1 The author wishes to throw light on the provision mentioned in section 17(5)(a)(A) of the CGST Act, 2017, wherein it was said that the credit of tax paid on motor vehicles is admissible where it is used for further supply of such motor vehicle. TDS Rate Chart: What are the applicable TDS rates for FY 2021-22? construing these words in Section 3(14) of the Indian Railways Act, 1890 has held that they are very wide. 4. Yet, this needs to be tested in the court of law on availability of credit. Contact ADCA - One of the reputed GST Consultants In Bangalore - for the complete assistance. Even though in case car taken on lease it become leasing services but it is leasing of motor vehicle service. As per the negative list of Input Tax Credit, i t has been provided that the ITC on following items cannot be availed:. In other words, motor vehicle include vehicle having more than four wheels but does not include vehicle used in factory or closed premises. 14 Reasons Why your GST registration may be suspended, GST Registration to be cancelled for Mismatch in Sales Return, Departmental GST Audit Process - Key Highlights, TDS on Payments to Residents & Non-Residents. A vehicle is, inter alia, a motor car as defined if it is constructed or adapted wholly or mainly for the carriage of passengers. However, section 17(5) state that input tax credit in respect of motor vehicle is not available. An efficient VAT system is endeavor to create good and transparent tax collection system, which reduces tax evasion, ensures better tax … However, post-amendment, input tax credit shall not be available in respect of supply of the service of renting or hiring of motor vehicles in terms of section 17(5)(b)(i) of the GST Act, unless the inward and the outward supplies are of the same category, standalone or as an element of a taxable composite or mixed supply. (5) Notwithstanding anything contained in sub-section (1) of section 16 and sub-section (1) of section 18, input tax credit shall not be Unavailable 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, 1. further supply of such motor vehicles; or, 3. imparting training on driving such motor vehicles, (aa) vessels and aircraft, except when they are used -, 1. for making the following taxable supplies, namely, further supply of such vessels or aircraft; or, imparting training on navigating such vessels; or. Non-vendor 2. Hence, the above decision needs reconsideration in light of the provisions cited above. Section 17 of the Central Goods and Service Tax (CGST) Act deals with Apportionment of credit and blocked credits, wherein Clause (5) of the said Section provides for restriction of credit. Considering the above credit would not be available. Supply < MV 3. The benefit of Rule 20(3)(a) is available only to dealers of such used/second hand vehicles which are registered in the State of Telangana under the Motor Vehicles Act, 1988. Since the motor vehicles for transportation of persons is blocked, therefore the vehicle for transportation of goods will always be available for input tax credit. Input Tax Credit system under GST, has its origin in the system of destiny based Consumption Tax popularly known as Value Added Tax (VAT) in Developed Economy. The author can also be reached at email@example.com, Category
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Let's deliberate on the provisions relating to motor vehicle. vehicle dealer members, the notional input tax credit scheme has instead generated substantial additional costs for small businesses and complicated compliance issues for motor vehicle dealers, who are the largest single sector dealing in used goods. Invoicing and jobs, Time … If you use a motor vehicle solely in carrying on your business and you're registered for GST, you’re generally entitled to claim a credit for the GST included in the price of the vehicle, provided you have a tax invoice. With due respect, the author of this article differs with the decision passed by the Authority for Advance Rulings in the above-mentioned case. It is pertinent to note that section 17(5) of the Act start with 'Notwithstanding anything contained in sub section (1) of section 16 and sub- section (1) of section 18, therefore, even if any goods or services used for business purpose but the same is covered under section 17(5) of the Act, then the credit would not be available. What is a connected person? In certain circumstances a VAT vendor may deduct a notional input tax credit in respect of “second-hand goods” acquired from non-vendors where no … Used goods, under subsection 120 (3) of the Act, qualify solely for a notional input tax credit under section 176 of the Act. Additional amount has to be paid if the cab is retained for extra hours or requisitioned on holidays. (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 —, in the manufacture of such motor vehicles, vessels or aircraft; or, in the supply of general insurance services in respect of such motor vehicles, vessels or aircraft insured by him;", The assessee was engaged in supplying cabs on rental basis for the purpose of transportation of passengers. With effect from 1 May 2004, all vendors claiming a notional input tax credit in respect of the acquisition of second-hand goods or repossessed goods are required to complete a VAT 264 form and retain such form for a period of 5 years from the date of sale.
