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ITC of Credit Notes under GST against warranty, Goods and Services Tax - GST

Issue Id: - 114782
Dated: 22-3-2019
By:- Kuldeep Kapoor

ITC of Credit Notes under GST against warranty


  • Contents

Sir,

We are car dealer selling cars . we are getting Warranty Claims by way of Credit Notes and i.e. ₹ 1000 + 18% as IGST .

Whether we have to issue Invoice with IGST and Pay IGST Please Clarify

Posts / Replies

Showing Replies 1 to 4 of 4 Records

Page: 1


1 Dated: 22-3-2019
By:- KASTURI SETHI

In your query, detailed facts are known to me . So I would like to bring to your notice the following decision of AAR, Kerala Question No.(iii) & (iv) & their replies are worth reading and relevant for you.

2018 (18) G.S.T.L. 834 (A.A.R. - GST) = 2018 (11) TMI 282 - AUTHORITY FOR ADVANCE RULINGS, KERALA IN RE : SARASWATHI METAL WORKS


2 Dated: 22-3-2019
By:- KASTURI SETHI

Pl.read the first line of my reply as ,"Detailed facts are NOT known to me."


3 Dated: 24-3-2019
By:- KASTURI SETHI

In continuation of case law mentioned above :

(iii) The supply of parts under warranty being without consideration, no GST is payable. The value of supply made earlier includes the charges to be incurred during the warranty period. Therefore, the applicant who undertakes the warranty replacement is not required to reverse the input tax credit on the parts/components replaced.

(iv) The supplier/manufacturer is eligible to avail the credit of higher input tax paid on purchase of raw materials, even though the manufactured products are taxable at lesser tax rate.

_______


4 Dated: 24-3-2019
By:- GAWESH NARULA

No need to reverse the ITC, You can issue the goods on deliveryt challan , departement is in this view, the company has already taken the cost of parts with origna material value .

As per my view no need to reverse the ITC.


Page: 1

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