ITC on hotel bill of staff visit to client place for firm work

ITC on hotel bill of staff visit to client place for official work. place is out of state & they charged CGST & SGST . 

can we take this ITC ??

 

Replies (3)
Quick Summary
This discussion clarifies whether Input Tax Credit (ITC) can be claimed on hotel bills incurred during staff visits to client locations in other states for firm work. The consensus is that ITC is generally not claimable in such scenarios, even if CGST and SGST are charged. This is because the place of supply (POS) lies in the supplier's state, and input tax paid in one state is not creditable for a registered taxable person in another state, even if they belong to the same legal entity.

No, you can't take ITC because POS lies in supplier state.
No you cannot....

Registered taxable person in question and not the legal entity. So, input tax paid in a State must not be in relation to the business of a
taxable person in another State, albeit belonging to the same person.

For Example, A Company has Branch-A which is a registered taxable person in Andhra Pradesh conducts conference in a hotel in Lonavla (Maharashtra) where CGST-SGST is charged by the hotel. This Company also has Branch-M which is a registered taxable person in Mumbai,CGST-SGST has been charged by the hotel, input tax credit would not be available to Branch-A as tax paid in Maharashtra is not a creditable tax in Andhra Pradesh;

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