Itc on restaurant
This query is : Resolved
14 December 2017
Now gst rate on foodbill in restaurant is 5% without itc.If mineral water is served in bottle then gst on mineral bottle will be charged at 5% or 18%.one expert says as mrp is printed on mineral water bottle no gst will be charged further and gst on foodbill excluding mineral water is to be charged in the bill.If this is true then can the restaurateur avail ITC on mineral water on its purchase?
15 December 2017
18% GST applicable on mineral water over and above MRP rate ITC can be claimed on purchase.
15 December 2017
How can gst be collected over and above MRP(maximum retail price).You said ITC can be availed on purchase but restaurant is not allowed to avail ITC. Please clarify your view.
15 December 2017
ITC allowed for any sale of 18% GST.
Sale above MRP allowed see Delhi High court judgement recent.
Sale above MRP allowed see Delhi High court judgement recent.
15 December 2017
Please specify the high court judgement case no./ date for further knowledge.Again in the notification of centraltax rate DTD.15.11.17,there is entry on gst @5% on supply of food or any other article for human consumption or drink.Thus it is construed that whaterver is served in restaurant attracts gst @5% .nowhere is mentioned about separate tax rate on mineral water/drink.So should we go by notification or delhi high court judgement?
15 December 2017
Go by notification and charge 5% GST on mineral water.
See the link for Supreme court judgement on sale above MRP.
https://www.google.co.in/amp/s/m.economictimes.com/industry/cons-products/food/hotels-can-charge-more-for-bottled-water-supreme-court/amp_articleshow/62044477.cms
See the link for Supreme court judgement on sale above MRP.
https://www.google.co.in/amp/s/m.economictimes.com/industry/cons-products/food/hotels-can-charge-more-for-bottled-water-supreme-court/amp_articleshow/62044477.cms
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15 December 2017
Thank u sir for your guidance.
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