It is worthwhile to note that the term "supply" has its significance and from reading the meaning of supply as given to it in section 7 of the CGST Act, 2017, it is very widely interpreted to include all sorts of supply, service or sale including renting, leasing, etc. "Section 17 - Apportionment of credit and blocked credits. Dictionary meaning of phrase 'in respect of' is: as regards; with reference to. Here, the admissibility of credit on motor vehicles has emerged as the burning issue and still in infant stage §ng there is diversity in the provision of the law and the decision being given by Authority for Advance Rulings. Section 17 (5) of CGST Act provides for denial of the input credit on motor vehicles and other conveyances except when they are used. Professional Course, India's largest network for finance professionals, Eligibility of input tax credit with respect to Motor Vehicle. When you prepare your tax business' tax return for the Canada Revenue Agency (CRA), ITCs are the vehicle for recovering the GST/HST paid out on purchases and expenses related to your commercial activities. Buyer cannot claim full input Value of the supply - Lower of cost or MV x 14/114 1. The Karnataka Authority for Advance Ruling (AAR) in its recent ruling on the application filed by M/s Midcon Polymers Pvt Ltd has adjudged that no deduction towards property taxes is allowed from value of renting of immovable services (RIS). Provident Fund Registration & Employee State Insurance Registration, FDI Filings with Reserve Bank of India (RBI), Project Reports & CMA Data for Bank loans, Registered Valuer under the Companies Act. The assessee provides cab rental service to various institutions and in no case such services provided to institutions can fall under "passenger transportation services". Here, the admissibility of credit on motor vehicles has emerged as the burning issue and still in infant stage §ng there is diversity in the provision of the law and the decision being given by Authority for Advance Rulings. We are here to help. An input tax deduction is denied in respect of the acquisition of any "motor car" except where the acquirer is effectively trading in motor vehicles. As per section 17 (5) input tax credit shall not be available in respect of the motor vehicles and other conveyances, however, following are the exceptional to the same – (a) motor vehicles and other conveyances except when they are used–– (i) for making the following taxable supplies, namely:— ... CRM, Workshop, Vehicles, Stock Control, eCommerce and much more. Input Tax Credit shall not be available in respect of supply of following : Exception(s) 17(5)(a) Motor Vehicles for Transportation of persons. Further notional amount of interest on security deposit would be included in value , only if it influences the monthly rent. Professional Course, Online Excel Course
As the words highlight, it is very clear that the credit of tax paid on motor vehicle is admissible if the same is used in further supply. ... BAS Reports & Notional Input Tax Credit entitlements. However, section 17 (5) state that input tax credit in respect of motor vehicle is not available. Apex Court incase of Union of India vs. Vijay Chand Jain (AIR 1977 SC 1302), held that term in respect of has wide connotation: The words "in respect of" admit of a wide connotation; Lord Geene Ml, in Canard's Trustees v. Inland Revenue Commissioners 174 L.T. A fairly simple concept, but the claiming thereof is subject to certain documentary requirements. From the facts, it was further’ inferred that the service receiver has to pay the assessee a certain amount per month as consideration, irrespective of what distance the cab travels in a particular month. imparting training on flying such aircraft; (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 --.
HC sets aside order of Maharashtra Appellate Advance Ruling Authority (AARA) denying input tax credit on purchase of motor vehicles to carry cash, cites failure to consider the principal submission of the assessee; Notes the fundamental submission of the assessee before AARA that the money would stand covered by the definition of 'goods' under Section … Seamless flow of input tax credit was the core purpose of the GST law after subsuming all the indirect taxes. Adjustment of Turnover (VAT) You can create a journal voucher to account for the adjustment of turnover for Maharashtra VAT. You are not eligible for any input tax credit relating to your personal vehicle if your auto log shows your business use to be 10% or less. The term 'Motor Vehicle' has the same meaning as defined under the Motor Vehicle Act, 1988 "motor vehicle" or "vehicle" means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding thirty-five cubic centimetres. The reality today is that the imposition of the notional input tax credits scheme on every private- Further, if the said services are treated motor vehicle then there was no need to provide rent-a-cab as a separately. It ruled out credit of input tax paid on the purchase of motor vehicles used for supply of rent-a-cab service if the transaction was effected before 1-2-2019, It further stated that the amended provisions of section 17(5)(b)(iii) of the GST Act do not contain reference to the rent-a-cab service. On the Tax Timeline, select "Federal Taxes", then click "Deductions and Credits". Follow the links below for more information about: When you can claim a GST credit It was further discussed that "rent-a-cab" is not defined in the GST Act and therefore, the nature of services has to be identified from the invoices and the related facts. A Complete Guide to Filing your CA Foundation Registration Form, You can also submit your article by sending to firstname.lastname@example.org, GST certification
