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Ineligible ITC under GST – Blocked Credit List, Conditions, Exceptions & FAQs

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.

    Ineligible_ITC_under_GST –Blocked_Credit_List_Conditions_Exceptions_&_FAQs

    What is Input Tax?

    Input Tax meaning the GST amount paid by a registered person on the of purchases of goods or services used in the course or furtherance of business. In simple terminology, it is the tax you pay while buying a commodity or service, which can later be adjusted against the tax you collect on sales, subject to GST conditions.

    Under GST, input tax includes:
    • 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
    Apart from tax charged by the supplier, input tax also includes:
    • Tax paid under Reverse Charge Mechanism (RCM)
    • IGST paid on import of goods
    All these taxes together form part of input tax, provided they are paid and used for business purposes.

    Important Point

    Tax paid under the Composition Scheme is NOT treated as input tax. A composition dealer cannot claim Input Tax Credit (ITC), and hence such tax is excluded from the definition of input tax.

    In Simple terms,  Whenever a business buys goods or services and pays GST on commodity or service avail that GST becomes input tax for business known as ITC. If all GST rules are followed, this input tax can be claimed as Input Tax Credit (ITC) and set off against output GST liability.

    Examples of Input Tax & ITC

    Example 1: Normal Business Purchase

    ABC Traders purchased goods worth ₹1,00,000 and paid CGST ₹9,000 + SGST ₹9,000.
    • GST paid = Input Tax
    • Used for taxable business supply
    • ITC available = ₹18,000
    • Can be adjusted against output GST
    Fully eligible ITC

    Example 2: Purchase for Exempt Supply

    XYZ Ltd purchased raw material for making exempt goods and paid IGST of ₹15,000.
    • GST paid = Input Tax
    • Output supply = Exempt
    • ITC = Not allowed
    ITC must be reversed

    Example 3: Blocked Credit

    A firm purchased a car for director’s use and paid GST of ₹2,50,000.
    • GST paid = Input Tax
    • Covered under Section 17(5)
    • ITC = Blocked
    GST becomes expense

    Example 4: Reverse Charge

    A registered person paid GST under RCM on legal services.
    • GST paid under RCM = Input Tax
    • ITC available after payment
    • Can be set off against output GST
    RCM tax is eligible ITC

    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


    All ITC is input tax, but all input tax is NOT ITC.

    Key Points to Remember 
    1. Input tax includes CGST, SGST, UTGST, IGST 
    2. Includes RCM tax and IGST on imports 
    3. Excludes tax paid under Composition Scheme 
    4. ITC is allowed only for business + taxable supplies 
    5. 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

    Under the GST law, everything on which a business pays tax is broadly classified into three categories— Inputs, Capital Goods, and Input Services. This classification is important because Input Tax Credit (ITC) rules, usage, and reversals depend on how an item is classified.

    All these categories must be used in the course or furtherance of business to be eligible for ITC.

    1. 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.
    2. 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.
    3. 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.
    For Furtherance of Business – Key Condition

    All inputs, capital goods, and input services must be used for business purposes. If they are used partly for personal or exempt purposes, proportionate ITC reversal is required under Section 17.

    Why This Classification Matters
    • Determines eligibility of ITC
    • Helps in correct accounting treatment
    • Affects reversal under Rules 42 & 43
    • Important for GST audits and assessments
    In Simple Words, Anything you buy (goods or services) for your business falls into one of these three categories. Correct classification ensures proper ITC claim and avoids GST disputes.

    Conditions for Taking Input Tax Credit (ITC) (Section 16 of the CGST Act)

    To claim ITC, all conditions must be satisfied simultaneously. If even one condition fails, ITC is not available.

