Case Law Details
In re Landmark Cars East Private Limited (GST AAR West Bengal)
The case of Landmark Cars East Private Limited (GST AAR West Bengal) delves into the intricacies of GST regulations concerning demo cars. This article examines the authority’s rulings on input tax credit, tax rates, and classification for demo cars, offering comprehensive insights into the implications for businesses.
Landmark Cars East Private Limited, an authorized agent of Mercedes Benz India, seeks clarity on several GST provisions related to demo cars. The applicant’s role involves facilitating sales, including the supply of Mercedes-Benz passenger vehicles and related services. Central to the inquiry are questions regarding input tax credit (ITC) on demo car purchases, classification, and the tax treatment of reimbursement for losses on demo car sales.
The applicant contends that demo cars are crucial for promoting sales, providing customers with firsthand experiences through test drives. They assert their entitlement to ITC on demo car purchases, citing Section 16(1) of the GST Act, which allows ITC for goods used in the course or furtherance of business. Furthermore, they argue that Section 17(5)(a) exceptions do not apply, as demo cars are intended for resale, aligning with the definition of ‘further supply.’
Additionally, the applicant presents precedents from other states’ advance ruling authorities to support their position on ITC eligibility for demo cars. However, they distinguish their case from rulings where demo cars were capitalized rather than treated as stock in trade.
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