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    <title>2019 (6) TMI 487 - AUTHORITY FOR ADVANCE RULING, WEST BENGAL</title>
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    <description>Input tax credit on motor vehicles used for a rent-a-cab business was held inadmissible because the supply was characterised as renting of a motor vehicle, not passenger transportation. The service was examined by its commercial character and GST classification: passenger transportation under SAC 9964 is taxed by distance travelled, whereas renting or hiring under SAC 9966 gives the recipient the right to use the vehicle for a specified period against rental consideration. On the invoices and contract structure, the service was time-based, with distance used only as a fuel-cost factor beyond a threshold, so the restriction in section 17(5)(b)(i) applied and credit on motor vehicles and related inputs was not available.</description>
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      <description>Input tax credit on motor vehicles used for a rent-a-cab business was held inadmissible because the supply was characterised as renting of a motor vehicle, not passenger transportation. The service was examined by its commercial character and GST classification: passenger transportation under SAC 9964 is taxed by distance travelled, whereas renting or hiring under SAC 9966 gives the recipient the right to use the vehicle for a specified period against rental consideration. On the invoices and contract structure, the service was time-based, with distance used only as a fuel-cost factor beyond a threshold, so the restriction in section 17(5)(b)(i) applied and credit on motor vehicles and related inputs was not available.</description>
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