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Eligibility of ITC on Construction of Mall/Hotel under Section 17(5)(c) & 17(5)(d) in Light of Safari Retreats Judgment

Question: Whether owner of mall or hotel can claim ITC relating to the construction of mall/hotel under section 17(5)(C) or 17(5)(d)? What is the meaning of own account in section 17(5)(c)? (In light of Safari Retreats judgement of Hon’ble Orissa High Court).

Answer: The phrase “on his own account” means ‘for one’s own purposes; for oneself’. Thus, when someone uses such input and input services for his own immovable property, such Input Tax Credit would not be available.

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