Re: Chowgule Industries Ltd (2019, AAR Goa)
Quick Summary
AAR Goa held that input tax credit (ITC) is available on motor vehicles purchased as demo cars. Demo cars directly support sales. They are used “in the course or furtherance of business”, so the dealer can claim ITC.
Issues
- Can a dealer claim ITC on motor vehicles bought and used as demo units?
Rules
- ITC Principle: Credit is allowed on inputs used in the course or furtherance of business, subject to exclusions.
- Demo Vehicles: When their purpose is to promote and sell vehicles, they are part of the sales process.
Facts (Timeline)
Auto Dealer
Arguments
Applicant (Dealer)
- Demo cars are essential to convince customers and close sales.
- They are used strictly for business; hence ITC should be allowed.
Revenue
- Demo cars are not directly sold; ITC should be blocked.
- Use is not “for business” within the ITC framework.
Judgment
ITC Allowed
The AAR Goa held that demo vehicles support marketing and sales. They are used in business, so ITC is available on their purchase, subject to compliance.
- Demo cars are a recognized sales tool.
- Their cost is linked to revenue generation.
Ratio
If a motor vehicle is purchased and used as a demo unit to promote sales, it is used in the course of business. Therefore, ITC on such vehicles is admissible.
Why It Matters
- Offers clarity to auto dealers on ITC eligibility for demo cars.
- Reduces cost of doing business when documented properly.
- Promotes consistent GST treatment for sales-promotion assets.
Key Takeaways
- Demo cars = business use ⇒ ITC eligible.
- Keep tight records: assignment, test drives, eventual sale.
- Apply GST rules on valuation if demo unit is later sold.
Mnemonic + 3-Step Hook
Mnemonic: “DEMO → DEAL → DEDUCT”
- DEMO: Car used to show and test.
- DEAL: Leads to sales conversion.
- DEDUCT: ITC claim is allowed.
IRAC Outline
Issue
Is ITC available on motor vehicles purchased as demo cars?
Rule
Inputs used in the course/furtherance of business qualify for ITC, subject to specific exclusions.
Application
Demo cars directly support marketing and sales—clear business nexus.
Conclusion
ITC allowed on demo vehicles, per AAR Goa (2019).
Glossary
- ITC
- Input Tax Credit—credit for GST paid on purchases used for business.
- Demo Car
- Vehicle used by a dealer to demonstrate features and enable test drives.
- AAR
- Authority for Advance Ruling—gives clarity on GST questions for applicants.
FAQs
Related Cases
- AAR/AAAR rulings on ITC for business promotion assets under GST.
- Clarifications on Section 17 restrictions for motor vehicles.
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