Since your query is based on the orissa high court judgement, there is a possibility that the apex court would consider the issue favourably. what merits in the judgement is when the GST chain is not broken, and it is not expended on own account ( but for furtherance of business thereby generating a taxable income) . Plain reading of the section prevents the admissability but the logic behind the inadmissability seems to be unfair. the decision of Apex court is vital, but till than it is wise not to take such ITC. Thanks, With Regards