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2018 (6) TMI 431 - AAR - GSTLevy of IGST - Reverse charge mechanism - ocean freight in case of CIF basis contract - Credit of GST on various assets - Whether under Reverse Charge Mechanism, IGST should be paid by the importer on ocean freight in case of CIF basis contract, when service provider and service recipient both are outside the territory of India? - Held that:- Vide N/N. 8/2017- Integrated Tax (Rate) dated 28.6.2017 and N/N. 10/2017- Integrated Tax' (Rate) dated 28.6.2017 an importer is required to pay IGST on the ocean freight. Therefore as on date, even if the importer has already paid IGST on CIF value imported goods, he is still required to pay IGST on ocean fright. What will be the supporting document for importer under RCM to take the credit of IGST paid on ocean freight under CIF basis contract? - Held that:- Credit of IGST paid can be taken on the basis of invoice/challan issued. Whether credit will be available in GST of office fixtures & furniture, A.C. plant & sanitary fittings on newly constructed building on its own account for furtherance of business and accounting entry is capitalized in books of account? - Held that:- As per explanation to the Section 17 of CGST Act, 2017 credit is not available in respect of land, building or any other civil structure - Cenvat Credit of GST paid in relation with building or any other civil structure is not available and since sanitary fittings are integral part of building or any other civil structure, cenvat credit of GST paid on such sanitary fittings is not available - However, credit of GST is available on office fixtures 85 furniture, A.C. plant.
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