ITC IN HOTEL STAY

Our PAN india business, HO(Mumbai) employee comes in rajasthan for business purpose and stayed in hotel. Our RJ GST given hotel and same claimed ITC in RJ. Gst. 

Question : Is gst is ineligible if HO(Mumbai) employee stay in RJ hotel ? GST dept. Said ITC is ineligible. 

 

Replies (2)
Quick Summary
This discussion clarifies whether a business can claim Input Tax Credit (ITC) on hotel stays for employees travelling for work. Generally, ITC on hotel accommodation is blocked under Section 17(5)(b)(i) of the CGST Act, meaning it's treated as a business expense. An exception exists if your business is in the hospitality sector and re-bills the accommodation as part of your own taxable supply. However, for standard business travel, the GST paid on hotel stays is ineligible for ITC.

1. ITC is eligible only if your company has a Rajasthan GSTIN and the hotel invoice mentions that GSTIN.


2. Place of supply for hotel stay is Rajasthan (Section 12(3), IGST Act).


3. If RJ GSTIN is used and invoice is in company’s name, ITC is valid.


4. If no RJ GSTIN, and hotel charges CGST+SGST, then ITC is ineligible.


5. HO (Mumbai) GSTIN cannot claim CGST+SGST of Rajasthan — must be treated as cost.

Regards
CA Amit Rathore
Rathore Tax consultant

ITC on hotel accommodation used for business is restricted under Section 17(5)(b)(i) of the CGST Act. This blocks ITC for services of a hotel, inn, guest house, club or campsite or other commercial place meant for residential or lodging purposes. The restriction applies regardless of whether the stay is for a business trip.

There is one exception: if the hotel accommodation itself is a goods or services used by a taxable person for making an outward taxable supply of the same category of goods or services. This means a travel agent or hospitality company re-billing hotel accommodation as part of their own taxable supply can claim ITC, but an end-user business cannot.

For employee hotel stays during business travel, the 12% or 18% GST paid to the hotel is a blocked credit. Treat it as part of the accommodation expense in books.

Conference/meeting rooms in hotels are a different item. GST on banquet hall or meeting room hire for business purposes is not blocked under Section 17(5) and ITC can generally be claimed, provided the room hire is for your own business use and not for blocked purposes like employee recreation.

This [GST compliance guide for India 2026-27](https://taxgarden.in/blog/gst-compliance-guide-india-2026-27) has the Section 17(5) blocked credits list with practical examples.

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