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RCM on Ocean Freight for transport of Agri Produce, Goods and Services Tax - GST

Issue Id: - 115008
Dated: 25-5-2019
By:- Balakrishnan Ramalingam
RCM on Ocean Freight for transport of Agri Produce

  • Contents

Friends,

My clients regulary import agri produce from foreign countries by vessels.

Is there any exemption available, wrt to levy of RCM on ocean freight?

Regards

R.Balakrishnan FCA

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Posts / Replies

Showing Replies 1 to 12 of 12 Records

1 Dated: 25-5-2019
By:- SHARAD ANADA

Gujarat High court has granted stay on RCM on ocean freight

2019 (5) TMI 1212 - GUJARAT HIGH COURT GHANSHYAMLAL AND COMPANY THROUGH PROPRIETOR GHANSHYAMLAL BADRILAL SOMANI VERSUS UNION OF INDIA


2 Dated: 25-5-2019
By:- Balakrishnan Ramalingam

Thank you,

But I understand that the two stays are only to the applicants exclusive.

Hence ignoring the stays I would like to know the legal status


3 Dated: 25-5-2019
By:- KASTURI SETHI

No exemption is available on the ground of agricultural produce. The purpose of exemption for agricultural produce is to give benefit to the farmer who is cultivator.For the purpose of import ocean freight is taxable @ 5% under RCM. Notification No.13/2017-CT(Rate) dated 28.6.17 and Notification No.8/2017-IGST (Rate) dated 28.6.17. There is double taxation. IGST @ 5% is on import of service under RCM and also IGST as part of Customs duty. Double payment of tax has been upheld by

2018 (14) G.S.T.L. 306 (A.A.R. - GST) = 2018 (6) TMI 431 - AUTHORITY FOR ADVANCE RULINGS, UTTARAKHAND IN RE : BAHL PAPER MILLS LTD.


4 Dated: 26-5-2019
By:- SANJAY SINGLA

Whether it is CIF or FOB.


5 Dated: 27-5-2019
By:- KASTURI SETHI

It must be CIF.


6 Dated: 27-5-2019
By:- Balakrishnan Ramalingam

It is immaterial whether it is cif or fob. Since in both cases RCM is levied.


7 Dated: 27-5-2019
By:- YAGAY andSUN

However, you may file writ petition to seek specific relief in such matters.


8 Dated: 27-5-2019
By:- Anil Seth

pl clarify under which clause of Notification 13/2017 dated 28.6.17 ocean freight paid is taxable under RCM.


9 Dated: 28-5-2019
By:- Anil Seth

what is the status of Mohit Minerals P. Ltd vs UOI = 2018 (2) TMI 770 - GUJARAT HIGH COURT case on ocean freight under RCM. Pl update.


10 Dated: 28-5-2019
By:- Balakrishnan Ramalingam

S. No. 10 of noti. 10/2017


11 Dated: 28-5-2019
By:- Balakrishnan Ramalingam

I read somewhere coming for hearing in June along an another similar case


12 Dated: 28-5-2019
By:- SANJAY SINGLA

Dear Sir,

There is some issue in this notification.

1. Liability of RCM is recipientas per Sec 5(3). Importer is not recipient in this case as per Sec 2 (93) of CGST Act, as he is not making any payment for ocean freight.

2. Recipient has to make invoice as per GST per RCM supply. for this no time of supply is mention in such a situtation in Sec 12(3) of the Act.

3. Place of Supply: for every supply, Place of supply has to be determined as per Sec 10, 11, 12 or 13. But no section is prescribed where supplier and Recipient both are outside India.


1

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