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GST··12 min read

Ineligible ITC Under GST: Section 17(5) Blocked Credits, Exceptions and Reversal

Ineligible ITC is the input tax credit that Section 17(5) of the CGST Act blocks, however valid the invoice. The main blocks are cars, food, club fees, insurance, construction, CSR spend and gifts.

Each block has exceptions, and several rules changed in 2023, 2024 and 2025. Below: every clause, the exceptions, a worked example and how to reverse credit.

What Is Ineligible ITC Under GST?

Ineligible ITC is credit you cannot claim even though you paid GST on the purchase and hold a valid tax invoice. Section 17(5) lists these items and applies despite Section 16(1), which otherwise gives credit on business purchases.

The list is read clause by clause, and most clauses carry a narrow exception. The table below is the short version.

Section 17(5) of the CGST Act at a Glance
ClauseCredit blocked onMain exception
(a)Motor vehicles for carrying persons, 13 seats or fewerResale of vehicles, passenger transport, driving training
(aa)Vessels and aircraftResale, passenger transport, training, goods transport
(ab)Insurance, servicing and repair of those vehiclesSame exceptions, or by the maker or insurer
(b)(i)Food, outdoor catering, beauty, health, cosmetic surgery, vehicle rental, life and health insuranceSame category supplied outward, or cover the law obliges
(b)(ii)Club, health and fitness centre membershipNone
(b)(iii)Leave and home travel concession for employeesNone
(c)Works contract services for immovable propertyUsed for further works contract services
(d)Goods and services to build immovable property on own accountPlant and machinery
(e)Purchases on which composition tax was paidNone
(f)Purchases by a non-resident taxable personGoods imported by that person
(fa)Goods and services used for CSRNone
(g)Personal consumptionNone
(h)Lost, stolen, destroyed, gifted or free sample goodsNone
(i)Tax paid under Section 74 for FY 2023-24 and earlierNone

Work out the GST on a purchase

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Motor Vehicles, Vessels and Aircraft: Clauses (a), (aa) and (ab)

ITC is blocked on a motor vehicle meant to carry persons when its approved seating is 13 or fewer including the driver. A car bought for a director or for staff travel falls here, however often it is used for work.

When Credit on a Vehicle Is Allowed
AssetCredit allowed when it is used forBlocked otherwise
Motor vehicle, 13 seats or fewerFurther supply of such vehicles, passenger transport, driving trainingYes
Bus or van, more than 13 seatsAny business use, subject to Section 16Not blocked
Goods vehicleAny business use, subject to Section 16Not blocked
Vessel or aircraftResale, passenger transport, training, goods transportYes
Insurance, repair, maintenance of theseThe same uses, or by the maker or the insurerYes

A car dealer therefore claims credit on cars held for sale, and a driving school claims it on training cars. CBIC Circular 231/25/2024-GST adds that demo vehicles can qualify as further supply, while transport for the dealer's own staff cannot.

The cost of financing a car whose GST you cannot claim is easy to underestimate. The Car Loan Calculator shows the full outflow including the blocked GST.

Food, Club Fees, Insurance and Travel: Clause (b)

Clause (b) blocks credit on food and beverages, outdoor catering, beauty treatment, health services, cosmetic and plastic surgery, vehicle rental, life insurance and health insurance. Credit survives only where you supply the same category outward.

A restaurant buying food to serve customers can claim, while a company catering an office party cannot. The same test applies to a caterer, a beauty salon and an insurer buying inputs of its own category.

Insurance: life and health cover are also allowed where the law makes the employer provide them, such as cover notified as obligatory.
Club and gym: clause (b)(ii) has no exception, so a director's club fee paid by the company stays blocked.
Travel: clause (b)(iii) blocks leave and home travel concession and has no exception. Travel for business is not blocked.
Vehicle rental: renting a car for staff is blocked, while a cab operator hiring cars to carry passengers can claim.

Restaurant services at 5% come with no ITC under Notification 46/2017-Central Tax (Rate). The GST rates guide lists the current rates and conditions.

Construction and Works Contracts: Clauses (c) and (d)

ITC is blocked on works contract services and on goods and services used to build an immovable property, unless the property is plant and machinery. This covers a factory shed, an office building and a showroom built on your own account.

Construction includes re-construction, renovation, additions and repairs, to the extent they are capitalised. One exception helps contractors: a works contractor can claim credit on inputs used for a further works contract service.

Plant and Machinery for Section 17(5)(d), as Defined in the Explanation
ItemTreatment
Apparatus, equipment and machinery fixed to earth by foundation or structural supportPlant and machinery
The foundation and structural support for itPlant and machinery
LandNot plant and machinery
Buildings and other civil structuresNot plant and machinery
Telecommunication towersNot plant and machinery
Pipelines laid outside the factory premisesNot plant and machinery

On 3 October 2024 the Supreme Court held in Safari Retreats that a building can be a plant on its facts. That could have allowed credit on a building used to earn rent.

