Practicing Cost Accountant
50 Points
Joined February 2018
Dear All You have to see the definition of Motor Vehicle in Motor Vehicles Act, 1988. Proper reading of Section 17(5) of CGST Act, makes it clear that on Motor bike Input Tax of GST is not available. Read the above section given below for ready reference.
(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 and other conveyances except when they are used
(i) 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;
(ii) for transportation of goods;
Definition of Motor Vehicle in the Motor Vehicles Act, 1988 : "motor vehicle" or "vehicle" means any mechanically propelled vehicle adapted for use upon roads whether the power of 1 Subs. & ins. by Act. propulsion is transmitted thereto from an external or internal source and includes a chassis to which a body has not been attached and a trailer; but does not include a vehicle running upon fixed rails or a vehicle of a special type adapted for use only in a factory or in any other enclosed premises or a vehicle having less than four wheels fitted with engine capacity of not exceeding thirty-five cubic centimetres;
(M) 9945881990