Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  GST registration cancellation without reasons amounts to ‘Economic Death’ of business: Supreme Court. *  No GST refund if appeal before GSTAT is filed late: Gujarat High Court. *  Mere upload of GST notice on portal not valid service, appeal limitation won’t start: Punjab & Haryana High Court. *  Taxpayer can’t be penalised for missing notices hidden under ‘Additional Notices/Orders’: Calcutta High Court allows fresh adjudication. *  State tax officer can’t issue GST SCN beyond CBIC-assigned jurisdiction: Bombay High Court stays recovery proceedings. *  Earlier 7.5% Pre-Deposit must count towards mandatory 10% for Appeal: Uttarakhand high court quashes CESTAT Order. *  Third Parties can’t challenge GST Advance Rulings merely due to financial impact: Karnataka HC *  GST SCN generated using AI tool quashed: Punjab & Haryana High Court *  Bank Attachment Quashed as Madras HC Quashes GST Order Issued Against Deceased Person *  ITC Blocking Order for Failure to Record ‘Reason to Believe’ U/R 86A Quashed: Allahabad High Court *  Govt Extends GSTAT Appeal Filing Deadline From 30 June to July 31, 2026 *  GST Demand on RWA Stayed: Allahabad High Court Questions Taxability of Electricity Distribution to Flat Owners *  CBIC Clarifies Jurisdiction After GST Registration Transfer: Earlier Proceedings Remain Valid, New Officer to Continue Action *  GST authorities’ certification not mandatory for reimbursement, but tax payment must be proven: Karnataka HC *  Contractor can’t seek gst reimbursement through writ when contract has arbitration clause: Karnataka HC *  Unsigned Order Is No Order in Law: AP HC Quashes GST Assessment Order for Want of Officer’s Signature *  Customs Can’t Levy Rs. 1.36 Crore Cost Recovery Charges Without Proof of Full-Day Officer Deployment: CESTAT  *  12% IGST Payable On Imported Dialysis Machine Parts: CESTAT *  Bombay High Court Admits Challenge to GST Limitation Extension Notifications; Grants Protection Against Coercive Recovery *  Criminal Case Can’t Run Parallel to GST Proceedings on Same Facts: Allahabad High Court *  Allahabad High Court Stays GST Detention Order; Directs Release of Vehicle and Goods on Deposit of Rs. 1.44 Lakh *  Service Tax Can’t Be Levied on Loss-Making Contracts: Gujarat High Court *  GSTN Mandates Ship-to GSTIN in e-Invoice and e-Way Bill APIs; Introduces Voluntary e-Way Bill Closure Facility from August 1, 2026 *  GST Appeal Can’t Be Rejected as Time-Barred When Taxpayer Was Pursuing Rectification Remedy: Telangana High Court *  Absence of E-Way Bill and Transport Documents Justifies Customs Seizure U/s 110: Gauhati HC *  Madras High Court Upholds GST Late Fee and Penalty for Non-Filing of Annual Return, Dismisses Challenge  *  GST Records, Purchase Documents Sufficient to Discharge Burden Under Customs Act: CESTAT Orders Release of 3.65 Kg Gold  *  No Sugar Cess Payable on Sugar Exported Out of India: CESTAT *  Road Construction Services Exempt and SCN Time-Barred: CESTAT Quashes Service Tax Demand Based Solely on Form 26AS  *  ITC Freeze Upheld After GST Dept Find Suppliers Were Allegedly Fake Bill-Trading Entities: Madras HC 
Subject News *  Input service benefits can’t be denied: CESTAT allows export refund despite MMTC acting as Canalising agency. *  No service tax demand without proof of service of SCN: CESTAT. *  Service tax demand quashed as dept. fails to prove service of SCN: CESTAT *  GST : Mere allegation of inadequate consideration of reply not enough to invoke writ jurisdiction: Delhi High Court *  Onerous conditions imposed for provisional release of seized imported goods shouldn’t amount to virtual denial of relief: CESTAT. *  GST SCN without alleging fraud cannot invoke sec. 74: Karnataka High Court quashes adjudication order. *  Extended Limitation Can’t Be Invoked Merely on Form 26AS Data: CESTAT *  Revenue-Sharing with Restaurants Not Taxable as Business Support Service: CESTAT *  R. 6(3) Option Can’t Be Forced on Taxpayer; CESTAT Quashes Rs. 12.36 Crore CENVAT Credit Demand *  Excise Duty | Power Consumption Alone Can’t Prove Clandestine Manufacture: Karnataka High Court *  Madras High Court Examines DGGI’s Authority to Issue GST Penalty Orders Under Section 122, Adds DGGI as Party *  Proceedings under omitted r. 96(10) can’t survive without saving clause: andhra pradesh high court quashes gst refund recovery *  Excise duty power consumption alone can’t prove clandestine manufacture: karnataka high court *  Madras high court rules GST show cause notices must disclose grounds for invoking extended limitation *  Court Can’t Direct Extension GST Return Deadlines or Waive Interest and Penalties: Karnataka High Court *  GST Notifications Can’t Go Beyond GST Council Recommendations: Madras High Court Quashes SCN on Branded Pulses *  Appeal Can’t Be Dismissed for Delay When Dept’s Own Order Mis-states Limitation Period: CESTAT *  No Evidence of KYC or Due Diligence Breach By Customs Broker: CESTAT Quashes Licence Revocation in Export Overvaluation Case *  Glucometers Are Chemical Analysis Instruments Classifiable Under Tariff Heading 9027: CESTAT *  Validity of Post-GST Service Tax Proceedings Upheld: Gujarat High Court Dismisses Challenge to S. 73 SCN *  Rectified GST Refund Applications Can’t Be Rejected as Time-Barred If Original Refund Claim Was Filed Within Limitation: Gujarat HC *  Service Tax Refund Can’t Be Denied as Time-Barred When Levy Itself Is Unconstitutional: Gujarat High Court *  Same Officer Can’t Act As Auditor & Adjudicator: Karnataka High Court *  Karnataka High Court Condones 324-Day Delay, Revives Customs Appeal in Jewellery Pilferage Case  *  Madras High Court Quashes GST Assessment Order Passed Ex Parte Despite Prior ITC Reversal; Lifts Bank Attachment *  Tobacco Process Doesn’t Amount to Manufacturing: Madras High Court Quashes Rs. 1.32 Crore Compensation Cess Demand  *  Recovery Notice Unsustainable After Voluntary Reversal of Unutilised Credit: CESTAT  *  GST | ‘System Generated’ SCN Without Officer Details Invalid: Allahabad HC  *  Electronic Records Without Statutory Certification Requirements Can’t Justify Undervaluation Allegations: CESTAT *  Madras High Court Stays GST Order, Finds Prima Facie Merit in Plea Against S. 74 Proceedings Based on S. 73 Intimation  

