Chartered Accountant
355 Points
Joined November 2009
Amendment in Section 17 by CGST (Amendment) Act, 2018 dated 29.08.2018
The above debate has come to end with the amendment in section 17(5) of CGST Act. The amended version of the section is as below:
"(5) Notwithstanding anything contained in sub-section (1) of section 16 and subsection (1) of section 18, input tax credit shall not be available in respect of the following, namely:—
(a) motor vehicles for transportation of persons having approved seating capacity of not more than thirteen persons (including the driver), except when they are used for making the following taxable supplies, namely:—
(A) further supply of such motor vehicles; or
(B) transportation of passengers; or
(C) imparting training on driving such motor vehicles;
(aa) vessels and aircraft except when they are used––
(i) for making the following taxable supplies, namely:—
(A) further supply of such vessels or aircraft; or
(B) transportation of passengers; or
(C) imparting training on navigating such vessels; or
(D) imparting training on flying such aircraft;
(ii) for transportation of goods;
(ab) services of general insurance, servicing, repair and maintenance in so far as they relate to motor vehicles, vessels or aircraft referred to in clause (a) or clause (aa):
Provided that the input tax credit in respect of such services shall be available—
(i) where the motor vehicles, vessels or aircraft referred to in clause (a) or clause (aa) are used for the purposes specified therein;
(ii) where received by a taxable person engaged—
(I) in the manufacture of such motor vehicles, vessels or aircraft; or
(II) in the supply of general insurance services in respect of such motor vehicles, vessels or aircraft insured by him;"
From the above amended section, it can be seen that a new clause [i.e. clause (ab)] has been inserted which specifically puts a restriction on availing input credit of GST on repair and maintenance, insurance and servicing of cars or motor vehicles. The credit is available only when the vehicle is being used for any of the below three purposes.
(A) used for further supply of such motor vehicles; or
(B) used for transportation of passengers; or
(C) used or imparting training on driving such motor vehicles;