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Query Answer
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1) VAT41 TDS CERTIFICATE OF 2014-15 MANUAL MISPLACED, LOST.  TRUE COPY ALONG WITH AFFIDAVIT AND FIR COPY SUBMITTED. DEPARTMENT IS NOT GIVING CREDIT OF TDS VAT41.

2) IN CONTRACTORS CASE, WE HAVE FILED TRANS 1 CLAIMING INPUT CREDIT OF VAT PAID ON PLANT AND MACHINERY (EXCAVATORS, DUMPERS) PURCHASED DURING THE PERIOD 1.7.2016 TO 30.6.2017. THE CONTRACTOR IS DOING ALL WORK UNDER EXEMPTION SCHEME OF WORKS CONTRACT. 

IN WORKS CONTRACT CASE, WHETHER EXCAVATORS, DUMPERS ARE CAPITAL GOODS OR NOT?

DOES VAT PAID ON EXCAVATORS, DUMPERS PURCHASE ELIGIBLE AS INPUT TAX CREDIT.

KINDLY CLERIFY MY TWO QUERIES.

Reply:

Dear Sir,

1) In this case, to avail the benefit of credit of TDS, you can request to the concerned department for issuing duplicate VAT 41 TDS certificates. 

2) In GST EXCAVATORS, DUMPERS and other equipment are considered as capital goods, and if a contractor has purchased the said equipment after implementation of GST, input tax credit is available for the said purchase. Since you have purchased the said equipment before implementation of GST, you can avail the benefit of input credit of VAT paid on purchase of plant and machinery under section 140(3).  

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