Loading...

⚠ ✕
❮ Top
☎ Help
☰
×

By creating an account you can:

Logo TaxTMI
Call Us / Help / Feedback✕

Contact Us At :

✉ E-mail: [email protected]

✆ Call / WhatsApp at: +91 99117 96707

For more information, Check Contact Us

FAQs :

To know Frequently Asked Questions, Check FAQs

Most Asked Video Tutorials :

For more tutorials, Check Video Tutorials

Submit Feedback/Suggestion :

Email :
Please provide your email address so we can follow up on your feedback.
Category :
Description :
Min 15 characters 0/2000
Make Most of Text Search ✕
  1. Checkout this video tutorial: How to search effectively on TaxTMI.
  2. Put words in double quotes for exact word search, eg: "income tax"
  3. Avoid noise words such as : 'and, of, the, a'
  4. Sort by Relevance to get the most relevant document.
  5. Press Enter to add multiple terms/multiple phrases, and then click on Search to Search.
  6. Text Search
  7. The system will try to fetch results that contains ALL your words.
  8. Once you add keywords, you'll see a new 'Search In' filter that makes your results even more precise.
  9. Text Search
╳
Add to...
You have not created any category. Kindly create one to bookmark this item!
✕
Create New Category
Hide
Title :
Description :
❮❮ Hide
❮ Default View
Expand ❯❯
Close ✕
🔎 Filters / Advanced Search ❯
TEXT

Press 'Enter' to add multiple search terms. Rules for Better Search

Search In
Main Text + AI Text ❯
  • Main Text
  • Main Text + AI Text
  • AI Text
Law:
---- All Laws---- ❯
  • ---- All Laws----
  • Benami Property
  • Bill
  • Central Excise
  • Companies Law
  • Customs
  • DGFT
  • FEMA
  • GST
  • GST - States
  • IBC
  • Income Tax
  • Indian Laws
  • Money Laundering
  • SEBI
  • SEZ
  • Service Tax
  • VAT / Sales Tax
Types:
---- All Types ---- ❯
  • ---- All Types ----
  • Act Rules
  • Case Laws
  • Circulars
  • Manuals
  • News
  • Notifications
Sort By: ?
In Sort By 'Default', exact matches for text search are shown at the top, followed by the remaining results in their regular order.
Relevance Default Date
    News Bill
    Tax rates under section 202
    News Bill
    Individual, HUF, association of persons, body of individuals, artificial juridical person.
    News Bill
    Co-operative Societies
    News Bill
    Firms
    News Bill
    Local authorities
    News Bill
    Companies
    News Bill
    Surcharge on income-tax
    News Bill
    Marginal Relief
    News Bill
    Education Cess
    News Bill
    Rates for deduction of income-tax at source during the financial year (FY) 2026-27 from certain inco...
    News Bill
    Individual, HUF, association of persons, body of individuals, artificial juridical person.
    News Bill
    Co-operative Societies
    News Bill
    Firms
    News Bill
    Local authorities
    News Bill
    Companies
    News Bill
    Rationalising the due date to credit employee contribution by the employer to claim such contributio...
    News Bill
    Exemption on interest income under the Motor Vehicles Act, 1988.
    News Bill
    No tax to be deducted at source in respect of interest on compensation amount awarded by Motor Accid...
    News Bill
    Enabling electronic verification and issuance of certificate for deduction of income-tax at lower ra...
    News Bill
    Relaxation from requirement to obtain tax deduction and collection account number (TAN) by a residen...
❮
❯
❯❯
Maximize Maximize Maximize
0 / 200
Expand Note
Add to Folder

No Folders have been created

+

Are you sure you want to delete "My most important" ?

NOTE:

