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TMI BlogClarification on availability of ITC in respect of warranty replacement of parts and repair services during warranty periodX X X X Extracts X X X X X X X X Extracts X X X X ..... 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 order to ensure uniformity in the implementation of the provisions of the law across the field formations, the Princi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 likely cost of replacement of parts and/or repair services to be incurred during the warranty period. Therefore, these supplies cannot be considered as exempt supply and accordingly, the manufacturer, who provides replacement of parts and/or repair services to the customer durin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ributor replaces the part(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 distributor on the said supply by him to the manufacturer and the manufacturer would be entitled to avail the input-tax credit of the same, subject to other conditions of the Assam GST Act. In such case, no reversal of input-tax credit by the distributor is required in respect of the same. (b) There may be cases where the distributor raises a requisition to the manufacturer for the part(s) to be replaced by him under ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y 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 Assam GST Act, 2017. Hence, GST would be payable on such provision of service by the distributor to the manufacturer and the manufacturer would be entitled to avail the input-tax credit of the same, subject to other conditions of the Assam GST Act. 6. Sometimes companies provide offers of extended warranty to the customers which can be availed at the time of original supply or just before the expiry of the standard warranty period. Whether GST would be payable in both the cases ? (a) If a customer enters in to an agreement of extended warranty with the manufacturer a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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