Input Tax Credit availability may be altered by a retrospective amendment redefining plant and machinery for construction credits.
The article analyzes availability of Input Tax Credit under Section 17(5)(c) and (d) of the CGST Act after the Supreme Court's Safari Retreats interpretation and the Finance Bill, 2025 proposal to retrospectively replace "plant or machinery" with "plant and machinery." It summarizes that clause (c) blocks ITC for works contract services used in construction of immovable property except when used to further supply such services, while clause (d) blocks ITC for construction on a taxable person's "own account" except where the construction concerns a "plant or machinery" or is not on the person's own account. The article identifies the Court's tests for treating a building as "plant" and flags unresolved issues including the meaning of "own account," ancillary pre-construction credits, and overlap between clauses (c) and (d). (AI Summary)
The article analyzes availability of Input Tax Credit under Section 17(5)(c) and (d) of the CGST Act after the Supreme Court's Safari Retreats interpretation and the Finance Bill, 2025 proposal to retrospectively replace "plant or machinery" with "plant and machinery." It summarizes that clause (c) blocks ITC for works contract services used in construction of immovable property except when used to further supply such services, while clause (d) blocks ITC for construction on a taxable person's "own account" except where the construction concerns a "plant or machinery" or is not on the person's own account. The article identifies the Court's tests for treating a building as "plant" and flags unresolved issues including the meaning of "own account," ancillary pre-construction credits, and overlap between clauses (c) and (d). (AI Summary)
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