AI Drafter 
TaxTMI 
TaxTMI 
2026 (2) TMI 716
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.... 4. Advance Ruling obtained by the applicant by fraud or suppression of material facts or misrepresentation of facts, shall render such ruling to be void ab initio in accordance with Section 104 of the Act. 5. The provisions of both the Central Goods and Services Tax Act and the Tamil Nadu Goods and Services Tax Act (herein referred to as the Act) are the same except for certain provisions. Therefore, unless a mention is specifically made to such dissimilar provisions, a reference to the Central Goods and Services Tax Act would also mean a reference to the same provisions under the Tamil Nadu Goods and Services Tax Act. M/s. Paranthaman Engineering Works, New No. 145, Old No. 37/2, Sankari Road, Tiruchengode, Namakkal - 637211 (hereinafter called as the "Applicant") are registered under the GST Act with GSTIN 33ABCPT7673H1ZC. The applicant is a proprietary concern. The proprietor, Sh. T.P. Thangaraj, had purchased one new car for his own use. The applicant had capitalised the car in their business account and also, they had not claimed ITC on this purchase. Further, they had not claimed depreciation on the car for the financial year 2025-26 as the car was purchased in April 2....
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....reiterated the submissions made in their application for advance ruling. 5.2 The AR informed that they had purchased one new car for the personal use of the proprietor of M/s. Paranthaman Engineering Works, i.e., the applicant. The car has been capitalized in the business accounts of the applicant. Further, the AR also informed that they had purchased the car only during April 2025, so they had not claimed depreciation. The AR also informed that they had not claimed ITC on the purchase of the car. 5.3 The AR invited the Members' attention to explanations for the purpose of Notification No. 8/2018-Central Tax (Rate) dated 25.01.2018 and requested clarifications regarding the sale value of used cars on which GST is to be paid. The Members informed that the Notification quoted by the AR is not applicable to them. The AR accepted the Members' view and requested to pass appropriate ruling. 6) Discussions and Findings: 6.1 We have considered the submissions made by the applicant in their application, copies of the relevant documents furnished by them, the submissions made during the personal hearing. We find that the applicant is a proprietary concern. The proprietor, Sh. T. ....
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....ies but includes actionable claim, growing crops, grass and things attached to or forming part of the land which are agreed to be severed before supply or under a contract of supply; Also, as per Section 2(17) of the ibid Act, (17) "business" includes - (a) any trade, commerce, manufacture, profession, vocation, adventure, wager or any other similar activity, whether or not it is for a pecuniary benefit; (b) any activity or transaction in connection with or incidental or ancillary to sub-clause (a); (c) any activity or transaction in the nature of sub-clause (a), whether or not there is volume, frequency, continuity or regularity of such transaction; (d) supply or acquisition of goods including capital goods and services in connection with commencement or closure of business; (e) provision by a club, association, society, or any such body (for a subscription or any other consideration) of the facilities or benefits to its members; (f) admission, for a consideration, of persons to any premises; (g) services supplied by a person as the holder of an office which has been accepted by him in the course or further....
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....on on which such GST is payable. Section 15 of the CGST Act, 2017, reads as - "Section 15. Value of Taxable Supply.- (1) The value of a supply of goods or services or both shall be the transaction value, which is the price actually paid or payable for the said supply of goods or services or both where the supplier and the recipient of the supply are not related and the price is the sole consideration for the supply. (2) The value of supply shall include- (a) any taxes, duties, cesses, fees and charges levied under any law for the time being in force other than this Act, the State Goods and Services Tax Act, the Union Territory Goods and Services Tax Act and the Goods and Services Tax (Compensation to States) Act, if charged separately by the supplier; (b) any amount that the supplier is liable to pay in relation to such supply but which has been incurred by the recipient of the supply and not included in the price actually paid or payable for the goods or services or both; (c) incidental expenses, including commission and packing, charged by the supplier to the recipient of a supply and any amount charged for anything done by th....
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....te of tax is 9% on the sale of old and used vehicles, on the value that represent the margin of the supplier on supply of such goods. Also, as per the explanation to the said Notification, 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 ....