Page 108 - GSTL_23rd July 2020_Vol 38_Part 4

474 GST LAW TIMES [ Vol. 38
the purposes specified therein, life insurance and health
insurance :
Provided that the input tax credit in respect of such
goods or services or both shall be available where an in-
ward supply of such goods or services or both is used by
a registered person for making an outward taxable sup-
ply of the same category of goods or services or both or
as an element of a taxable composite or mixed supply;
(ii) membership of a club, health and fitness center; and
(iii) travel benefit’s extended to employees on vacation such
as leave or home travel concession :
Provided that the input tax credit in respect of such
goods or services or both shall be available, where it is
obligatory for an employer to provide the same to its
employees under any law for the time being in force.
(c) works contract services when supplied for construction of an
immovable property (other than plant and machinery) except
where it is an input service for further supply of works con-
tract service;
(d) goods or services or both received by a taxable person for con-
struction of an immovable property (other than plant or ma-
chinery) on his own account including when such goods or
services or both are used in the course or furtherance of busi-
ness.
Explanation. - For the purposes of clauses (c) and (d), the ex-
pression “construction” includes re-construction, renovation,
additions or alterations or repairs, to the extent of capitalisa-
tion, to the said immovable property;
(e) goods or services or both on which tax has been paid under
section 10;
(f) goods or services or both received by a non-resident taxable
person except on goods imported by him;
(g) goods or services or both used for personal consumption;
(h) goods lost, stolen, destroyed, written off or disposed of by
way of gift or free samples; and
(i) any tax paid in accordance with the provisions of sections 74,
129 and 130.
(6) The Government may prescribe the manner in which the credit re-
ferred to in sub-sections (1) and (2) may be attributed.
Explanation. - For the purposes of this Chapter and Chapter VI, the expres-
sion “plant and machinery” means apparatus, equipment, and machinery
fixed to earth by foundation or structural support that are used for making
outward supply of goods or services or both and includes such foundation
and structural supports but excludes -
(i) land, building or any other civil structures;
(ii) telecommunication towers; and
(iii) pipelines laid outside the factory premises.

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