We are a company and providing bus (Cab) Service to our employee (Permant & off role) to come and go to office and home. So then in this case can we availed input Gst credit in GStR 3B. Whether Travel agent is charging Gst on his bills.
As per Notification 22/2019 CT (r) , Services provided by way of renting of motor vehicle where the Supplier is individual & Recepeint is Body corporate it is cover under Section 9(3) of CGST Act & Receptient is liable do RCM .
Note : RCM is applicable only if supplier has opted to pay GST @ 5%(without ITC) on FC. If the Supplier has opted to pay GST @ 12% (with ITC) , then Receptient can claim ITC on same but subject to conditions prescribed in Section 17(5).
Section 17(5) , if seating capacity more than 13 person the ITC is available.
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