Introduction Block Credit
As the name itself suggests, “blocked credit” means blocking or restricting the availability of input tax credit (ITC). Under GST, businesses are generally allowed to take credit of the tax paid on purchases and use it to pay output GST. However, the law helps to clearly recognizes that not every expense should be eligible for credit. Section 17(5) of the CGST Act, 2017 is the concept of blocked input tax credit which specifies certain goods and services on which ITC is expressly disallowed, even if such goods or services are used in the course or furtherance of business. In simple words, GST paid on these items becomes a cost to the business, as it cannot be adjusted against output tax liability.
The intention behind blocking credit under Section 17(5) is to prevent misuse of ITC and restrict credit on personal, luxury, or non-business-oriented expenses. For example, expenses that provide personal comfort, are used for employee welfare beyond statutory limits, or are capital in nature for personal use are kept outside the ITC framework. Therefore, blocked credit under Section 17(5) acts as an exception to the general rule of seamless credit under GST. Every registered person must carefully examine this section while claiming ITC, because wrong availment of blocked credit can lead to interest, penalties, and litigation.
In short, Section 17(5) defines where GST credit stops, ensuring that only genuine business-related taxes flow smoothly through the GST system.
What is Input Tax?
- CGST (Central GST) charged on intra or same -state purchases
- SGST (State GST) charged on intra or same -state purchases
- UTGST (Union Territory GST) charged on purchases within Union Territories
- IGST (Integrated GST) charged on inter-state purchases
- Tax paid under Reverse Charge Mechanism (RCM)
- IGST paid on import of goods
Important Point
Examples of Input Tax & ITC
- GST paid = Input Tax
- Used for taxable business supply
- ITC available = ₹18,000
- Can be adjusted against output GST
- GST paid = Input Tax
- Output supply = Exempt
- ITC = Not allowed
- GST paid = Input Tax
- Covered under Section 17(5)
- ITC = Blocked
- GST paid under RCM = Input Tax
- ITC available after payment
- Can be set off against output GST
Difference Between Input Tax and Input Tax Credit (ITC)
|
Basis |
Input Tax |
Input Tax Credit (ITC) |
|
Meaning |
GST paid on
purchases |
Portion of
input tax allowed to be claimed |
|
Stage |
Paid at time
of purchase |
Claimed after
meeting conditions |
|
Nature |
Gross amount
of GST paid |
Eligible and
usable amount |
|
Eligibility |
Always exists
when GST is paid |
Subject to
Sections 16 & 17 |
|
Blocked
Credit |
Included |
Not allowed |
|
Set-off |
Cannot be set
off directly |
Can be
adjusted against output tax |
- Input tax includes CGST, SGST, UTGST, IGST
- Includes RCM tax and IGST on imports
- Excludes tax paid under Composition Scheme
- ITC is allowed only for business + taxable supplies
- Blocked credits under Section 17(5) are never allowed
Overview of Section 17 – Apportionment of Credit (CGST Act, 2017)
|
SS |
Description |
Overview / Explanation |
|
1 |
Business
and non-business |
ITC is allowed only to the extent goods or services are used for
business purposes. If partly used for non-business (personal use), ITC must
be proportionately reversed. |
|
2 |
Taxable
and Exempt Supply |
When inputs are used for both taxable and exempt supplies, ITC relating
to exempt supplies is not allowed and must be reversed proportionately. |
|
3 |
Exempt
supply includes? |
Exempt supply includes: ·
Nil-rated supplies ·
Wholly exempt supplies ·
Non-taxable supplies ·
Supplies on which recipient pays tax under RCM
·
Sale of land and completed buildings |
|
4 |
For Banks,
FIs and NBFCs |
Banks, Financial Institutions, and NBFCs can opt to claim only 50% of
eligible ITC every month. The balance 50% is treated as ineligible (Rule 38). |
|
5 |
Blocked
Credits |
Certain goods and services are specifically blocked under Section 17(5)
(e.g., motor vehicles, food & beverages, construction, personal
consumption, gifts, etc.), even if used in business. |
|
6 |
Government |
For government or local authorities, ITC is available only when they
are registered and making taxable supplies. ITC relating to exempt or
sovereign functions is not allowed. |
Classification of Inputs under GST
- Inputs - Inputs refer to goods (other than capital goods) that are used or intended to be used in the business.
