Gst credit

This query is : Resolved

Hiren Shah (Querist)
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28 September 2017 Dear Sir,

if i buy a car on company name (partnership firm) should i take credit of GST???? Please guide urgently...

CA Rashmi Gandhi

CA Rashmi Gandhi (Expert)
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28 September 2017 For what purpose you purchase the car????

Amol S Joglekar

Amol S Joglekar (Expert)
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29 September 2017 you can get the credit for the same......

CA Rashmi Gandhi

CA Rashmi Gandhi (Expert)
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29 September 2017 How can he take credit Amol Sir.......

Aashok Kumar Sharma

Aashok Kumar Sharma (Expert)
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27 July 2024 Whether you can claim Input Tax Credit (ITC) on the purchase of a car for your company (partnership firm) depends on the intended use of the car and the specific GST provisions applicable. Here’s a detailed guide:

### **1. **Eligibility for ITC on Car Purchase:**

#### **a. **General Eligibility:**

- **Section 17(5) of the CGST Act** outlines the restrictions on claiming ITC, including for motor vehicles. According to this section, ITC on motor vehicles is generally restricted unless the vehicle is used for specific purposes.

#### **b. **Purpose of the Vehicle:**

1. **Business Use (ITC Allowed):**
- If the car is used for the business purposes and not for personal use, you can claim ITC under certain conditions. Specifically, ITC is allowed if the vehicle is used:
- For providing taxable services (like in the case of a transport service provider).
- For transporting goods (like if you are in the logistics or transportation business).

2. **Personal Use or Employee Benefit (ITC Not Allowed):**
- If the vehicle is used for personal use or primarily as an employee benefit, ITC cannot be claimed. For example, if the car is used for personal trips, leisure, or as an executive car for employees, ITC on its purchase is generally not allowed.

### **2. **Specific Provisions:**

#### **a. **Section 17(5)(a) of the CGST Act:**
- ITC on motor vehicles and vessels is restricted unless used for:
- **Transportation of goods**.
- **Providing taxable services**.
- **Specified purposes** like transportation of passengers (for specified service providers).

#### **b. **Examples and Case Laws:**
- **Ruling and Practical Interpretations:** In cases where ITC was contested, the courts have generally upheld the restriction on ITC for vehicles not used in the course of business activities or for the transportation of goods or passengers.

### **3. **Documentary Requirements:**

1. **Invoice:** Ensure you have a proper GST invoice with the correct GST charged on it.
2. **Usage Documentation:** Maintain records showing that the car is used exclusively for business purposes if you intend to claim ITC.

### **4. **Additional Points:**

1. **Lease or Hire Purchase:** If the vehicle is acquired through lease or hire purchase, the same rules apply regarding the ITC on lease rentals or hire charges.
2. **Mixed Use:** If the vehicle is used partially for personal purposes and partially for business, ITC on the proportionate business use may be considered, but this is often complex and subject to scrutiny.

### **5. **Conclusion:**

- **ITC Allowed:** If the car is used exclusively for business purposes, especially for providing taxable services or transporting goods, you can claim ITC on the GST paid.
- **ITC Not Allowed:** If the car is used for personal purposes or primarily as an employee benefit, ITC cannot be claimed.

### **Recommendation:**

Given the complexity and potential impact of these regulations, it is advisable to consult with a GST professional or tax consultant to ensure compliance with the GST rules and to obtain tailored advice based on the specific use of the vehicle and your firm's circumstances.

If you need further assistance or specific legal references, consulting a professional will ensure that you are in compliance with current GST provisions and can help you navigate any complexities.

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