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Applicant cannot claim ITC on procurement of Gold coins which are to be distributed to the customers

Shanti Prime Publication Pvt. Ltd.

Input Tax Credit — the applicant, seeking an advance ruling in respect of the following questions.

1. The question or issue before Your Honor for determination is whether Input Tax Credit (“ITC”) can be claimed by the applicant on procurement of Gold coins which are to be distributed to the customers at the end of scheme period for achieving the stipulated lifting or payment criteria?

Held that— ITC on “gifts” will not be available when no GST is being paid on their disposal. Just because the applicant submits that they have satisfied Section 16 (1) of the CGST Act 2017 does not mean that they are entitled to credit since Section 17(5) starts with “Notwithstanding anything contained in sub-section (1) of Section 16 ” The implication is that in the subject case even if it seems, as per the applicant, that Section 16 (1) is applicable in their case and allows them credit, Section 17(5) shall block such credits.—Biostadt India Limited, In Re… [2018] 07 TAXLOK.COM 092 (AAR-Maharashtra)

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