Availment of wrongly charged GST
This query is : Resolved
Quick Summary
Jitendra Walkoli
(Querist)
25 April 2022
Sir,
I am a registered person in Maharashtra and for business purpose had travelled to Karnataka and stayed in hotel. The hotel charged IGST instead of CGST + SGST. Now the department audit is conducted and the officers are denying the availment of IGST paid by me. Whether, the officers are right ?, if yes, than by which section they can invoke to disallow my availment of IGST?
I am a registered person in Maharashtra and for business purpose had travelled to Karnataka and stayed in hotel. The hotel charged IGST instead of CGST + SGST. Now the department audit is conducted and the officers are denying the availment of IGST paid by me. Whether, the officers are right ?, if yes, than by which section they can invoke to disallow my availment of IGST?
CA R SEETHARAMAN
(Expert)
25 April 2022
Yes, officers are right. For hotel service SGST and CGST applicable. Hence ITC on hotel bills can't be claimed.
CA Puja Sharma
(Expert)
25 April 2022
It is the mistake of the hotel owner who charged IGST instead of CGST/SGST.
In my opinion, you can defend the claim of ITC of IGST.
In my opinion, you can defend the claim of ITC of IGST.
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