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Corporate News *  Missing seized records must be considered while testing ITC claim; duplicate GST demands ordered corrected: Delhi High Court. *  GST appeal can’t be rejected without addressing taxpayer’s grounds: Allahabad High Court. *  Surplus IGST credit can offset CGST, SGST shortfall: GSTAT. *  GST refund can’t be denied when cancelled airfares are returned with tax: GSTAT. *  3 Hearing notices issued within 2 minutes: Gujarat High Court flags portal flaw, seeks report. *  GSTR-9, GSTR-9C filing for FY 2025-26 enabled; pending GSTR-1 and GSTR-3B must be filed first. *  Dupattas are exempt fabrics, can’t be taxed as fibres at 4%: Madras High Court. *  Full transitional credit allowed on capital goods received after GST rollout: GSTAT denies Rs. 6.99 lakh export duty credit. *  GST return mismatch alone can’t justify fraud proceedings: GSTAT orders fresh adjudication under section 73. *  Supplier found non-existent later can’t alone justify input tax credit denial: GSTAT. *  GST interest stops once tax reaches government account, can’t run until return filing: GSTAT. *  Cancelled flat booking- GST refund can’t be denied without excluding COVID period from limitation: GSTAT. *  India notifies rules of origin for India–New Zealand FTA. *  Incomplete E-bike kits classifiable as complete vehicles, but not eligible for CKD duty concession: CESTAT. *  Same GST rate on main input and output can’t by itself bar inverted duty refund: GSTAT. *  Unjust enrichment doesn’t apply to customs refunds from assessments finalised before July 13, 2006: Gujarat High Court. *  CENVAT credit can’t be denied solely because plant And machinery are embedded in earth: Karnataka High Court. *  DFIA exports ineligible for RoDTEP benefits; customs directs repayment with applicable interest. *  Second E-Way bill alone doesn’t prove another supply: GSTAT. *  Bail denied in Rs. 1.19 crore fake GST refund case over risk of accused absconding again: Punjab and Haryana High Court. *  GST registration can be restored after revocation deadline if outstanding dues are paid: Gauhati High Court. *  Multiple GST proceedings over same suppliers: Calcutta High Court directs dept. to share findings for adjudication. *  E-Governance portal services not OIDAR, fixed deposit interest not taxable: CESTAT. *  Rs. 500 Stamp duty required on authority letters for CAs, CMA and GST practitioners in Pune GST division.  *  Rs. 1.10 crore GST refund must be paid in cash after business closure: Allahabad High Court. *  Godown rent attracts 18% GST even when used exclusively for exempt agricultural warehousing: AAR. *  GST portal launches "Multi-State Registration" facility: one master TRN for registration applications across multiple States/UTs. *  RoDTEP scheme extended till 31st December, 2026.  *  Mere disagreement with order can’t override Rs. 20 lakh appeal limit: GSTAT. *  Customs interest can’t be backdated before confiscation liability is determined; nearly 8 year period excluded: Delhi High Court.
Subject News *  GST summons: anticipatory bail maintainable without arrest order, but relief denied in evasion case: Allahabad High Court. *  GST Appeal can’t be decided without hearing taxpayer’s objections to fresh evidence: Allahabad High Court. *  GST ITC can’t be reversed merely because supplier grants discount without reducing tax liability: GSTAT. *  Mere quoting of GST provision is not a valid charge: GSTAT quashes ITC denial. *  Personal hearing mandatory before adverse GST order, even without taxpayer’s request: Rajasthan High Court. *  Parallel bail pleas without full disclosure amount to abuse of process Rs. 43.08 crore GST case sent for fresh hearing: Supreme Court. *  GST refund based on unchallenged advance ruling can’t be recovered using later circular: GSTAT. *  Payment of GST alone doesn’t end interest and penalty liability when tax and interest remain unpaid beyond 30 days of notice: GSTAT. *  GST demand over builders’ 80% procurement rule requires reasoned adjudication: GSTAT. *  Eligible ITC doesn’t automatically entitle taxpayers to compensation cess refund on domestic sales: GSTAT. *  GST confiscation order passed before reply deadline invalid: GSTAT. *  GST interest can’t be retained after tax refund on delayed export receipts: Punjab & Haryana High Court. *  GST appeal can’t be dismissed over pre-deposit shortfall without opportunity To respond: Bombay High Court. *  DGGI SCN can’t be challenged before reply and adjudication:Chhattisgarh High Court. *  GST input tax credit can’t be denied solely due to supplier’s retrospective registration cancellation: GSTAT. *  GST notice must explain fraud allegations; merely repeating section 74 Is not enough:  Himachal Pradesh High Court. *  Audit detection alone can’t justify GST fraud penalty; specific suppression must be proved: GSTAT. *  GST order uploaded only under ‘Additional Notices’ tab without separate intimation set aside: Calcutta High Court. *  Service Tax appeal can’t be rejected for missing pre-deposit proof when payment is already recorded: CESTAT. *  SGST dept. can’t hear appeal against CGST order: Calcutta High Court. *  Mere dispatch of tax order can’t prove service or make appeal time-barred: CESTAT. *  Dealer incentives can’t be taxed merely on ledger entries: CESTAT. *  DGFT orders quashed for failure to supply DRI letter relied upon in SCN: Bombay High Court. *  GST penalty u/s 122(1A) can’t apply to Pre-2021 transactions; unregistered beneficiaries also covered: Delhi High Court. *  Expired E-way bill caused by wrong PIN code can’t justify GST penalty without intent to evade tax: GSTAT. *  Used railway rails can’t be taxed as track material without proof they are fit for reuse: CESTAT. *  Earlier DGGI notice doesn’t bar separate GST demand on different issue: Delhi High Court. *  ITC dispute involves no question of law: GSTAT directs appeal to Vice-President. *  Earlier DGGI notice doesn’t bar separate GST demand On different issue: Delhi High Court. *  No E-way bill required for interstate goods movement in november 2017: GSTAT quashes detention and penalty.  

