9911796707
TMI Blog2023 (9) TMI 1502X X X X Extracts X X X X X X X X Extracts X X X X ..... XVII of the Act shall be binding only- (a) on the applicant who had sought it in respect of any matter referred to in sub-section (2) of section 97 for advance ruling; (b) on the concerned officer or the jurisdictional officer in respect of the applicant. 3. In terms of Section 103 (2) of the Act, this advance ruling shall be binding unless the law, facts or circumstances supporting the original advance ruling have changed. 4. In terms of Section 104 of the Act, where the Authority finds that advance ruling pronounced by it under sub-section (4) of Section 98 or under sub-section (1) of Section 101 has been obtained by the applicant by fraud or suppression of material facts or misrepresentation of facts, it may, by order, declare such ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y the Logistic Service Provider(LSP) after filing 'Bill of Entry for warehousing i.e. into-Bond bill of Entry disclosing the GSTIN obtained by the Applicant for their office in Chennai, Tamil Nadu. Subsequently, the Applicant would sell the said goods stored in the FTWZ facilities to the Reseller located in Bangladesh, Sri Lanka or India(located within a FTWZ), as the case maybe under Bill to Reseller and ship to LSP, FTWZ as designated by the Reseller. The Applicant would raise the commercial invoice for sale of goods under the above arrangements to the Reseller and the Reseller would take the delivery of such goods in the same LSP FTWZ where Applicant's goods are stored or different LST FTWZ. 2.3. In their interpretation of law/ facts in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Resellers as the same would get covered within the ambit of the said entry to the Schedule III. * Reliance is placed on the clarifications given by the Government of India, Ministry of Finance vide Circular No. 3/1/2018-IGST dated 25.05.2018, wherein it was clarified that IGST would be levied and collected only at the time of final clearance of warehoused goods for home consumption. * Reliance is place on the ruling issued by TN AAR in the following cases with similar facts: * M/s The Bank of Nova Scotia [2019 (2) TMI 195] * M/s Sadesa Commercial Offshore De Macau Limited [2019 (2) TMI 194] * Thus they are not liable to pay IGST on the sale of goods from FTWZ to Resellers located in Bangladesh, Sri Lanka or India (located with ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ther a supply of goods not a supply of service', which means an exempt supply. As it is exempted supplies, the provisions of Sec 17 of the CGST Act, 2017is applicable and proportionate ITC need to be reversed. * Explanation to Section 17 (3) of the said Act, defines the 'value of exempt supply' which should not include the activities specified under Schedule III except para 5 of the schedule, which means that exclusion of value of exempted supply is available to the taxpayer only for calculating the amount of ITC attributable towards exempt supplies as per clause (i) of Rule 42 of the CGST Rules, 2017,where the aggregate value of exempt supply shall not include the value of supply categorized under clause 8 (a) of Schedule III. Thus they ..... X X X X Extracts X X X X X X X X Extracts X X X X
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