Business deductions and transfer pricing issues: tribunal treatment of software write-offs, donation receipts, warranty provisions, and related expens...
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Notification No. 08/2018-Central Tax (Rate) bars ITC only on the specified old and used motor vehicles listed; its phrase 'such goods' confines the prohibition to those vehicles and does not extend to other inputs or input services. Consequently, registered persons selling under the notification's margin scheme may claim ITC on admissible input services and capital goods (for example, refurbishment, repair, marketing, professional fees, rent, office expenses, software subscriptions, staffing, administrative overheads, laptops, equipment, furniture) provided the conditions and eligibility requirements under the CGST provisions and Rules are met. The margin-scheme restriction therefore does not ipso facto deny ITC on other business inputs.
Notification No. 08/2018-Central Tax (Rate) bars ITC only on the specified old and used motor vehicles listed; its phrase 'such goods' confines the prohibition to those vehicles and does not extend to other inputs or input services. Consequently, registered persons selling under the notification's margin scheme may claim ITC on admissible input services and capital goods (for example, refurbishment, repair, marketing, professional fees, rent, office expenses, software subscriptions, staffing, administrative overheads, laptops, equipment, furniture) provided the conditions and eligibility requirements under the CGST provisions and Rules are met. The margin-scheme restriction therefore does not ipso facto deny ITC on other business inputs.
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