ITC is not available with regard to purchase of Motor Vehicles , Vessels and Aircrafts barring few exceptions as mentioned below
(a) Motor vehicles for transportation of persons like cars , motorcycles etc having approved seating capacity of less than 13 persons
Exceptions
When they are used for making the below mentioned taxable supplies namely
(A) further supply of such motor vehicles; or
Eg. ITC is available if the taxable person is dealing in sale and purchase of such motor vehicles
(B) transportation of passengers ( note here the difference between the usage of words persons and passengers)
Eg. ITC is available if the taxable person is into the business of plying vehicles for movement of passengers
(C) imparting training on driving such motor vehicles;
Eg. ITC is available if the taxable person is running a Driving Traning Institute
(b) Vessels and aircraft
Exceptions
When they are used for making the below mentioned taxable supplies namely
(A) further supply of such vessels or aircraft; or
(B) transportation of passengers and /or goods ; or
(C) imparting training on navigating such vessels; or
(D) imparting training on flying such aircraft;
(c) services of general insurance , servicing , repair and maintenance of afore mentioned motor vehicles, vessels and aircraft
Exceptions
(A) ITC is available if the motor vehicles , vessel or aircraft are used for the purposes specified in the Exceptions
(B) ITC is available if the registered applicant is into the business of Manufacturing of such motor vehicles , vessels or aircrafts
(C) ITC is available if the registered applicant is into the business of Provision of supply of general insurance services
Though ITC is not available on purchase of motor vehicle like cars , motorcycles and other similar vehicles but it doesn’t means that Gst paid on them is lost because the taxable person can still claim depreciation ( 20% in most cases) on the full purchase price (inclusive gst) which helps in reducing their Income Tax Liability.
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