    Condition No. 1 – Valid Tax Invoice / Debit Note

    Requirement

    • Seller must have actually supplied goods or services
    • Buyer must possess a valid tax invoice / debit note issued as per GST rules

    ITC Not Available If
    • Invoice is fake or incomplete
    • Supplier is non-existent
    • Invoice not reported by supplier
    Example 

    Invoice received from registered supplier for office furniture → Condition satisfied

    Condition No. 2 – Receipt of Goods or Services

    Requirement

    • Buyer must receive the goods or services.

    Receipt includes:
    • Physical receipt by buyer
    • Receipt by agent or third party on buyer’s direction
    ITC Not Available If
    • Only invoice received but goods not received
    Example

    Laptop invoiced but not delivered → ITC not available

    Condition No. 3 – Tax Must Be Paid to Government

    Requirement

    GST charged must be actually paid to the Government by the supplier:
    • In cash, or
    • Through ITC (credit ledger)
    ITC Not Available If
    • Supplier collected GST but did not deposit it
    Example

    Supplier filed invoice but defaulted in tax payment → ITC blocked to buyer

    Condition No. 4 – Return Must Be Filed

    Requirement

    • Buyer must file: GSTR-3B (mandatory)

    ITC Not Available If

    • Return not filed

    Example

    Eligible ITC exists but GSTR-3B not filed → ITC cannot be availed

    Condition No. 5 – Goods Received in Lots / Installments

    Requirement
    • If goods are received in multiple lots or installments, ITC can be claimed only after receipt of the last lot.
    Example

    Machinery ordered in 3 parts:
    • 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

    Requirement
    • If depreciation is claimed on GST portion of capital goods under Income Tax, ITC is not allowed.
    ITC Not Available When
    • Cost capitalised = Actual price + GST
    ITC Available When
    • 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


    Final Takeaway 
    1. ITC is a conditional benefit, not a right 
    2. Failure of any one condition = ITC denied 
    3. Documentation + compliance = key to ITC safety

    Blocked Credit – ITC Not Available for Certain Goods & Services (Section 17(5) – Negative List of ITC)

    Input Tax Credit (ITC) is not available on certain goods and services even if they are used in the course or furtherance of business. These are commonly called Blocked Credits.

    Let’s divide them broadly 

    1. Personal Purpose – Goods & Services Used for Personal Consumption

    Principle 

    If goods or services are used for personal use, ITC is not allowed, even if purchased in the name of business.

    Blocked Examples
    • 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)
    ITC Allowed Only If
    1. It is mandatory under any law (e.g., employee insurance under labour laws)
    2. Used for making outward taxable supply of the same category
    Example

    1. A company provides free lunch to employees → ITC blocked
    2. But if a catering business purchases food supplies → ITC allowed

    2. Not for Further Sale (Motor Vehicles, Vessels & Aircraft)

    Principle

    When goods are not meant for resale or further supply, ITC is restricted.

    Blocked Goods / Services
    • Motor vehicles for transportation of persons (≤ 13 seats)
    • Vessels & aircraft
    • Insurance, repair & maintenance of above

    ITC Allowed If Used For
    • Further supply (sale) of motor vehicles
    • Transportation of passengers
    • Training on driving, flying, navigating
    • Transportation of goods

    Example
    1. Car purchased by CA firm for partner → ITC blocked
    2. Car purchased by car dealer for resale → ITC allowed

    3. For Immovable Property (Construction Related)

    Principle

    ITC is not allowed on goods/services used for construction of immovable property, if capitalised.

    Blocked ITC Covers
    • Construction of office building
    • Factory building
    • Godown
    • Interior works (if capitalised)
    Construction includes reconstruction, renovation, additions, alterations if capitalised.

    ITC Allowed If
    • Immovable property is constructed for further supply (e.g., builder constructing flats for sale before completion)
    • Plant & machinery (specifically excluded from immovable property)

    Example
    1. ITC on cement & steel used to construct own office → Blocked
    2. ITC on plant & machinery installed in factory → Allowed

    4. Towers, Pipelines & Similar Fixed Structures

    Principle

    Even though used for business, ITC is specifically blocked by law.

