Landmark GST Judgments Every Business Must Know in 2026: Safari Retreats ITC Ruling, Section 16(2)(c) Upheld & What It Means for You

GST law in India is now shaped as much by courtrooms as by circulars. Two decisions in particular have changed how businesses should think about input tax credit: the Supreme Court's ruling in the Safari Retreats case, which opened the door to ITC on constructed property let out on rent, and the more recent decision upholding the constitutional validity of Section 16(2)(c), which keeps the buyer responsible when a supplier fails to pay tax. Read together, they tell you where to claim more confidently and where to tighten your controls.
1. Safari Retreats: ITC on Construction of Rented Commercial Property
Chief Commissioner of Central Goods and Service Tax vs Safari Retreats Private Limited, Civil Appeal No. 2948 of 2023, decided by the Supreme Court on 3 October 2024.
Safari Retreats had constructed a shopping mall and let out units on rent. It paid GST on cement, steel, contractor services and other construction inputs, and claimed credit against the GST payable on rental income. The department denied the credit relying on the blocking provisions in Section 17(5)(c) and 17(5)(d) of the CGST Act, which bar ITC on works contract services and on goods or services used for construction of an immovable property on one's own account.
The Supreme Court held that the bar is not absolute. Section 17(5)(d) itself carves out cases where the immovable property is a plant or machinery. Where a building is not merely a passive structure but is an essential tool of the assessee's business, it can qualify as a "plant", and the credit is not blocked.
The Functionality Test
The Court laid down a functionality test. The question to ask is not what the structure is called, but what role it plays. If the building is the apparatus through which the business is carried on, it is a plant. If it is only the setting in which business happens, it is not. Because the answer depends on facts, the Court sent the matters back for fresh examination and made it clear that each case turns on its own evidence.
What This Means for You
- Malls, warehouses, cold storages, hotels, data centres, business parks and similar rental or service assets now have a real, arguable claim to ITC on construction costs.
- The claim is fact-driven. You must be able to show, with drawings, project reports, technical specifications and a clear commercial narrative, how the structure functions as an operating asset and not merely as a place of business.
- Expect the department to test every claim. Interpretation of "plant" will be litigated for years, and refund or credit claims should be documented as if they will be scrutinised, because they will be.
- Section 17(5)(d) also uses the phrase "on his own account", so structures built for sale rather than for use follow a different analysis.
2. Section 16(2)(c) Held Constitutionally Valid
On 24 July 2026, a Supreme Court bench of Justice Sanjay Kumar and Justice Sanjeev Sachdeva dismissed a batch of petitions challenging Section 16(2)(c) of the CGST Act and held the provision constitutionally valid.
Section 16(2)(c) allows ITC to a recipient only where the tax charged on the supply has actually been paid to the Government by the supplier, in cash or through utilisation of credit. The petitioners argued that this punishes an honest buyer for a supplier's default, that the buyer has no means of compelling a supplier to pay, and that the provision therefore violates Articles 14 and 19(1)(g).
The Court did not accept those arguments. ITC is a statutory benefit available on the conditions the statute prescribes, not a vested or fundamental right. The condition is a rational one in a chain-based credit system, since credit is intended to be funded by tax that has actually reached the treasury, and the buyer retains contractual remedies against a defaulting supplier.
What This Means for You
- Your credit is only as reliable as your supplier's compliance. Paying the invoice, including the tax component, does not by itself protect the credit.
- Vendor due diligence stops being optional. Check GST registration status, filing history and cancellation or suspension records before onboarding and periodically after.
- Reconcile GSTR-2B and the Invoice Management System every month, not once a year. Identify missing or amended invoices while there is still time to chase the supplier.
- Build protection into your contracts: a GST indemnity clause, a right of set-off, retention of the tax component until the supplier's return is filed, and a warranty of continuing GST compliance.
- Genuine cases of small mismatches and supplier default are still addressed administratively through departmental instructions on the treatment of mismatches, so representation on facts remains worthwhile even though the section stands.
Reading the Two Decisions Together
The pattern is consistent. Courts are willing to read blocking provisions narrowly and give effect to the statutory carve-outs, as Safari Retreats shows. They are not willing to rewrite the conditions the legislature attached to the credit itself. In practice, that means opportunity on the classification and eligibility side, and strict discipline on the documentation and compliance side.
Practical Compliance Checklist for 2026
- Review capitalised construction costs of the last few years for rented or operational structures and assess ITC eligibility under the functionality test.
- Maintain a technical file for each such property: purpose, design rationale, plant-like features, and revenue linkage.
- Run monthly GSTR-2B and IMS reconciliation with an owner named for follow-up on every mismatch.
- Grade vendors by GST compliance score and hold payments where filings are overdue.
- Insert or refresh GST indemnity, set-off and compliance warranty clauses in all vendor contracts.
- Keep e-way bills, transport documents and proof of receipt of goods or services, since Section 16(2)(b) is tested just as often as 16(2)(c).
- Track limitation periods for credit reversal, reclaim and appeals so no remedy lapses.
- Document the reasoning for every significant ITC position in a note on file, prepared contemporaneously.
How Gadhia Associate Can Help
At Gadhia Associate, Junagadh, we advise businesses across Gujarat on turning GST case law into practical positions. We assess ITC eligibility on construction and infrastructure spend under the Safari Retreats functionality test, prepare the technical and legal documentation to support the claim, design monthly GSTR-2B and IMS reconciliation processes, run vendor GST compliance checks, draft indemnity and retention clauses for your contracts, and represent you in departmental proceedings, audits and appeals where credit has been denied. If you own or lease commercial property, or if a supplier default has put your credit at risk, get in touch for a focused review.
Disclaimer: This article is for general information only and reflects the position of law as of August 2026. Judicial interpretation of Sections 17(5) and 16(2)(c) of the CGST Act continues to evolve and the outcome in any matter depends on its own facts and evidence. Please obtain professional advice before acting on anything stated here.





