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GOVERNMENT OF INDIA
MINISTRY OF FINANCE
(Department of Revenue)
Notification No. 8/2018 -Central Tax (Rate)
New Delhi, the 25th January, 2018
G.S.R. (E).- In exercise of the powers conferred by sub-section (1) of
section 11 of the Central Goods and Services Tax Act, 2017 (12 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 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 are given in corresponding entry in
column (2), from so much tax as specified in Schedule IV of Notification No.
1/2017 -Central 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, Subheading or Tariff item |
Description of Goods |
Rate |
| (1) |
(2) |
(3) |
(4) |
| 1 |
8703 |
Old 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. |
9% |
| 2 |
8703 |
Old 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. |
9% |
| 3 |
8703 |
Old 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. |
9% |
| 4 |
87 |
All Old and used Vehicles other than those mentioned from S. No. 1
to S.No.3 |
6% |
Explanation – For the purposes of this notification, -
(i) 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
(ii) 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
[F.No.354/1/2018-TRU]
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