Notes
Showing Results for :
Reset Filters
Results Found:
Show All Summaries Hide All Summaries
News Bill
Show AI Summary
Tax rates under section 202 set default slabs with surcharge bands, surcharge caps for specified cases, and marginal relief.
Tax rates under section 202 set graded default income-tax slabs for specified taxpayers for 2026-27, subject to an option to elect an alternative regime; a surcharge applies to higher total income bands (with inclusion rules for dividend income and capital gains), surcharge caps where alternative provisions apply and for certain associations of persons, and marginal relief to alleviate threshold impacts.
News Bill
Show AI Summary
Income-tax 2026-27: new slab rates, optional Part I-B age-based slabs, and revised surcharge caps and relief.
Section 202 prescribes progressive income-tax slabs for 2026-27 for individuals, HUFs, AOPs, BOIs and specified artificial juridical persons, while preserving an option under section 202(4) to adopt the Part I-B rates. Part I-B provides alternative slabs including age-based thresholds for senior and super senior residents. Computed tax (including specified dividend and capital gains) attracts a graduated surcharge with provisos capping surcharge on dividend/capital gains at 15%, limiting surcharge for company-only AOPs to 15%, and reducing the 37% surcharge to 25% for persons taxed under section 202; marginal relief applies.
News Bill
Show AI Summary
Co-operative societies: unchanged tax rates, tiered surcharge with marginal relief, and optional lower-rate tax regime with reduced surcharge.
Co-operative societies are taxed under Paragraph B of Part I B of the First Schedule with rates unchanged from the prior year. Surcharge applies in tiers according to total income, with marginal relief available to reduce surcharge impact where appropriate. A resident co-operative society that satisfies prescribed conditions may elect an alternative lower-rate tax regime; when elected, a specified lower surcharge percentage applies to that tax.
News Bill
Show AI Summary
Firms: income-tax rate unchanged; 12% surcharge over one crore rupees with a cap limiting additional tax.
Firms continue to pay the same specified rate of income-tax as in the prior year. A 12% surcharge applies where a firm's total income exceeds one crore rupees, but the total tax plus surcharge on income exceeding one crore rupees is limited so it does not exceed the tax on one crore rupees by more than the excess income.
News Bill
Show AI Summary
Local authorities face the same income-tax rate with a 12% surcharge above one crore, subject to a cap.
Local authorities remain subject to the same income-tax rate as specified in Paragraph D of Part I-B of the First Schedule; a 12% surcharge on such income-tax applies where total income exceeds one crore rupees, but the combined income-tax and surcharge on income above one crore is limited so it does not exceed the income-tax on one crore rupees by more than the excess amount.
News Bill
Show AI Summary
Company tax rates: domestic companies 25% or 30% with opt-in 22% regime; non-domestic companies 35%; specified surcharges apply.
The Finance Bill, 2026 sets company tax rates: domestic companies pay 25% if turnover/gross receipts for 2024-25 400 crore and under section 199, otherwise 30%; domestic companies may opt for section 200 at 22% with a 10% surcharge. Non-domestic companies are taxed at 35% on income not at special rates. Surcharges: domestic (excluding section 200/201 electors) 7% for income >1 crore 10 crore and 12% for income >10 crore; non-domestic 2% for >1 crore 10 crore and 5% for >10 crore. Marginal relief applies.
News Bill
Show AI Summary
Surcharge on income-tax stays unchanged; specified fund income exempt and special-assessment persons face a 25% surcharge cap.
Surcharge rates remain unchanged from the prior assessment year. Surcharge does not apply to income-tax computed on income of a specified fund as noted in the tax schedule. For persons assessed under the special assessment procedure, the higher surcharge tier on income above the high-income threshold (excluding dividend income and capital gains) is not applied and the surcharge is restricted to 25%.
News Bill
Show AI Summary
Union Budget 2026-27: marginal relief applies where surcharge is imposed for affected taxpayers to mitigate additional tax burden.
The Finance Bill for the Union Budget 2026-27 provides marginal relief in all cases where a surcharge is proposed to be imposed, as a mitigation mechanism to prevent disproportionate increases in tax liability when surcharge thresholds are crossed and to preserve intended tax progression.
News Bill
Show AI Summary
Health and Education Cess to be levied at 4% on income-tax inclusive of surcharge; no marginal relief.
Health and Education Cess is imposed at 4% on the amount of income-tax so computed, inclusive of any applicable surcharge, and no marginal relief is available; the cess is levied uniformly on the surcharge-inclusive tax liability.
News Bill
Show AI Summary
Rates for tax deduction at source for FY 2026-27 remain unchanged; 4% health and education cess applies to nonresidents.
Rates for deduction of income-tax at source from incomes other than salaries are specified in Part II of the First Schedule to the Finance Bill and are to be applied under the relevant sections of the Act. The rates and the Union surcharge remain the same as in the prior year, and a Health and Education Cess of 4% on income-tax including surcharge continues to apply to nonresidents and foreign companies.
