Clarification on ITC and GST for Warranty Replacement and Repair Services – Circular No. 195/07/2023-GST
<p>Circular No. 195/07/2023-GST clarifies the application of Input Tax Credit (ITC) and Goods and Services Tax (GST) in cases where original equipment manufacturers (OEMs) or distributors provide replacement parts and repair services during the warranty period. The clarification aims to resolve confusion over GST liability in warranty-related services and ensures uniformity across field formations.</p><p><strong>Key Highlights:</strong></p><ul><li><strong>No Additional GST on Warranty Replacement Services</strong>: If the replacement parts or repair services are provided under warranty without any additional consideration from the customer, no further GST is required. This is because the original sale price includes the expected costs for warranty replacements, and tax on these costs was already paid at the time of the initial sale.</li><li><strong>ITC Reversal Not Required for Warranty Services</strong>: The circular clarifies that no ITC reversal is necessary for the goods or services provided under warranty since the cost of warranty replacements was already accounted for in the original sale. Manufacturers are not required to reverse the ITC for parts replaced or repairs made during the warranty period.</li><li><strong>Distributor’s Role in Warranty Services</strong>: When a distributor acts on behalf of the manufacturer to provide warranty services, including repairs or replacements, and no consideration is charged to the customer, no GST will be payable. However, if the distributor charges the manufacturer for the services or parts, GST will be applicable.</li><li><strong>Extended Warranty and GST</strong>: GST liability for extended warranties depends on when the warranty agreement is entered. If the warranty is part of the original supply, GST will be part of the composite supply, whereas if it is sold separately after the original sale, it is treated as a distinct supply, and GST is payable accordingly.</li><li><strong>Distributors’ Taxation on Charges</strong>: If the distributor charges the manufacturer for warranty parts or repair services, GST is applicable on these charges, and the manufacturer can claim the ITC for such services.</li></ul><p>This circular simplifies the compliance process for manufacturers and distributors by clarifying how ITC applies to warranty-related services and when GST should be levied on these services.</p><p><a href="https://cms.plasament.com/storage/chirag-singla/circular-cgst-195.pdf">circular-cgst-195</a><br> </p>