AAR holds that
registration, insurance and handling charges received and paid on behalf of
customer of motor vehicle are includible in ‘sale price’ thereof in terms of
Section 2(25) of Maharashtra VAT Act, under the deeming fiction that “any sum
charged for anything done by the seller in respect of the goods at the time of
or before delivery thereof”; Consequently, observes that “pre-delivery charges
are brought within the meaning of the expression “sale price” and even if a
sale has taken place, but delivery has not been taken, all pre-delivery charges
would form part of the sale price”, while drawing inference from SC ruling in
case of KTC Automobiles; Explains that motor vehicle remains in the category of
‘unascertained’ or ‘future’ goods till its appropriation to the contract of
sale and sale gets concluded only upon compliance with stipulated conditions to
make it road worthy in terms of Motor Vehicle Act, accordingly, “possession of
a motor vehicle passes or can pass legally to the purchaser only after
obtaining valid registration under the Motor Vehicles Act and the purchaser
gets entitled to use the vehicles in public places”; However, holds that tax
liability on handling or service charges related to registration shall be
protected for the period July 11, 2011 to January 29, 2016 considering that
Bombay HC decision in Sehgal Autoriders Pvt. Ltd. which held that such charges
were not liable to VAT, was subsequently reversed by Apex Court in KTC
Automobiles; Relying on various judicial precedents, AAR holds that
reimbursement of discounts offered to customers by automobile company shall
form part of ‘sale price’, while allowing input tax credit of motor vehicles
used as ‘Demo Vehicles’ provided that they are not capitalized : AAR
Subscribe to:
Post Comments (Atom)
5 GST Judgments in 2026 Every Business Should Be Watching
The year 2026 has already delivered several landmark GST decisions that could significantly influence tax compliance, assessments, and litig...
-
A new website launched for TDS related matters www.tdscpc.gov.in TRACES – T DS R econciliation A nalysis and C orrection E nabling S yste...
-
THE issues before the Bench are - Whether when an expenditure is claimed to have been incurred by an assessee for promotion of his busine...
-
The posting had been move to another website. Please click the link below to get the access of the same. https://taxofindia.wordpress....
-
The Reserve Bank of India has introduced a new framework governing export and import transactions under FEMA. These regulations are effectiv...
-
THE issues before the Bench are - Whether no penalty u/s 271(1)(c) is warranted even if assessee makes false claim of Sec 80IA benefits ...
-
What is a Digital Signature? Answer: A digital signature authenticates electronic documents in a similar manner a handwritten signatur...
-
This Tax Alert summarizes a recent judgement of the Supreme Court (SC) [1] on whether a show cause notice (SCN) under Section 74 of the ...
-
The overall effective tax rate of a U.S. multinational corporation may have significant impact on the value of its stock. Therefore, it ...
-
This Tax Alert summarizes a recent ruling of the Gujarat High Court (HC)1 on the taxability of corporate guarantee provided by the Petitio...
-
This Tax Alert summarizes a recent ruling of the Delhi High Court (HC) [1] on whether the newly introduced pre-deposit requirement for fi...
No comments:
Post a Comment