Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  Dept. Can’t Classify Product as Zarda Scented Tobacco After Repeatedly Approving It As Chewing Tobacco: CESTAT *  Mere Uploading Of GST Order On Portal Is Not “Valid” Service: Tripura HC *  CGST Can Proceed Even If SGST Closed Similar Case Earlier: Delhi HC *  SC upholds 28% GST on online gaming with retrospective effect. *  West Bengal Govt cuts E-way Bill Threshold limit to Rs. 50,000 for intra-state goods movement. *  Criminal Prosecution Under Central Excise Act Can’t Continue After CESTAT Sets Aside Duty Demand on Merits: Punjab & Haryana High Court. *  Madras High Court Quashes GST Assessment Orders for Denial of Personal Hearing; Remands Matter Subject to 10% Deposit *  Ex Parte GST Order: Madras High Court Directs Immediate Removal of Bank/ITC Attachment Upon 25% Deposit *  J.K. Cement Receives GST Demand Order of Rs 8,02,113/- from Ahmedabad Tax Authority *  Delhi Police EOW Busts Alleged Rs. 128 Crore GST Fake Invoice Network. *  REPLY TO SCN CAN’T BE TREATED AS “EMPTY FORMALITY”: ORISSA HIGH COURT QUASHES GST DEMAND OF RS. 57.30 LAKH *  Challenge to CGST Provisions restricting ITC to Bonafide Purchasers : Allahabad HC issues notice *  CBIC Notifies Revised Customs Tariff Values for Edible Oils, Gold, Silver, Brass Scrap and Areca Nuts *  Delhi HC Orders Removal of GST Attachment After Statutory 1 Year Period Expired *  GSTAT Extends Relaxed Appeal Filing Guidelines till December 31, 2026 *  AO fails to Provide Import - Export Data from DGFT to Taxpayer for Reconciliation *  Gold, Silver Imports To Get Costlier As Govt Raises Customs Duty To 10%  *  GSTAT Enables Pre-Payment Access to Document Upload and Checklist for GST Appeal Filing *  GST Portal Restrictions Can’t Override Statute: Gujarat HC Allows Cross-State Transfer Of CGST ITC After Amalgamation *  Centre Revises HS Codes for Large Diameter Steel Pipes Used in Oil & Gas Pipelines *  Customs Duty Liability Arises On Warehouse Clearance Date: Supreme Court *  Government lifts export ban on de-oiled rice bran *  CESTAT Grants 12% Interest on Pre-Deposit for Investigation from Date of Deposit till Refund and Denies Interest on Interest. *  Government Overhauls GST Classification Framework for Non-Alcoholic Beverages; Fruit Juice Drinks, Milk-Based Beverages and Caffeinated Drinks to Attract Revised 5% and 40% GST Rates from May 1, 2026 *  India’s gross GST collections hit a record Rs 2.42 lakh crore in April, up 8.7% *  Customs clearance stalled, revenue hit over MRP dispute *  Shipping Corporation explores Middle East routes as Hormuz tensions disrupt cargo movement *  India, Kenya signs MoU for exchange of pre-arrival customs information *  No demand of Taxes under Reverse Charge if Tax Already Discharged by Service Provider under forward charge *  The India-New Zealand Free Trade Agreement, signed "once-in-a-generation" deal that eliminates tariffs on 100% of Indian exports to New Zealand
Subject News *  Consignment Sales Can’t Be Reclassified as Inter-State Sales Based on Pre-Agreement Evidence: CESTAT *  Exporter Can’t Be Denied Advance Authorization Benefit Due To ICEGATE Technical Glitch: Delhi High Court *  No GST Demand For Mere Wrong Set-Off Of IGST Credit Under CGST And SGST Heads: Kerala HC. *  Cenvat Credit Can’t Be Denied on Input Services Having Nexus With Manufacturing Activities: CESTAT *  Pending Proceedings Can’t Survive Without Saving Clause: Calcutta High Court Quashes GST Demand of Rs. 6.28 Crore After Omission of Rule 96(10) *  Madras HC Quashes GST Demands on TASMAC (Tamil Nadu State Marketing Corporation) Bar Licence Fee *  GST Proceedings Cannot Survive Omitted Rule Without Saving Clause: Calcutta HC *  Provisional Release Can’t Be Denied Solely On Dept. Suspicion Of Misclassification And Undervaluation Of Imported Goods: CESTAT *  Businesses Should Not Be Kept Outside GST Regime Without Due Process: Gauhati High Court *  Punjab & Haryana HC Directs Reconsideration of Contractors’ Claim for Additional GST Payment After Tax Rate Hike From 12% to 18% *  S. 108 Statements Can’t Be Sole Basis Without Following Section 138B Procedure: CESTAT *  Bombay High Court Frames Key Questions on Mandatory Distribution of ITC U/s 20 CGST Act *  Filing of Annexure-B for Refund Applications involving Accumulated ITC using the offline utility in GST portal: GSTN *  No Service Tax on Parent Company’s Un-Invoiced Cost Allocations Without Actual Service or Consideration: CESTAT  *  Calcutta High Court Upholds GST Classification of Polypropylene Leno Bags as Plastic Products *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  GSTAT Issues Major Bench Allocation Framework; All Appeals to First Go Before Division Bench *  ITC Blocking Without Reasoned Order Violates Rule 86A; Punjab & Haryana HC Directs Release of Credit *  Allahabad HC Refuses Bail to CGST Superintendent In Rs. 70 Lakh Bribery Case *  S.130 Can’t Be Invoked Without Prior Tax Determination U/s 73/74: Allahabad High Court Quashes GST Confiscation Proceedings *  SC grants Bail to Rs 54cr GST case  *  Karnataka HC Sets Aside Duplicate GST Orders, Orders Fresh Hearing on GSTIN Cancellation *  DRC-01 Summary Can’t Replace Mandatory SCN: Gauhati High Court *  Transfer Of Unutilized ITC After Amalgamation - Supreme Court Issues Notice *  PUNJAB & HARYANA HC QUASHES GST CANCELLATION NOTICE FOR FAILURE TO PROVIDE CBIC ENQUIRY REPORT *  LICENSE FEE, TECHNICAL ASSISTANCE CHARGES NOT INCLUDIBLE IN CUSTOMS VALUE UNLESS THEY ARE A CONDITION OF SALE: CESTAT *  DELHI HC ORDERS REMOVAL OF GST ATTACHMENT AFTER STATUTORY 1 YEAR PERIOD EXPIRED *  CUSTOMS BROKER CAN’T BE FAULTED JUST BECAUSE EXPORTER’S GST REGISTRATION WAS PREVIOUSLY CANCELLED: CESTAT   *  Supreme Court Dismisses Review Plea Against Delhi HC Ruling Holding Real Operator Behind Fake GST Firms Liable As ‘Taxable Person  *  GST Appeal Can’t Be Rejected Merely Because DRC-07 Was Not Uploaded On Portal: Bombay High Court  

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