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2019 (3) TMI 841 - AAR - GSTSecond hand goods - Applicability of Margin Scheme under Rule 32(5) of the Central Goods and Service Tax Rules, 2017 - selling the used lead acid batteries to other manufacturers whether such used lead acid batteries qualify as ‘second hand goods’ - Outward Supply under the Margin Scheme - GSTR-3B - Held that:- The used lead acid batteries qualify to be second hand goods. Accordingly, the Applicant dealer is entitled to operate under the Margin Scheme in respect of the used lead acid batteries. In terms of Rule 2 of the Integrated Goods and Service Tax Rules, 2017, the Central Goods and Service Tax Rules, 2017, for carrying out the provisions specified in Section 20 of the Integrated Goods and Service Tax Act, 2017 shall, so far as may be, apply in relation to integrated tax as they apply in case of central tax. Section 20 of the IGST Act prescribes that the provisions of the CGST Act shall mutatis mutandis apply to various subjects which have been provided under Section 20 - The subject pertaining to ‘time and value of supply’ is covered under Section 20, hence the rules made under CGST Act in relation to valuation of a supply is applicable to IGST Act as well. Rule 32(5) of the CGST Rules, 2017 which provides for Margin Scheme in case of intra-state supplies shall also be applicable in case of inter-state supplies and the applicant is entitled to make inter-state supplies of used lead acid batteries while operating under the Margin Scheme.
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