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GST dated 22.11.2017 is issued to clarify on Inter-state movement of rigs, tools and spares, and all goods on wheels [like cranes].

Circular No.: 21/21/2017-GST
Date of Circular: 22nd November 2017
Relevant Sections and Rules:

  • Central GST Act, 2017:
    • Section 25(4): Distinct persons under single PAN across States
  • IGST Act, 2017: Provisions for inter-State movement
  • Related Circular:
    • Circular No. 1/1/2017-IGST dated 7.7.2017

Summary of Circular:

This circular provides clarification on inter-State movement of rigs, tools, spares, and movable goods like cranes, particularly between distinct persons under the same PAN but different GST registrations across States.

  1. Treatment of Inter-State Movement as Non-Supply:
    • Based on GST Council’s recommendation (10th Nov 2017), it is clarified that inter-State movement of:
      • Rigs, tools, spares, and
      • Goods on wheels (e.g., cranes),
        shall be treated as “neither a supply of goods nor a supply of services” under GST, provided such goods are not moved for further supply.
  2. Extension of Earlier Clarification:
    • The principle laid down in Circular 1/1/2017-IGST for conveyances (like vehicles) applies mutatis mutandis to rigs and similar movable goods.
  3. GST on Repairs and Maintenance:
    • Although the inter-State movement is exempt, repairs and maintenance services on such goods are taxable under the appropriate GST (CGST/SGST/IGST), based on place of supply.

Source: Circular No.: 21/21/2017-GST

 

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