One of my client is Running a Restaurant business registered under GST as a regular , he is paying monthly rent of Rs. 130000/- PLUS GST @ 18% . Can he availed Input Tax credit which he is paying on Rent ? as he is charging GST from Customers @ 5%.
But as per notification no 46/2017 CGST (rate) if he charging GST @ 5% he can not claim ITC. In my opinion he can not claim ITC.
But please clarify whether my interpretation is correct or not.