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Notification No. 09/2018 – Integrated Tax (Rate) Explained

by Shakshi Bharti | Apr 9, 2024 | GST, 2018 Notifications, Integrated Tax (Rate) 2018 Notifications, Notifications | 0 comments

Important Keyword: Notification 09/2018 IGST, used car GST margin scheme, IGST on old vehicles India, SUV GST rate 2018, amendment to 1/2017 IGST, GST on second hand vehicles, margin taxation GST 2018,

Words: 817 Read time: 4 minutes.

[F.No.354/1/2018-TRU]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(Department of Revenue)

New Delhi, the 25th January, 2018

Notification No. 09/2018 – Integrated Tax (Rate): seeks to amend Notification No.1/2017-IGST (Rate)

GST: [TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY PART II, SECTION 3, SUB-SECTION (i)]

G.S.R.     (E).- In exercise of the powers conferred by sub-section (1) of section 5 of   the Integrated Goods and Services Tax Act, 2017 (13 of 2017), the Central Government, on being satisfied that it is necessary in the public interest so to do, on the recommendations of the Council,

Hereby exempts the central tax on inter-state supplies of goods, the description of which is specified in column (3) of the Table below, falling under the tariff item, sub-heading, heading or Chapter as specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), as are given in corresponding entry in column (2), from so much tax as specified in Schedule IV of Notification No. 1/2017 - Integrated Tax (Rate), as is in excess of the amount calculated at the rate specified in the corresponding entry in column (4), of the said Table, on the value that represent margin of the supplier, on supply of such goods.

Table

S. No.Chapter, Heading, Sub- heading or Tariff item  Description of GoodsRate
(1)(2)(3)(4)
1.8703Old and used, petrol Liquefied petroleum gases (LPG) or compressed natural gas (CNG) driven motor vehicles of engine capacity of 1200 cc or more and of length of 4000 mm or more. Explanation. - For the purposes of this entry, the specification of the motor vehicle shall be determined as per the Motor Vehicles Act, 1988 (59 of 1988) and the rules made there under.18%
2.8703Old and used, diesel driven motor vehicles of engine capacity of 1500 cc or more and of length of 4000 mm Explanation. - For the purposes of this entry, the specification of the motor vehicle shall be determined as per the Motor Vehicles Act, 1988 (59 of 1988) and the rules made there under.18%
38703Old and used motor vehicles of engine capacity exceeding 1500 cc, popularly known as Sports Utility Vehicles (SUVs) including utility vehicles. Explanation. - For the purposes of this entry, SUV includes a motor vehicle of length exceeding 4000 mm and having ground clearance of 170 mm. and above.18%
4.87All Old and used Vehicles other than those mentioned from S. No. 1 to S. No.312%

Explanation –For the purposes of this notification, -

  • in case of a registered person who has claimed depreciation under section 32 of the Income-Tax Act,1961(43 of 1961) on the said goods, the value that represents the margin of the supplier shall be the difference between the consideration received for supply of such goods and the depreciated value of such goods on the date of supply, and where the margin of such supply is negative, it shall be ignored; and
  • in any other case, the value that represents the margin of supplier shall be, the difference between the selling price and the purchase price and where such margin is negative, it shall be ignored.

2.      This notification shall not apply, if the supplier of such goods has availed input tax credit as defined in clause (63) of section 2 of the Central Goods and Services Tax Act, 2017, CENVAT as defined in CENVAT Credit Rules, 2004 or the input tax credit of Value Added Tax or any other taxes paid, on such goods.

(Ruchi Bisht)
Under Secretary to the
Government of India


📚 Frequently Asked Questions (FAQs): Notification No. 09/2018 – Integrated Tax (Rate)

Q1: What is Notification No. 09/2018 – Integrated Tax (Rate)?

Answer:
It amends Notification 1/2017 to tax old and used vehicles on margin at reduced IGST rates. 09

Q2: Is IGST payable on full selling price?

Answer:
No, only on margin value.

Q3: What is IGST rate on used SUVs?

Answer:
18% on margin. 09

Q4: What is rate on other used vehicles?

Answer:
12% on margin. 09

Q5: What if margin is negative?

Answer:
Negative margin ignored. No tax payable. 09

Q6: Can ITC be claimed if using margin scheme?

Answer:
No. If ITC claimed, benefit not available.

Q7: Does this apply to inter-State sales?

Answer:
Yes, IGST applies on inter-State supply.

Q8: How to determine SUV classification?

Answer:
Length > 4000mm & ground clearance ≥170mm. 09

Q9: What if company claimed depreciation?

Answer:
Margin = Selling price – Depreciated value. 09

Q10: Does this apply to two-wheelers?

Answer:
If not covered in S. No. 1–3, falls under 12%.

Q11: Is GST registration mandatory for dealers?

Answer:
Yes, if turnover exceeds threshold.
👉 https://finodha.in/online-gst-registration/

Q12: Should margin be shown separately in invoice?

Answer:
Invoice must reflect taxable value as margin.

Q13: Does this apply to auction sales?

Answer:
If conditions satisfied and no ITC claimed, yes.

Q14: Can refund be claimed if full GST paid earlier?

Answer:
Refund may be examined subject to limitation and conditions.

Q15: Where can I get GST expert help?

Answer:
Consult Finodha GST Experts:
https://finodha.in/gst-compliance/

🏁 Conclusion

Notification No. 09/2018 – Integrated Tax (Rate) introduced a major relief for used vehicle dealers by implementing the margin scheme and reducing IGST burden.


Download PDF: Notification No. 09/2018 – Integrated Tax (Rate)


More Information: https://taxinformation.cbic.gov.in/

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