• GST on leased cars - availed before GST

I have opted for leased car on Sep 2016, payed all taxes(Excise/sales) in time of registration, and VAT component monthly. Now if I want to foreclosure the Car Lease, I am asked to pay 50% on the outstanding principle. Is that as per GST Law? Doesn't this come under used car transfer? Can we apply GST 32(5) rule here, as this is case of transferring ownership? 

http://www.cbec.gov.in/resources//htdocs-cbec/gst/margin-scheme-in-GST-04Aug2017.pdf


Below illustrate my case

 Total value of vehicle : 15L (On Aug 2016)
 Leased amount : 15L (On Aug 2016)
 Monthly EMI : 32000 ( 28 K + 4K VAT)

If I foreclose today

 Outstanding Principle : 13L
 Foreclosure charges : 50000
 Penalty : 50000
 Outstanding Total : 14L 
 GST (50%) : 7L ( 28% GST + 22% CESS)

 Total Payable : 21L (on Sep 2017)

Is it case of dual taxation? Could you please help us resolving our concern as this is huge burden on salaried persons .

Note:
On Road price of same new vehicle today (including all taxes) : 14.8L 

Satheesh Kumar C
Asked 8 years ago in Taxation

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3 Answers

What is your query on cheque bouncing ?

If you have e issue cheque and it is dishonoured on presentation then drawee would issue you notice within period of 30 days of dishonour

3) if you fail to make payment within period of 15 days of receipt of notice offence is committed and complaint would be filed of dishonour of cheque against you

Ajay Sethi
Advocate, Mumbai
99670 Answers
8130 Consultations

Fill in the amount and Present the said cheque in the bank and if the same is dishonoured then file a case under 138 NI Act after serving of legal notice.

My team can handle your case in Bangalore, we can discuss the fee over the phone.

Let me know if I am factually incorrect.

Regards and Best of Luck

Anilesh Tewari
Advocate, New Delhi
18099 Answers
377 Consultations

1) if your friend has issued blank cheque you can fill in the amount of Rs 3 lakhs advanced by you

2) present the cheque for payment and on dishonour file complaint against him under section 138 Ni

3)i resume Rs 3 lakhs was advanced by you by cheque

4) legal fees vary depending upon lawyer engaged by you

5) if accused does not appear inspite of service of summons court can issue non bailable warrant against him

6) you can also file summary suit under Order XXXVII of CPC to recover the said amount

Ajay Sethi
Advocate, Mumbai
99670 Answers
8130 Consultations

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