You have a proper GST invoice. Your vendor filed their GSTR-1. The credit shows up in your 2B.
Everything looks perfect.
You claim the ITC.
Three months later: Reversal notice. 18% interest. Penalty.
What went wrong?
Welcome to Section 17(5) – the list of expenses where ITC is permanently blocked, no matter how valid your invoice is.
Today, we’ll cover exactly what you cannot claim, why founders get caught, and how to structure your expenses correctly.
What Is Blocked ITC?
Simple definition: Credit you can never claim, even with a perfect invoice.
Section 17(5) of the CGST Act lists specific goods and services where the government says: “This isn’t a genuine business input – ITC not allowed.”
The government’s logic:
- Some expenses are personal or luxury items
- Some don’t contribute to your taxable supply
- Some are benefits to employees, not business inputs
Result: Even if GST is paid, you cannot take credit.
The 8 Categories Where ITC Is Blocked
1. Motor Vehicles (Cars, Bikes, Two-Wheelers)
Blocked:
- Company cars for directors
- Bikes for employees
- Any vehicle for general transportation
Allowed only if the vehicle is used for:
- Transporting goods (delivery vans, trucks)
- Passenger transport services (cabs, tour operators)
- Driving school training
- Special purpose use (cranes, forklifts, dumpers)
Founder Reality Check:
Bought a sedan for business development? ITC blocked.
Bought a delivery van for your ecommerce business? ITC allowed.
2. Food & Beverages
Blocked:
- Office tea/coffee/snacks
- Team lunches and dinners
- Outdoor catering for events
- Employee birthday celebrations
- Client entertainment meals
Allowed only if:
- Mandated by law (factory canteen under Factories Act)
- You’re a restaurant/caterer providing this as your service
Founder Reality Check:
That ₹50,000 team outing food bill? Blocked.
Statutory canteen for factory workers? Allowed (with documentation).
3. Health & Beauty Services
Blocked:
- Employee health checkups
- Gym memberships
- Beauty treatments
- Wellness programs
- Cosmetic procedures
Allowed only if:
- You run a hospital, clinic, or wellness center
- The service is your core business output
Founder Reality Check:
Annual health checkup for team? Blocked (unless legally mandated).
Medical services in your hospital? Allowed.
4. Membership & Recreation
Blocked:
- Gym memberships
- Club memberships
- Golf club fees
- Recreational facilities
- Spa and leisure services
Why: Government treats these as personal benefits, not business inputs.
No exceptions here – even if used for client meetings.
5. Rent-a-Cab & Insurance
Blocked:
- Employee transportation (office cabs)
- Group health insurance
- Group mediclaim policies
- Life insurance for employees
Allowed only if:
- Required by law (statutory insurance)
- You’re an insurance company providing these services
Founder Reality Check:
₹2 lakh annual cab service for employees? Blocked.
Mediclaim for 50 employees? Blocked (even if it’s a great perk).
6. Construction & Renovation
This is where most mistakes happen.
Blocked ITC on:
- Office construction
- Renovation and repairs
- Interior decoration
- Civil work
- Plumbing and electrical (if part of building)
- Architect fees for building design
- Materials: cement, steel, tiles, paint
Allowed ITC on:
- Furniture (chairs, tables, workstations)
- Air conditioners
- Computers and equipment
- Electrical panels (movable)
- Plant and machinery
The Rule: If it becomes part of the immovable property (building/structure), ITC is blocked.
Founder Reality Check:
Renovating your 2,000 sq ft office? Most of it = blocked.
Buying 20 workstations and ACs? ITC allowed.
7. Works Contract Services
Blocked:
- Construction services
- Civil engineering work
- Repair and maintenance of buildings
- Carpentry for fixed structures
- Flooring and tiling
Allowed only if:
- You’re a works contractor providing these services to clients
- The work is on plant & machinery, not buildings
8. Lost, Stolen, Destroyed, or Gifted Goods
Blocked ITC for goods that are:
- Lost or stolen
- Destroyed (fire, accident, natural disaster)
- Given as gifts
- Given as free samples (promotional)
- Written off
Why: These goods don’t contribute to taxable supply – they’re gone.
Founder Reality Check:
₹50,000 worth of inventory destroyed in warehouse fire? Reverse the ITC claimed.
The 5 Most Common ITC Mistakes Founders Make
Mistake #1: “GST invoice hai, to ITC mil jayega”
Wrong.
Having a GST invoice ≠ ITC eligibility.
The law decides eligibility, not the invoice format.
Mistake #2: Claiming ITC on Cars, Meals, and Office Renovation
Most accountants don’t thoroughly check Section 17(5). They see GST paid and claim the credit.
Result: Notices 6-12 months later.
Mistake #3: Not Distinguishing Plant & Machinery from Civil Work
Example: You spend ₹10 lakh on factory setup.
- ₹6 lakh on civil work (building, flooring) → ITC blocked
- ₹4 lakh on machinery and equipment → ITC allowed
If your accountant claims the full ₹10 lakh, you’ll face reversal.
