2024 (8) TMI 374 - AAR - GST

Input Tax Credit - whether the cars used by the applicant for demonstration purpose are eligible for ITC or not? - HELD THAT - The motor cars involved in the question are eligible for ITC only if these conditions are met. Therefore the argument that demo cars are not used for transportation of persons doesn t make them eligible for ITC. However it is found that the applicant intents to make a further supply of such cars after the demo period. The fact that the cars were used for demo purpose doesn t alienate the cars from its eligibility for ITC if they are used for making further supply of the same even if on a later date. Thus the applicant can claim ITC on cars used for demonstration purposes provided they are subsequently used for making supply. Thus applicant are entitled to avail Input Tax Credit on inward supply of motor vehicles which are used for demonstration purpose. However this ruling shall not be applicable if depreciation is claimed on the tax component of the cost of demo cars or if the cars are not used for making further supply of such cars.

Summary

Issues:
Whether the applicant is entitled to avail Input Tax Credit on inward supply of motor vehicles used for demonstration purposes.

Analysis:

Contentions of the Applicant:
The applicant, a motor car supplier, sought an advance ruling on availing Input Tax Credit (ITC) for demo vehicles used in their business. They argued that demo vehicles are essential for sales promotion, capitalized as fixed assets, and disposed of as second-hand cars after the demo period. The applicant claimed eligibility for ITC under Section 16(1) of the CGST Act, supported by various legal precedents. They contended that Section 17(5) restricting ITC on vehicles for transportation of persons does not apply to demo cars used for sales promotion. The applicant emphasized their intent to avail ITC on demo vehicles for further supply, citing relevant AAR decisions and legal interpretations.

Comments of the Jurisdictional Officer:
The jurisdictional officer did not provide any remarks on the application, indicating no specific objections or pending proceedings against the applicant.

Discussion and Conclusion:
The ruling authority acknowledged the sole issue of whether demo cars qualify for ITC. While demo cars are crucial for sales promotion and meet the requirements of Section 16(1) for ITC eligibility, Section 17(5) is an overriding provision. The critical question was whether ITC on demo cars is affected by Section 17(5), which limits ITC on motor vehicles used for specific purposes. The authority clarified that demo cars must meet the conditions under Section 17(5) to be eligible for ITC. However, the applicant's intention to make further supplies of demo cars post the demo period allows them to claim ITC on such vehicles. Therefore, the ruling stated that the applicant can avail ITC on motor vehicles used for demonstration purposes if they are subsequently used for further supply.

Ruling:
The ruling confirmed that the applicant is entitled to avail Input Tax Credit on inward supply of motor vehicles used for demonstration purposes, subject to conditions. However, this entitlement is contingent on not claiming depreciation on the tax component of demo cars or failing to use the cars for subsequent supplies.