A Company purchased a car for its business purpose in the year March 2018. The Company has not availed GST Credit on purchase of car. The company has claimed depreciation under Income Tax Act. Now the company intends to sale the car. The company is availing the benefit of notification no. 8/2018 CTR i.e., margin scheme for sale of used and old car.
The said notification provides that the taxable value shall be the difference between Sale consideration (minus) depreciated value of such goods on the date of supply.
Say for example: The cost of the car was Rs. 3 Lakhs on which GST @28% & Cess @ 1% was levied. The total cost of the car with GST taxes was Rs. 3,87,000/-. Apart from these, various other charges such as road tax, insurance, warranty etc., was charged, value of which say was Rs. 1,00,000/-. The total cost of the car is Rs. 4,87,000.
So, there are three value (i) Rs. 3 Lakhs which is the price of the car (ii) Rs. 3,87,000/- which is the price with GST and (iii) Rs. 4,87,000/- which is the price of car + GST + other charges.
The company would obviously capitalize the value as 4,87,000/- in the books and claimed depreciation under Income Tax on the said amount.
The Notification 8/2018 CTR uses the phrase depreciated value of such goods on the date of supply.
What does this phrase means. Should I calculate depreciated value of goods based on Rs. 3 Lakhs or Rs. 3.87 Lakhs or Rs. 4.87 Lakhs?
Nicely elaborated question.
In our view the deprecated value here means the value of car capatalised minus the depreciation claimed under Income Tax thereon. As rightly said that Co. would capatalise the full amount of Rs 4,87,000/- availed deprecation thereon, accordingly the depreciated value thereof shall be considered while computing value for purpose of levy of GST.
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