In re M/s. CMS Info Systems Ltd. (GST AAAR Maharashtra)
The Appellate Authority held that, as the law now stands, Input Tax Credit is not available to CMS Info Systems Limited on purchase of motor vehicles i.e. cash carry vans, which are purchased and used for cash management business and supplied post usage as scrap.
Read AAR Order : GST applicable on Supply of motor vehicles as scrap after its usage in business: AAR
Read AAAR order 2 after HC Judgment:ITC eligible on purchase/fabrication of motor vehicle used for carrying cash & bullion
FULL TEXT OF ORDER OF APPELLATE AUTHORITY FOR ADVANCE RULING, MAHARASHTRA
(under Section 101 of the Central Goods and Services Tax Act, 2017 and the Maharashtra Goods and Services Tax Act, 2017)
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 MGST Act. Further, the CGST Act, 2017 and MGST Act, 2017, sometimes, shall also be referred as GST Act.
M/s CMS Info Systems Limited (herein after referred to as the “Appellant”) had filed application for advance ruling under the provision of Section 97(1) of the CGST Act, 2017. However, the members of the Advance Ruling Authority differed in their opinion in deciding one of the two issues/questions raised by the applicant before them. Accordingly, the said issue, which remain undecided by the Authority for Advance Ruling, has been referred before this appellate authority under the provision of Section 98(5) of the CGST Act, 2017.
BRIEF FACTS OF THE CASE
1. The Appellant is having cash management network pan India. During the course of providing the cash management services, the appellant is engaged in the following activities:
