ITC on leasing of commercial property under GST remains available in limited circumstances despite Safari Retreats. This article explains how Section 17(5)(d) applies to lease rentals and construction-linked credits.
ITC on telecom towers continues to be blocked under GST despite their critical business role. This article explains how Section 17 overrides earlier judicial views and why functional arguments fail post-GST.
ITC on plant and machinery under GST remains a high-risk area, particularly where civil structures and foundations are involved. This article explains the statutory scope of Section 17(5), the limited role of the functional test, and the eligibility of civil components post-GST.
A principled analysis of the conflict between functional interpretation and statutory prohibition under GST, examining the constitutional limits of judicial interpretation in fiscal law.
Reopening of assessments after 2021 is no longer automatic. This article explains how courts interpret “information suggesting escapement of income” and why many reassessment notices fail at the threshold stage.
This article explains whether ITC on immovable property under GST is available on construction after the Supreme Court’s Safari Retreats judgment, focusing on Section 17(5) restrictions and practical compliance implications.
The Supreme Court in Union of India v. Ashish Agarwal (2022) settled the controversy surrounding income-tax reassessment notices issued after 1 April 2021. This article explains the new reassessment law, section 148A procedure, limitation under section 149, and the impact of the judgment.
The Supreme Court in Safari Retreats (2024) has finally settled the meaning of “on own account” under Section 17(5)(d) of the CGST Act. This article explains how the Court’s interpretation clarifies blocked input tax credit on construction of immovable property, even where such property is used for leasing or other taxable business purposes.
Why ITC on Civil Structures Still Divides the GST World GST was introduced with a clear promise — tax should not stick where business value is created. Input tax credit was meant to move smoothly through the supply chain. Yet, few provisions have disrupted that promise…
Clause 1 of the Income-tax Bill, 2025 lays down the foundation of the new income-tax law by defining its territorial scope and commencement. This article explains how and when the Income-tax Act, 2025 will come into force and how Clause 1 compares structurally with the corresponding provision of the Income-tax Act, 1961.
