Building your office? Be prepared to lose the ITC



Quick Summary
When constructing or renovating your office space, it's common to assume the GST paid on materials and services is recoverable as Input Tax Credit (ITC). However, under Section 17(5)(d) of the CGST Act, 2017, GST incurred on the construction of immovable property for your own use is generally not eligible for ITC. This rule applies even if the property is used solely for business purposes and all outward supplies are taxable. The legislation views this GST as a capital cost rather than a recoverable credit.

Growth Meets GST: The Expectation-Reality Gap in Office Construction Constructing a new office or upgrading an existing workplace is often regarded as a significant milestone in a business's development. It signifies growth, stability, and a long-term vision. Naturally, when substantial GST is incu
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Generally, no. Section 17(5)(d) of the CGST Act, 2017, prohibits ITC on goods or services used for the construction of immovable property on your own account, even if used for business purposes.

Yes, the definition of 'construction' under Explanation 1 to Section 17(5)(d) includes reconstruction, renovation, additions, alterations, or repairs, provided the expenditure is capitalised.

Explanation 2 to Section 17(5)(d) clarifies that 'plant and machinery' must be read conjunctively. Assets like buildings and civil structures are expressly excluded from this exception, meaning ITC is blocked for them.

No, the law explicitly states that ITC is not allowed even when the construction is used in the course or furtherance of business. Business use alone does not override the prohibition in Section 17(5)(d).

If ITC is not allowed, the GST paid on construction and capitalised renovations is added to the cost of the asset. This increased cost can then be claimed for depreciation under the Income-tax Act.

GST law distinguishes between construction on your own account (where ITC is blocked) and works contracts for clients (where ITC on inward supplies is generally available). The key is who the construction is undertaken for.


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About the Author

Partner

CA. Raj Jaggi is a Chartered Accountant based in New Delhi, primarily practising in the field of Goods and Services Tax (GST) consultancy, litigation support, and advisory services. After being associated with the leading indirect tax firm A.K. Batra and Associates for nearly 19 years, from June 2007 to March 2026, he ... Read more

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