TMI BlogClarification in respect of goods sent/taken out of India for exhibition or on consignment basis for export promotion.X X X X Extracts X X X X X X X X Extracts X X X X ..... romotion. Such goods sent / taken out of India crystallise into exports, wholly or partly, only after a gap of certain period from the date they were physically sent / taken out of India. 2. The matter has been examined and in view of the difficulties being faced by the trade and industry and to ensure uniformity in the implementation of the provisions of the law across the field formations, the Commissioner of State tax, in exercise of its powers conferred under section 168 of the Assam Goods and Services Tax Act, 2017 (hereinafter referred to as the Assam GST Act ) hereby clarifies various issues in succeeding paragraphs. 3. As per section 7 of the Assam GST Act, for any activity or transaction to be considered a supply, it must sa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fall within the scope of section 7 of the Assam GST Act as there is no consideration at that point in time. Since such activity is not a supply, the same cannot be considered as Zero rated supply as per the provisions contained in section 16 of the IGST Act. 7. Since the activity of sending / taking specified goods out of India is not a supply, doubts have been raised by the trade and industry on issues relating to maintenance of records, issuance of delivery challan / tax invoice etc. These issues have been examined and the clarification on each of these points is as under: - Sl.No. Issue Clarification 1. Whether any records are required t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... When is the supply of specified goods sent / taken out of India said to take place? a) The specified goods sent / taken out of India are required to be either sold or brought back within the stipulated period of six months from the date of removal as per the provisions contained in subsection (7) of section 31 of the Assam GST Act. b) The supply would be deemed to have taken place, on the expiry of six months from the date of removal, if the specified goods are neither sold abroad nor brought back within the said period. c) If the specified goods are sold abroad, fully or partially, within the specified period of six months, the supply is effected, in respect of quantity so sold, on the date of such sale. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ods out of India is not a zero-rated supply. That being the case, the sender of goods cannot prefer any refund claim when the specified goods are sent / taken out of India. b) It has further been clarified in answer to question no. 3 above that the supply would be deemed to have taken place: (i) on the date of expiry of six months from the date Of removal, if the specified goods are neither sold nor brought back within the said period; or (ii) on the date of sale, in respect of such quantity of specified goods which have been sold abroad within the specified period of six months. c) It is clarified accordingly that the sender can prefer refund claim even when the specified goods were sent / taken out of India without ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... contained in section 12 and section 31 of the Assam GST Act read with rule 46 of the Assam GST Rules within the time period stipulated under sub-section (7) of section 31 of the Assam GST Act. (ii) M/s. ABC sends 100 units of specified goods out of India. The activity of sending / taking such specified goods out of India is not a supply. No tax invoice is required to be issued in this case but the specified goods shall be accompanied with a delivery challan issued in accordance with the provisions contained in rule 55 of the Assam GST Rules. If 10 units of specified goods are sold abroad say after one month of sending / taking out and another 50 units are sold say after two months of sending / taking out, a tax invoice would be require ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
