Availment of input tax credit on passenger transport service

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M/s. XYZ Company purchased a volvo bus for Rs.1.50 Crores including GST of say Rs.25 Lakhs.
XYZ uses this bus for transportation of passenger and charge 5% as GST on the fare from passengers.

Now as per Section 17(5) of CGST Act XYZ company is eligible to take credit of Rs. 25 Lakhs.

My question is, ‘The govt fixed the output GST rate on passenger transport service as 5% without ITC.
Isn’t this contradictory with section 17 (5) of CGST act?
or is it like,
XYZ can set of Rs.25 Lakhs against GST collected from its passengers but no other input GST paid can be claimed and set off against the GST collected from the passengers?

Replies (4)

It is not contrary as there is a residuary clause which says that you can pay GST @ 9% by taking the ITC so it is an option provided to the assessee to pay GST @ 2.5% with claiming ITC.

It is not contrary as there is a residuary clause which says that you can pay GST @ 9% by taking the ITC so it is an option provided to the assessee to pay GST @ 2.5% with claiming ITC.

didnt get the clear answer.

Whether Credit of bus is availbale even though GST @ 5% is charged

didnt get the clear answer.

Whether Credit of bus is availbale even though GST @ 5% is charged

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