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NIL Rated Supply and ITC Reversal, Goods and Services Tax - GST

Issue Id: - 117572
Dated: 16-10-2021
By:- Kaustubh Karandikar
NIL Rated Supply and ITC Reversal

  • Contents

XYZ among other services, is also supplying the services of freight forwarding i.e., transportation of goods by Sea for export. As per the exemption notification, this service attracts ‘Nil’ GST and therefore XYZ are not paying GST on these amounts recovered from the Indian client. Is XYZ required to proportionately reverse the ITC for supplying these ‘Nil’ rated services? In my view yes they are required to reverse. Views of the experts please.

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Showing Replies 1 to 6 of 6 Records

1 Dated: 17-10-2021
By:- Shilpi Jain

Yes reversal would be required.

However, if he can convert himself as a pure agent then no reversal of ITC would be required.


2 Dated: 17-10-2021
By:- Shilpi Jain

I mean if he can act as a pure agent to the exent of the value of this exempt services, ITC reversal will not be required.


3 Dated: 17-10-2021
By:- Kaustubh Karandikar

Madam, XYZ is supplying the services under forward charge with mark up. Therefore, it is not a reimbursement of expenses at actuals and therefore cannot be fitted in to the definition of 'Pure Agent'. Therefore, in my view, proportionate ITC needs to be reversed. Your kind views please.


4 Dated: 19-10-2021
By:- RAMASWAMY Advocate

yes, the concept of "pure Agent" does not arise in this issue in my view.


5 Dated: 24-10-2021
By:- Shilpi Jain

Sir if the margin on freight can be added to the other services provided or if the margin can be disclosed separately then pure agent is possible to be satisfied.

But if it is not feasible to do (which is the fact in many cases) then reversal will be required.


6 Dated: 24-10-2021
By:- KASTURI SETHI

As per the query, (emphasis is on 'among other services' i.e. inter alia), the definition of 'pure agent' cannot be fitted in this scenario. It will be square peg in a round whole. The words, 'Ifs' and 'buts' stand for hypothetical situation.


1

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