When an Old Staff Bus sold from SEZ unit, whethe GST applicable on the same or not??
11 Replies
Mukesh Sikarwar
(Manager (Indirect Taxation))
(248 Points)
Replied 21 March 2018
My opnion, used car not liable to GST, if purchase after 01.07.2017. (due to availment of cenvat credit restricted in Section 17(5).
Taxing the sale of Used Car results in double Taxation.
Used car has not defined clear in GST law.
RAMESH KUMAR SINGLA
(PROFESSIONAL)
(1777 Points)
Replied 21 March 2018
The supply of old bus from SEZ into DTA would attract custom duty and IGST with compensation cess. The age of the bus may be relevant for valuation for the purposes of charging BCD and IGST. The recipient of Bus will pay these taxes under Reverse Charge Mechanism.
Pankaj Rawat
(GST Practitioner)
(55057 Points)
Replied 21 March 2018
Ramesh Ji , sir why RCM is applicable ????
PEP CONSULTANCY
(118 Points)
Replied 21 March 2018
Because purchase from SEZ is treated as import. And for import the purchaser shall pay IGST under RCM
Pankaj Rawat
(GST Practitioner)
(55057 Points)
Replied 21 March 2018
But , in import of goods the IGST is already being charge therin in shipping bill !!!!!
Mukesh Sikarwar
(Manager (Indirect Taxation))
(248 Points)
Replied 22 March 2018
If motor car had purchased prior to 01.07.2017 then you have to pay 65% of GST and Cess.
You can take 35% abatement and GST will be charge 18%.
Pankaj Rawat
(GST Practitioner)
(55057 Points)
Replied 22 March 2018
Correct Mukesh ji as per notifications 37
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