News Bill
Show AI Summary
Union Budget 2026 27 sets new income tax and advance tax rates for individuals, senior citizen thresholds, and graduated surcharge bands.
Part III of the First Schedule sets FY 2026 27 tax deduction and advance tax rates: Section 202 rates use a seven bracket scale to 30% (above Rs. 24,00,000) with an option to adopt Part III rates. Paragraph A offers a four slab regime for individuals and similar entities with adjusted thresholds for senior citizens; capital gains under specified sections are included. Surcharge bands of 10%, 15%, 25% and 37% apply by income band, subject to caps and special restrictions for dividend/capital gains, associations of companies and persons taxed under section 202. Marginal relief is provided.
News Bill
Show AI Summary
Co-operative societies: existing tax rates unchanged; 7% and 12% surcharges apply with marginal relief; 22% option available.
In respect of co-operative societies, income-tax rates remain unchanged from FY 2025-26. A 7% surcharge on income-tax applies where total income exceeds one crore but does not exceed ten crore rupees, and a 12% surcharge applies where total income exceeds ten crore rupees; marginal relief is provided. A resident co-operative society that satisfies certain conditions may opt to pay tax at 22% under the Act, with a 10% surcharge on such tax.
News Bill
Show AI Summary
Firms: tax rate unchanged; 12% surcharge applies above one crore rupees with a cap on excess liability.
For FY 2026-27, firms are taxed at the Paragraph C rate in Part III of the First Schedule (unchanged from FY 2025-26) and face a 12% surcharge where total income exceeds one crore rupees; however, the aggregate tax plus surcharge on income above one crore is capped so it does not exceed the tax on one crore by more than the excess income amount.
News Bill
Show AI Summary
Local authorities face a 12% surcharge on income-tax for total income exceeding one crore, subject to a cap.
The rate of income-tax for every local authority is specified in Paragraph D of Part III and remains unchanged; a surcharge at the rate of 12% applies where total income exceeds one crore rupees, and the combined tax and surcharge on income above one crore is capped so it does not exceed the tax on one crore rupees by more than the excess amount.
News Bill
Show AI Summary
Corporate tax rates updated for FY 2026-27, including surcharge tiers and health and education cess.
Union Budget 2026-27 sets company income-tax rates and related surcharge and cess treatment for FY 2026-27: domestic companies pay 25% if turnover/gross receipts for tax year 2024-25 are four hundred crore and under the section 199 regime, otherwise 30%, with an option to opt for 22% under section 200 (10% surcharge on that tax). Non domestic companies are taxed at 35% on ordinary income. Surcharge tiers and marginal relief rules remain, and a 4% Health and Education Cess applies on tax inclusive of surcharge without marginal relief for the cess.
News Bill
Show AI Summary
Employer deduction for employee contributions will be tied to the return filing due date under section 263(1).
The Finance Bill, 2026 amends section 29(1)(e) to provide that the due date for claiming a deduction for employee contributions credited by the employer shall be the due date of filing of return of income under section 263(1); the amendment takes effect from 1 April 2026 and applies to tax year 2026-27 and subsequent years.
News Bill
Show AI Summary
Interest income under Motor Vehicles Act now exempt for individuals and legal heirs from FY 2026-27 onward.
Interest payable as part of compensation under the Motor Vehicles Act, 1988 to an individual or the legal heir for death, permanent disability, or bodily injury is proposed to be exempt by addition to the Income-tax Act Schedule; the amendment is effective from 1 April 2026 and applies to the tax year commencing then and subsequent years.
News Bill
Show AI Summary
Interest on compensation from Motor Accidents Claims Tribunal: no tax deducted at source for individuals, effective April 2026.
The Finance Bill, 2026 proposes that no tax shall be deducted at source on interest paid on compensation awarded by the Motor Accidents Claims Tribunal to an individual, removing the prior conditional threshold and providing relief to accident victims. The amendment is effective from 1 April 2026 (Clause 72).
News Bill
Show AI Summary
Electronic TDS/TCS certificates: payees may file for lower or nil deduction; authority may issue or reject applications.
Permits payees to file applications electronically for certificates for deduction of income-tax at lower or nil rates before the prescribed income-tax authority, which may issue the certificate subject to prescribed conditions or reject incomplete or non compliant applications, thereby easing compliance burdens for small taxpayers under Section 395.
News Bill
Show AI Summary
TAN requirement relaxed for resident individuals and HUFs acquiring property from non-resident sellers, effective October 1, 2026.
The Finance Bill, 2026 amends section 397(1)(c) to provide that resident individuals and Hindu undivided families are not required to obtain a tax deduction and collection account number (TAN) to deduct tax at source on any consideration for transfer of immovable property under section 393(2); the amendment takes effect from 1 October 2026.