The Finance Act 2025 then replaced plant or machinery with plant and machinery in clause (d), deemed from 1 July 2017. A building let out for rent stays blocked on the statute as it now reads, so treat older notes that allow it as superseded.

Other Blocked Credits: Clauses (e) to (i)

The remaining clauses block credit on composition purchases, non-resident purchases, CSR spend, personal use, lost or gifted goods and tax paid after a Section 74 demand. Two of them changed recently and older guides miss both.

Clauses (e) to (i) of Section 17(5)
ClauseWhat is blockedRecent change
(e)Goods and services on which tax was paid under the composition schemeNone
(f)Purchases by a non-resident taxable person, except imported goodsNone
(fa)Goods and services used for CSR under Section 135 of the Companies ActAdded from 1 October 2023
(g)Goods and services used for personal consumptionNone
(h)Goods lost, stolen, destroyed, written off, gifted or given as free samplesNone
(i)Tax paid under Section 74 for periods up to FY 2023-24Rewritten by the Finance (No. 2) Act 2024

Clause (i) once covered Sections 74, 129 and 130. It now covers only Section 74 demands up to FY 2023-24, so tax paid after detention or confiscation no longer blocks credit.

Credit on goods used partly for personal use is apportioned and the personal share is blocked. Verify every supplier's GSTIN with the GST number search guide before you rely on their invoice.

Other Conditions That Stop an ITC Claim

Section 17(5) is not the only reason credit fails, since Section 16 and the Rules add conditions of their own. A purchase can clear Section 17(5) and still lose credit on any of these.

Conditions Outside Section 17(5)
RuleWhat it requiresIf missed
Section 16(2)Tax invoice, receipt of goods or services, tax paid by the supplier, return filedCredit denied
Section 16(4)Claim by 30 November after the year, or the annual return date if earlierCredit lapses
Rule 37Pay the supplier within 180 days of the invoice dateReverse with interest
Rules 42 and 43Reverse credit on inputs used for exempt supplies or capital goodsReverse the share

Reconcile your claim with the annual return to catch these. The GSTR-9 guide shows where blocked and reversed ITC is reported.

Worked Example: A Month of Purchases

A trader paid Rs 1,43,000 of GST in a month, and Rs 35,000 of it is blocked under Section 17(5). The credit that can be used is Rs 1,08,000.

GST Paid in the Month and Credit Allowed (figures are illustrative)
PurchaseGST paidCredit allowedClause
Raw materialsRs 1,08,000Rs 1,08,000Not blocked
Staff party cateringRs 5,000Nil(b)(i)
Director club membershipRs 9,000Nil(b)(ii)
Staff holiday packageRs 3,000Nil(b)(iii)
Capitalised office renovationRs 18,000Nil(d)
TotalRs 1,43,000Rs 1,08,000Rs 35,000 blocked

With output tax of Rs 2,00,000, the cash payable is Rs 92,000 (Rs 2,00,000 less Rs 1,08,000). Claiming all Rs 1,43,000 would show Rs 57,000, which understates the tax by Rs 35,000.

If that error ran for 3 months before correction, interest at 18% a year is Rs 1,575 (Rs 35,000 x 18% x 3 / 12). The Rs 35,000 of blocked GST stays in the cost of those purchases.

Reversal, Interest and Penalty

Blocked credit is kept out of Table 4(A) of GSTR-3B, and credit already claimed is reversed in Table 4(B)(1), which covers Rules 38, 42 and 43 and Section 17(5). Most Section 17(5) items are not flagged in GSTR-2B, so you classify them from your own books.

Interest under Section 50 runs at 18% a year from the day the wrongly claimed credit was used. A demand can add penalty under Section 73, Section 74A or Section 122, depending on the facts.

Reverse and pay before a notice arrives, since voluntary payment limits the exposure. The GST portal carries the Table 4 layout of GSTR-3B.

Reversing blocked credit you have already claimed takes five steps.

1

List the blocked purchases

Mark every invoice in the purchase register that falls under a Section 17(5) clause.

2

Total the credit

Add up the IGST, CGST and SGST claimed on those invoices.

3

Reverse it in GSTR-3B

Report the amount in Table 4(B)(1) of the next return.

4

Work out the interest

Charge 18% a year under Section 50 from the day the credit was used.

5

Pay and keep the working

Pay the interest in cash and file the working with the invoices.

Common Mistakes With Blocked Credit

The most common mistake is claiming credit on every invoice in GSTR-2B without checking what was bought. The portal cannot see how you use a purchase, so the check is yours.

Claiming on staff and director perks: food, club fees, holiday packages and insurance all sit in clause (b).
Claiming on capitalised repairs: renovation counts as construction to the extent it is capitalised.
Treating a rental building as plant: the Finance Act 2025 closed that route from 1 July 2017.
Missing CSR spend: clause (fa) has applied since 1 October 2023.
Ignoring the 180 day rule: unpaid supplier invoices lose credit under Rule 37.
Forgetting the cost: blocked GST belongs in the cost of the asset or expense.