- Examples:
- Raw materials
- Packing materials
- Consumables
- Trading goods
- A manufacturer purchasing steel to produce machinery steel is treated as input.
- Capital Goods - Capital goods are goods used in business whose value is capitalized in the books of accounts and on which depreciation is claimed.
- Examples:
- Plant and machinery
- Heavy equipment
- Computers and servers
- Office machinery
- A construction company purchasing an excavator this is treated as capital goods. ITC on capital goods is generally allowed in full, subject to conditions and Section 17(5) restrictions.
- Input Services - Input services mean services used or intended to be used in the course or furtherance of business.
- Examples:
- Legal and professional services
- Audit fees
- Advertising and marketing services
- Security, consultancy, and manpower services
- Audit fees paid to a CA firm are treated as input services.
- Determines eligibility of ITC
- Helps in correct accounting treatment
- Affects reversal under Rules 42 & 43
- Important for GST audits and assessments
Conditions for Taking Input Tax Credit (ITC) (Section 16 of the CGST Act)
Condition No. 1 – Valid Tax Invoice / Debit Note
- Seller must have actually supplied goods or services
- Buyer must possess a valid tax invoice / debit note issued as per GST rules
- Invoice is fake or incomplete
- Supplier is non-existent
- Invoice not reported by supplier
Condition No. 2 – Receipt of Goods or Services
- Buyer must receive the goods or services.
- Physical receipt by buyer
- Receipt by agent or third party on buyer’s direction
- Only invoice received but goods not received
Condition No. 3 – Tax Must Be Paid to Government
- In cash, or
- Through ITC (credit ledger)
- Supplier collected GST but did not deposit it
Condition No. 4 – Return Must Be Filed
- Buyer must file: GSTR-3B (mandatory)
- Return not filed
Condition No. 5 – Goods Received in Lots / Installments
- If goods are received in multiple lots or installments, ITC can be claimed only after receipt of the last lot.
- Lot 1 received → ITC not available
- Lot 2 received → ITC not available
- Lot 3 received → ITC available for entire invoice
Condition No. 6 – Depreciation on GST Component
- If depreciation is claimed on GST portion of capital goods under Income Tax, ITC is not allowed.
- Cost capitalised = Actual price + GST
- Cost capitalised = Actual price only (GST excluded)
|
Capitalisation Method |
ITC Status |
|
Cost =
₹10,00,000 + GST ₹1,80,000 |
ITC not
allowed |
|
Cost =
₹10,00,000 only |
ITC allowed |
Quick Summary Table of Conditions for Taking Input Tax Credit (ITC)
|
Condition |
Status |
|
Valid invoice |
Mandatory |
|
Receipt of
goods/services |
Mandatory |
|
Tax paid to
Govt |
Mandatory |
|
Return filed |
Mandatory |
|
Last lot
received |
Mandatory (if
installments) |
|
No
depreciation on GST |
Mandatory |
- ITC is a conditional benefit, not a right
- Failure of any one condition = ITC denied
- Documentation + compliance = key to ITC safety
Blocked Credit – ITC Not Available for Certain Goods & Services (Section 17(5) – Negative List of ITC)
Let’s divide them broadly
1. Personal Purpose – Goods & Services Used for Personal Consumption
- Food & beverages
- Outdoor catering
- Beauty treatment, cosmetic & plastic surgery
- Health services
- Life & health insurance
- Club, gym, fitness centre membership
- Travel benefits to employees on vacation (LTC / Home Travel)
