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Can Restaurant Can Claim on input

YUWRAJ KOTHARI

Dear Sir/Madam,

Can Restaurant holding Franchise, and leving GST on Foods Sales @5%, claim ITC for Royalty or any other input.

Franchise Restaurants Charging 5% GST on Food Sales Ineligible for ITC on Royalties or Inputs per Notification No. 46/2017. A restaurant holding a franchise and charging 5% GST on food sales cannot claim Input Tax Credit (ITC) for royalty or other inputs. This consensus is supported by multiple contributors in the discussion, who cite that the 5% GST rate is subject to ITC restrictions. This regulation is outlined in Notification No. 46/2017-Central Tax (Rate) dated 15.11.17, which explains that such turnover is considered exempt, requiring ITC reversal per section 17(2) and rules 42 and 43 of the CGST Rules, 2017. (AI Summary)
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