In re Sai Service Private Limited (GST AAAR Goa)
The Applicant is NOT entitled to avail the Input Tax Credit charged on inward supply of motor vehicles which are used for demonstration purpose in the course of business of supply of motor vehicle as input tax credit on capital goods. As by capitalising the motor car it is treated as asset for use in the business and therefore such motor car cannot be said to be held for further supply.
FULL TEXT OF THE ORDER OF APPELLATE AUTHORITY FOR ADVANCE RULING, GOA
(under Section 101 of the Central Goods and Services Tax Act, 2017 and the Goa Goods and Services Tax Act, 2017)
The present appeal has been filed under section 100 of the Goa Goods and Services Tax Act, 2017 and the Central Goods and Services Tax, Act 2017 (hereinafter referred to as the ‘SGST Act’ and ‘CGST Act’) by the Appellant M/s Sai Service Private Limited, 36/1, Alto Porvorim Goa, challenging the decision dated 30/12/2022 of the Goa AAR on their application filed u/s 97 of GST law seeking an Advance Ruling in respect of the following questions:
- Admit the application for advance ruling and hold that the Order issued by the AAR is invalid and void
- Provide any other clarifications (if required) in context of the factual background provided vide EXHIBIT-I;
- Allow the Appellant to reiterate all the submissions made vide EXHIBIT-II without prejudice to one another;
- Grant the Appellant with an opportunity of personal hearing to put forth our contentions and explain our submissions before passing any Ruling in this regard;
- Allow the Appellant to amend, alter and add to the submissions made in the present Application;
- Allow the Appellant to produce additional documents and other material during the personal hearing; and
- Pass such other Orders and directions as may be deemed proper and necessary in this regard
BRIEF FACTS
Applicants Background:
