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Supreme Court dismisses GST review plea in Safari Retreat case, upholds ITC on leased buildings

  • 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.

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