Sai Service Private Limited Vs Union of India
Date: October 23, 2024
Court: High Court
Bench: Bombay
Type: Writ Petition
Subject Matter
Automobile dealers are entitled to claim ITC on demo vehicles
Summary
The Bombay High Court addressed a case filed by Sai Service Private Limited against the Union of India regarding the entitlement to claim Input Tax Credit (ITC) on demo vehicles used by automobile dealerships. Sai Service Private Limited had been denied ITC, prompting the legal challenge centered on whether these vehicles, used for customer demonstrations, qualified as capital goods eligible for ITC under GST. The situation changed when the Central Board of Indirect Taxes and Customs (CBIC) issued a circular on September 10, 2024, clarifying that businesses like automobile dealers are indeed entitled to claim ITC on demo vehicles. This policy clarification rendered the ongoing litigation redundant, leading the Bombay High Court to acknowledge the circular's authority and conclude that there was no need for further adjudication. The court noted that circulars from tax authorities hold binding authority and that previous judicial precedents supported the idea that such clarifications should resolve tax disputes decisively. The ruling emphasized that official clarifications should prevent unnecessary litigation and ensure consistency in tax administration. Consequently, Sai Service Private Limited and other automobile dealers are now empowered to claim ITC on demo vehicles as per the CBIC circular, fostering clarity in the tax landscape. As such, the petition was disposed of, confirming the entitlement to ITC under the newly released guidelines.
FULL TEXT OF THE JUDGMENT/ORDER OF BOMBAY HIGH COURT
Post the impugned order, the Central Board of Indirect Taxes and Customs GST Policy Wing, Department of Revenue, Ministry of Finance, Government of India, has issued a circular dated 10.09.2024 on the subject of clarification on availability of input tax credit in respect of demo vehicles. This circular dated 10.09.2024, therefore, will prevail over the impugned order. There is no dispute that the petitioner would be entitled for benefit of the input tax credit on demo vehicles in terms of the said circular dated 10.09.2024.
2. In this view of the matter, nothing remains for consideration in the present petition. The petition, therefore, stands disposed of.