Case Laws GST
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Blocked construction input tax credit: taxable rental income does not override restrictions for property built on the taxpayer's own account.
Input tax credit for goods, services and works contract services used to construct immovable property is subject to the overriding restrictions in Section 17(5), notwithstanding a business nexus under Section 16. Renting is a taxable supply of services but does not by itself satisfy the exception for further supply of works contract services or remove the own-account construction bar. A plant, plant-and-machinery, or qualifying foundation-and-structural-support claim requires fact-specific proof of functional necessity; taxable rental income alone is insufficient. Timely availment, statutory disclosure and the conditions for fraud-based proceedings, interest and penalty require separate assessment.