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Microlesson · 5-min read

Blocked Credit - Welfare, Catering, Health, Club, Rented Vehicles [Section 17(5)(b)]

# Blocked Credit — Welfare, Catering, Health, Club & Rented Vehicles

ITC is BLOCKED on the following inward supplies (Section 17(5)(b)):

CategoryExamples
Food and BeveragesOutdoor catering, confectionery
BeautyBeauty treatment, cosmetic & plastic surgery
HealthHealth services, life and health insurance
Club/FitnessMembership of club, health & fitness centre
Employee TravelTravel benefit on vacation (LTC/LTA)
Rented ConveyanceRenting/leasing/hiring of motor vehicle, vessel or aircraft on which ITC is otherwise blocked under (1)/(2)

## Exceptions — ITC ALLOWED when:

(i) Same-category onward supply / Element of composite or mixed supply

  • The blocked inward supply is itself used to provide an outward supply of the same category (e.g. a caterer buying catering services), OR is part of a taxable composite/mixed supply.

(ii) Statutory obligation on employer

  • The supply is given to employees because law mandates it.
  • Company policy ≠ statutory obligation — voluntary employer welfare is still blocked.

Worked example

### Example 1

Example 1 — Rented car: dual perspective

ABC Ltd. hires a car from XYZ Ltd. for use by its director. XYZ Ltd. in turn took the car on rent from Maruti Ltd.

  • ABC Ltd.: ITC blocked — hired a motor vehicle on which ITC itself would have been blocked.
  • XYZ Ltd.: ITC allowed — same-category onward taxable supply (rented in, rented out).

### Example 2

Example 2 — Canteen / food for employees

ABC Ltd. awards canteen contract to XYZ Ltd. for its factory workers.

  • If the Factories Act / state law obligates ABC to provide canteen → ITC allowed (statutory obligation exception).
  • If provided voluntarily as employee welfare → ITC blocked.

### Example 3

Example 3 — Gym membership

Gym/health centre membership paid for senior employees under company HR policy.

  • ITC blocked — company policy is not a statutory obligation.

⚠️ Common exam mistakes

  • Treating company HR policy as 'statutory obligation' — only law-mandated supplies qualify for the exception.
  • Claiming ITC on rented car for director simply because it's used for 'business' — the same blocked-credit logic applies to rentals.
  • Missing the 'same-category' exception that helps caterers, beauty parlours, gyms etc. claim ITC on their inward supplies.
  • Claiming ITC on LTC/LTA reimbursed travel — this is specifically blocked.
Bare-Act text Section 17(5)(b) · CGST Act, 2017 · click to expand
Section 17(5)(b): the following supply of goods or services or both — (i) food and beverages, outdoor catering, beauty treatment, health services, cosmetic and plastic surgery, leasing/renting/hiring of motor vehicles/vessels/aircraft referred to in clause (a) or (aa) except when used for purposes specified therein, life insurance and health insurance: Provided that ITC shall be available where used for making an outward taxable supply of the same category or as an element of a taxable composite or mixed supply; (ii) membership of a club, health and fitness centre; (iii) travel benefits extended to employees on vacation such as leave or home travel concession: Provided that ITC shall be available where it is obligatory for an employer to provide the same to its employees under any law for the time being in force.
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