    Blocked Items
    • Telecom towers
    • Pipelines laid outside factory premises
    • Fixed civil structures attached to earth

    Example
    1. Telecom company constructing mobile tower → ITC blocked
    2. 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


    Key Points to Remember Business use alone is not enough to claim ITC. If an item falls under Section 17(5), ITC is blocked even if GST is paid.

    Last Date of Availing ITC, Reversal of ITC (180-Day Rule) & Interest Liability under GST

    Input Tax Credit (ITC) under GST is not an automatic right. It is allowed only when time limits and conditions prescribed under the GST law are strictly followed. Let us understand three very important compliance aspects:

    1. Last Date of Availing Input Tax Credit (Section 16(4) of CGST Act)

    Legal Provision

    ITC relating to any invoice or debit note of a financial year cannot be availed after the earlier of:
    1. 30th November following the end of that financial year, OR
    2. Date of filing Annual Return (GSTR-9) for that financial year
    Whichever is earlier becomes the final cut-off date.

    Example
    • Invoice date: 01-11-2019
    • Financial Year: 2019-20
    • Relevant deadlines:
      • 30-11-2020
      • Date of filing GSTR-9 for FY 2019-20
    ITC can be claimed only up to the earlier of the above two dates.
    After this date, ITC lapses permanently, even if all other conditions are satisfied.

    Key Point

    Even if:
    • Goods are received
    • Invoice is valid
    • Tax is paid
    ITC will be lost forever if not claimed within the prescribed time limit.

    2. Reversal of ITC – 180 Days Payment Rule (Second Proviso to Section 16(2))

    Legal Provision

    If the recipient fails to pay the supplier the value of supply + GST within 180 days from the invoice date, then:  ITC already claimed must be reversed

    Example
    • Invoice date: 01-11-2019
    • Last date for payment: 180 days from invoice
    • Payment not made within 180 days
    ITC availed earlier must be reversed in GSTR-3B for the month in which 180 days expire.

    Re-Availment of ITC

    Once payment is actually made to the supplier after 180 days:
    1. ITC can be re-availed (re-credited)
    2. Section 16(4)-time limit does not apply for such re-credit
    Important Notes
    • 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
    Interest is payable:

    From the date ITC was originally availed
    Till the date ITC is reversed in return

    Example
    • ITC availed in January
    • Payment not made within 180 days
    • ITC reversed in July
    Interest @ 18% p.a. payable from January to 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


    Final Takeaways: ✔ ITC is time-bound and condition-based ✔ Delay in claiming ITC = permanent loss ✔ 180-day rule causes temporary reversal + interest ✔ Timely payment and return filing are critical for ITC compliance

    Ineligible ITC on Certain Services under GST (Section 17(5) – Blocked Credit)

    Under GST, Input Tax Credit (ITC) is specifically blocked on certain services even if they are used in the course or furtherance of business. These services are treated as personal consumption or employee welfare expenses, and therefore fall in the negative list of ITC.

    Let us understand each category clearly.

    Food & Beverages

    ITC Not Available When
    • Food or drinks are provided to:
      • Employees
      • Directors
      • Guests
    • Free meals, tea, snacks, refreshments, etc.
    ITC Available When
    • The same service is used for making outward taxable supply of food & beverages. Example: Restaurant, hotel, catering business
    Example
    1. Company provides free lunch to employees → ITC not allowed
    2. Restaurant purchases raw food material → ITC allowed

    Outdoor Catering

    ITC Not Available When
    • Catering services provided for:
      • Office events
      • Employee welfare
      • Meetings or celebrations
    ITC Available When
    • Catering service is used for further supply of catering service
    • Or mandatory under any law (rare cases)
    Example
    1. Caterer hired for staff party → ITC blocked
    2. Caterer buying catering service for resale → ITC allowed

