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28% GST on E-rickshaw Tyres: A Serious Issue for Poor Man

GST Rate on E-rickshaw Tyres-india

Rejecting the application filed by CEAT, a leading tyre manufacturer in India, for reducing the GST rate on e-rickshaw tyres to 5%, the Maharashtra Authority for Advance Ruling (AAR) said that tyres used in e-rickshaws will continue to attract the top GST rate of 28%.

The applicant, CEAT, made the argument that the tyres of all other ‘three-wheeled powered cycle rickshaw‘ are under the 5% slab according to the GST tariff schedule, which doesn’t have a specific mention of the rates for e-rickshaw tyres, so the 5% rate should be meant for tyres of all ‘three-wheeled powered cycle rickshaw’ vehicles. The reason why CEAT had to file the appeal is that they have been charging 5% tax on tyres and tubes of all three-wheeler rickshaws, including e-rickshaw, as mentioned in the tariff schedule.

Since there was no clear communication about the GST rate on e-rickshaw tyres, operators have been enjoying a 5% GST until now. It is stated by some of the resources that the 28% GST is applicable due to the miscellaneous tax bracket of 5% on pedal rickshaws and 28% percent on non-pedal rickshaws.

The ruling would increase the cost for e-rickshaw operators, who now have to pay 28% GST with no way to utilise the ITC of the tax paid on tyres.

“Taxing e-rickshaw tyres at 28% against a rate of 5% which is notified for manual rickshaw tyres seems to be a little harsh and goes against the public policy. E-rickshaw pullers operate below the threshold limit for GST registration and thereby they would not be able to claim any input tax credit resulting into an additional tax of 23%, hitting their earnings directly,” said Rajat Mohan, partner, AMRG & Associates.

CIAT, in its application, argued that GST rate should be the same on like items. Since all types of ‘three-wheeled powered cycle rickshaw’ fall into the same category, the tax rate should also be the same at all. “Extending the same principle to e-rickshaws, it is submitted, that e-rickshaws should be treated as similar to ‘three-wheeled powered cycle rickshaws’ in law and clubbed with the same for the purpose of taxation under GST,” the application said.

The authority rejected the argument saying that e-rickshaws are fundamentally different from powered rickshaws. Whereas e-rickshaws can only be powered by an electric motor, a powered rickshaw can also be driven manually, if need be. Also, the size of tubes and tyres used in e-rickshaws is similar to that used in motorcycles and scooters.

Another difference, as mentioned by the authority, is that e-rickshaws are defined by ‘Motor Vehicle Act’ as a motor vehicle and require a registration with local transport authority, unlike powered rickshaws, which do not need a registration to operate.

Read Also: Step By Step Guide: GST Registration Online on Government GST Portal

“The product is classified and covered by Tariff Heading 4011 and the rate of tax shall be at the rate of 14% under MGST Act, 2017 and 14% under CGST Act, 2017,” the ruling said.

Disclaimer:- "All the information given is from credible and authentic resources and has been published after moderation. Any change in detail or information other than fact must be considered a human error. The blog we write is to provide updated information. You can raise any query on matters related to blog content. Also, note that we don’t provide any type of consultancy so we are sorry for being unable to reply to consultancy queries. Also, we do mention that our replies are solely on a practical basis and we advise you to cross verify with professional authorities for a fact check."

Published by Atul Mittal
Atul is a professional content writer with specialisation in business and marketing content. I have been writing tax articles and news for about two years now and have good experience in GST and income tax domains. View more posts
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1 thought on "28% GST on E-rickshaw Tyres: A Serious Issue for Poor Man"

  1. It’s very strange one side GST council has reduced GST on batteries of e- rickshaw on other they have increased GST on e-rickshaw.

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