CBEC Clarification on Taxability of Inter-state movement of rigs, tools and spares, and all goods on wheels [like cranes] under IGST
CBEC has clarified that Inter-state movement of rigs, tools and spares, and all goods on wheels [like cranes] shall not be treated as supply of goods/ service (except in cases where movement of such goods is for further supply of the same goods) and therefore would not attract IGST, in line with recommendations of the GST Council, as under:
1. The issue of IGST exemption on inter-state movement of various modes of conveyance, between distinct persons as specified in section 25(4) of the Central Goods and Services Tax Act, 2017, carrying goods or passengers or both; or for repairs and maintenance, [except in cases where such movement is for further supply of the same conveyance] was examined and a circular 1/1/2017-IGST dated 7.7.2017, was issued clarifying that such interstate movement shall be treated “neither as a supply of goods nor supply of service” and therefore would not be leviable to IGST.
2. The issue pertaining to inter-state movement of rigs, tools and spares, and all goods on wheels [like cranes] was discussed in GST Council’s meeting held on 10th November, 2017 and the Council recommended that the circular 1/1/2017-IGST shall mutatis mutandis apply to inter-state movement of such goods, and except in cases where movement of such goods is for further supply of the same goods, such inter-state movement shall be treated ‘neither as a supply of goods or supply of service,’ and consequently no IGST would be applicable on such movements.
3. In this context, it is also reiterated that applicable CGST/ SGST/ IGST, as the case maybe, is leviable on repairs and maintenance done for such goods.