Section 17(5), CGST Act 2017
Section 17(5): blocked credits (ineligible ITC)
Some input tax credit is blocked by law no matter how the expense relates to your business. Claiming it triggers a reversal with interest. Here's the list that matters most.
What "blocked credit" means
Section 17(5) lists supplies on which ITC is not available, overriding the general entitlement under Section 16. If you claim it, the credit must be reversed, with interest under Section 50(3) if utilised.
Commonly blocked credits
- Motor vehicles for transport of persons (seating ≤ 13, including driver) — except when used for further supply, passenger transport, or driving training.
- Food and beverages, outdoor catering, health services, beauty treatment, cosmetic surgery — unless used to make an outward taxable supply of the same category or where providing it is obligatory under law.
- Membership of a club, health or fitness centre.
- Rent-a-cab, life insurance, health insurance — except where obligatory.
- Travel benefits to employees on vacation (leave/home travel concession).
- Works contract services for construction of immovable property — except for plant and machinery, or where it is an input service for further works contract.
- Goods/services for construction of immovable property on own account (capitalised), other than plant and machinery.
- Goods lost, stolen, destroyed, written off, or disposed of as gifts or free samples.
- Tax paid under composition (Section 10), and certain demands.
What GSTBuddies does — and does not — do here
Section 17(5) turns on what each expense was, and a GST return never carries that. The returns show a credit was taken; only your purchase register or books say whether it was for a car, a staff meal or a building. So GSTBuddies does not screen your ITC against the Section 17(5) list — identifying blocked credit stays a manual review against your books, and any tool that claims to do it from returns alone is guessing.
What the audit does cover is the credit trail around it: ITC claimed in GSTR-3B against the eligible GSTR-2B figure, the Section 16(4) time-bar, and the annual Table 8 reconciliation — so an excess claim surfaces even when its reason has to be established from your records. Explore the full compliance suite or GSTR-2B vs 3B ITC matching.
FAQ
Is ITC on motor vehicles always blocked?
ITC on passenger motor vehicles (seating ≤ 13) is generally blocked, except when used for further supply of vehicles, passenger transport, or driving training.
Can I claim ITC on construction of my office building?
No. ITC on goods/services for construction of immovable property on own account is blocked under Section 17(5), other than for plant and machinery.