Mistake #4: Treating All Employee Benefits as Business Expenses
- Cab services → Blocked
- Health insurance → Blocked
- Gym memberships → Blocked
- Food allowances → Blocked
Even if these improve productivity, GST law doesn’t care.
Mistake #5: Claiming ITC on Gifts and Samples
This is a major red flag in GST scrutiny.
If you’re distributing free samples or corporate gifts:
- Don’t claim ITC, OR
- Treat it as taxable supply and pay GST on it
Special Scenarios You Must Understand
Can You Claim ITC on CSR Expenses?
Government’s 2023 circular says: Yes, if CSR activities are not personal consumption.
Reality: Some state authorities disagree.
Advice: Maintain strong documentation showing business nexus. Be prepared to defend.
What About Furniture and Fixtures?
Furniture: ITC allowed (movable property)
Built-in cabinets/shelving: ITC blocked (immovable property)
The test: Can you remove it without damaging the building?
- Yes → ITC allowed
- No → ITC blocked
Employee Laptops vs Office Laptops?
Both allowed – laptops are business tools, not blocked under 17(5).
How to Structure Expenses Correctly
The 4-Step ITC Eligibility Test
Step 1: Is it used for business?
If no → ITC blocked
If yes → Go to Step 2
Step 2: Does it appear in Section 17(5)?
If yes → ITC blocked
If no → Go to Step 3
Step 3: Does it appear in your 2B?
If no → Defer ITC until it appears
If yes → Go to Step 4
Step 4: Are all other conditions met?
- Proper invoice with GSTIN
- Vendor filed GSTR-1
- Payment made within 180 days
- Goods/services received
If all yes → ITC allowed
Real Examples to Clear Your Doubts
Example 1: Buying Office ACs (₹2 lakh)
- Business use? ✓
- Section 17(5) blocked? ✗ (ACs are movable)
- Appears in 2B? ✓
- Other conditions met? ✓
Result: ITC allowed
Example 2: Office Interior Work (₹8 lakh)
- ₹5 lakh on false ceiling, flooring, paint
- ₹3 lakh on furniture and lighting
ITC on ₹5 lakh: Blocked (immovable property)
ITC on ₹3 lakh: Allowed (movable assets)
Example 3: Employee Lunch (₹30,000/month)
- Business use? Debatable
- Section 17(5) blocked? ✓ (food & beverages)
Result: ITC blocked
Unless you run a statutory canteen (rare).
Example 4: Forklift Purchase (₹12 lakh)
- Motor vehicle? Yes
- But used for transporting goods? ✓
- Exception applies? ✓
Result: ITC allowed
Documents You Must Maintain
To defend your ITC claims during scrutiny:
- Vendor invoices with proper GSTIN
- Use-case documentation (what was purchased, why, where used)
- Board resolution for capital purchases
- Photographs for plant & machinery classification
- Statutory compliance certificates (for canteen, insurance, etc.)
- ITC reconciliation workings (invoice vs 2B vs claimed)
- Asset register showing movable vs immovable classification
Pro Tip: Create a one-page memo for every large expense explaining:
- What was purchased
- Business purpose
- Why ITC is eligible
- Section 17(5) check done
This saves you during audits.
Your Monthly ITC Compliance Checklist
✅ Review all invoices for Section 17(5) items
✅ Maintain a Blocked ITC Register (separate tracking)
✅ Classify assets correctly (movable vs immovable)
✅ Reconcile 2B before claiming ITC
✅ Segregate civil work from plant & machinery
✅ Document business purpose for large expenses
✅ Train your accountant on blocked ITC rules
What Happens If You Claim Blocked ITC?
Consequences:
- ITC reversal demand
- Interest @ 18% per annum (from the date of wrong claim)
- Penalty (₹10,000 or 10% of tax, whichever is higher)
- SCN (Show Cause Notice)
- Audit red flag for future years
Timeline:
- Government can go back 5 years (if fraud/willful misstatement)
- Otherwise, 3 years from filing due date
Key Takeaways
✓ ITC ≠ Automatic – Just because GST is paid doesn’t mean credit is allowed
✓ Section 17(5) is strict – No exceptions for most categories
✓ Documentation is your shield – Always maintain proof of eligibility
✓ Train your team – Most errors happen because accountants don’t check 17(5)
✓ When in doubt, don’t claim – The cost of reversal (18% interest) isn’t worth the risk
Quick Action for Today
Take 15 minutes and do this:
- Pull last month’s purchase register
- Identify expenses under these categories:
- Motor vehicles
- Food & beverages
- Construction/renovation
- Employee benefits
- Check if ITC was claimed
- If yes, and it’s blocked – reverse it in next GSTR-3B
Better to self-correct than wait for a notice.
Questions? Drop them in the comments. I read and respond to every single one.
Found this useful? Share it with a founder friend who might be unknowingly claiming blocked ITC.
Still have questions? Contact AdvoFin Consulting for consultation.
📧 Email: info@advofinconsulting.com
📞 Phone: +91-92116-76467
🌐 Website: www.advofinconsulting.com
