The Bombay High Court upheld the decisions of the Maharashtra Authority for Advance Ruling and the Maharashtra Appellate Authority for Advance Ruling, concluding that the breakwater does not qualify as "plant and machinery" U/s 17(5)(d) and thus, ITC cannot be claimed.

The breakwater is used for safety purposes during unloading and not for making an outward supply of goods or services, further disqualifying it for ITC. Konkan LNG Limited vs The Commissioner of State Tax, Mumbai (28-Jun-2024)