The Supreme Court dismissed a review petition in the Safari Retreat case, upholding the eligibility of input tax credit (ITC) on leased buildings under GST.
The bench ruled that if a building is constructed for providing services like renting or leasing out, it can be considered a plant, making it eligible for ITC under GST.
The issue revolved around Section 17(5) of the CGST Act, where the High Court held that for rental income from a mall, the assessee is entitled to ITC on GST paid for the mall's construction.
The Supreme Court's decision affirms the legality of claiming ITC on construction expenses for immovable property for further business use, especially in real estate and infrastructure sectors.