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TMI BlogClarification on availability of ITC in respect of warranty replacement of parts and repair services during warranty period.X X X X Extracts X X X X X X X X Extracts X X X X ..... de practice, the original equipment manufacturers/suppliers offer warranty for the goods/services supplied by them. During the warranty period, replacement goods/services are supplied to customers free of charge and as such no separate consideration is charged and received at the time of replacement. It has been represented that suitable clarification may be issued in the matter as unnecessary litigation is being caused due to contrary interpretations by the investigation wings and field formations in respect of GST liability as well as liability to reverse ITC against such supplies of replacement of parts and repair services during the warranty period without any consideration from the customers. 2. The matter has been examined. In orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t of parts and/or repair service during warranty period. However, if any additional consideration is charged by the manufacturer from the customer, either for replacement of any part or for any service, then GST will be payable on such supply with respect to such additional consideration. 2 Whether in such cases, the manufacturer is required to reverse the input tax credit in respect of such replacement of parts or supply of repair services as part of warranty, in respect of which no additional consideration is charged from the customer ? In such cases, the value of original supply of goods (provided along with warranty) by the manufacturer to the customer includes the likel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4 In the above scenario where the distributor provides replacement of parts to the customer as part of warranty on behalf of the manufacturer, whether any supply is involved between the distributor and the manufacturer and whether the distributor would be required to reverse the input tax credit in respect of such replacement of parts ? (a) There may be cases where the distributor replaces the pan(s) to the customer under warranty either by using his stock or by purchasing from a third party and charges the consideration for the part(s) so replaced from the manufacturer, by issuance of a tax invoice, for the said supply made by him to the manufacturer. In such a case, GST would be payable by the distribu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed. 5 Where the distributor provides repair service, in addition to replacement of parts or otherwise, to the customer without any consideration, as part of warranty. on behalf of the manufacturer but charges the manufacturer for such repair services either by way of issue of tax invoice or a debit note, whether GST would be payable on such activity by the distributor ? In such scenario, there is a supply of service by the distributor and the manufacturer is the recipient of such supply of repair services in accordance with the provisions of sub-clause (a) of clause (93) to section 2 of the KGST Act, 2017. Hence, GST would be payable on such provision of service by the distr ..... X X X X Extracts X X X X X X X X Extracts X X X X
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