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TMI BlogCanteen service provided under factories ActX X X X Extracts X X X X X X X X Extracts X X X X ..... Canteen service provided under factories Act X X X X Extracts X X X X X X X X Extracts X X X X ..... rom every employee 3. We are paying GST on recoveries made from employees Whether ITC is available on GST charged by canteen contractor? Reply By Rajagopalan Ranganathan: The Reply: Sir, Provision of canteen services by you is mandatory under Factories Act. Proviso 2 of Section 17 (5) (b) of CGST Acts provides that the input tax credit in respect of such goods or services or both shall be ava ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ilable, where it is obligatory for an employer to provide the same to its employees under any law for the time being in force. Therefore you are eligible to take ITC of the tax paid by your contractor. You can utilize the credit for payment of tax on charges collected by you from your employees. If you have excess credit after payment of tax on charges collected from your employee the same will la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pse. Reply By PAWAN KUMAR: The Reply: Dear Sir, As per my view, itc will not be admissible since goods or services as per section 17 (5)(b)(i) of CGST Act, 2017. Reply By Ganeshan Kalyani: The Reply: Sir, as per explanation to Sec.17(5)(b), ITC is eligible. "Provided that the input tax credit in respect of such goods or services or both shall be available, where it is obligatory for an ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... employer to provide the same to its employees under any law for the time being in force." X X X X Extracts X X X X X X X X Extracts X X X X
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