Page 210 - GSTL_23rd July 2020_Vol 38_Part 4

576 GST LAW TIMES [ Vol. 38
special treatment in terms of its security and its handling by RBI and Banking
industry; and that the said guidelines are not applicable to other goods, do not
lead to the conclusion that money cannot be considered as ‘goods’, as it is no-
where mentioned in the GST Act that transportation or treatment of all the goods
are to be effected in the uniform manner or the mode of transportation or han-
dling of any goods keeping in mind its value and importance cannot be different
from the other goods. Here, the transportation of the currency for the purpose of
cash replenishment in ATMs operated by the Appellant’s clients are being regu-
lated by RBI in the capacity of the Regulatory Authority, the guidelines of which
have to be mandatorily complied with by the Appellant for carrying out their
activities. Therefore, the compliance of the guidelines issued by the RBI will not
detract the subject money from being goods. Further, non-applicability of the RBI
guidelines on the goods other than money is quite obvious, as the RBI is the reg-
ulatory authority only in the matter related to the money and not for all the
goods. Hence, such arguments, put forth by the Respondent is erroneous and
absurd, and do not merit to be considered.
43. Now, when it has been established that money, transported by the
Appellant in the cash-carry vans, can be considered as goods, ITC in respect of
the cash carry vans used for the transportation of cash will be available to the
Appellant in accordance with provisions of Section 17(5)(a)(ii) of the CGST Act,
2017, which has been reproduced hereinunder :
“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;
44. Now, in view of the above deliberation, we pass the following
order :
Order
45. We, hereby, hold that Input Tax Credit against the GST paid on the
purchase, and fabrication of the motor vehicles, used for carrying cash and bul-
lions, is available to the Appellant.

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GST LAW TIMES  23rd July 2020  210