- It is mandatory under any law (e.g., employee insurance under labour laws)
- Used for making outward taxable supply of the same category
- A company provides free lunch to employees → ITC blocked
- But if a catering business purchases food supplies → ITC allowed
2. Not for Further Sale (Motor Vehicles, Vessels & Aircraft)
- Motor vehicles for transportation of persons (≤ 13 seats)
- Vessels & aircraft
- Insurance, repair & maintenance of above
- Further supply (sale) of motor vehicles
- Transportation of passengers
- Training on driving, flying, navigating
- Transportation of goods
- Car purchased by CA firm for partner → ITC blocked
- Car purchased by car dealer for resale → ITC allowed
3. For Immovable Property (Construction Related)
- Construction of office building
- Factory building
- Godown
- Interior works (if capitalised)
- Immovable property is constructed for further supply (e.g., builder constructing flats for sale before completion)
- Plant & machinery (specifically excluded from immovable property)
- ITC on cement & steel used to construct own office → Blocked
- ITC on plant & machinery installed in factory → Allowed
4. Towers, Pipelines & Similar Fixed Structures
- Telecom towers
- Pipelines laid outside factory premises
- Fixed civil structures attached to earth
- Telecom company constructing mobile tower → ITC blocked
- Pipeline laid outside factory for gas supply → ITC blocked
|
Category |
Reason for Blocking ITC |
Examples |
|
Personal
purpose |
Not used for
business |
Food,
insurance, club |
|
Not for
resale |
End-use
consumption |
Cars,
aircraft |
|
Immovable
property |
Capital asset |
Buildings,
offices |
|
Towers &
pipelines |
Specifically
restricted |
Telecom
towers |
Last Date of Availing ITC, Reversal of ITC (180-Day Rule) & Interest Liability under GST
1. Last Date of Availing Input Tax Credit (Section 16(4) of CGST Act)
- 30th November following the end of that financial year, OR
- Date of filing Annual Return (GSTR-9) for that financial year
- Invoice date: 01-11-2019
- Financial Year: 2019-20
- Relevant deadlines:
- 30-11-2020
- Date of filing GSTR-9 for FY 2019-20
- Goods are received
- Invoice is valid
- Tax is paid
2. Reversal of ITC – 180 Days Payment Rule (Second Proviso to Section 16(2))
- Invoice date: 01-11-2019
- Last date for payment: 180 days from invoice
- Payment not made within 180 days
- ITC can be re-availed (re-credited)
- Section 16(4)-time limit does not apply for such re-credit
- 180-day rule does not apply to: Supplies liable to Reverse Charge (RCM)
- Rule applies only to normal forward-charge supplies
3. Interest Liability on Reversal of ITC
- Rate of Interest
- 18% per annum
- Period for Interest Calculation
- ITC availed in January
- Payment not made within 180 days
- ITC reversed in July
Summary Table of Last Date of Availing ITC, Reversal of ITC (180-Day Rule) & Interest Liability under GST
|
Particular |
Rule |
|
Last date to
avail ITC |
Earlier of 30
Nov or GSTR-9 filing |
|
Payment to
supplier |
Within 180
days |
|
Non-payment
within 180 days |
ITC reversal
required |
|
Interest rate |
18% per annum |
|
Re-credit
after payment |
Allowed |
Ineligible ITC on Certain Services under GST (Section 17(5) – Blocked Credit)
Let us understand each category clearly.
Food & Beverages
- Food or drinks are provided to:
- Employees
- Directors
- Guests
- Free meals, tea, snacks, refreshments, etc.
