AARGST Article

Assessee can avail ITC only on tax paid on services for leasing/ renting/ hiring of motor vehicles for women’s safety

The AAR, Tamil Nadu in the case of M/s. CMA CGM Global Business Services (India) (P.) Ltd., ruled that an Assessee is eligible to avail input services in respect of leasing/ renting/ hiring of motor vehicles to provide transportation facility to ensure safety and security of women employees as per Tamil Nadu Shops and Establishments Act, 1947 subject to satisfying and fulfilling the eligibility and conditions provided under Section 16 of Central Goods and Services Tax Act, 2017 (“the CGST Act”). Further, ITC shall be available to the Assessee only on the tax paid on services or renting, leasing or hiring of motor vehicles for providing transport facilities to women employees alone who are arriving or leaving workplace between 8 pm to 6 pm. Lastly, ITC on the same shall be available to the Assessee from May 28, 2019 onwards only on satisfying and fulfilling the eligibility provided under Section 16 of the CGST Act.

Lawgics

Lawgics – Judgment No. 172

The impugned order was set aside which confirmed demand on the ground that the petitioner had availed ITC from “cancelled dealers, return defaulters & tax non-payers” without any findings that suppliers from whom the petitioner had availed supplies had not discharged their tax liability