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october 2024

Supreme Court of India · 2024-10-03

Chief Commissioner Of Central Goods And ... vs M/S Safari Retreats Private Limited

Citation / case number
2024 INSC 756
Court
Supreme Court of India
Petitioner
Chief Commissioner Of Central Goods And ...
Respondent
M/S Safari Retreats Private Limited
Author
Abhay S. Oka
Bench
Sanjay Karol, Abhay S Oka

Judgment text excerpt

The Supreme Court addressed the constitutional validity of clauses (c) and (d) of sub-section (5) of Section 17 of the Central Goods and Services Tax Act, 2017, which restrict Input Tax Credit (ITC) for construction services intended for letting out. The Court upheld the High Court's decision to read down Section 17(5)(d), affirming that the denial of ITC would frustrate the purpose of the CGST Act, thereby allowing the first respondent to claim ITC on GST paid for the construction of a shopping mall. The ruling reinforces the principle that tax provisions should not hinder the benefits intended for taxpayers under the GST framework.

Chief Commissioner Of Central Goods And ... vs M/S Safari Retreats Private Limited · Niyam