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2022 (6) TMI 133

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..... e that represent margin of the supplier, on supply of such car, and whether the GST can be charged on such margin? - Whether the value that represent margin of the supplier, on supply of such old and used goods/Car will be inclusive of GST or exclusive? HELD THAT:- The subject car has engine capacity exceeding 1500 cc, length 4000 mm, and ground clearance 170 mm, with diesel as its fuel. A .....

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..... pecifications, Length 4000 mm, and Ground Clearance 170 mm] for Rs. 80 Lakhs on 16-02-2018 for use in its business and did not avail GST Input Tax Credit at the time of purchase as it is restricted under Section 17(5) of the CGST Act, 2017. Depreciation was claimed under the Income Tax Act, 1961 (43 of 1961). 2. The applicant has submitted that it intends to sell the same used car for a con .....

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..... ed on such margin? 4. The value that represent margin of the supplier, on supply of such old and used goods/Car will be inclusive of GST or exclusive? Personal Hearing 5. Virtual hearing granted on 5-5-22 was attended by Shri Vinod Bohra, Manager and Shri R. Subramanya, Advocate and they reiterated the submission. During hearing, Shri Bohra submitted that the vehicles engine capacity ex .....

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..... 3. 8703 Old and used motor vehicles of engine capacity exceeding 1500 cc, popularly known as Sports Utility Vehicles (SUVs) including utility vehicles. Explanation . - For the purposes of this entry, SUV includes a motor vehicle of length exceeding 4000 mm and having ground clearance of 170 mm. and above. Explanation - For the purposes of t .....

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