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TMI BlogEntitlement of ITC by the insurance companies on the expenses incurred for repair of motor vehicles in case of reimbursement mode of insurance claim settlementX X X X Extracts X X X X X X X X Extracts X X X X ..... the cost of repairs/ damages of motor vehicles incurred by the policy holders and settle the claims in two modes i.e., Cashless or Reimbursement. 1.2 Under both modes of settlement, the insurance company accounts for repair liability (as assessed by the Surveyor/ Loss Assessor) as claim cost and is liable to make payment of approved repair charges to the garage. In both the cases, the invoices are generally issued by the garages in the name of Insurance companies. While in case of Cashless Mode, the insurance companies directly make the payment of approved repair charge to the Network Garage, in case of Reimbursement mode, the payment is first made by the Insured to the Non-Network Garage, which is subsequently reimbursed by the insurance c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... WBGST Act ), hereby clarifies the following: S. No. Issue Clarification 1 The insurance companies, which are engaged in providing general insurance services in respect of insurance of motor vehicles, insure the cost of repairs/ damages of motor vehicles incurred by the policyholders and settle the claims in two modes i.e., Cashless or Reimbursement. Whether ITC is available to insurance companies in respect of repair expenses reimbursed by the insurance company in case of reimbursement mode of claim settlement. Under reimbursement mode of claim settlement, the insured avails repair services from non-network garages with which the insurance companies do not have routine business relationship. The said garages issue the invoice in the name o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... roved cost of repair services through reimbursement to the insured. Further, irrespective of the fact that the payment of the repair services to the garage is first made by the insured, which is then reimbursed by the insurance company to the insured to the extent of the approved claim cost, the liability to pay for the repair service for the approved claim cost lies with the insurance company, and thus, the insurance company is covered in the definition of recipient in respect of the said supply of services of vehicle repair provided by the garage under section 2(93) of WBGST Act, to the extent of approved repair liability. Moreover, availment of credit in respect of input tax paid on motor vehicle repair services received by the insurance ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e available to the insurance company only to the extent of reimbursement of the approved claim cost to the insured, and not on the full invoice value. 3. Whether ITC is available to the insurer where the invoice for the repair of the vehicle is not in name of the insurance company. In such a case, condition of clause (a) and (aa) of section 16(2) of WBGST Act is not satisfied and accordingly, input tax credit will not be available to the insurance company in respect of such an invoice. 3. Difficulty, if any, in the implementation of this Trade Circular may be brought to the notice of the Commissioner. Sd/- (DEVI PRASAD KARANAM, IAS) Commissioner, State Tax West Bengal - Circular - Trade Notice - Public Notice - Instructions - Office order ..... X X X X Extracts X X X X X X X X Extracts X X X X
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