Supreme Court Upholds GST Ruling in Safari Retreats Case
The Supreme Court of India has dismissed a review petition filed by the CGST, reaffirming the earlier judgment that impacts real estate and leasing businesses under GST.
Supreme CourtGstSafari RetreatsItcReal EstateReal EstateMay 23, 2025
The matter, recorded under Civil Appeal No. 2948 of 2023, centered around the eligibility of input tax credit (ITC) under GST law for properties constructed for leasing purposes. While the specific legal questions of the case were not revisited in the court's latest order, the dismissal of the review petition effectively upholds the original verdict that had implications for real estate and leasing businesses under GST.
Justices Abhay S. Oka and Sanjay Karol, presiding over the review petition (Diary No. 1188/2025), noted that the defects raised by the Registry were waived in the interest of justice and the delay in filing the review was condoned. However, after examining the petition and the original judgment, the bench concluded that there was no merit to warrant a review.
This latest ruling is likely to bring legal closure to the long-running dispute between the GST department and Safari Retreats and will be closely watched by companies engaged in real estate leasing, especially those seeking ITC benefits on construction-related expenses. Legal experts suggest that the dismissal reinforces the importance of the finality of Supreme Court judgments and limits avenues for reopening settled issues unless there is a clear and evident error on record.
The applications filed alongside the review petition - one for condonation of delay and another seeking exemption from filing a certified copy of the impugned judgment - were also disposed of following the dismissal. Official copy of the order has been attached.
Frequently Asked Questions
What was the main issue in the Safari Retreats case?
The main issue in the Safari Retreats case was the eligibility of input tax credit (ITC) under GST law for properties constructed for leasing purposes.
What was the outcome of the review petition?
The Supreme Court dismissed the review petition, upholding the original judgment that had implications for real estate and leasing businesses under GST.
Who presided over the review petition?
Justices Abhay S. Oka and Sanjay Karol presided over the review petition (Diary No. 1188/2025).
What are the implications of this ruling for real estate and leasing businesses?
The ruling is likely to bring legal closure to the dispute and will be closely watched by companies engaged in real estate leasing, especially those seeking ITC benefits on construction-related expenses.
What did the court conclude after examining the petition?
The court concluded that there was no merit to warrant a review, reinforcing the importance of the finality of Supreme Court judgments.
Related News Articles
Unlocking $48 Billion in Indian Office Space: The Rise of Fractional Ownership
India's fractional ownership market is expected to exceed $5 billion by 2030
Budget 2024: Reviving Affordable Housing - A Sector in Crisis
The real estate sector is seeking 'high-impact' measures to revive affordable housing, including special schemes, tax breaks, and revised pricing definitions.
Can Urbanization and Nature Coexist? A New Vision for Cities
As cities expand, natural spaces are dwindling. But is it possible to create a symbiosis between urbanization and nature? We explore the possibilities.
Market Sentiment Remains Robust Amidst Fresh IPOs: Anand Tandon
Anand Tandon shares his insights on the current market sentiment, IPOs, and sectors to watch out for.
MahaRERA Orders Developers to Refund Buyers Amid Complaints Over Pending Home Sales
The Maharashtra Real Estate Regulatory Authority (MahaRERA) has taken action against developers in Pune, a region heavily affected by pending home sales. MahaRERA has ordered developers to refund buyers to address the growing complaints.
Tayal Corp: Pioneering Architectural Excellence in Pune's Real Estate Market
Led by Ar. Sumit Tayal, Tayal Corp. is not just another real estate developer; it is a collective of thinkers, visionaries, and problem-solvers. Discover how this innovative company is transforming the landscape of Pune's real estate industry.