    Beauty Treatment

    ITC Not Available
    • Salon services
    • Spa treatments
    • Grooming services for employees or management
    ITC Available When
    • Beauty treatment is the core business activity
    Example
    • Salon service for company director → ITC not allowed
    • Beauty parlour purchasing beauty services → ITC allowed

    Health Services

    ITC Not Available When
    • Medical check-ups
    • Doctor consultations
    • Health care benefits provided to employees
    ITC Available When
    • Health services are:
      • Mandatory under any law, or
      • Used for making outward taxable supply of health services
    Example
    1. Company-sponsored health check-up → ITC blocked
    2. Hospital availing medical services → ITC allowed

    Cosmetic & Plastic Surgery

    ITC Not Available
    • Cosmetic surgery
    • Aesthetic or plastic surgery
    • Non-medical procedures
    ITC Available When
    • Surgery is required due to:
      • Congenital defect
      • Injury
      • Trauma
      • Medical necessity
    Example
    1. Cosmetic surgery for appearance → ITC not allowed
    2. Surgery due to accident injury → ITC allowed
    Practical Insight: ITC is available only if the service is used for providing the same type of outward taxable service. Otherwise, ITC remains blocked, irrespective of: • Business use • GST paid • Proper invoice

    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

    ITC Not Available When
    • Cab facility is provided:
      • As a staff benefit
      • For office convenience
      • Without any statutory obligation
    ITC Available When
    • Rent-a-cab service is used for providing the same outward taxable service, OR
    • Cab facility is mandatory under any law for the employer
    Example
    1. Office provides cab facility to employees → ITC not allowed
    2. Cab operator hiring another cab for business → ITC allowed

    Life Insurance

    ITC Not Available When
    • Life insurance taken voluntarily for:
      • Employees
      • Directors
      • Management
    ITC Available When
    • Life insurance is:
      • Used for providing same taxable insurance service, OR
      • Mandatory under any Government law for employees
    Example
    1. Company takes optional life insurance policy for staff → ITC blocked
    2. Insurance company purchasing re-insurance → ITC allowed

    Health Insurance

    ITC Not Available When
    • Mediclaim or health insurance provided as:
      • Per company policy
      • Employee welfare benefit
    ITC Available When
    • Health insurance is:
      • Mandatory under law (e.g., labour laws), OR
      • Used for making outward taxable supply of insurance services
    Example
    1. Optional group health policy for employees → ITC not allowed
    2. Mandatory employee insurance under statute → ITC allowed

    ITC is available only in two situations: 
    1. When the service is used for providing the same type of outward taxable service 
    2. 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)

    Under GST, Input Tax Credit (ITC) related to construction activities is specifically restricted because such expenses result in creation of immovable property, which is considered a capital asset for self-use.
    Let us understand both categories clearly.

    Works Contract Service

    Meaning

    Works contract includes construction, fabrication, erection, installation, repair, renovation or alteration of an immovable property involving transfer of property in goods.

    ITC Not Available When
    • Works contract service is used for:
      • Construction of own office
      • Factory building
      • Godown
      • Residential or commercial building

    ITC Available When
    • Works contract service is used for providing the same type of outward works contract service

    Example
    1. Company hires contractor to build its office → ITC not allowed
    2. Main contractor hires sub-contractor → ITC allowed

    Goods & Services Used for Construction of Immovable Property (Own Use)

    Includes
    • Cement, steel, bricks
    • Architect & interior designer fees
    • Construction labour
    • Consultancy charges (when capitalised in books)

    ITC Not Available When
    • Construction is for own use
    • Property is capitalised as an asset
    • Used for business or personal purpose (both covered)

    ITC Available When
    • Used for construction of plant & machinery
    • Immovable property is constructed for further supply (e.g., builder selling flats before completion)

    Example
    1. Cement used for office building →  ITC blocked
    2. Machinery foundation & installation →  ITC allowed

    Special Exception – Plant & Machinery

    ITC Available For
    • Plant & machinery used in factory or business operations
    ITC Not Available For
    • Land
    • Building
    • Civil structures
    • Telecommunication towers
    • Pipelines laid outside factory premises

    Common Logic Behind Blocking ITC

    GST law does not allow ITC where the expenditure:
    1. Creates an immovable asset, and
    2. 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 

    Apart from commonly known blocked credits like food, motor vehicles, or construction, GST law also denies ITC in certain special situations, irrespective of business use. These cases are clearly shown in the image and explained below.

