TMI BlogRCM on Ocean Freight for transport of Agri ProduceX X X X Extracts X X X X X X X X Extracts X X X X ..... 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 - Reply By SHARAD ANADA - The Reply = 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 SOMA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... NI VERSUS UNION OF INDIA - Reply By Balakrishnan Ramalingam - The Reply = 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 - Reply By KASTURI SETHI - The Reply = No exemption is available on the ground of agricultural produce. The purpose of exemption for agricultural produce is to giv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . - GST) = 2018 (6) TMI 431 - AUTHORITY FOR ADVANCE RULINGS, UTTARAKHAND IN RE : BAHL PAPER MILLS LTD. - Reply By SANJAY SINGLA - The Reply = Whether it is CIF or FOB. - Reply By KASTURI SETHI - The Reply = It must be CIF. - Reply By Balakrishnan Ramalingam - The Reply = It is immaterial whether it is cif or fob. Since in both cases RCM is levied. - Reply By YAGAY andSUN - The Repl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y = However, you may file writ petition to seek specific relief in such matters. - Reply By Anil Seth - The Reply = pl clarify under which clause of Notification 13/2017 dated 28.6.17 ocean freight paid is taxable under RCM. - Reply By Anil Seth - The Reply = 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... update. - Reply By Balakrishnan Ramalingam - The Reply = S. No. 10 of noti. 10/2017 - Reply By Balakrishnan Ramalingam - The Reply = I read somewhere coming for hearing in June along an another similar case - Reply By SANJAY SINGLA - The Reply = 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Recipient both are outside India. - RCM on Ocean Freight for transport of Agri Produce - Query Started By: - Balakrishnan Ramalingam Dated:- 25-5-2019 Goods and Services Tax - GST - Got 12 Replies - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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