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[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY PART II, SECTION 3, SUB-SECTION (i)]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(Department of Revenue)

Notification No. 37/2017-Central Tax (Rate)

New Delhi, the 13th October, 2017

G.S.R. 1286(E).– In exercise of the powers conferred by sub-section (1) of section 9 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, hereby notifies the central tax on intra- State supplies of goods, the description of which is specified in column (3) of the Table below, falling under the tariff item, sub-heading, heading or Chapter as specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), as the case may be, as specified in the corresponding entry in column (2), of the Table below, at the rate specified in corresponding entry in column (4) and subject to relevant conditions annexed to this notification, if any, specified in the corresponding entry in column (5) of the Table aforesaid:

TABLE

Sl. No. Chapter, Heading, Sub- heading or Tariff item Description of Goods

 

Rate Condition No.
(1) (2) (3) (4) (5)
1. 87 Motor Vehicles 65% of central tax applicable otherwise on such goods under Notification No. 1/2017- Central Tax (Rate) dated, 28th June, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub Section (i), vide G.S.R. 673 (E) dated the 28th June, 2017. 1

 

2. 87 Motor Vehicles 65% of central tax applicable otherwise on such goods under Notification No. 1/2017-Central Tax (Rate) dated, 28th June, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub Section (i), vide G.S.R. 673 (E) dated the 28th June, 2017. 2

2. Provided that nothing contained in this notification shall apply on or after 1 July, 2020.

Explanation –For the purposes of this notification, –

(i) “Tariff item”, “sub-heading”“heading”and “Chapter”shall mean respectively a tariff item, heading, sub-heading and Chapter as specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975).

(ii) The rules for the interpretation of the First Schedule to the said Customs Tariff Act, 1975, including the Section and Chapter Notes and the General Explanatory Notes of the First Schedule shall, so far as may be, apply to the interpretation of this notification.

ANNEXURE

Condition
No.

Condition

1. The Motor Vehicles was purchased by the lesser prior to 1st July, 2017 and supplied on lease before 1st July, 2017
2. i. The supplier of Motor Vehicle is a registered person.

ii. Such supplier had purchased the Motor Vehicle prior to 1st July, 2017 and has not availed input tax credit of central excise duty, Value Added Tax or any other taxes paid on such vehicles

[F.No.354/117/2017- TRU (Pt. III)]

(Ruchi Bisht)
Under Secretary to Government of India

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3 Comments

  1. Asif says:

    While the leasing companies collect the higher GST rates for their installments of July 2017, Aug 2017 and Sep 2017, the Govt order for a 35% rebate vide Notification No. 37/2017 came in on 13th Oct 2017.

    The notification clearly states this is applicable up until 1 July 2020, which effectively means the rebate is for a 3 year period starting July 2017 thru June 2020.
    Where’s the clarification that the companies who collected the 100% GST should refund its customers the 35% for the months of Jun, Jul, Aug, Sep 2017?
    Can anyone provide a link or details to that effect please?

  2. Sunny Chauhan says:

    Ok, We got it that 65% of 28% will be charged which will be 18.2%, now the problem is ” where we will show this tax rate during filing of GSTR 1 as system is not equipped with this rate of tax.

  3. Sadvichar Parivar (Jitubhai) says:

    Ours is a NGO registered with Charity Commissioner Ahmedabad. We are selling our old motor vehicles( purchased in the year of 2001,2002 & 2011) to any buyer.Let us know under which notification we can sell these vehicles & what will be the % GST applicable on selling price.Please reply at your earliest.

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