M/s YZ manufacturing unit purchased 2 trucks
costing Rs 15 lacs each and paid GST at the rate of 12% on their value. Company
used these trucks for transportation of their own manufactured goods or
purchased raw material with in the factory or outside the factory. But
organization is not in the business of transporting goods.
Whether M/s YZ is eligible to take ITC on purchase of Trucks?
As per section 17(5) of CGST Act regarding restriction of credit is reproduced below:
input tax credit shall not be available in respect of the following, namely:'
(a) motor vehicles and other conveyances except when they are used''
(i) for making the following taxable supplies, namely:'
(A) further supply of such vehicles or conveyances ; or
(B) transportation of passengers; or
(C) imparting training on driving, flying, navigating such vehicles or conveyances;
(ii) for transportation of goods;
In view of above section as M/s YZ is using trucks for transportation of goods so ITC is not restricted and it is eligible to take ITC of GST paid on trucks.