Gst input query
Jilani Silawat (21 Points)
25 January 2020
I have purchased a Car on my firms name can i claim its Gst input on my firms monthly returns plz reply urgent
4 Replies
Roshni
(Studwnt)
(1141 Points)
Replied 25 January 2020
No it's credit is blocked under section 17(5)
CA. HEMANT GUPTA
(CA)
(66 Points)
Replied 25 January 2020
[5] Notwithstanding anything contained in sub-section [1] of Section 16 and subsection [1] of Section 18, input tax credit shall not be available 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:—
[A] further supply of such vehicles or conveyances ; or
[B] transportation of passengers; or
[C] imparting training on driving, flying, navigating such vehicles or conveyances;
[aa] vessels and aircraft except when they are used––
[i] for making the following taxable supplies, namely:—
[A] further supply of such vessels or aircraft; or
[B] transportation of passengers; or
[C] imparting training on navigating such vessels; or
[D] imparting training on flying such aircraft;
[ii] for transportation of goods;
[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—
[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;
[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:—
[A] further supply of such vehicles or conveyances ; or
[B] transportation of passengers; or
[C] imparting training on driving, flying, navigating such vehicles or conveyances;
[aa] vessels and aircraft except when they are used––
[i] for making the following taxable supplies, namely:—
[A] further supply of such vessels or aircraft; or
[B] transportation of passengers; or
[C] imparting training on navigating such vessels; or
[D] imparting training on flying such aircraft;
[ii] for transportation of goods;
[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—
[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;
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