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GST UPDATE On ITC on vehicle and their services

GST UPDATE On ITC on vehicle and their services
GST UPDATE ON ITC ON VEHICLE AND THEIR SERVICES
Widening the provision but narrowing down the scope
 
Notification No. 02/2019 – Central Tax dated 29.01.2018 has been issued bringing into force the date of applicability from which the CGST (Amendment) Act, 2018 shall come into force. It notifies 1st February 2019 as the date on which the provisions of CGST (Amendment) Act 2018 shall come into effect. This update intends to discuss one of the most important provisions of the said act that is on the admissibility of Input tax credit on motor vehicles and services related to motor vehicles.
 
The earlier provision relating to credit on motor vehicle under Section  17(5) of the CGST Act  read as follows:-
(5) Notwithstanding anything contained in sub-section (1) of section 16 and subsection (1) of section 18, input tax credit shall not be available in respect of the following,namely:—
 
(a) Motor vehicles and other conveyances except when they are used––
  1. for making the following taxable supplies,namely:—
    1. Further supply of such vehicles or conveyances;or
    2. Transportation of passengers;or
  2. Imparting training on driving, flying, navigating such vehicles or conveyances;
    1. For transportation ofgoods;"
Thus, ITC is not allowed "in respect of" motor vehicles and other conveyances except in specified cases. There was a lot of discussion on the phrase "in respect of" as used in the above clause. Some experts were of view that it has wider impact and covers all the goods and services that are relatable to mot(5) Notwithstanding anything contained in sub-section (1) of section 16 and subsection (1) of section 18, input tax credit shall not be available in respect of the following,namely:—
 
(a) Motor vehicles and other conveyances except when they are used––
  1. for making the following taxable supplies,namely:—
    1. Further supply of such vehicles or conveyances;or
    2. Transportation of passengers;or
  2. Imparting training on driving, flying, navigating such vehicles or conveyances;
    1. For transportation ofgoods;"
Thus, ITC was not allowed on motor vehicles except in the circumstances provided therein. Hence, in most of cases, the credit on purchase of new motor vehicle for passengers was not allowed. However, there was dispute on credit of repair and maintenance or insurance of motor vehicle. The words "in respect of" appearing in definition created confusions. There was a lot of discussion on the phrase "in respect of" as used in the above clause. Some experts were of view that it has wider impact and covers all the goods and services that are relatable to motor vehicles. The other school of thought is of the view that this phrase is very restricted and is limited to ITC on the purchase of new motor vehicles. However, the credit on repair and maintenance and insurance of motor vehicle is allowed. The above confusion with regard to availability of credit with regard to insurance and repair & maintenance had been clarified by way of answer given to an FAQ by Government. It was clarified that credit on repair as well as insurance of motor vehicle is allowed.  It is worthwhile to be noted that FAQs have no legal validity. 
 
 
 
However, Section 9 of the CGST (Amendment) Act has substituted clauses (a) of sub section (5) of Section 17 with effect from 1.2.2019 which read as follows:
 
“(a) motor vehicles for transportation of persons having approved seating
capacity of not more than thirteen persons (including the driver), except when
they are used for making the following taxable supplies, namely:—
 
(A) further supply of such motor vehicles; or
(B) transportation of passengers; or
(C) imparting training on driving such motor vehicles;
 
(aa) vessels and aircraft except when they are used––
 
(i) for making the following taxable supplies, namely:—
(A) further supply of such vessels or aircraft; or
(B) transportation of passengers; or
(C) imparting training on navigating such vessels; or
(D) imparting training on flying such aircraft;
 
(ii) for transportation of goods;
 
(ab) services of general insurance, servicing, repair and maintenance in so
far as they relate to motor vehicles, vessels or aircraft referred to in clause (a) or clause (aa).”
 
It is interpreted from the above provision that scope of availing ITC on motor vehicles and on their respective services of insurance, repair and maintenance has been very much narrowed down. Credit can be taken only with respect to those motor vehicles having seating capacity of more than 13 persons including driver. It can further be understood from Clause (ab) enumerated above that services of insurance, repair and maintenance with respect to only those motor vehicles can be taken on those vehicles on which credit is allowed. This has clearly cut down the availment of credit on motor vehicle, repair and insurance of these vehicles only having sitting capacity of more than 13 persons. Normally, trade and industry use motor cars of capacity of 5 to 9 persons. Hence, credit on motor cars as well as credit on repair, maintenance and insurance of such vehicle will not be allowed. Credit in respect of buses will be allowed. However, there is no change for credit on transportation vehicles carrying goods.
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The content of this GST update is for educational purpose only and not intended for solicitation.
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