The 57th GST Council Meeting held on 8 October 2026 recommended expanding Input Tax Credit (ITC) eligibility for expenses such as outdoor catering, health and life insurance, free samples, telecommunication towers and certain expired goods. The changes aim to reduce blocked ITC and lower business costs.
The Council also proposed allowing refunds of accumulated ITC on eligible input services from 1 November 2026 and capital goods from 1 April 2027, subject to specific conditions. These are recommended eligibility dates, and the benefits will depend on the relevant legal amendments taking effect.
Businesses often pay GST on purchases, services and equipment used for their operations. While Input Tax Credit allows eligible businesses to adjust this tax against their GST liability, certain expenses are restricted under Section 17(5) of the CGST Act.
The 57th GST Council Meeting recommended removing several of these restrictions and expanding refunds for accumulated ITC.
These recommendations form part of the wider GST reforms announced in October 2026. You can read the complete update in our detailed article on the 57th GST Council Meeting 2026: Key Decisions, New Rules & Changes.ย
Important: These are the proposed changes and not yet implemented, consult with our expert for updated information.ย
The GST Council recommended amendments to Section 17(5) and Section 54(3) of the CGST Act, 2017, along with related rules, to increase ITC eligibility and simplify refunds.
The key proposed changes are:
|
Business expense or ITC category |
Proposed GST ITC change |
|
Outdoor catering |
Removal of specified blocked ITC restrictions |
|
Health and life insurance |
Wider ITC eligibility for businesses |
|
Telecommunication towers |
Removal of specified ITC restrictions |
|
Pipelines outside factory premises |
Proposed ITC eligibility |
|
Free samples |
Removal of blocked credit restriction |
|
Expired or written-off goods |
ITC relief where goods are destroyed or written off after shelf-life expiry as required by law |
|
Input services under inverted duty structure |
Refund eligibility for ITC availed from 1 November 2026 |
|
Capital goods |
Refund eligibility for specified zero-rated and inverted duty structure claims from 1 April 2027 |
The final scope of these changes will depend on the notified amendments. Expenses must still satisfy other applicable ITC conditions.
Section 17(5) of the CGST Act identifies goods and services for which Input Tax Credit is restricted, even when a business incurs the expense.
The GST Council recommended relaxing selected restrictions to allow more businesses to recover GST paid on genuine business expenses.
The Council recommended removing restrictions on ITC for health and life insurance. This proposal is particularly relevant to employers purchasing group insurance policies for employees.
Example: Suppose a company purchases an eligible group health insurance policy costing โน2,00,000 plus 18% GST.
Under the proposed amendment, the company may be able to claim eligible credit instead of treating GST as an additional expense.
However, the final legislation will determine which insurance arrangements qualify. Businesses should not assume that every insurance policy or employee-dependent cover automatically becomes eligible.
The Council recommended removing specified ITC restrictions on outdoor catering. This may benefit companies that incur catering expenses for business purposes, such as employee meals or workplace catering arrangements.
However, eligibility will continue to depend on the final amendment and other ITC conditions, including whether expenses are for business purposes or personal consumption.
Under the existing provisions of Section 17(5)(h), ITC is generally blocked on goods disposed of as gifts or free samples. The Council recommended removing the restriction relating to free samples.
This could benefit businesses that distribute product samples for marketing, promotions or product trials.
Example: A skincare brand distributes 1,000 free product samples to potential customers.
Under the proposed amendment, the brand may be able to retain eligible ITC on the goods used for sampling, subject to the final provisions.
Businesses should distinguish free samples from gifts and other promotional supplies, as the final rules will determine the exact treatment.
The Council also recommended removing ITC restrictions for goods destroyed or written off following expiry of their shelf life, where such treatment is required by law.
This proposal could benefit sectors such as:
For example, a pharmaceutical manufacturer may have to destroy stock after its legally prescribed expiry date.
Under the recommended changes, ITC relief may become available in qualifying cases. The proposal should not be interpreted as allowing ITC on all lost, stolen, damaged or voluntarily written-off goods.
The Council also recommended relaxing restrictions relating to:
These changes may benefit telecommunications, manufacturing and infrastructure businesses that incur significant GST costs on such assets.
Eligibility will depend on the precise statutory amendments and applicable classification of the assets.
Another important recommendation concerns refunds of accumulated ITC under the inverted duty structure. An inverted duty structure generally arises when the GST rate on eligible input goods is higher than the GST rate on outward supplies, resulting in the accumulation of unutilised ITC.
Under the existing Rule 89(5), refund calculations for inverted duty structure do not include ITC on input services or capital goods in Net ITC. The Council recommended including eligible ITC on input services in the refund calculation.
Proposed applicability: ITC availed on or after 1 November 2026.
Example: When Would the New Refund Benefit Apply?
Consider a manufacturer with the following purchases and sales:
|
Particulars |
GST rate |
|
Raw materials purchased |
18% |
|
Professional services purchased |
18% |
|
Finished goods sold |
5% |
Because the GST rate on input goods is higher than the rate on finished goods, an inverted duty structure exists.
Under the proposed change, eligible ITC on professional services may also be included in the Net ITC used for calculating the refund, subject to the final rules.
