Gst on bus operator

Querist : Anonymous (Querist) 05 February 2021 This query is : Resolved
M/s. XYZ Company purchased a volvo bus for Rs.1.50 Crores including GST of say Rs.25 Lakhs. XYZ uses this bus for transportation of passenger and charge 5% as GST on the fare from passengers. Now as per Section 17(5) of CGST Act XYZ company is eligible to take credit of Rs. 25 Lakhs. My question is, ‘The govt fixed the output GST rate on passenger transport service as 5% without ITC. Isn’t this contradictory with section 17 (5) of CGST act? or is it like, XYZ can set of Rs.25 Lakhs against GST collected from its passengers but no other input GST paid can be claimed and set off against the GST collected from the passengers?

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Dr J C Vashista (Expert) 14 February 2021
Post the query on CA Club, if it is a real story.

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