Restaurants ITC

ITC / Input 1260 views 8 replies

can a restaurant avail ITC

Replies (8)
As per section - 17(5)
food and beverages are blocked credits and not available to take credit.
EXCEPT where an inward supply of goods or services or both of a particular category is used by a registered person for making an outward taxable supply of the same category of goods or services or both or as an element of a taxable composite or mixed supply;
So ur eligible to claim ITC.

No  ITC  for only  restaurant  , 5% GST 

No ITC can be claimed ONLY if registered as composition dealer.
If it is registered as normal tax payer, above explanation will comes into scenario.

Please  confirm  Mr  Prashant Kumar singh are you a composition dealer ?.

As per CGST(rate) Notification no. 46/2017 , Rate for Restaurant is 5% without ITC
Hence Restaurant cannot claim ITC


Note : Restaurants in hotel where room tariff is 7500/- or more , charge 18% with full ITC
No Sir, I am registered as regular dealer
Absolutely Agree with Pankaj Sir.....

In both cases, i.e. Composition Scheme ( u/s 10 of CGST Act 2017 ) and Regular Scheme ( u/s 22 of CGST Act 2017 ) they have to charge 5% GST without the benefit of INPUT TAX CREDIT ( ITC ).

Hence, Restaurants cannot claim INPUT TAX CREDIT in both the Cases.

EXCEPTION :

As correctly said by Pankaj Sir, " if the Restaurant is in a Hotel where the Declared Tariff is ₹ 7,500 or more, then the Restaurant have to charge 18% GST with full benefit of ITC."

Regards.


The only difference between Composition Scheme Dealers and Regular Taxpayers is that, the former will be paying 5% GST ( without ITC ) on their Quarterly Turnover ( from their own pocket ) and cannot charge it from the Customers and the latter i.e. Regular Taxpayer will be charging 5% GST ( without ITC benefit ) from their Customers.
thanks to all of you


CCI Pro

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