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Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

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INPUT TAX CREDIT AVAILMENT ON SUBSIDIARY SERVICES PROVIDED IN RESPECT TO MOTOR VEHICLES

INPUT TAX CREDIT AVAILMENT ON SUBSIDIARY SERVICES PROVIDED IN RESPECT TO MOTOR VEHICLES
INPUT TAX CREDIT AVAILMENT ON SUBSIDIARY SERVICES PROVIDED IN RESPECT TO MOTOR VEHICLES
This update seeks to discuss the admissibility of input tax credit pertaining to the purchase and other services in respect of motor vehicles and other conveyances.
Section 17(5) of CGST Act 2017 outlines the list of blocked credits and this lists allows the availability of input tax credit on motor vehicles on conditional basis. The relevant part of Section 17(5) reads as has been enumerated below-
(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––
(i) For making the following taxable supplies, namely:—
(A) Further supply of such vehicles or conveyances; or
(B) Transportation of passengers; or
(C) Imparting training on driving, flying, navigating such vehicles or conveyances;
(ii) For transportation of goods;
The analysis of above portion of section 17(5) makes it clear that the ITC on motor vehicles and other conveyances is allowed on conditional basis. It has been interpreted that the phrase "in respect of" is very restrictive in nature and it covers only the ITC involved in purchase of motor vehicle. All the other expenses like repairs-maintenance and insurance will be eligible for credit availment. This interpretation is based upon the fact that repairs and maintenance of motor vehicles is nowhere denied in section 17(5) or any other provision of CGST Act, 2017. When the ITC is not specifically denied, it is deemed to be allowed.
It is worthwhile to note that even the twitter handle provided by the government confirmed that ITC pertaining to the repair and maintenance of motor vehicles and conveyances used for business purpose shall be allowed.
In the recent proposed amendments in CGST Act wherein the bill is passed by the Lok Sabha i.e. CGST (Amendment) Bill, 2018, Section 17(5)(a) has been substituted as follows-
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 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).
Provided that the input tax credit in respect of such services shall be available—
(i) Where the motor vehicles, vessels or aircraft referred to in clause (a) or clause (aa) are used for the purposes specified therein;
(ii) Where received by a taxable person engaged—
(I) in the manufacture of such motor vehicles, vessels or aircraft; or
(II) in the supply of general insurance services in respect of such motor vehicles, vessels or aircraft insured by him;
On the basis of the analysis of the aforesaid newly proposed amendment, clause (ab) allows the credit on motor vehicle mentioned in clause (a) and (aa). The clause (a) mentions vehicle having approved seating capacity not more than 13 passengers. Hence, the buses and vans will be covered and it can be inferred that credit pertaining to repair, maintenance and other services explicitly provided in case of motor vehicles used in business purpose and having seating capacity of more than 13 persons (including the driver)like buses, Omnis, vans etc. will be allowed without any restrictions.
However, no ITC shall be allowed in case of repairs, maintenance and insurance of motor vehicles having seating capacity less than thirteen persons. But proviso to this clause (ab) allows the credit on repair, maintenance of such motor vehicle which are used for the purpose.
specified in clause (a) and (aa). The credit on vehicles of seating capacity less than 13 persons is allowed to traders of such vehicle, rent-a-cab operators and training and driving institutes. Hence, the credit of repair, servicing, insurance etc. will be allowed to them. But it will create unnecessary dispute that authorized car dealers having service centre will get the credit on outsourced repairing work but small workshops will not get the same.
Moreover, the credit of repair and maintenance of cars will be allowed to manufacturers of cars and credit of insurance will be allowed to insurance company.
Further, it is indispensible to note that this amendment bill is subject to changes as it has not been notified yet. The money bill is to be tabled in Rajya Sabha. Also, amended SGST bill is to be passed by all state assemblies before it become a statue applicable all over India.
This is solely for educational purposes. You can reach us at www.capradeepjain.com, at our facebook page on https://www.facebook.com/GSTTODAYBYPRADEEPJAIN/ as well as follow us on twitter at https://www.twitter.com/@capradeepjain21. We hope the above is useful to you.
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