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GST glossary

Section 17(5) — Blocked credits

Section 17(5) of the CGST Act is the list of ineligible or 'blocked' credits — inward supplies on which ITC cannot be claimed even if used for business.

In brief

Section 17(5) names the supplies on which ITC is barred no matter how they are used — most motor vehicles, food and beverages, membership of clubs, and goods or services for construction of immovable property. Even valid tax invoices appearing in GSTR-2B do not make a blocked credit claimable.

Section 17(5) is the exception list that overrides the general entitlement in Section 16. Common blocks include clause (c) and clause (d) — works-contract and other goods/services used for constructing immovable property on one's own account — plus motor vehicles, health insurance, and free samples. If a credit falls here, it is ineligible even when every other Section 16 box is ticked.

A crucial 2026 point: the Supreme Court's Safari Retreats ruling had briefly opened ITC on certain leased-out buildings via a 'functionality test', but the Finance Act 2025 retrospectively amended Section 17(5)(d) — replacing 'plant or machinery' with 'plant and machinery' from 1 July 2017 — so ITC on immovable-property construction remains blocked. Do not claim it. Other frequently-litigated blocks include CSR expenditure and goods lost, stolen or given as free samples, which should all be tagged ineligible at source.

The Recoup angle: Recoup tags likely 17(5) expense heads at ingestion so blocked credits never reach your GSTR-3B claim.

Governing provision: Section 17(5), CGST Act, 2017. This explainer is for general guidance — verify against the current CGST Act, Rules and the GST portal before relying on it.

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