Order of demand set aside and remanded as authority failed to apply functionality test prescribed by the Supreme Court in Safari Retreats (P.) Ltd. while interpreting Section 17(5)(d) of the CGST Act
Case Summary: M/s Vidyashilp India Pvt. Ltd. v. Joint Additional Commissioner of Central Tax, Bengaluru North CommissionerateHigh Court of Karnataka, BengaluruWrit Petition No. 4835 of 2025 (T-RES)Date of Judgment: 05 March 2025Category: Input Tax Credit – Construction of immovable property – Functionality test under Section 17(5)(d) of the CGST ActRelevant Sections: Sections 9, 16 & 17(5) of the…














