ITC is not available for the construction of the immovable property for renting it out for commercial purposes

Quick Summary
The Tamil Nadu Authority for Advance Ruling (AAR) has ruled that Input Tax Credit (ITC) is not available for the construction of immovable property, even if it's intended for commercial rental purposes. This applies even when the inputs and services used are for business purposes. The ruling clarifies that Section 17(5)(d) of the CGST Act blocks ITC for constructing property on one's own account.

Court :
Tamil Nadu AAR

Brief :
The Tamil Nadu AAR, in the matter of Suswani Foundations (P.) Ltd., In re [Advance Ruling No. 123/AAR/2023 dated December 19, 2023] held that as per Section 17(5)(d) the Central Goods and Services Tax Act, 2017 ("the CGST Act") no Input Tax Credit ("ITC") is available in respect of any goods or services received by the Assessee for construction of immovable property on its own account even if inputs and input services are used in course and furtherance of business.

Citation :
Advance Ruling No. 123/AAR/2023 dated December 19, 2023

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Bimal Jain
Published in GST
Views : 335

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