Whether Company can be availed ITC credit of GST on Car Hire charges which were used for the purpose of business
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Quick Summary
This discussion clarifies whether businesses can claim Input Tax Credit (ITC) on GST paid for car hire charges used for business purposes. It explains that ITC can be availed, particularly under specific conditions related to the Reverse Charge Mechanism (RCM) as outlined in Notification 22/2019 CT (R) and Circular 130/49/2019 GST. The availability of ITC depends on whether the service provider opted for a 5% GST rate with limited ITC or charged 12% GST, and is subject to conditions in Section 17(5) of the CGST Act, 2017.
The Renting of Motor vehicle is under RCM If : Services provider is Individual & opted to pay tax on 5% with limited ITC . Service Receptient is Body corporate.
Hence if above conditions fulfills you are required to do RCM & can avail ITC for RCM paid.
Note : If Services provider has charged 12% GST on his bill then Receptient (Co.) is not required to do RCM & can claim ITC for the same subject to conditions prescribed in Section 17(5) of CGST Act