    Composition Scheme

     ITC Not Available
    • 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.
    Example
    1. Trader under composition scheme buys goods →  No ITC
    2. Registered buyer purchases from composition dealer →  No ITC

    Non-Resident Taxable Person (NRTP)

     ITC Not Available
    • Non-Resident Taxable Person cannot avail ITC on inward supplies.
     Exception
    • ITC is allowed only on import of goods
     Example
    1. NRTP pays GST on hotel or local services →  ITC not allowed
    2. NRTP imports goods into India →  ITC allowed

    Personal Consumption

     ITC Not Available
    • Goods or services used for personal use of:
      • Proprietor
      • Partners
      • Directors
      • Employees
    Even if purchased in the name of business, ITC is blocked.

    Example
    1. Mobile phone purchased for personal use →  ITC not allowed
    2. Household items bought through firm →  ITC blocked

    Free Samples, Lost, Stolen or Destroyed Goods

    ITC Not Available On
    • Free samples distributed
    • Goods lost or stolen
    • Goods destroyed due to fire, accident, etc.
    • Goods written off in books
    Example
    1. Medicines given as free samples →  ITC blocked
    2. Stock destroyed in fire →  ITC not allowed

    Fraud Cases

    ITC Not Available

    When tax is paid due to:
    • Fraud
    • Wilful misstatement
    • Suppression of facts
    • Detention or confiscation of goods
    Example
    • GST paid after fraud notice →  ITC cannot be claimed

    Common Logic Behind These Restrictions

    ITC is denied where:
    • Tax payment is penal in nature, or
    • Goods/services are not used for taxable outward supply, or
    • Special category of person is involved
    GST law intentionally blocks ITC to prevent misuse and revenue loss.

    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


    Practical Insight:✔ ITC is a conditional benefit, not a right ✔ Special categories override normal ITC rules ✔ Business use alone does not guarantee ITC ✔ Always check Section 17(5) + person category

    Ineligible ITC on Motor Vehicles & Other Conveyance (Section 17(5)(a) of CGST Act)

    Passenger Transport Vehicles

    1. Vehicles with Seating Capacity Up to 13 Passengers
    2. ITC Not Available
    3. ITC is not allowed on motor vehicles used for transportation of persons having seating capacity up to 13 (including driver).
    ITC Available Only If Used For:
    • Further supply of vehicles (sale of vehicles)
    • Transportation of passengers
    • Motor driving training institute
    Example
    • 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 Available
    • ITC is allowed on motor vehicles used for transportation of persons having more than 13 passengers.
    Example
    1. Bus used by transport company →  ITC allowed
    2. Staff bus having 40 seats →  ITC allowed

    Goods Transport Vehicles / Goods Transport Agency (GTA)

    ITC Available
    • ITC is allowed on motor vehicles used for transportation of goods, including vehicles used by Goods Transport Agency (GTA).
    Example
    • 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


    Practical Insight: 
    1. Seating capacity is the primary deciding factor 
    2. Personal or office-use cars → ITC blocked 
    3. Commercial passenger & goods transport → ITC allowed 
    4. 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: 

    1. The same service is used for outward taxable supply, or 
    2. 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: 

    1. Given as free samples 
    2. Lost or stolen 
    3. Destroyed 
    4. 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.

    Sandeep Ghatuary

    Sandeep Ghatuary

    Finance & Accounting blogger simplifying complex topics.

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