Comments

Print   |    |  Comment

GST Update No 242 on availability of ITC on demo cars

GST Update No 242 on availability of ITC on demo cars
The availability of Input Tax Credit on demo cars has been a matter of extensive litigations and disputes since inception of GST regime. The confusion in this respect prevails in the minds of taxpayer day in and day out. Despite of various advance rulings are sought by the aggrieved applicants, it is quite disheartening that the issue under consideration has not come to an end. Once again, one more advance ruling was reported in the same beeline before West Bengal AAR in the case of M/s Toplink Motorcar Private Limited. The decision imparted in this case is subject matter of our present update. The applicant is an authorised dealer of Hyundai Motor India Limited for supply of various ranges of motor vehicles and carrying on business activities as an authorised service station. The applicant submitted that the vehicles were purchased against the tax invoices and are capitalised in the books of accounts. The vehicles are displayed as demo cars for customers to make them understand the features of vehicles. Advance ruling was sought by the applicant as to whether the input tax credit shall be available in respect of outward sale of vehicle. The applicant submitted that the demo cars purchased are an essential part of marketing and sales and promotion to facilitate sale of cars. Reliance was placed on various advance rulings such as M/s Titania Products Private Limited, M/s Titan Motocorp, M/s Singhania Future Private Limited wherein the Jharkhand AAR delivered that Input credit can be availed on demo cars subject to certain prescribed conditions which are as follows: - 1. Maximum of one demo car of each model must be maintained by the company till final disposal and before acquiring new demo car. Further, it should be shown as capital goods. 2. No depreciation is to be claimed on it. 3. GST Liability is to be created upon sale of demo car u/s 18 4. Separate account is to be prepared of inward and outward supply of demo cars along with balance sheet and P&L. Reliance was also placed on the advance ruling pronounced in the matter of Chowgule Industries (P) Ltd and decision of Kerala AAR in the case of M/s A.M. Motors wherein it was delivered that no restriction is imposed u/s 17 of CGST Act, 2017 and thereby, input tax credit can be availed by the taxpayer. The Revenue refrained from expressing any view in this respect. The AAR observed that applicant is engaged in business of supplying cars to the customers for which demo cars are also purchased for demonstration/ test drive purpose. The demo cars are kept with applicant only for limited purpose. In this respect, it was held that a test dive policy was furnished by the applicant wherein usage time of demo cars is to be 12 months from the date of approval. These demo cars are supplied further at applicable tax rates once the test drive period is over. Reference was made to Section 16 and 17 of CGST Act, 2017. It was held that the applicant maintains a stock of demo vehicle and thereafter supplies the same at lower price. Further, in accordance with the restriction u/s 17 (5)(a)(A) of CGST Act, 2017 i.e. ITC shall be available provided supplier is engaged in making further supply. However, since no there is no time limit prescribed for making further supply, ITC shall be available to the taxpayer being in the course and furtherance of business. Further, the word “such” in the said Section bears a wide connotation and does not put any restriction in respect of supply of demo cars. Therefore, it was concluded that the input tax credit in this respect can be claimed by the applicant concerned. The above ruling although being in favour of the trade and industry has once again increased the burden of taxpayers and does not serve the desired objective. There had been various divergent rulings pronounced by the AAR as regards to the subject matter. To illustrate, Haryana AAR in the case of M/sBMW India Pvt. Ltd., M/s Platinum Motocorp LLP delivered that input tax credit shall not be available on demo cars. Although it is well known that the advance rulings are pro-revenue, however, a due clarification from Government’s end is what is anticipated at the earliest possible to put an end to these unwanted litigations in the near future. Failing this, the assesses will continue to suffer the ill-effects and harassments from the revenue department in addition to high cost of litigation.
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com