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Dealings in second-hand cars are covered by the margin-based valuation mechanism in Rule 32(5) of the CGST Rules read with Notification No. 8/2018-Central Tax (Rate), but only where the prescribed conditions are strictly met, including no availed input tax credit and supply as such or after minor processing that does not change the goods' nature; negative margin is ignored. Motor vehicles principally designed for transport of persons were classified under Heading 8703, with assessable value determined on the margin basis, but the exact rate of tax was not ruled upon because essential factual particulars were not furnished. The Authority also refused to give general suggestions, treating that request as beyond advance ruling jurisdiction.
Dealings in second-hand cars are covered by the margin-based valuation mechanism in Rule 32(5) of the CGST Rules read with Notification No. 8/2018-Central Tax (Rate), but only where the prescribed conditions are strictly met, including no availed input tax credit and supply as such or after minor processing that does not change the goods' nature; negative margin is ignored. Motor vehicles principally designed for transport of persons were classified under Heading 8703, with assessable value determined on the margin basis, but the exact rate of tax was not ruled upon because essential factual particulars were not furnished. The Authority also refused to give general suggestions, treating that request as beyond advance ruling jurisdiction.
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