Page 203 - GSTL_23rd July 2020_Vol 38_Part 4

2020 ] IN RE : CMS INFO SYSTEMS LTD. 569
transportation of goods. In other words, if the motor vehicles and conveyance is
used for transportation of goods, input tax credit on motor vehicles is available.
The relevant portion of the said Section 17(5)(a) is reproduced below :
“Section 17 Apportionment of credit and blocked credit. -
(1) …………
(2) …………
(5) Notwithstanding anything contained in sub-section (1) of Section 16
and sub-section (1) of Section 18, input tax credit shall not be available in
respect of the following, namely :-
(a) motor vehicles and other conveyance 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 passenger; or
(C) imparting training on driving, flying, navigating
such vehicles or conveyances;
(ii) for transportation of goods;
………..
………..
9. As per the meaning assigned to “goods” under clause (52) to Section
2 of the CGST Act, money is excluded from the ambit of the “goods”. Section
2(52) is reproduced below :
Section 2. Definition. - In this Act, unless the context otherwise
requires, -
(1) ………..
(2) ………..
………..
(52) ”goods” means every kind of movable property other than
money and securities but includes actionable claims, growing crops,
grass and things attached to or forming part of the land which are
agreed to be severed before supply or under contract of supply;”
10. Meaning to “money” has been assigned under clause (75) to Section
2 of the CGST Act, 2017, which is reproduced below :
Section 2. Definition. - In this Act, unless the context otherwise
requires, -
(1) ………..
(2) ………..
………..
(75) ”money” means the Indian legal tender or any foreign currency,
cheque, promissory note, bill of exchange, letter of credit, draft, pay order,
traveler’s cheque, money order, postal or electronic remittance or any other
instrument recognized by the Reserve Bank of India when used as a con-
sideration to settle an obligation or exchange with Indian legal tender of
another denomination but shall not include any currency that is held for its
numismatic value;
GST LAW TIMES  23rd July 2020  203