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AI Drafter

Generate professional replies to Show Cause Notices, assessment orders, audit objections, and other legal communications using TaxTMI's AI Drafter.

Step 1 – Issue Identification & Review

The AI analyses your query, notice, order, or uploaded documents and identifies the key issues involved.

• Review the issues identified by the AI
• Add, edit, remove, or refine issues as required


Step 2 – Draft Generation

Once you approve the issues, the AI performs issue-wise legal research and prepares a structured draft response.

• Relevant statutory provisions
• Judicial precedents and Supreme Court, High Court and other citations
• Issue-wise legal analysis
• Practical arguments and supporting content
• Professionally structured draft ready for further review.

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GST ON SALE OF OLD TWO WHEELER

KAMAL SETHI

Please provide guidance on the Goods and Services Tax (GST) implications for the sale of an old two-wheeler(Bike) used in business, which is shown as a fixed asset.

  1. The two-wheeler in question was second hand purchased from unregistered person in july 2018& depreciation was claimed .
  2. No Gst was paid & claimed as input during the acquisition of the vehicle
GST liability arises on sale of business-used two-wheeler; tax payable on sale value irrespective of input tax credit. GST liability arises on the sale of a business-used two-wheeler treated as a fixed asset by a registered person; the transfer is a taxable supply and tax must be collected and discharged on the sale consideration at the applicable rate, irrespective of whether GST was paid at acquisition or input tax credit was claimed. (AI Summary)
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KALLESHAMURTHY MURTHY K.N. on Jan 11, 2024

Dear Sir,

The captioned vehicle has been taken into account as a fixed asset. When it is resold, the transaction falls u/s 7(1) of the CGST Act. So the tax is required to be collected and discharged irrespective of whether ITC was availed or not.

Shilpi Jain on Jan 20, 2024

GST would be liable on sale assuming you are a registered person. This would be liable on the sale value at applicable rate.

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