From 1 November 2026, eligible restaurants and hotel accommodation providers paying 5% GST can claim ITC on specified same-line services. Hotels face a 5% credit cap when the supplier charges a higher GST rate. Other ITC restrictions continue to apply.
Earlier, businesses operating under these 5% GST entries generally could not claim ITC on purchases used to provide their services.
The government has now relaxed this restriction for certain business-to-business transactions through Notification No. 06/2026.
For a detailed understanding of the new GST rules, Connect with Startup Movers. Our experts can guide you through your taxation and compliance requirements.
Restaurants covered under the 5% GST entry, other than those at specified premises, can now claim ITC on qualifying restaurant services purchased from another eligible restaurant service provider.
For example, Restaurant A receives a qualifying restaurant service from Restaurant B to fulfil a customer order. If the purchase satisfies the notification conditions, Restaurant A may claim ITC on that service.
However, this does not mean restaurants can claim ITC on everything.
The new relaxation does not generally extend to:
Therefore, restaurant owners must check the nature of the purchased service before claiming credit.
Hotels supplying accommodation under the relevant 5% GST entry can also claim ITC on hotel accommodation purchased from another hotel accommodation supplier.
This can help businesses that arrange rooms through other hotels, including eligible accommodation resellers. However, the notification introduces an important restriction.
If the supplier charges GST above 5%, the recipient's ITC is limited to an amount calculated at 5% of the eligible purchase value.
Example: How the 5% ITC Cap Works
Suppose a hotel purchases accommodation from another hotel for ₹10,000.
|
Particulars |
Amount |
|
Accommodation purchase |
₹10,000 |
|
GST charged at 18% |
₹1,800 |
|
Maximum eligible ITC at 5% |
₹500 |
|
GST remaining as cost |
₹1,300 |
Although the supplier charges ₹1,800 GST, the recipient can claim only ₹500 under the specified conditions.
The remaining ₹1,300 becomes a business cost.
This example shows why hotels should review their purchase arrangements and supplier GST rates.
|
Particulars |
Restaurants |
Hotel accommodation |
|
GST rate for covered services |
5% |
5% |
|
Same-line ITC |
Allowed |
Allowed |
|
Eligible purchase |
Qualifying restaurant service |
Hotel accommodation service |
|
Specific 5% ITC cap |
Not stated in this entry |
Applies when supplier rate exceeds 5% |
|
Other ITC |
Generally restricted |
Generally restricted |
The distinction matters because the relaxation is not identical for both industries.
Businesses should review their GST treatment from 1 November 2026.
For further context, read our guide to GST Input Tax Credit New Rules 2026.
The new GST rules provide limited ITC relief to restaurants and hotel accommodation providers without changing their covered 5% GST rate. However, businesses must check eligibility carefully before claiming credit.
Need help understanding the new GST rules? Startup Movers provides GST advisory, accounting and compliance support to help businesses manage their GST obligations. Talk to an Expert Now.
Disclaimer: This content is published for informational and educational purposes only and should not be considered legal, tax, financial, or professional advice. Please consult a qualified professional before making any financial or business decisions. Startup Movers shall not be liable for any loss or damage arising from reliance on this content.
0 Comments
No comments yet. Be the first to share your thoughts.
RECENT ARTICLES
Can a Company Be a Shareholder of Another Company?
What Is ESIC? Eligibility, Contribution, Benefits and Registration Process
What is an Employee Provident Fund ?
GST TDS Registration for Scrap Dealers: New Rules
GST Registration Amendment Rules 2026: REG-14, Automatic Approval and New OTP Process
GST Notice Below ₹10,000: What Does the New Proposal Mean?
EDF Filing for Service Exporters: Updated RBI Rules 2026
Listed vs Unlisted Public Company: Key Differences in India