Sale of vehical

if i am selling vehical (pickup) used in a business on which I have not taken ITC than wheateher I have to pay tax on profit of sale as per IT act
Replies (3)
Quick Summary
This discussion clarifies the tax implications when selling a business vehicle, specifically a pickup truck, on which Input Tax Credit (ITC) was not claimed. It explains that profit from the sale is taxable under the Income Tax Act if the vehicle was capitalised and certain conditions regarding other plant & machinery or the sale value exceeding the written-down value are met. The advice also distinguishes this from GST, stating that capital gains for income tax purposes are calculated differently and do not directly involve GST margin calculations.

Yes. you have to pay tax on profit on sale provided the following condition are satisfied.
1) The vehicle must be capitalised in the business
2) There is no other existing plant & machinery (P&M). Even if there is any plant & machinery, the sale consideration should exceed the entire Written down value of P & M. or
3) The sale value must exceed opening written down value.
No I am asking gst point of view that wheather should I have to pay tax on margin as per cbic notification
No. Capital gain (i.e Margin) is calculated as per income tax provision by considering the above mentioned points. The Gain on which you have changed GST will not be taken into consideration for the purpose of Income tax. Gain ( margin) computation is different in Income Tax Act.

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