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Section 17(5)(d): Construction on Your Own Account

The widest block in section 17(5) — it catches goods and services used in construction even when they are used in the course or furtherance of business.

Vikas Sharma Tax & Compliance Expert
6 min read 6 views Updated Sep 6, 2026 Expert Reviewed Medium Complexity
Section 17(5)(d): Construction on Your Own Account
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Last updated: September 2026Verified against: Government sources
Quick Answer

The widest block in section 17(5) — it catches goods and services used in construction even when they are used in the course or furtherance of business.

Clause (c) blocks a service — works contract services. Clause (d) blocks everything.

Why the clause is drafted the way it is

Section 16(1) grants credit on supplies used or intended to be used in the course or furtherance of business. A person constructing a factory, an office or a hotel is plainly acting in the course of business.

So clause (d) had to say the quiet part out loud: the block applies "including when such goods or services or both are used in the course or furtherance of business."

That phrase is not decorative. It is the answer to the most natural argument a taxpayer would otherwise make.

What "on his own account" means

The block applies where the person constructs for himself — building an asset he will own and use, rather than supplying construction to someone else.

On own account:

  • a manufacturer building its own factory shed;
  • a company constructing its head office;
  • a hotel group building a hotel it will operate;
  • a mall developer constructing a mall it will let out;
  • a warehousing company building its own warehouse.

Not on own account:

  • a contractor constructing for a client — the contractor is supplying works contract service, and clause (c)'s chain exception applies;
  • a developer selling units under construction — supplying construction service under Schedule II paragraph 5(b), governed by the real estate rate notification's own credit conditions rather than by clause (d).

The distinction between the mall developer who lets and the developer who sells is what produced the Safari Retreats litigation. Explanation 2 and Safari Retreats →

What is blocked

Everything received for the construction:

  • cement, steel, bricks, sand, aggregates;
  • tiles, fittings, sanitaryware, false ceilings;
  • electrical and plumbing materials;
  • architectural, structural and design services;
  • project management consultancy;
  • site supervision;
  • labour supply for construction;
  • and works contract services — which are separately blocked by clause (c).

The two clauses overlap deliberately, so that neither a works contract route nor a direct procurement route preserves the credit.

Explanation 1: repairs and renovation, to the extent of capitalisation

"For the purposes of clauses (c) and (d), the expression 'construction' includes re-construction, renovation, additions or alterations or repairs, to the extent of capitalisation, to the said immovable property."

Two things follow.

Repairs and renovation are within "construction" — so a major office refit is caught by the same block as new construction.

Only "to the extent of capitalisation." Expenditure charged to the profit and loss account as revenue repairs is not within the definition, and the credit is available.

That makes the accounting treatment decisive, which is unusual in GST. A repair capitalised under Ind AS 16 because it enhances future economic benefits is blocked; the same nature of work expensed as routine maintenance is not.

The corollary: the capitalisation decision is a tax decision, and it should be made with both consequences visible. To the extent of capitalisation →

What is not blocked

Plant and machinery, on the defined meaning — apparatus, equipment and machinery fixed to earth by foundation or structural support, including such foundation and structural supports, but excluding land, buildings, other civil structures, telecommunication towers, and pipelines laid outside the factory premises. The plant and machinery definition →

Movable property. The block relates to immovable property. Furniture, loose equipment, IT hardware and vehicles are not construction of immovable property.

Revenue repairs, not capitalised.

Interior work on leased premises, to the extent expensed rather than capitalised. Where a lessee capitalises a fit-out as leasehold improvement, Explanation 1 brings it within "construction" and the block applies.

Practical notes

  • Tag construction spend at the purchase order stage, so blocked credit is never taken and then reversed with interest.
  • Split EPC and turnkey contracts into plant and machinery scope and civil scope at award, with separate values.
  • Align the capitalisation policy and the GST position. Finance capitalises; tax bears the consequence.
  • Leasehold improvements need a deliberate decision on capitalisation.
  • Do not rely on the functionality test. Explanation 2 has removed it for clause (d), retrospectively.
  • Blocked construction GST should be capitalised with the asset, since it is non-recoverable — which also means s.16(3) is engaged and the credit cannot later be claimed. Section 16(3): depreciation on the tax component →

Key takeaways

  • Clause (d) blocks all goods and services received for own-account construction of immovable property.
  • It applies even where used in the course or furtherance of business — expressly.
  • Plant and machinery is carved out on the defined meaning only.
  • Explanation 1: repairs, renovation and alterations are "construction" to the extent of capitalisation.
  • Explanation 2 removes the functionality test, retrospectively from 01.07.2017.
  • Revenue repairs and movable property are outside the block.

Read next

Disclaimer: Positions stated as on 5 September 2026, based on the CGST Act as amended to 31 March 2026 (ICAI Bare Law, 12th edition) and the ICAI Handbook on Blocked Credit under GST (November 2025).

Key Facts About Section 17

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Can I claim ITC on constructing my own factory building?

No. Clause (d) blocks goods and services received for construction of an immovable property on own account, even where used in the course of business.

Does business use preserve the credit?

No. The clause expressly includes construction where the goods or services are used in the course or furtherance of business.

Over 90% of compliance penalties in India arise from missed due dates — timely handling can save businesses thousands of rupees each year.

— TaxClue Compliance Desk

Section 17: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Frequently Asked Questions
Can I claim ITC on constructing my own factory building?
No. Clause (d) blocks goods and services received for construction of an immovable property on own account, even where used in the course of business.
Does business use preserve the credit?
No. The clause expressly includes construction where the goods or services are used in the course or furtherance of business.
Are repairs blocked?
Only to the extent capitalised. Explanation 1 includes re-construction, renovation, additions, alterations and repairs within "construction" to the extent of capitalisation.
Is plant and machinery blocked?
No, on the defined meaning in the Explanation to Chapter V — which excludes land, buildings, other civil structures, telecom towers and pipelines outside factory premises.
What about leasehold improvements?
Where capitalised, Explanation 1 brings them within "construction" and the block applies.
Can the functionality test be used to treat a building as plant?
No. Explanation 2, inserted retrospectively from 1 July 2017, deems "plant or machinery" to have always meant the defined expression.

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Vikas Sharma VERIFIED EXPERT
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Tax & Compliance Expert
Experienced in company registration, GST, trademark, and compliance. Helping Indian businesses stay compliant.
Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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