No, for example, if a business purchases raw materials at 5%, sells finished goods at 5% and uses professional services taxed at 18%, it would not qualify for an inverted duty structure refund merely because the service tax rate is higher.
The Ministry of Finance clarified that inverted duty structure eligibility will continue to be determined by comparing the tax rates on input goods and outward supplies.
The proposed change expands the ITC included in the refund calculation for eligible taxpayers; it does not make every business with expensive input services eligible for an inverted duty refund.
The GST Council also recommended expanding refund eligibility for accumulated ITC on capital goods. Capital goods are business assets, such as machinery and equipment, whose value is capitalised in the books of account and which are used or intended to be used for business operations.
The Council proposed including eligible ITC on capital goods in refund calculations for:
Proposed applicability: Capital goods ITC availed on or after 1 April 2027.
No, the Council recommended spreading capital goods ITC over 60 months, with one-sixtieth attributable to each month beginning with the month in which the ITC is available.
Example: Refund Calculation on Capital Goods
Suppose a manufacturing company purchases eligible machinery and avails ITC of โน6,00,000 on or after 1 April 2027.
|
Particulars |
Amount |
|
ITC on eligible machinery |
โน6,00,000 |
|
Attribution period |
60 months |
|
Monthly attributable ITC |
โน10,000 |
In this example, โน10,000 would be attributable to each month for the relevant refund calculation.
This does not mean that the company will automatically receive a refund of โน10,000 every month. The actual refund depends on the applicable formula, eligible turnover, unutilised ITC, statutory restrictions and other conditions.
Only admissible ITC can be included, and applicable reversals must be considered.
Businesses should understand that ITC eligibility and ITC refund eligibility are not the same.
|
Input Tax Credit |
ITC Refund |
|
Allows eligible GST paid on purchases to be credited |
Allows eligible accumulated credit to be refunded under specified provisions |
|
Generally used to offset output GST liability |
Available only in qualifying refund categories |
|
Subject to Sections 16 and 17 and related rules |
Subject to Section 54 and refund rules |
|
Does not automatically create a cash refund entitlement |
Requires a valid refund claim and prescribed conditions |
For example, a business may be eligible to claim ITC on machinery and use it against output tax liability, but this does not automatically mean that it can receive the same amount as a refund.
The new capital goods and input services proposals are specifically important for businesses that qualify for the prescribed refund categories.
The Council also recommended improvements to GST return reconciliation and ITC reporting. The proposed changes include:
The Council recommended implementing the revised return-based correction mechanism from the April 2027 GST return, subject to consultation and final approval.
The purpose is to improve reporting accuracy and reduce unnecessary mismatch-related notices.
Businesses should review their current ITC records and prepare for the proposed changes without claiming any new benefit prematurely.
Businesses should also retain appropriate evidence for destroyed or expired goods and maintain clear records of machinery purchases and their corresponding ITC.
Need help reviewing ITC eligibility, reconciling GSTR-2B with GSTR-3B or identifying eligible GST refund claims? Startup Movers provides GST and indirect tax services to help businesses manage GST compliance and credit-related issues.
The 57th GST Council recommendations contain different proposed timelines.
|
ITC change |
Proposed applicability |
|
ITC on health and life insurance |
Effective date to be notified |
|
ITC on outdoor catering |
Effective date to be notified |
|
ITC on free samples |
Effective date to be notified |
|
ITC on specified expired or written-off goods |
Effective date to be notified |
|
ITC on telecommunication towers and pipelines |
Effective date to be notified |
|
Refund of input services ITC under inverted duty structure |
ITC availed on or after 1 November 2026 |
|
Refund of eligible capital goods ITC |
ITC availed on or after 1 April 2027 |
|
Revised ITC reporting and correction mechanism |
Proposed from April 2027 return |
The proposed applicability dates are not substitutes for the relevant legal amendments or notifications.
Businesses must verify that the relevant provisions have legally taken effect before claiming newly permitted ITC or refunds.
The GST Input Tax Credit changes recommended in October 2026 could allow businesses to recover GST on more expenses and improve refunds of accumulated ITC on input services and capital goods.
However, these benefits remain subject to the final legal provisions. Businesses should review their existing credits, maintain proper records and monitor implementation to claim eligible ITC without compliance risks. Connect with Startup Movers and our expert will guide you in ITC filing.
Disclaimer: This content is published for informational and educational purposes only and should not be considered legal, tax, financial, or professional advice. Please consult a qualified professional before making any financial or business decisions. Startup Movers shall not be liable for any loss or damage arising from reliance on this content.
0 Comments
No comments yet. Be the first to share your thoughts.
RECENT ARTICLES
Top 9 Trending Business Ideas in India in 2026
GST Penalty Changes 2026: โน10,000 Limit & Other New Rules
57th GST Council Meeting 2026: Key Decisions, New Rules & Changes
How to File EDF for Service Exports in India? Step-by-Step Guide (2026)
EDF Filing for Service Exporters from 1 October 2026: Complete Guide
GST Portal Introduces Multi-State GST Registration: One Master TRN for Multiple States
CBDT Extends ITR and Tax Audit Due Dates for AY 2026-27
Documents Required for Private Limited Company: The Complete 2026 Checklist