GST – Started By: Dated:- 22-2-2019 Last Replied Date:- 23-2-2019 – Can some one help me on below query ? Recently through an amendment, Input Tax Credit is allowed on Motor Vehicles if the approved seating capacity is more than 13 persons ( Including Drivers ) , Input Tax Credit is admissible with out any restriction. The same is effective from 01-02-2019. In the case of following situations , If the Date of Rendering of Services falls before 01-02-2019 [ Effective Date of Amendment ], But the Invoices for the same has been received after 01-02-2019 [ Effective Date of Amendment ] – Can the recepient of the service claim the Input Tax Credit based on the amendment even though the service were rendered before the effective date of amendme
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prescribes that notwithstanding anything contained in sub-section (1) of section 16 and sub-section (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 Therefore motor vehicles for transportation of persons having approved seating capacity of not more than thirteen persons (including the driver), is used for further supply of such motor vehicles
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namely :- (a) the date of issue of invoice by the supplier, if the invoice is issued within the period prescribed under [* * *] section 31 or the date of receipt of payment, whichever is earlier; or (b) the date of provision of service, if the invoice is not issued within the period prescribed under [* * *] section 31 or the date of receipt of payment, whichever is earlier; or (c) the date on which the recipient shows the receipt of services in his books of account, in a case where the provisions of clause (a) or clause (b) do not apply : Therefore if the invoice is issued after effective date of the amendment then you are eligible to avail ITC. – Reply By DR.MARIAPPAN GOVINDARAJAN – The Reply = I endorse the views of S
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