore in the opinion of this office credit of input tax paid on lease money does not appear admissible.
5. FINDINGS. ANALYSIS & CONCLUSION:
Shri Manoj Mohanty and Shri Harish Kumar Dixit (Authorised Representatives) of applicant appeared for PH. During the PH, they requested to withdraw their advance ruling application and submitted an application dated 04.07.2019 in this regard.
6. In view of the foregoing, we rule as follows:-
Since the applicant has withdrawn the application, therefore no ruling is given.