Leasing real estate faces tax credit issue in India
Real Estate

Leasing real estate faces tax credit issue in India

Commercial real estate developers leasing their properties are receiving notices about blocked credit eligibility under sections 17 (5) C and 17 (5) D even as the case is being argued at the Supreme Court, say real estate industry stakeholders.

If a developer constructs a commercial building and sells it before obtaining an occupancy certificate, they may be eligible to claim credit, provided they pay the output GST on the sale transaction.

However, if the developer uses the building for leasing, such an Input Tax Credit (ITC) is not available for set-off. This situation has a significant impact on the overall business, as it increases the cost of construction, subsequently leading to higher rentals for tenants.

Gaurav Karnik, the national leader of real estate at EY India, stated, "This impacts the overall business as this increases the cost of construction, thereby increasing rentals. Multiple representations have been sent to the government, but developers have yet to get any relief. As India is becoming the preferred choice for office space and global capability centers for MNCs who typically prefer to lease property, such an anomaly tends to impact the economics of operating in India negatively."

A representation by the Confederation of Indian Industry (CII) highlighted that construction costs typically account for 32% to 38% of the total project cost. Given that GST is applicable at the rate of 18% on such services (which becomes the cost for the company), there is a significant cost that the industry bears due to the specific restriction on the availment of ITC.

Abhishek A. Rastogi, founder of Rastogi Chambers, who is arguing the matter before the Supreme Court and various high courts, explained, "The moot point before the court is whether input tax credit can be denied when goods and services are used for the construction of the building on own account. These buildings are used by the businesses for rendering output services such as leasing, hotel services, and warehouse services."

Both sale and leasing are different ways to monetize the value from the property; however, the tax treatment is different, as is the tax burden, which is against the principles of equality, experts said. This situation poses challenges for commercial real estate developers and tenants alike, affecting the cost structure and overall economics of operating in the Indian real estate market.

Commercial real estate developers leasing their properties are receiving notices about blocked credit eligibility under sections 17 (5) C and 17 (5) D even as the case is being argued at the Supreme Court, say real estate industry stakeholders.If a developer constructs a commercial building and sells it before obtaining an occupancy certificate, they may be eligible to claim credit, provided they pay the output GST on the sale transaction.However, if the developer uses the building for leasing, such an Input Tax Credit (ITC) is not available for set-off. This situation has a significant impact on the overall business, as it increases the cost of construction, subsequently leading to higher rentals for tenants.Gaurav Karnik, the national leader of real estate at EY India, stated, This impacts the overall business as this increases the cost of construction, thereby increasing rentals. Multiple representations have been sent to the government, but developers have yet to get any relief. As India is becoming the preferred choice for office space and global capability centers for MNCs who typically prefer to lease property, such an anomaly tends to impact the economics of operating in India negatively.A representation by the Confederation of Indian Industry (CII) highlighted that construction costs typically account for 32% to 38% of the total project cost. Given that GST is applicable at the rate of 18% on such services (which becomes the cost for the company), there is a significant cost that the industry bears due to the specific restriction on the availment of ITC.Abhishek A. Rastogi, founder of Rastogi Chambers, who is arguing the matter before the Supreme Court and various high courts, explained, The moot point before the court is whether input tax credit can be denied when goods and services are used for the construction of the building on own account. These buildings are used by the businesses for rendering output services such as leasing, hotel services, and warehouse services.Both sale and leasing are different ways to monetize the value from the property; however, the tax treatment is different, as is the tax burden, which is against the principles of equality, experts said. This situation poses challenges for commercial real estate developers and tenants alike, affecting the cost structure and overall economics of operating in the Indian real estate market.

Next Story
Resources

Ajmera Realty launches tree drive on Environment Day

Ajmera Realty & Infra India marked World Environment Day with a large-scale tree plantation initiative—Plant-with-Purpose—across its projects in Mumbai and Bangalore. The drive was inaugurated at Ajmera Manhattan and Ajmera Greenfinity in Wadala, with senior company officials and residents in attendance. The campaign encourages residents to embrace eco-conscious, self-reliant lifestyles by growing useful plants and trees within their communities. Horticulture expert Devendra Bhekar guided residents on creating and maintaining green spaces. Ajmera Realty planted over 500 trees..

Next Story
Resources

Twaron®-reinforced tyre powers Brunel’s solar race car

Teijin Aramid’s Twaron® with circular content will debut in Bridgestone’s race tyres for the 2025 Bridgestone World Solar Challenge, supporting the Brunel Solar Team’s Nuna 13 car. This marks the first use of the recycled-content aramid in a high-performance race tyre. The Twaron®-reinforced belts help enhance durability, reduce rolling resistance, and maintain lightweight strength—critical for the 3,000-km solar race across Australia. Bridgestone combines this with ENLITENTM tech and other recycled inputs to maximise environmental and performance outcomes. Teijin Aramid, a..

Next Story
Building Material

Kamdhenu Paints launches new wood coating range

Kamdhenu Paints has launched a comprehensive premium wood coating range designed for both interior and exterior applications. The collection includes high-performance solutions like Kamwood 2K PU for a rich matt or high-gloss finish, Kamwood 1K PU for clarity and stain protection, and the Kamwood Melamyne system for a smooth, durable finish. Also featured are Kamwood Wood Stains, which enhance wood grains with vibrant colour, and NC Sanding Sealer for high-build grain filling. The range is supported by Kamwood Thinners for ease of application and optimal finish. Saurabh Agarwal, MD, ..

Advertisement

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

Advertisement

Advertisement

Advertisement

Talk to us?