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GST on used car by compay, Goods and Services Tax - GST

Issue Id: - 118140
Dated: 3-9-2022
By:- HASMUKH PATEL
GST on used car by compay

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Dear Sir,

We are manufacturer and launch scheme for employee. We provide car to employee for company and personal use under agreement/ scheme of 4 years. Under scheme the employee pay 52% and we employer pay 48% of EMI. We don't claim of ITC but ,book the cars in our account and claim the depreciation under income tax act. After complication of 4 year we transfer the car to employee.

Now the question is that any GST is applicable on it after 4 year at the transfer of car to employee ?.

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Posts / Replies

Showing Replies 1 to 10 of 10 Records

1 Dated: 3-9-2022
By:- vijay kumar

As per Section 7 of the CGST Act'17 supply takes place only when there is a consideration in the course of furtherance of business.. In your case, both these conditions seem to have not been fulfilled. Since there is no supply, there would be no GST liability, in my view. Both your contribution and employees' contribution are made to the car manufacturer/dealer and no income accrues to you in the whole transaction. Secondly, it's an activity not in the course of furtherance of business and hence Sch.I is also not attracted. Since ITC is not availed, Sn.17(5) does not come into picture.


2 Dated: 5-9-2022
By:- HASMUKH PATEL

Dear Sir,

Margin act is applicable in this case under Notification No. 08-2018-CGST Rate ? We have claimed depreciation on whole amount of car under Income Tax Act. Pls. clarify the point. Also as per Schedule-II , related person sale ( employee-employer) is supply without any consideration.


3 Dated: 5-9-2022
By:- AdvMurari Kumar

you might have capitalized GST amount also and claimed dep. on that,

in my view if there in any profit at the time of sale GST would be applicable i.e. sale value-book value if sale value is high.


4 Dated: 5-9-2022
By:- HASMUKH PATEL

Sir,

As er my understanding margin act is only applicable, who is buying and selling of old cars.

This act is applicable to all register person ?


5 Dated: 5-9-2022
By:- AdvMurari Kumar

it is for all but not for them who has taken GST input on it,

as we know input is available if person in same line of business. then other calculation is applicable.


6 Dated: 5-9-2022
By:- HASMUKH PATEL

But ITC is blocked under Sec. 17 for motor vehicle with capacity less then 13 passengers.


7 Dated: 5-9-2022
By:- AdvMurari Kumar

Read Section 17 with following

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;


8 Dated: 5-9-2022
By:- HASMUKH PATEL

Sir,

As per your explanation , we can not take ITC on car purchase under agreement between employee & employer. If we do not claim ITC -blocked ITC by GST , it mean it's not for furtherance of business our business. Now after completion of agreement , we transfer the car to our employee , why GST is applicable ? Can it consider as supply ?

The calculation for consider the supply value under Notification No. 08/2018 is applicable?

How to consider transfer value under Notification No. 08/2018. Tax on actual transfer value - depreciative value. If it's negative not GST . But i our case it's become positive.


9 Dated: 19-9-2022
By:- vijay kumar

For any event to be taxable under GST, it has to be supply u/s 7 r/w Schedules..you feel that it will fall under Sch.I.. pls check where it fits into Sch.I, which reads as follows. Sl.no.2 is attracted (your company and employees being related persons) only when the supply is in furtherance of business. Is your company doing any business in the whole transaction? Valuation aspect will come only when there is a supply. ITC in any case is barred.

 


10 Dated: 19-9-2022
By:- HASMUKH PATEL

Thanks for clarifications.

Dear Vijaykumarji,

The ITC on motor vehicle having capacity less then 13 passenger including driver is bended. In some cases it's available like used in cab - taxi etc.

In our cases we could not claim ITC on car procure under employee-employer agreements.

Now my confusions as under.

If we pay tax on margin amount , doesn't is dabble taxation on good ?

It's consider as company asset , but if ITC is not claim on it as it is restricted by section 17 can company liable to pay GST on it ?

Can tax on used car is only applicable to dealer who register for purchase and sale of used vehicles??


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