In the old e-filing template of Maharashtra, for composition tax, there was a provision to capture the deduction of 85% of the sale value from sale of second hand motor vehicles as only 15% of the total sale value was taxable. Run and manage your automative or motor trade accounts online with integrated apps. The notional input tax credit mechanism was intended to remove the tax that was originally paid on the goods and not recovered. You can claim a credit for any GST included in the price of any goods and services you buy for your business. It is essential to refer definition of cab as defined under the Motor Vehicle Act, 1988 as GST Act has defined the same -. 3. imparting training on driving such motor vehicles. Accordingly, as the phrase 'in respect of' has wide meaning, any input tax paid on repair, insurance etc would fall within gambit of in respect of motor vehicle and accordingly credit would not be available. It does not distinguish between goods and services. VAT charged to customers is called “output tax”, while the VAT incurred on vehicle purchases and other business expenses that are incurred wholly or partly for purposes of making taxable supplies is known as “input tax”. This is called a GST credit (or an input tax credit – a credit for the tax included in the price of your business inputs). The relevant provision related to the issue under consideration is as under. 3.4 Input Tax Credit on a Creditable Acquisition does not obtain Recognition under the Income Tax Rules An input tax credit obtained on a creditable acquisition is not allowed as a deduction: s 27-5. It was further submitted that as people take the car on rent for the transportation of, passengers, therefore, the services though claimed as "rent-a-cab" services but it is closely and essentially associated with transportation of passengers and hence, on reading of the provision as cited above the credit of tax paid on the purchase of motor vehicles is admissible to it, While discussing the matter, it was stated by the Authority for Advance Rulings that the GST Act has been amended with effect from 1-2- 2019 and before amendment the provisions of section 17(5)(b)(iii) of the Act did not allow credit of GST paid on inputs for supply of rent-a-cab service, except under certain specific conditions that are not applicable in the this case. Also, in case of S. S. Light Railway Co., Ltd vs. Upper Doab Sugar Mills Ltd. We are therefore of opinion that the words "in respect of "used in s. 3(14) means " for the provision of " and not " for the user of ". Thus, where "rent-a-cab" is included in the meaning of the term "supply", and renting of motor vehicles is the further supply of such motor vehicles, hence, the conditions mentioned in section 17 are fulfilled in favour of admissibility of input tax credit to the assessee of tax paid on such motor vehicles. There are rules concerning luxury car purchases, leased vehicles and purchasing second-hand. GST
Click the "Check for more tax breaks" button, then select "Skip to see all tax breaks". Pages 21 This preview shows page 12 - 17 out of 21 pages. Notional input tax credits have been eliminated for used tangible personal property acquired by way of sale, except for supplies of usual coverings and containers (including returnable containers), seizures and repossessions of property by creditors, and property acquired by insurers on settlement of claims. School The University of Hong Kong; Course Title CL 000000; Uploaded By ktwong2. "Motorcab" means any motor vehicle constructed or adapted to carry not more than six passengers excluding the driver for hire or reward. Hence buses having carrying capacity more than 12 passengers would be outside the purview of rent-a-cab. Further, input tax means tax paid on goods or services. As per provisions of the input tax credit, the input tax credit in respect of Motor Vehicle is not available. However, input tax credits claimable on a car specifically fitted out for transporting disabled people seated in a wheelchair are not be subject to the luxury car limit. Input Tax denied –Motor Car Purchase, lease, hire or importation of a motor car (s 17(2)(c)) “Motor car” ( Def - s 1) Includes - Motor car, station wagon, minibus, double cab light delivery vehicle and any other motor vehicle of a kind normally used on public roads 3 or more wheels Even though in case car taken on lease it become leasing services but it is leasing of motor vehicle service. It does not distinguish between goods and services. Scroll down to the "Cars and Other Things You Own" section and click "Show More" to expand the list. How to Calculate Common Credit (ITC) under GST? And, an input tax credit on acquisition of a depreciating asset or a CGT asset is also not included in the relevant cost base: ss 27-80 and 103-30. • Input tax apportionment: – If VAT is incurred for taxable supply purposes and other purposes, the VAT must be apportioned to calculate deductible input tax (unless intended The exception is, where a registered taxpayer whose taxable activity is the provision of U-drive and is licensed under the Tourist Board Act, purchases Therefore, it would be arguable that it is leasing service and not motor vehicle services and hence credit should be eligible. passenger cars), with certain exceptions, e.g. Further, section 17(5)(a) of the Act provides that input tax credit shall not be available on inward supply of 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 -, 1. a further supply of such motor vehicles; or. Notional input tax credit is available only on such used/second hand vehicles purchased by the VAT dealer when they, in turn, are sold by the dealer to others. Seamless flow of input tax credit was the core purpose of the GST law after subsuming all the indirect taxes. Limited Period Offer Avail 20% discount in all subjects CA,CS and CMA,Coupon- OFFER20 Call: 088803-20003. Now, let discuss availability of credit on GST paid on cab services: As per section 17(5)(b)(iii): Supply of goods or services or both -rent a cab would not be available as credit. The provisions related to input credit under GST law are similar to that of old regime. This Court in S. S. Light Railway Co. Ltd. v. Upper Doab Sugar Mills Ltd. And Anr. It seems to us that in the context of Section 23(1B) 'in respect of' has been used in the sense of being 'connected with'. Now, let us discuss the availability of input tax credit in respect to car taken on lease. Input Tax Credit (ITC) is eligible to operators who take cabs on rent for providing the outward taxable supply of RAC service expressly under Section 17 of the Central Goods and Services Tax (CGST) Act, 2017. It is, therefore, clear from the above discussion that the nature of the service the assessee provides is classifiable under SAC 9966 as renting of a motor vehicle. i) for making the following taxable supplies, namely:— (a) further supply of such motor vehicles or conveyances ; or Section 20 (8) of the Value Added Tax Act, 1991 allows the Vendor to claim an amount as input deduction on the purchase of this item as follows: Purchase price – R100 X 14/114 = R12.28. Nilesh, Section 194LBC | TDS on Income in Respect of Investment in Securitization Trust. Further more, rate to leasing service would be at par with rate applicable to goods. 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