GST Authorities Issue Notices to Developers Over Rs 35 Billion Claims
ECONOMY & POLICY

GST Authorities Issue Notices to Developers Over Rs 35 Billion Claims

Several property developers have reportedly received show-cause notices from the Goods and Services Tax (GST) authorities, questioning their claims for input tax credit (ITC) amounting to approximately Rs 35 billion, according to sources familiar with the matter.

These notices follow a Supreme Court ruling in October regarding Safari Retreats, which allowed commercial real estate companies to claim ITC on construction costs for rental buildings.

The GST authorities have sought the refund of ITC from the developers, arguing that the credits were wrongly claimed, and in some cases, they have blocked the credit claims altogether. A developer who received a notice mentioned that the notices were causing significant confusion among industry players.

The Supreme Court had upheld the constitutional validity of the relevant provisions while emphasizing that eligibility for ITC should be determined on a case-by-case basis, based on the "essentiality" and "functionality" tests. The Court also specified that two conditions must be met to avail tax credit: the property must either be leased out or sold before construction is complete, and it must qualify as "plant or machinery."

Authorities stated that credits claimed by real estate companies would be deemed eligible once it is conclusively established that they meet the functionality and essentiality tests outlined by the Supreme Court.

Many developers have already approached the court in response to these notices, claiming that tax officials are misusing the provision to block and deny ITC. Tax officials explained that they are carefully reviewing ITC claims to prevent potential misuse. Abhishek A. Rastogi, the founder of Rastogi Chambers, argued that a scientific and objective mechanism must be applied uniformly to determine eligibility, in order to avoid unjustly denying rightful credits.

He also pointed out that in certain cases, authorities are interpreting the Supreme Court's findings as applying only to the petitioners in the Safari Retreats case. He stated that this interpretation is flawed, as judicial precedents are binding and should be applied uniformly to all taxpayers in similar situations across the industry.

Several property developers have reportedly received show-cause notices from the Goods and Services Tax (GST) authorities, questioning their claims for input tax credit (ITC) amounting to approximately Rs 35 billion, according to sources familiar with the matter. These notices follow a Supreme Court ruling in October regarding Safari Retreats, which allowed commercial real estate companies to claim ITC on construction costs for rental buildings. The GST authorities have sought the refund of ITC from the developers, arguing that the credits were wrongly claimed, and in some cases, they have blocked the credit claims altogether. A developer who received a notice mentioned that the notices were causing significant confusion among industry players. The Supreme Court had upheld the constitutional validity of the relevant provisions while emphasizing that eligibility for ITC should be determined on a case-by-case basis, based on the essentiality and functionality tests. The Court also specified that two conditions must be met to avail tax credit: the property must either be leased out or sold before construction is complete, and it must qualify as plant or machinery. Authorities stated that credits claimed by real estate companies would be deemed eligible once it is conclusively established that they meet the functionality and essentiality tests outlined by the Supreme Court. Many developers have already approached the court in response to these notices, claiming that tax officials are misusing the provision to block and deny ITC. Tax officials explained that they are carefully reviewing ITC claims to prevent potential misuse. Abhishek A. Rastogi, the founder of Rastogi Chambers, argued that a scientific and objective mechanism must be applied uniformly to determine eligibility, in order to avoid unjustly denying rightful credits. He also pointed out that in certain cases, authorities are interpreting the Supreme Court's findings as applying only to the petitioners in the Safari Retreats case. He stated that this interpretation is flawed, as judicial precedents are binding and should be applied uniformly to all taxpayers in similar situations across the industry.

Next Story
Building Material

Suraj Estate Wins Euromoney Award for India’s Best Residential Developer

"Suraj Estate Developers Limited has received the Euromoney Real Estate Award 2025 for ‘India’s Best Residential Developer’, positioning the company among globally benchmarked leaders in the sector. The recognition reflects its four-decade legacy in delivering high-quality residential and redevelopment-led projects across South Central Mumbai. The Euromoney Real Estate Awards, presented by the London-based Euromoney magazine, are widely regarded as one of the most credible global assessments of performance in real estate, banking and finance. Winners are selected through surveys of inte..

Next Story
Building Material

Lloyds Metals, Tata Steel Sign MoU to Explore Strategic Collaboration

"Lloyds Metals and Energy Limited has signed a non-binding Memorandum of Understanding with Tata Steel Limited to evaluate potential areas of strategic cooperation across mining, logistics, pelletisation and steelmaking. The MoU was signed by B Prabhakaran, Managing Director of Lloyds Metals, and Mr T V Narendran, CEO and Managing Director of Tata Steel. The partnership framework aims to leverage the natural operational synergies between both companies and assess opportunities in greenfield steel projects, iron ore mining, slurry pipeline infrastructure, pellet manufacturing in iron ore–ric..

Next Story
Equipment

Caterpillar Debuts Three New Cat Excavators at EXCON 2025

Caterpillar Inc., a global leader in construction and mining machinery, strengthened its commitment to India’s infrastructure growth with the debut of three new Cat® hydraulic excavators at EXCON 2025, held from December 9–13 at the Bangalore International Exhibition Centre. The new models—Cat 321, Cat 322 and Cat 324—mark a significant step forward in delivering efficient, digital-ready equipment tailored for India’s evolving construction needs.Designed to support sustainability and productivity on modern jobsites, the machines feature advanced powertrains and intelligent electrohy..

Advertisement

Subscribe to Our Newsletter

Get daily newsletters around different themes from Construction world.

STAY CONNECTED

Advertisement

Advertisement

Advertisement

Advertisement

Open In App