The applicant has placed reliance on the judgment rendered by the Hon’ble High Court Orissa in the case of M/s. Safari Retreats Pvt. Ltd. versus Chief Commissioner of Central Goods & Services Tax & Others (supra). In the said case it is seen that the party had constructed malls which were given further on lease. While holding that Section 17(5)(d) was not ultra vires, the Hon’ble Court ruled that the party was eligible for credit. Hence in view of the above, we are of the opinion that since the case of M/s. Safari Retreats Pvt. Ltd. is pending with the Hon’ble Supreme Court, has not attained finality. We also find that the Hon’ble High Court has given the relief to the party invoking its writ jurisdiction while categorically holding that they are not inclined to hold Section 17(5)(d) to be ultra vires. Therefore, we are not relying upon the judgment of the Hon’ble High Court.
