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Notification No. 37/2017 – Central Tax (Rate) Explained

by Shakshi Bharti | Apr 26, 2024 | GST, 2017 Notifications, Central Tax (Rate) 2017 Notifications, Notifications | 0 comments

Important Keyword: GST leasing motor vehicles, GST rate vehicle leasing India, notification 37/2017 explanation, GST leasing rate 65 percent, pre GST vehicle taxation,

Words: 912 Read time: 5 minutes.

[F. No. 354/117/2017- TRU (Pt. III)]
GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(Department of Revenue)

New Delhi, the 13th October, 2017

Notification No. 37/2017 - Central Tax (Rate): Seeks to prescribe Central Tax rate on the leasing of motor vehicles.

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 9 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council,

hereby notifies the central tax on intra-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 the case may be, as specified in the corresponding entry in column (2), of the Table below, at the rate specified in corresponding entry in column (4) and subject to relevant conditions annexed to this notification, if any, specified in the corresponding entry in column (5) of the Table aforesaid:

TABLE

Sl. No.Chapter, Heading, Sub- heading or Tariff item  Description of GoodsRateCondition No.
(1)(2)(3)(4)(5)
1.87Motor Vehicles65% of central tax applicable otherwise on such goods under Notification No. 1/2017- Central Tax (Rate) dated, 28th June, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub Section (i), vide G. S. R. 673 (E) dated the 28th June, 2017.1
2.87Motor Vehicles65% of central tax applicable otherwise on such goods under Notification No. 1/2017- Central Tax (Rate) dated, 28th June, 2017 published in the Gazette of India, Extraordinary, Part II, Section 3, Sub Section (i), vide G. S. R. 673 (E) dated the 28th June, 2017.2

2.         Provided that nothing contained in this notification shall apply on or after1st July, 2020.

Explanation –For the purposes of this notification, -

  • “Tariff item”, “sub- heading” “heading” and “Chapter” shall mean respectively a tariff item, heading, sub- heading and Chapter as specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975).
  • The rules for the interpretation of the First Schedule to the said Customs Tariff Act, 1975, including the Section and Chapter Notes and the General Explanatory Notes of the First Schedule shall, so far as may be, apply to the interpretation of this notification.

ANNEXURE

Condition No.Condition
1.The Motor Vehicles was purchased by the lesser prior to 1st July, 2017 and supplied on lease before 1st July, 2017
2.The supplier of Motor Vehicle is a registered person.Such supplier had purchased the Motor Vehicle prior to 1st July, 2017 and has not availed input tax credit of central excise duty, Value Added Tax or any other taxes paid on such vehicles

(Ruchi Bisht)
Under Secretary to
Government of India


📚 Frequently Asked Questions (FAQs): Notification No. 37/2017 – Central Tax (Rate)

Q1: What is Notification 37/2017 in GST?

Answer:
It prescribes a reduced GST rate (65% of normal rate) on leasing of motor vehicles purchased before GST.
This was introduced to avoid double taxation and support leasing businesses during transition.

Q2: What is the GST rate under this notification?

Answer:
65% of the applicable GST rate.
For example, if normal GST is 18%, effective GST becomes 11.7%.

Q3: Does this apply to all vehicles?

Answer:
No.
It applies only to vehicles purchased before 1 July 2017.

Q4: Can ITC be claimed along with this benefit?

Answer:
No.
If ITC is claimed, this benefit cannot be used.

Q5: Is this notification still applicable today?

Answer:
No.
It expired on 1 July 2020.

Q6: Who can use this benefit?

Answer:
Registered suppliers leasing motor vehicles purchased before GST.

Q7: Why was this relief given?

Answer:
To avoid double taxation on vehicles already taxed under old regime.

Q8: What happens after expiry?

Answer:
Normal GST rates apply on leasing.

Q9: Does this apply to sale of vehicles?

Answer:
No.
It applies only to leasing, not sale.

Q10: Is this a full exemption?

Answer:
No.
It is a partial rate reduction.

Q11: What is leasing under GST?

Answer:
Leasing is treated as a supply of service where the right to use goods is given for consideration.

Q12: Should businesses review old transactions?

Answer:
Yes.
Incorrect application can lead to tax notices during audits.


Download PDF: Notification No. 37/2017 – Central Tax (Rate)


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

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