TMI Notes

Back

All TMI Notes

Showing Results for :
Reset Filters
No Records Found

TMI Notes

Back

All TMI Notes

Renting of Immovable Property and Blocked Input Tax Credit under Sections 16 and 17(5) of the CGST Act

24 September, 2026

Contents
Acts
Plus +
Summary
Note

Note

-

Bookmark

Print

Print

This is a neutral professional article. The judgment is analysed in the context of its factual background, issues framed, and conclusions reached by the Court.

2026 (7) TMI 220 - MADRAS HIGH COURT

At a Glance

  • Renting of immovable property is treated as a supply of services under Schedule II. That characterisation does not, by itself, make construction-related input tax credit available.
  • The general entitlement in Section 16 is expressly subject to statutory restrictions. The central restriction for property developers and lessors is contained in Section 17(5)(c) and (d).
  • Section 17(5)(c) blocks credit on works contract services used for construction of immovable property, except where the service is an input service for further supply of works contract service. Section 17(5)(d) separately blocks credit on goods or services received for construction of immovable property on the taxpayer's own account, even where used in the course or furtherance of business.
  • The decision reported as 2026 (7) TMI 220 - MADRAS HIGH COURT holds, on its facts, that a taxpayer engaged in renting and leasing could not claim construction-related credit merely because rental receipts were taxable. The Court also sustained invocation of the fraud-and-suppression demand provision.
  • The distinction between a building constituting ordinary immovable property and a building that may satisfy the functionality test as a "plant" was recognised in 2024 (10) TMI 286 - Supreme Court. The inquiry is fact-specific and cannot be presumed from the fact that a building is commercially let out.

Background & Context

The dispute arose from availment of input tax credit on construction-related inputs, capital goods and services by a taxpayer whose outward activity was renting and leasing of immovable property. The credit covered, among other things, construction materials, sanitary and plumbing materials, electrical goods, architecture, landscaping, construction and labour services, works contract services, and related expenditure.

The taxpayer had initially refrained from taking credit because of the restrictions in Section 17(5)(c) and (d). It subsequently claimed credit after a High Court decision had read down Section 17(5)(d) in the context of property constructed for letting out. That earlier approach treated a continuing stream of taxable rent as preserving the tax chain and therefore as warranting credit.

The Court rejected the taxpayer's challenge to the demand. It held that the subsequent availment was contrary to the statutory restrictions and was also beyond the applicable time limit under Section 16. The Court further held that a unilateral communication seeking departmental approval, which was never approved or answered, could not create a bona fide basis for availment of blocked credit or defeat proceedings under Section 74.

The decision is significant because it separates two propositions that are often conflated: first, renting is a taxable supply of services; secondly, the construction-stage inward supplies satisfy the independent conditions for credit. Under the CGST framework, the former does not neutralise a specific blocked-credit provision.

Key Issues / Provisions

Renting and works contract as supplies of services

Schedule II, paragraph 5(a), provides that "renting of immovable property" shall be treated as a supply of services. Paragraph 6(a) likewise treats a "works contract as defined in clause (119) of section 2" as a composite supply of services.

The relevant definition in Section 2(119) describes a works contract as a contract for building, construction, fabrication, completion, erection, installation, fitting out, improvement, modification, repair, maintenance, renovation, alteration or commissioning of immovable property where transfer of property in goods is involved in execution of the contract. This definition is material because Section 17(5)(c) specifically addresses works contract services.

General entitlement and time limit

Section 16(1) confers entitlement to credit of input tax charged on supplies used or intended to be used "in the course or furtherance of" business, subject to prescribed conditions and restrictions. This opening entitlement is not absolute. Section 16(2) additionally requires, among other conditions, possession of the prescribed tax document, receipt of goods or services, payment of tax to the Government in the prescribed manner, and furnishing of the return.

Section 16(4) states that credit on an invoice or debit note cannot be taken after the thirtieth day of November following the end of the relevant financial year or furnishing of the relevant annual return, whichever is earlier. The statutory text also contains specific provisions for identified earlier financial years. For the dispute decided in 2026 (7) TMI 220 - MADRAS HIGH COURT, the Court held that the credit had not been availed within the applicable Section 16 time limit. That conclusion governs the case decided.

Blocked credits for construction of immovable property

Section 17(5) begins with a non-obstante clause: "Notwithstanding anything contained in sub-section (1) of section 16 and sub-section (1) of section 18, input tax credit shall not be available" in respect of the specified categories. Thus, even a business nexus under Section 16(1) cannot prevail over a credit block within Section 17(5).