Frequently Asked Questions: Ineligible ITC

What is ineligible ITC under GST?

Ineligible ITC is input tax credit that the law does not let you claim, even though you paid GST on the purchase. Section 17(5) of the CGST Act lists the blocked items, such as cars, food, club memberships and construction.

What is blocked credit under Section 17(5)?

Blocked credit is the list of goods and services in Section 17(5) on which ITC is barred, whatever Section 16 says. The list runs from clause (a) on motor vehicles to clause (i) on tax paid under Section 74.

Can I claim ITC on a car bought for business?

Generally no, when the car seats 13 or fewer including the driver. ITC is allowed only if you use the car for further supply of cars, transporting passengers or driving training. A car for a director or staff is blocked.

Is ITC allowed on trucks, buses and goods vehicles?

Clause (a) blocks only vehicles for transporting persons with up to 13 seats. A goods vehicle, or a bus seating more than 13 including the driver, is not covered, so ITC is available if the other conditions are met.

Is ITC allowed on food and beverages for staff?

No. Food, beverages and outdoor catering bought for staff or events are blocked. A restaurant or caterer can claim ITC on food it buys to supply the same category of service outward.

Is ITC allowed on club membership or a gym?

No. Clause (b)(ii) blocks credit on membership of a club, health and fitness centre, even when the company pays the fee and the member is a director.

Is ITC allowed on health or life insurance for employees?

It is blocked, except where the law obliges the employer to provide the cover, or where the insurance is an outward supply of the same category. Voluntary group cover for staff is blocked.

Can I claim ITC on renting or hiring vehicles?

Leasing, renting or hiring a vehicle with up to 13 seats is blocked, unless the vehicle would qualify under clause (a). A cab operator hiring cars to carry passengers can claim. A company hiring cabs for staff cannot.

Is ITC allowed on constructing a building?

No, for an immovable property built on your own account, even if it is used in business, unless it is plant and machinery. Works contract services for construction are also blocked, except when used for further works contract services.

What counts as plant and machinery under Section 17(5)(d)?

The Act defines it as apparatus, equipment and machinery fixed to earth by foundation or structural support and used to make outward supplies. It excludes land, buildings, other civil structures, telecom towers and pipelines outside the factory.

What did the Safari Retreats case decide?

On 3 October 2024 the Supreme Court held that a building can be a plant where it is essential to the business, on its facts. The Finance Act 2025 then amended clause (d) from 1 July 2017 to read plant and machinery, which narrows that ruling.

Is ITC allowed on CSR expenses?

No. Clause (fa), added from 1 October 2023, blocks credit on goods and services used for corporate social responsibility under Section 135 of the Companies Act, 2013.

Is ITC allowed on gifts and free samples?

No. Clause (h) blocks credit on goods given away as gifts or free samples, and on goods lost, stolen, destroyed or written off. Credit already taken on such goods has to be reversed.

Is ITC blocked on tax paid after a fraud demand?

Only for Section 74 demands for periods up to FY 2023-24, under clause (i) as amended by the Finance (No. 2) Act 2024. Tax paid after detention or confiscation under Sections 129 and 130 no longer blocks ITC.

Do restaurants get ITC on their inputs?

Restaurant services at the 5% rate carry no ITC, a rule that dates from Notification 46/2017-Central Tax (Rate). Check the rate notification before you assume ITC for a restaurant inside a hotel.

Is ITC on reverse charge blocked?

Only if the item itself is blocked under Section 17(5). Tax paid under reverse charge on an eligible purchase can be claimed once it has been paid in cash.

How do I reverse ineligible ITC in GSTR-3B?

Report it in Table 4(B)(1) of GSTR-3B, which covers ITC reversed under Rules 38, 42 and 43 and Section 17(5). If you have not claimed it, keep it out of Table 4(A) in the first place.

What happens if I claim ineligible ITC?

You must reverse it with interest under Section 50 at 18% a year from the day you used it. The department can also raise a demand with penalty under Section 73, Section 74A or Section 122, and mismatch notices are common.

Does blocked GST become part of the cost?

Yes. GST you cannot claim stays in the cost of the purchase, whether that is the value of an asset or the amount of an expense.

What else can stop an ITC claim apart from Section 17(5)?

Section 16 needs a tax invoice, receipt of the goods or services, tax paid by the supplier and a filed return. Section 16(4) sets a time limit, and Rule 37 asks you to pay the supplier within 180 days.

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Disclaimer: This guide follows Section 17 of the CGST Act, 2017 as shown in the CBIC tax repository and can change by amendment or notification. Confirm the current position on the GST portal, or with a qualified Chartered Accountant, before you claim or reverse credit. This page is general information and not tax advice.