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Leasing, Renting and Hiring of Vehicles: The 2019 Widening

The old clause said "rent-a-cab". The current one says leasing, renting or hiring — and it now catches long-term car leases that were previously arguable.

Vikas Sharma Tax & Compliance Expert
5 min read 7 views Updated Sep 16, 2026 Expert Reviewed Medium Complexity
Leasing, Renting and Hiring of Vehicles: The 2019 Widening
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Last updated: September 2026Verified against: Government sources
Quick Answer

The old clause said "rent-a-cab". The current one says leasing, renting or hiring — and it now catches long-term car leases that were previously arguable.

Before 1 February 2019 the clause said "rent-a-cab". That phrase had a settled meaning under service tax, and businesses structured around it — a long-term operating lease of a car was not a rent-a-cab service, and the credit was arguable.

The CGST (Amendment) Act, 2018 replaced it.

What changed

Old drafting: "rent-a-cab, life insurance and health insurance except where — (A) the Government notifies the services which are obligatory for an employer to provide to its employees under any law...; or (B) such inward supply is used for making an outward taxable supply of the same category..."

Current drafting: "...leasing, renting or hiring of motor vehicles, vessels or aircraft referred to in clause (a) or clause (aa) except when used for the purposes specified therein, life insurance and health insurance" — with the same-category proviso following, and the obligatory-under-law proviso at the end of clause (b).

Two substantive shifts:

"Rent-a-cab" became "leasing, renting or hiring". A financial or operating lease of a company car, a monthly vehicle hire arrangement, a short-term rental — all are now expressly within the clause.

The exception became asset-linked. The old clause had no link to clause (a). The new one blocks hire only of vehicles referred to in clause (a) or (aa), and unblocks it where the vehicle is used for the purposes specified in those clauses.

The two questions

Question 1 — is the vehicle within clause (a) or (aa)?

A motor vehicle for transportation of persons with 13 or fewer approved seats is. A vehicle with 14 or more is not. A goods carriage is not.

So hiring a 35-seat bus for staff transport is not blocked by this clause at all. Neither is hiring a truck. This is the single most valuable point in the clause and it is frequently missed — companies reverse credit on employee bus contracts that were never blocked.

Question 2 — if it is within clause (a) or (aa), is it used for a permitted purpose?

Further supply, transportation of passengers, or driving training for motor vehicles; the five clause (aa) uses for vessels and aircraft.

A taxi aggregator hiring cars to supply passenger transport is using them for transportation of passengers — credit available. A company hiring cars for executives is not — blocked.

The two provisos still apply

Same-category proviso. Where the hire is used for making an outward taxable supply of the same category, or as an element of a taxable composite or mixed supply. A tour operator hiring vehicles to supply a tour package; a car rental business hiring in vehicles to rent out.

Obligatory-under-law proviso. Where it is obligatory for an employer to provide the transport under a law in force. Several States require employers to provide transport for women employees working night shifts — for example under State Shops and Establishments rules or the Factories Act rules. Where such a rule applies, credit on that transport is available. The obligatory-under-law proviso →

That is a narrow and fact-specific route, and the credit extends only as far as the obligation.

Common arrangements

ArrangementPosition
Employee cab service, cars ≤13 seats, not legally requiredBlocked
Employee bus, 30+ seatsNot blocked — outside clause (a)
Night-shift transport for women employees, legally requiredCredit available — obligatory proviso
Executive car on operating leaseBlocked
Cars hired by a taxi operator to supply transportCredit available — permitted use
Vehicles hired by a tour operator for a packageCredit available — element of composite supply
Trucks hired for goods movementNot blocked — outside clause (a)
Aircraft chartered for executive travelBlocked
Aircraft chartered for cargoNot blocked — clause (aa) limb (ii)

Key takeaways

  • "Rent-a-cab" became "leasing, renting or hiring" with effect from 01.02.2019.
  • The block applies only to vehicles, vessels and aircraft referred to in clauses (a) and (aa).
  • Hire of a 14-plus seat vehicle or a goods carrier is outside the clause.
  • The exception tracks the permitted uses in clauses (a) and (aa).
  • The same-category and obligatory-under-law provisos both apply.
  • Night-shift transport mandated by State law is a real, narrow route to credit.

Read next

Disclaimer: Positions stated as on 5 September 2026, based on the CGST Act as amended to 31 March 2026 (ICAI Bare Law, 12th edition) and the ICAI Handbook on Blocked Credit under GST (November 2025). State-law transport obligations vary; verify the rule that applies to your establishment.

Key Facts About Leasing

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Is ITC available on employee cab services?

Not where the cars are motor vehicles referred to in clause (a) and the transport is not legally obligatory.

Is a company bus contract blocked?

Not where the bus has an approved seating capacity above thirteen including the driver. Such a vehicle is outside clause (a), so the hire is outside the block.

Over 90% of compliance penalties in India arise from missed due dates — timely handling can save businesses thousands of rupees each year.

— TaxClue Compliance Desk

Leasing: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

Related Services & Guides

Frequently Asked Questions
Is ITC available on employee cab services?
Not where the cars are motor vehicles referred to in clause (a) and the transport is not legally obligatory.
Is a company bus contract blocked?
Not where the bus has an approved seating capacity above thirteen including the driver. Such a vehicle is outside clause (a), so the hire is outside the block.
Did the 2019 amendment change the position for car leases?
Yes. "Rent-a-cab" was replaced by "leasing, renting or hiring", which covers operating and financial leases as well as short-term rentals.
Can a taxi operator claim credit on vehicles it hires in?
Yes, where they are used for transportation of passengers — a purpose specified in clause (a).
Does the night-shift transport exemption apply everywhere?
Only where a law in force obliges the employer to provide it. The requirement varies by State and by establishment type.
Is chartering a cargo aircraft blocked?
No. Transportation of goods is a permitted use under clause (aa), so hire of such an aircraft is outside the block.

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Vikas Sharma VERIFIED EXPERT
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Tax & Compliance Expert
Experienced in company registration, GST, trademark, and compliance. Helping Indian businesses stay compliant.
Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

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