Page 44 - GSTL_21st May 2020_Vol 36_Part 3
P. 44

J70                           GST LAW TIMES                      [ Vol. 36
                                                       motor vehicle  as input tax credit  on capital  goods and same
                                                       can be utilized for payment of output tax payable under Act”.
                                             (2.4.2)  If Mr. Y had not claimed ITC of the said motor vehicle : In this
                                                   case Mr. Y would discharge tax as per Notification No. 8/2018-
                                                   C.T. (Rate), dated 25th January, 2018 claiming the benefit of con-
                                                   cessional rate of tax.
                                     Conclusion
                                            On the quotient of above discussion  and analysis of the facts, circum-
                                     stances and situation of the given present case, the above transaction would tan-
                                     tamount to supply of old or used vehicle and tax to charges as per Notification
                                     No. 8/2018-C.T. (Rate), dated 25th January, 2018 if no ITC of the car in question
                                     is taken.

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