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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 SALE OF OLD & USED MOTOR VEHICLES

GST UPDATE ON SALE OF OLD & USED MOTOR VEHICLES
 
GST UPDATE ON SALE OF OLD & USED MOTOR VEHICLES
 
In our last update related to sale of old & used motor vehicles, we had opined to avail both the exemption and abatement on sale of old & used resulting in reducing liability to 11.7% (65% of 18) and 7.8% (65% of 12). On this opinion, we have received queries regarding availment of both exemption and abatement on sale of old and used motor vehicles. Accordingly the issue was that both exemption notification (37/2017 dated 22.08.2017 and 8/2018 dated 25.01.2018) provides exemption on fulfillment of certain conditions and do not reduce or amend the GST Rates as such as provided in notification 1/2017 dated 28.06.2017 which simply means that normal rate on motor vehicles as provided in notification no. 1/2017 still valid. Thus, registered person has an option to apply either of the exemption notification 37/2017 or 8/2018 on meeting the conditions therein.
 
With reference to the query raised clarifications on this part has been made which explains that why benefit of both the notifications can be availed and is as following:
 
Abatement of 65% on sale of Motor vehicle vide notification no. 37/2017 – Central tax (rate) dated 13.10.2017
 
Section 9 of CGST Act, 2017 explains levy and collection of CGST on intra state supplies. Section 9(1) of the Act explaining levy of GST is been reproduced as under:
 
9(1): Subject to the provisions of sub-section (2), there shall be levied a tax called the central goods and services tax on all intra-State supplies of goods or services or both, except on the supply of alcoholic liquor for human consumption, on the value determined under section 15 and at such rates, not exceeding twenty per cent., as may be notified by the Government on the recommendations of the Council and collected in such manner as may be prescribed and shall be paid by the taxable person.
 
Thus, notification no. 1/2017- Central tax (rate) dated 28.06.2017 was issued by the Government under section 9(1) of the CGST Act notifying the rates to be levied under different tariff. Hence, it will be tariff notification and not exemption notification.
 
Now notification no. 37/2017 – Central tax (rate) dated 13.10.2017 has also been issued under section 9(1) notifying sale of vehicles purchased and leased prior to 01.07.2017 will attract GST at a rate equal to 65% of the applicable GST rate (including compensation cess). This abatement was provided along with the condition that sale of such vehicles is done by a registered person who has procured the vehicle prior to 01.07.2017 and has also not availed any input tax credits of central excise duty, VAT or any other taxes paid on such motor vehicles.
 
Exemption on sale of Motor vehicles vide notification no. 08/2018 – Central tax (rate) dated 25.01.2018
 
Section 11 of CGST Act, 2017 provides power to government for granting exemption from CGST on intra state supplies. Section 11(1) of the Act providing exemption from CGST is been reproduced as under:
 
11. (1) Where the Government is satisfied that it is necessary in the public interest so to do, it may, on the recommendations of the Council, by notification, exempt generally, either absolutely or subject to such conditions as may be specified therein, goods or services or both of any specified description from the whole or any part of the tax leviable thereon with effect from such date as may be specified in such notification.
 
Government on 25.01.2018 issued a notification no. 08/2018- Central tax (rate) which reduced the rates of sale of old and used cars under section 11(1) of the Act applicable on all the types of 2nd hand motor vehicles on the margin of the supplier of such goods, read along with the condition that no input tax credit of input tax credit as defined in central excise duty or value added tax (VAT) or GST paid on such vehicles has been availed by the supplier.
 
Thus, accordingly, both the notifications are issued under different sections of the Act i.e. section 9 which prescribes tariff rates while section 11 grants exemption. Thus, both are not exemption notification. Therefore, benefits of both the notification can be availed which further reduces liability to 11.7% (65% of 18) and 7.8% (65% of 12).
 
 
 
The content of this GST update is for educational purpose only and not intended for solicitation.
 
 
 
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