- The same service is used for making outward taxable supply of food & beverages. Example: Restaurant, hotel, catering business
- Company provides free lunch to employees → ITC not allowed
- Restaurant purchases raw food material → ITC allowed
Outdoor Catering
- Catering services provided for:
- Office events
- Employee welfare
- Meetings or celebrations
- Catering service is used for further supply of catering service
- Or mandatory under any law (rare cases)
- Caterer hired for staff party → ITC blocked
- Caterer buying catering service for resale → ITC allowed
Beauty Treatment
- Salon services
- Spa treatments
- Grooming services for employees or management
- Beauty treatment is the core business activity
- Salon service for company director → ITC not allowed
- Beauty parlour purchasing beauty services → ITC allowed
Health Services
- Medical check-ups
- Doctor consultations
- Health care benefits provided to employees
- Health services are:
- Mandatory under any law, or
- Used for making outward taxable supply of health services
- Company-sponsored health check-up → ITC blocked
- Hospital availing medical services → ITC allowed
Cosmetic & Plastic Surgery
- Cosmetic surgery
- Aesthetic or plastic surgery
- Non-medical procedures
- Surgery is required due to:
- Congenital defect
- Injury
- Trauma
- Medical necessity
- Cosmetic surgery for appearance → ITC not allowed
- Surgery due to accident injury → ITC allowed
|
Service Category |
ITC Status |
|
Food & beverages |
Blocked |
|
Outdoor catering |
Blocked |
|
Beauty treatment |
Blocked |
|
Health services |
Blocked |
|
Cosmetic surgery |
Blocked |
|
Same service used for resale |
Allowed |
Rent-a-Cab Service
- Cab facility is provided:
- As a staff benefit
- For office convenience
- Without any statutory obligation
- Rent-a-cab service is used for providing the same outward taxable service, OR
- Cab facility is mandatory under any law for the employer
- Office provides cab facility to employees → ITC not allowed
- Cab operator hiring another cab for business → ITC allowed
Life Insurance
- Life insurance taken voluntarily for:
- Employees
- Directors
- Management
- Life insurance is:
- Used for providing same taxable insurance service, OR
- Mandatory under any Government law for employees
- Company takes optional life insurance policy for staff → ITC blocked
- Insurance company purchasing re-insurance → ITC allowed
Health Insurance
- Mediclaim or health insurance provided as:
- Per company policy
- Employee welfare benefit
- Health insurance is:
- Mandatory under law (e.g., labour laws), OR
- Used for making outward taxable supply of insurance services
- Optional group health policy for employees → ITC not allowed
- Mandatory employee insurance under statute → ITC allowed
- When the service is used for providing the same type of outward taxable service
- When providing such service is compulsory under Government law If neither condition is satisfied, ITC is blocked, even if:
- GST is paid
- Invoice is proper
- Expense is for business
|
Service |
ITC Status |
|
Rent-a-cab |
Conditional |
|
Life insurance |
Conditional |
|
Health insurance |
Conditional |
|
Voluntary employee benefit |
Not allowed |
|
Mandatory under law |
Allowed |
Ineligible ITC on Works Contract & Construction of Immovable Property (Section 17(5)(c) & 17(5)(d) of CGST Act)
Works Contract Service
- Works contract service is used for:
- Construction of own office
- Factory building
- Godown
- Residential or commercial building
- Works contract service is used for providing the same type of outward works contract service
- Company hires contractor to build its office → ITC not allowed
- Main contractor hires sub-contractor → ITC allowed
Goods & Services Used for Construction of Immovable Property (Own Use)
- Cement, steel, bricks
- Architect & interior designer fees
- Construction labour
- Consultancy charges (when capitalised in books)
- Construction is for own use
- Property is capitalised as an asset
- Used for business or personal purpose (both covered)
- Used for construction of plant & machinery
- Immovable property is constructed for further supply (e.g., builder selling flats before completion)
- Cement used for office building → ITC blocked
- Machinery foundation & installation → ITC allowed
Special Exception – Plant & Machinery
- Plant & machinery used in factory or business operations
- Land
- Building
- Civil structures
- Telecommunication towers
- Pipelines laid outside factory premises
Common Logic Behind Blocking ITC
- Creates an immovable asset, and
- Is used for own consumption, not for outward taxable supply
|
Particular |
ITC Status |
|
Works contract for own building |
Not allowed |
|
Sub-contracted works contract |
Allowed |
|
Construction of office / factory |
Not allowed |
|
Construction of plant &
machinery |
Allowed |
|
Inputs capitalised in books |
Not allowed |
Ineligible ITC under GST – Special Situations
Composition Scheme
- A composition dealer is not eligible to claim ITC on any inward supply.
