A taxpayer's main business is dealing in electronic goods. He purchases gold bars (as investment) with the intention to resell when the price goes up. Can he claim ITC on such gold bars purchased as the invoice is in the name of the firm? Will the answer change if he has purchased such gold bars with the intention of trading in them for a short period?
Investment in gold bars is with the commercial motive as per the question. It constitutes business even though the same is undertaken on casual or irregular basis by virtue of clause
of the above definition clause.
At the time of re-sale of such investment the said taxpayer is liable to pay GST because the activity of sale constitutes supply as per section 7 and the said activity falls within the term “business”.
As per section 16(1), a registered person is eligible to take ITC on goods or services used in the course or furtherance of business.
In view of all the above aspects, whether investment is made for long term or short-term purposes, ITC is allowed as long as the conditions mentioned in section 16 are complied with.