Imagine: You are the Vice President of a company based in Delhi. An urgent, high-stakes business meeting suddenly comes up in Chennai, and you need to be there within 4 hours. To make it happen, your company books a private charter plane.
It is undeniably a legitimate business expense. But here is the million-dollar tax question:
Is your company eligible to claim Input Tax Credit (ITC) on the GST paid for this private charter?
As a CA firm, we frequently get asked this question by our clients.
Short answer: No, a company cannot claim ITC on this expense.
Here is the legal breakdown of why the GST law denies this credit:
While GST law generally allows businesses to claim ITC on goods and services used "in the course or furtherance of business," there are strict exceptions. Under Section 17(5)(aa) of the CGST Act, input tax credit is explicitly blocked for vessels and aircraft.
The law only allows ITC on aircraft if the business uses them for very specific taxable supplies, namely:
If your company is not in the aviation business and is simply transporting its own executive for an internal business purpose, it does not meet these exceptions.
You might say:
"We didn't buy the plane; we just hired it!"
Here's how the GST Act covers that loophole. Under Section 17(5)(b)(i), the law explicitly blocks ITC on the leasing, renting, or hiring of aircraft (unless used for the exempt purposes mentioned above).
Because you are chartering (hiring) the aircraft for corporate use, the GST paid becomes a blocked credit.
How does this differ from a regular commercial flight?
If your company had booked a regular commercial airline ticket (Economy or Business Class) for this business trip, you could claim the ITC.
Buying a standard ticket is classified as purchasing a passenger transportation service, which is eligible for credit when used for business.
Chartering an entire private plane, however, triggers the strict "hiring of aircraft" block.
When booking private charters for corporate executives, the GST paid must be treated as a direct business cost. It cannot be set off against your company's GST liability.
Connect with us to ensure your business maximizes its eligible credits while staying 100% compliant with the law.