- Also, buyers purchasing from a composition dealer cannot claim ITC because tax is paid at a concessional rate.
- Trader under composition scheme buys goods → No ITC
- Registered buyer purchases from composition dealer → No ITC
Non-Resident Taxable Person (NRTP)
- Non-Resident Taxable Person cannot avail ITC on inward supplies.
- ITC is allowed only on import of goods
- NRTP pays GST on hotel or local services → ITC not allowed
- NRTP imports goods into India → ITC allowed
Personal Consumption
- Goods or services used for personal use of:
- Proprietor
- Partners
- Directors
- Employees
- Mobile phone purchased for personal use → ITC not allowed
- Household items bought through firm → ITC blocked
Free Samples, Lost, Stolen or Destroyed Goods
- Free samples distributed
- Goods lost or stolen
- Goods destroyed due to fire, accident, etc.
- Goods written off in books
- Medicines given as free samples → ITC blocked
- Stock destroyed in fire → ITC not allowed
Fraud Cases
- Fraud
- Wilful misstatement
- Suppression of facts
- Detention or confiscation of goods
- GST paid after fraud notice → ITC cannot be claimed
Common Logic Behind These Restrictions
- Tax payment is penal in nature, or
- Goods/services are not used for taxable outward supply, or
- Special category of person is involved
|
Category |
ITC Status |
|
Composition scheme |
Not allowed |
|
Non-resident taxable person |
Except imports |
|
Personal consumption |
Not allowed |
|
Free samples / destroyed goods |
Not allowed |
|
Fraud cases |
Not allowed |
Ineligible ITC on Motor Vehicles & Other Conveyance (Section 17(5)(a) of CGST Act)
Passenger Transport Vehicles
- Vehicles with Seating Capacity Up to 13 Passengers
- ITC Not Available
- ITC is not allowed on motor vehicles used for transportation of persons having seating capacity up to 13 (including driver).
- Further supply of vehicles (sale of vehicles)
- Transportation of passengers
- Motor driving training institute
- Car purchased by CA firm for partner use → ITC not allowed
- Taxi operator purchasing car → ITC allowed
- Driving school purchasing car → ITC allowed
Passenger Vehicles with Seating Capacity More Than 13
- ITC is allowed on motor vehicles used for transportation of persons having more than 13 passengers.
- Bus used by transport company → ITC allowed
- Staff bus having 40 seats → ITC allowed
Goods Transport Vehicles / Goods Transport Agency (GTA)
- ITC is allowed on motor vehicles used for transportation of goods, including vehicles used by Goods Transport Agency (GTA).
- Truck purchased by logistics company → ITC allowed
- Tempo used for goods delivery → ITC allowed
|
Category |
ITC Status |
|
Passenger vehicles ≤ 13 seats |
Blocked |
|
Passenger vehicles > 13 seats |
Allowed |
|
Goods transport vehicles |
Allowed |
|
Taxi, passenger transport service |
Allowed |
|
Driving training institute |
Allowed |
- Seating capacity is the primary deciding factor
- Personal or office-use cars → ITC blocked
- Commercial passenger & goods transport → ITC allowed
- Exceptions override the general restriction
Section 17(5) – Complete Negative List of ITC (Blocked Credit)
|
Sl. No. |
Goods / Services |
ITC Not Available When |
ITC Available When (Exception) |
Practical Example |
|
1 |
Motor Vehicles & Conveyances (incl. vessels & aircraft) |
Used for
transport of persons (≤13 seats) |
Further
supply, passenger transport, training, transport of goods |
Car for director (not allowed) Car dealer for resale (allowed) |
|
2 |
Insurance,
Repair & Maintenance of Vehicles |
Related to
blocked motor vehicles |
Vehicle
itself eligible for ITC |
Car servicing
for office (not allowed) |
|
3 |
Food &
Beverages |
Personal or
employee consumption |
Used for same
outward taxable supply |
