Home » TaxBuzz » GST Cafe | Input Tax Credit available for construction of immovable property intended for supply of rental services: Supreme Court

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We are pleased to share with you a copy of our latest publication of GST Café, a briefing on recent ruling by the Hon’ble Supreme Court in Chief Commissioner of Central Goods and Service Tax & Ors. vs. M/s Safari Retreats Private Ltd. & Ors. [C.A. 2948 of 2023]. The Apex Court, in the present ruling, upheld the constitutional validity of Section 16(4) and clauses (c) and (d) of sub-section (5) of Section 17 of the CGST Act, 2017. Furthermore, the Hon’ble Supreme Court held that Input Tax Credit shall be available on construction costs when the construction of any building, other than a hotel or a cinema theatre, qualifies as a ‘plant’ as understood under section 17(5)(d) of the CGST Act, 2017.

We trust that you will find our TaxBuzz useful and look forward to receiving your valuable feedback.

For any details and clarifications, please write to:

Mr. Shammi Kapoor
Senior Partner
[email protected]

Mr. Arnab Roy
Associate Partner
[email protected]

Mr. Vishal Kumar
Associate Partner
[email protected]

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