GST on the supply of used vehicles, seized and confiscated goods, old and used goods, waste and scrap by Govt. Departments
The CBIC has issued Circular No. 76/50/2018-GST clarifying certain issues related to GST.
The following clarification has been given on the subject:
Question: Whether the supply of used vehicles, seized and confiscated goods, old and used goods, waste and scrap by Government departments are taxable under GST?
Answer:
1. It may be noted that intra-State and inter State supply of used vehicles, seized and confiscated goods, old and used goods, waste and scrap made by the Central Government, State Government, Union territory or a local authority is a taxable supply under GST.
2. Vide notification No. 36/2017-Central Tax (Rate) and notification No. 37/2017-Integrated Tax (Rate) both dated 13.10.2017, it has been notified that intraState and inter-State supply respectively of used vehicles, seized and confiscated goods, old and used goods, waste and scrap by the Central Government, State Government, Union territory or a local authority to any registered person, would be subject to GST on reverse charge basis as per which tax is payable by the recipient of such supplies.
3. A doubt has arisen about taxability of intra-State and inter-State supply of used vehicles, seized and confiscated goods, old and used goods, waste and scrap made by the Central Government, State Government, Union territory or a local authority to an unregistered person.
4. It was noted that such supply to an unregistered person is also a taxable supply under GST but is not covered under notification No. 36/2017-Central Tax (Rate) and notification No. 37/2017-Integrated Tax (Rate) both dated 13.10.2017.
5. In this regard, it is clarified that the respective Government departments (i.e. Central Government, State Government, Union territory or a local authority) shall be liable to get registered and pay GST on intra-State and inter-State supply of used vehicles, seized and confiscated goods, old and used goods, waste and scrap made by them to an unregistered person subject to the provisions of sections 22 and 24 of the CGST Act.
First-time experience in filing appeal was a reasonable and bona fide cause for delay – ITAT condoned delay In a…
Mere nondisclosure of place of destination in the documents cannot be a ground for seizure u/s 129 of GST Act.…
Imposition of exorbitant interest in contemporary commercial practices not against the fundamental policy of Indian Law, or against the morality…
Assessees was not required to prove the “source of the source‟ of funds received as unsecured loans Prior to the…
The contention that during the pendency of case before settlement commission, the assessee must give up his right to contest…
Entire amount of undisclosed money cannot be treated as income and only estimated profit embedded in these transactions may only…