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Goods and Services Tax

For levy of cess ground clearance of vehicle is to be considered in laden condition only

Case Law Details

TaxGuru Citation
2019 taxguru.in 1945
Case Name
In re Tata Motors Limited (GST AAAR Maharashtra)
Date of Judgement/Order
Only available for paid members
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In re Tata Motors Limited (GST AAAR Maharashtra)

Q.1.3 For the purpose of Cess @ 22% under Sr. No. 52B of Cess Rate Notification, whether the ground clearance of the vehicle is to be considered in laden condition or in unladen condition?

Ans: For the purpose of Cess @ 22% under Sr. No. 52B of Cess Rate Notification, the ground clearance of the vehicle is to be considered in laden condition only.

Q. 1.6 Vehicle whose ground clearance in unladen condition is more than 170mm but below 170mm in laden condition, whether will get covered under Sr. No. 52B of Cess Rate Notification?

Ans: Vehicle whose ground clearance in unladen condition is more than 170mm but below 170mm in laden condition, will not get covered under Sr. No. 52B of Cess Rate Notification.

FULL TEXT OF ORDER OF APPELLATE AUTHORITY OF ADVANCE RULING, MAHARASHTRA

At the outset, we would like to make it clear that the provisions of both the CGST Act and the MGST Act are the same except for certain provisions. Therefore, unless a mention is specifically made to such dissimilar provisions, a reference to the CGST Act would also mean a reference to the same provisions under the

The present appeal has been filed under Section 100 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017 [hereinafter referred to as “the CGST Act and MGST Act”] by Tata Motors Limited (herein after referred to as the “Appellant”) against the Advance Ruling No. GST-ARA-93/2018-19/B-32 dated 22/03/2019.

Brief Facts of the Case

A. Tata Motors Limited (hereinafter referred to as “The Appellant”) is in the business of manufacturing and selling of vehicles, chassis for vehicles and parts thereof. The Appellant manufactures commercial as well as passenger vehicles.

B. The Appellant has launched its passenger vehicle, Tata Harrier’, which has following technical specifications:

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