Blocked Credit

[VENU K]

This is just a query to get the opinion of experts on the specific interpretation of an issue.

Sec 17 Apportionment of credit and blocked credits

(5) Notwithstanding anything contained in sub-section (1) of section 16 and sub-section (1) of section 18, input tax credit shall not be available in respect of the following, namely:—

[(a)

motor vehicles for transportation of persons having approved seating capacity of not more than thirteen persons (including the driver), except when they are used for making the following taxable supplies, namely:—

(A)		further supply of such motor vehicles; or
(B)		transportation of passengers; or
(C)		imparting training on driving such motor vehicles;

In the above provision if we take Sec 17(5)(a)(B) does it mean that such credit can exclusively be taken from output tax exclusively relating to such supply ?

To make this more clear, let us take an example as below.

X is a businessman having large number of businesses and he is registered under GST. He purchases a luxury vehicle and registers it as a Taxi thus fulfilling conditions in Sec 17(5)(a)(B).He has an input of Rs. 60 lakhs on purchase of such car.

In the same month he shows Rs. 5,000/- as TAXI hire charges with appropriate GST receipt. During the tax period his total output tax liability is Rs. 60 lakhs including the taxi hire charge GST.

The query is can he take the entire 60 lakh ITC during that tax period ?

Or can this provision be interpreted to mean that such IPT can be set off only against the tax dues relating to his taxi hire business ?

Is there any specific provision in GST law to restrict IPT only to TAXI hire charge receipts?

AI Summary

Input tax credit usage: ITC on taxi-registered vehicles may be utilised against overall output tax if genuine supply.
Eligible ITC on motor vehicles used for transportation of passengers, where not blocked by the statute, becomes part of the common credit pool and may be utilised against any output tax liability, subject to apportionment, reversal and procedural rules and the limitation that certain output liabilities cannot be discharged by credit; entitlement also depends on demonstrable genuineness of the passenger transport activity and absence of artificial or colourable devices.