Input Tax Credit — In the instant case, applicant has a proposed activity of construction of Water Park, for construction of the same various components & services will be used. All such components & services are taxable under GST.

QUESTION RAISED BEFORE THE AUTHORITY -
1 Whether we are eligible to take credit on Input Tax paid on Purchase of Water Slides? Water Slides are made up of Strong PVC.

2 Water Slides are installed on Steel and Civil Structure. Credit of Tax paid on Input goods and services used in construction of this support structure will be available or not?

3 Input Tax will be available or not on Goods and services used for area development and preparation of land on which water slides are erected.

4 Whether applicant will be eligible to take credit of Input Goods and Services used for construction of Swimming Pool / Wave Pool as water slides directly run into pools?

Held that—
Regarding the eligibility of ITC in case of Input Tax paid on Purchase of Water Slides, we have to state that Water Slides shall fall within the meaning of the term apparatus, equipment and machinery and therefore, shall be eligible for claim of ITC.

Steel and Civil Structures shall form part of the Plant and Machinery. Accordingly. the credit of “Tax paid on Input goods and services used in construction of this support structure shall be available.

ITC related to Land Development, subject to its capitalization as per accounting principles shall not be available.

the ITC related to the construction of the Swimming Pools and Wave Pools. subject to its capitalization shall not be available.—Atriwal Amusement Park, In Re… [2020] 25 TAXLOK.COM 095 (AAR-Madhya Pradesh)