Section 17(5) of gst act
This query is : Open
26 April 2018
a proprietor has purchased car worth Rs. 50 lacs and paid GST on it. Now the proprietor always accompany with him team of atleast 5-6 persons, as it his need of profession, So can he claim ITC on car used in his profession/business.
As it is written in sec. 17(5) of CGST Act that itc shall be admissible if motor vehicle is used in "transportation of passengers".
Passenger means a person who is travelling. According to oxford dictionery, passenger means "A traveller on a public or private conveyance other than the driver, pilot, or crew"
So According to me above person satifies the condition of sec. 17(5) and ITC is admissible. Show your opinion on this issue.
As it is written in sec. 17(5) of CGST Act that itc shall be admissible if motor vehicle is used in "transportation of passengers".
Passenger means a person who is travelling. According to oxford dictionery, passenger means "A traveller on a public or private conveyance other than the driver, pilot, or crew"
So According to me above person satifies the condition of sec. 17(5) and ITC is admissible. Show your opinion on this issue.
Guest
Guest
(Expert)
02 May 2018
No credit on motor vehicle will not be allowed as it is not your business to provide transportation of passenger
08 May 2018
But the bare act does not say that business should be of transportaion, It only says that vehicle should be used for transport of passengers only, passenger can be of any business organisation.
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