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All QuestionsCategory: GST ConsultancyGST on sale of used motor vehicles
Profile photo of Sandeep KothariSandeep Kothari asked 4 years ago

GST on sale of used motor vehicles

https://www.consultease.com/gst-compliances-in-india/gst-sale-old-motor-vehicles-1st-july-2017-till-date/#.XwdJnagvM2w
Ref. Above article on GST on sale of used motor vehicles by CA Himanshu Singhal

One question/doubt remains re Valuation of Old or Used car for GST Calculation Under Notification No. 8/2018 -Central Tax (Rate) dt 25/1/2018:

Whether WDV (written down value or depreciated value) as per books of a/c based on depreciation rate under Companies Act has to be considered for calculating margin & GST
or WDV based on depreciation rate under the Income Tax Act?

You are of the view that WDV based on the depreciation rate under the Income Tax Act should be considered for calculating margin & GST.

Pl give a thought to the provision in the said notification: In case the assessee has “claimed depreciation under section 32 of the Income-Tax Act,1961 on the said motor vehicle, margin shall be the difference between the consideration received and the depreciated value of the motor vehicle”. Reference to IT Act stops at claiming of depreciation but does not extend to the calculation of margin & depreciated value of the vehicle. The notification is silent on how the depreciated value is to be calculated – whether as per IT Act or Co. Act.

Therefore, the question is whether WDV as per books of a/c based on depreciation rate under Co. Act should be considered, or that as per IT Act, for calculating margin for GST calculation.

Plz, share your views on the above.

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