Section 17(5)(c) blocks credit on "works contract services when supplied for construction of an immovable property" other than plant and machinery. The express exception is where the works contract service is an input service for further supply of works contract service. A person supplying renting services is not, merely because of that outward supply, within this further-supply exception.

Section 17(5)(d) blocks credit on "goods or services or both received by a taxable person for construction of an immovable property" other than plant and machinery "on his own account including when such goods or services or both are used in the course or furtherance of business." The words "including when" are consequential: commercial use, including use for an outward rental business, does not on its own remove the bar.

Explanation 1 to Section 17(5)(c) and (d) provides that "construction" includes reconstruction, renovation, additions, alterations or repairs, to the extent capitalised to the immovable property. The Explanation to Section 17 defines "plant and machinery" as apparatus, equipment and machinery fixed to earth by foundation or structural support and used for making outward supplies; it includes the relevant foundations and structural supports, but excludes land, building or other civil structures, telecommunication towers and pipelines laid outside factory premises.

The supplied statutory text also contains Explanation 2 to Section 17(5)(d), which clarifies that, notwithstanding anything contrary in any judgment, decree or order, a reference to "plant or machinery" in clause (d) shall be construed, and shall always be deemed to have been construed, as a reference to "plant and machinery." The precise consequence of this text for a particular credit period must be assessed against the statutory provisions applicable to that period and the facts of the claim.

Detailed Analysis

Taxable rent does not displace the construction credit block

The Court in 2026 (7) TMI 220 - MADRAS HIGH COURT treated the statutory embargo as decisive. The taxpayer's business of renting and leasing did not alter the character of inward construction-related goods and services as supplies used for construction of immovable property on its own account. The Court therefore held that the credit was impermissible under Section 17(5)(c) and (d).

This approach follows the statutory sequence. Section 16 determines whether there is a general business-related entitlement. Section 17 then limits that entitlement. Where inward supplies fall within either clause (c) or clause (d), the fact that the completed property is deployed in earning taxable rent is insufficient, without more, to establish credit eligibility.

The functionality inquiry under the Supreme Court decision

2024 (10) TMI 286 - Supreme Court is central to the meaning of the earlier expression "plant or machinery" in Section 17(5)(d). The Court held that this expression could not automatically be equated with the defined phrase "plant and machinery" appearing in the Explanation to Section 17. The disjunctive wording had to be given effect and could not be judicially rewritten.

The Court upheld the constitutional validity of Section 17(5)(c), Section 17(5)(d) and Section 16(4), emphasising that input tax credit is a statutory entitlement and that the legislature may prescribe exceptions to it. At the same time, it held that a mall, warehouse or other building may, in an appropriate factual case, qualify as a "plant" for the earlier wording of Section 17(5)(d). The test is functional: whether, considering the registered person's business and the role performed by the building, construction of that building was essential to carrying out the taxable activity. The Court remitted the factual determination rather than treating commercial use or rental use as conclusive.

The primary decision does not treat every rented building as a plant. On the facts before it, the Court found the construction credit to be blocked and held that the earlier High Court basis on which the credit was claimed had been removed by the Supreme Court ruling. Accordingly, a functionality-based contention requires clear, contemporaneous material demonstrating the building's operative and essential role in the particular business; it cannot rest solely on the existence of taxable rental income.

Earlier letting-out view and its reversal

2019 (5) TMI 1278 - ORISSA HIGH COURT had read down Section 17(5)(d) to permit credit for construction of property intended for letting out where the tax chain was said to remain unbroken. Its reasoning focused on avoidance of cascading and the taxable nature of rental receipts. That view explains why taxpayers engaged in leasing may have considered construction credit to be available.

However, 2024 (10) TMI 286 - Supreme Court set aside the reading down of Section 17(5)(d). The constitutional challenge to the blocked-credit provisions failed. The relevant inquiry, under the statutory wording examined by the Supreme Court, was not whether rent was taxable but whether the property could factually be characterised as a plant by applying the functionality test. The primary decision applies this later position and does not preserve the earlier letting-out rationale as an independent ground for credit.

Foundation and structural-support exception

2025 (8) TMI 551 - APPELLATE AUTHORITY FOR ADVANCE RULING, GUJARAT concerned a concrete structure supporting manufacturing equipment. The authority held that the structure was an essential foundation and structural support for plant and machinery and therefore fell within the statutory Explanation. Credit on inputs and input services used for its construction was held available.

