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GST Council’s 56th Meeting: Major GST Rate Changes (3rd September 2025)

GST Council’s 56th Meeting: Major GST Rate Changes (3rd September 2025) GST Council’s 56th Meeting: Major GST Rate Changes (3rd September 2025) The 56th GST Council...
HomeIndirect taxGST on Sale of Used Cars by Companies (Registered Entities)

GST on Sale of Used Cars by Companies (Registered Entities)

🚘 GST Applicability on Sale of Used Cars

When a company sells its used car, GST treatment depends on whether Input Tax Credit (ITC) was claimed at the time of purchase.

If ITC was claimed → Full GST @ 28% + cess on sale value.

If ITC was not claimed → Margin Scheme benefit available with concessional GST rates.

 

📖 Legal Provisions

Section 7, CGST Act – Sale of motor vehicle is a supply.

Section 17(5), CGST Act – ITC on cars blocked (unless used for transport/training/sale).

Section 15, CGST Act – Valuation of supply.

Notification 1/2017-CT(R) – Regular GST rates (28% + cess).

Notification 8/2018-CT(R) – Concessional GST rates & Margin Scheme for old cars (when ITC not availed).

Notification 1/2017-CT(R) – Regular GST rates (28% + cess).

Notification 8/2018-CT(R) – Concessional GST rates & Margin Scheme for old cars (when ITC not availed).

Two Scenarios Explained

1. ITC Availed on Purchase

Sale is taxable at 28% + applicable cess.

Margin Scheme not available.

2. ITC Not Availed (Most Common Case)

Concessional GST under Notification 8/2018-CT(R).

Margin Scheme applicable.

GST Rates (from 25.01.2018)

12% GST → Small cars (engine ≤1500cc, length ≤4000mm)

18% GST → Other cars / SUVs (engine >1500cc or SUV definition)

Valuation (Margin Scheme)

GST on: Sale Price – WDV (as per Income Tax Act)

If margin is negative → No GST payable

Example Calculation

Car purchased in 2020 for ₹10,00,000 (no ITC claimed)

WDV (as on Aug 2025) = ₹2,00,000

Sale Price = ₹3,00,000

👉 Margin = ₹1,00,000 (3,00,000 – 2,00,000)
👉 GST @ 18% = ₹18,000

If sold at ₹1,50,000 → Margin = –₹50,000 → No GST payable

Frequently Asked Questions

Q1. Is GST applicable on sale of used cars by companies?
Yes. GST is applicable if the seller is a registered entity.

Q2. What if ITC was not claimed?
Concessional GST rates (12% / 18%) under the Margin Scheme apply.

Q3. What if the margin is negative?
No GST is payable when sale price < WDV.

Q4. Do individuals selling personal cars pay GST?
No. GST applies only to sales by registered persons in course of business.

⚠️ Disclaimer

This article is for informational purposes only and should not be treated as professional tax or legal advice. Please consult a qualified tax professional for guidance specific to your business.