Free lunch (not allowed) Restaurant raw material (allowed) |
|
4 |
Outdoor
Catering |
Office
functions, staff welfare |
Mandatory
under law or same service resale |
Staff party (not
allowed) |
|
5 |
Beauty
Treatment |
Personal
grooming or wellness |
Beauty
service business |
Director
salon (not allowed) |
|
6 |
Health
Services |
Employee
health check-ups |
Mandatory
under law or hospital business |
Medical camp (not
allowed) |
|
7 |
Cosmetic
& Plastic Surgery |
For
appearance or lifestyle |
Due to
injury, trauma, congenital defect |
Cosmetic
surgery (not allowed) |
|
8 |
Club, Gym
& Fitness Membership |
Recreation or
personal benefit |
No general exception(not allowed) |
Gym fees (not
allowed) |
|
9 |
Rent-a-Cab |
Optional
employee transport |
Mandatory
under law or same service outward |
Office cab (not
allowed) |
|
10 |
Life
Insurance & Health Insurance |
Optional
employee benefit |
Mandatory
under law |
Mandatory
ESIC (allowed) |
|
11 |
Travel
Benefits to Employees |
LTC,
vacation, leave travel |
No exception(not allowed) |
Holiday
reimbursement (not allowed) |
|
12 |
Works
Contract Services |
Construction
of own immovable property |
Further
supply of works contract |
Office
construction (not allowed) |
|
13 |
Goods
& Services for Construction |
Capitalised
immovable property |
Plant &
machinery |
Cement for
office (not allowed) |
|
14 |
Immovable
Property |
Own office,
factory, building |
For further
supply (builder before OC) |
Own building (not
allowed) |
|
15 |
Plant
& Machinery (Exception) |
– |
Always ITC
allowed (except civil structure) |
Factory
machine (allowed) |
|
16 |
Telecom
Towers |
Always
blocked |
No exception(not allowed) |
Mobile tower (not
allowed) |
|
17 |
Pipelines
outside factory |
Always
blocked |
No exception (not
allowed) |
External
pipeline (not allowed) |
|
18 |
Goods Lost
/ Stolen / Destroyed |
Written off
or free samples |
No exception (not allowed) |
Expired stock
(not allowed) |
|
19 |
Free
Samples & Gifts |
Distributed
free |
No exception (not
allowed) |
Promotional
gifts (not allowed) |
|
20 |
Personal
Consumption |
Personal use |
No exception (not allowed) |
Personal
laptop (not allowed) |
|
21 |
Composition
Dealer Purchases |
Supplier
under Sec 10 |
No exception (not
allowed) |
Purchase from
comp. dealer (not allowed) |
|
22 |
NRTP
(Non-Resident Taxable Person) |
All inward
supplies |
Import of
goods only |
NRTP services
(not allowed) |
|
23 |
Tax paid
due to Fraud / Suppression |
Demand due to
fraud, seizure |
No exception (not
allowed) |
Fraud demand (not
allowed) |
|
24 |
Depreciation
on GST Portion |
GST
capitalised & depreciation claimed |
GST excluded
from cost |
Capital asset
with GST (not allowed) |
|
25 |
180 Days
Non-Payment |
Supplier not
paid in 180 days |
Re-credit
after payment |
Delay payment
(not allowed) → (allowed) |
FAQ's
Is ITC allowed on rent-a-cab and insurance services?
ITC is not allowed, except when:
- The same service is used for outward taxable supply, or
- Providing such service is mandatory under Government law.
Can ITC be claimed on construction of office or factory?
No. ITC on works contract services and goods/services used for construction of immovable property for own use is blocked, except for plant and machinery.
Is ITC available on goods given as free samples?
No. ITC is not available on goods that are:
- Given as free samples
- Lost or stolen
- Destroyed
- Written off in books
Can a composition dealer claim ITC?
No. A composition dealer cannot claim ITC, and buyers purchasing from a composition dealer also cannot claim ITC.
Is ITC available to a Non-Resident Taxable Person (NRTP)?
ITC is not allowed to NRTP, except on import of goods.

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