That ruling is factually distinct from construction of premises for renting. Its relevance lies in the analytical distinction it draws between an ordinary civil structure and a foundation or structural support that is integral to identified plant and machinery used for outward supplies. A lessor seeking to rely on this exception must establish that the claimed expenditure relates to the qualifying foundation or support, rather than to the building as such.

Pre-GST CENVAT authorities: contextual but not determinative

2018 (9) TMI 1135 - MADRAS HIGH COURT accepted CENVAT credit on construction services used to provide renting of immovable property services. It proceeded on the earlier CENVAT input-service definition and the nexus between construction and the output renting service. The ruling demonstrates the different statutory design of the pre-GST regime; it does not override the non-obstante block in Section 17(5).

Similarly, 2022 (12) TMI 472 - KARNATAKA HIGH COURT upheld CENVAT credit on construction-related inputs and input services used for a renting business. Its rationale was that the constructed building was used in the business of providing the output service. Under GST, that broad nexus reasoning must yield where the express conditions of Section 17(5)(c) or (d) are attracted.

2022 (12) TMI 139 - PUNJAB AND HARYANA HIGH COURT likewise addressed the former CENVAT definition of "input service", including its setting-up limb, and held that a later exclusion was not retrospective for the period in issue. It is useful for understanding the earlier credit position, but it cannot determine eligibility under the CGST Act's separately worded blocked-credit provisions.

Demand, interest and penalty exposure

Section 74(1) authorises a notice where input tax credit has been wrongly availed or utilised "by reason of fraud, or any wilful-misstatement or suppression of facts to evade tax." The notice must require the taxpayer to show cause against tax, interest under Section 50 and penalty equivalent to the tax stated in the notice. Section 74(10) prescribes a five-year period for issuance of the adjudication order, calculated from the due date of the annual return for the relevant financial year or from the date of erroneous refund, as applicable.

In the primary decision, the taxpayer relied on a previous communication to the department. The Court held that an unresponded request for approval, made outside the GST return mechanism, was not departmental concurrence. It also considered the wider actual availment, compared with the proposed credit stated in that communication, while holding that a case for the extended period had been made out. The decision underlines that disclosure arguments depend on the nature, completeness and statutory mode of disclosure, not merely on the existence of correspondence.

Section 50(3) provides that where credit has been wrongly availed and utilised, interest is payable on the wrongly availed and utilised credit at a rate not exceeding twenty-four per cent, in the prescribed manner. Further, Section 122(2)(b) prescribes, where the wrong availment or utilisation is by reason of fraud, wilful misstatement or suppression of facts to evade tax, a penalty equal to ten thousand rupees or the tax due, whichever is higher. Section 74 also contains statutory closure mechanisms on payment within the periods specified in sub-sections (5), (8) and (11).

Practical Implications

  • Credit reviews for rented commercial property should separately identify works contract services, materials, capitalised repair expenditure, movable equipment, and foundations or structural supports. A single project-level conclusion is unlikely to be reliable.
  • The claim should first be tested under Section 16, including the relevant time limit and documentary conditions. It should then be tested independently against both Section 17(5)(c) and Section 17(5)(d).
  • The fact that rental income is taxable, and that construction was commercially necessary to generate that income, does not itself satisfy either the works-contract exception or the plant-and-machinery exception.
  • Where a plant or structural-support argument is available, records should address functional necessity, technical design, identified machinery, the connection between the structure and that machinery, capitalisation treatment, and the nature of outward supplies.
  • Representations or letters to the department should not be treated as approval unless an express statutory approval or determination has actually been issued. Return disclosures and reconciliations should accurately identify ineligible credit and reversals.
  • In a Section 74 dispute, the defence must separately address substantive eligibility, timing under Section 16, the statutory basis for alleging fraud, wilful misstatement or suppression, utilisation of credit for interest purposes, and the consequences of any reversal or payment.

Key Takeaways

  • Renting of immovable property is a supply of services, but taxable outward rent does not automatically permit credit on construction of the rented property.
  • Section 17(5)(c) and (d) are specific overrides of the general business-use entitlement in Section 16(1).
  • The historical read-down that allowed credit merely because property was let out has been set aside. The Supreme Court's functionality analysis does not create a blanket rental-property exception.
  • A claim based on plant, plant and machinery, or qualifying foundation and structural support is necessarily evidence-driven and fact-specific.
  • Belated availment and incomplete statutory disclosure can compound substantive credit disputes by exposing the taxpayer to proceedings under Section 74, interest under Section 50(3), and penalty consequences.

 


Full Text:

2026 (7) TMI 220 - MADRAS HIGH COURT

Topics

Acts Income Tax