Archive · 22 Sep 2025
CGST Act Amendments to Take Effect October 1st, Impacting ITC
Imagine a tax on certain goods and services.
There's a rule saying you can't get back the tax you paid on building things like malls.
However, the Supreme Court said malls *could* get a tax break.
Now, the government is changing the rules to say, 'Nope, no tax breaks for mall construction!'
starting retroactively.
This means businesses might have to pay back some taxes, and it could lead to more arguments in court.
CBIC set October 1, 2025, as the effective date for CGST Act amendments.
Amendments stem from the Finance Act 2025 and are retrospective.
The changes primarily target Section 17(5) regarding input tax credit (ITC).
The amendments are designed to override the Supreme Court's ruling in the Safari Retreats case.
The core issue revolves around whether mall construction qualifies for ITC.
- Who
- CBIC (Central Board of Indirect Taxes & Customs)
- What
- Notified the date for amendments to the CGST Act, altering input tax credit rules.
- When
- October 1, 2025 (Effective date)
- Where
- India
- Why
- To overturn judicial interpretations allowing input tax credit for mall construction.
Taxpayers
Government
Input Tax Credit (ITC) Eligibility
Taxpayers
Taxpayers claimed ITC on construction, based on High Court and initial Supreme Court rulings.
Government
Government insists on retrospective amendment to deny ITC for construction of malls.
- Act Name
- CGST Act
- Amendment Date
- October 1, 2025
- Amendment Type
- Retrospective
- Finance Act
- 2025
- Section Impacted
- Section 17(5)