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2018 (12) TMI 67 - AAR - GSTLevy of tax - the supply of goods which are moved from a place located outside taxable territory and are delivered at a place outside taxable territory - section 7(5)(a) of IGST Act - input tax credit - recipient of goods - inter-state supply - Place of supply of goods - territorial jurisdiction. Held that - It is clear that the applicant would be purchasing goods from Jotun Norway on the bas1S of purchase orders received from their customer in India and the said goods would be delivered by JN from their Norway place to the ship/vessel of the customer which is also in non-taxable territory i.e. outside India. The order received by the applicant from their customer in India and the order placed to Jotun Norway are back to back orders. Thus it is seen that the goods are delivered by JN from a place outside the taxable territory of India to the customer s vessel which is also the taxable territory of India. This transaction is similar to selling of goods on High Seas Sale since in both the cases the goods purchased do not cross the customs frontiers of India. The supply of goods imported into the territory of India till they cross the customs frontier shall be treated as supply of goods in the course of inter-state trade or commerce - there is no doubt that the goods of the applicant would be imported goods if they are brought from outside the country into India and it is clear that when the said goods are delivered/supplied from a place outside India to a place outside India these goods have not crossed the customs frontiers of India Thus clearly the transaction in these goods are in the nature of inter-state supply as per Section 7(2) of the IGST Act. The subject transaction in question is in the nature of inter-state sales the liability to tax in respect of these goods would be as per Section 5 of the IGST Act - the integrated tax on goods imported into India is to be levied and collected in accordance with Section 3 of the Customs Tariff Act 1975 and Section 12 of the Customs Act 1962 and the same is to be levied and collected at the time of import into India. The goods are considered to be imported into India only after they clear the customs frontier after compliance of applicable procedures and payment of duty as applicable. In case of goods supplied on an out an out basis as is in the present case there is no levy till the time of their customs clearance in compliance with Section 12 of the Customs Act and Section 3 of the Customs Tariff Act. In view of this the import goods sold from and to a non-taxable territory though they are clearly in the nature of inter-state supply would come in the category of exempt supply as no duty is leviable on them except in accordance with proviso to Section 5(1) of the IGST Act - Thus it is very clear that the goods sold in the subject transaction are non-taxable supply as no tax is leviable on them till the time of customs clearance in accordance with and compliance of Section 12 of the Customs Act 1962 and Section 3 of the Customs Tariff act 1975. Ruling - The supply of goods which are moved from a place located outside taxable territory and are delivered at a place outside taxable territory would not be liable to tax in India under section 7(5)(a) of IGST Act.
Issues Involved:
1. Applicability of IGST on supply of goods moved from and delivered outside the taxable territory. 2. Eligibility of the recipient to avail input tax credit if IGST is applicable. Detailed Analysis: 1. Applicability of IGST on Supply of Goods Moved from and Delivered Outside the Taxable Territory: The applicant, Jotun India Private Limited, sought clarification on whether the supply of goods moved from a place outside India and delivered to a place outside India would be liable to tax under section 7(5)(a) of the IGST Act. The applicant contended that such transactions should not be liable to IGST, arguing that the levy of IGST on such transactions would be ultra vires the IGST Act and beyond its territorial jurisdiction. They highlighted that the goods never cross the customs frontiers of India, and thus, the transaction should not be subject to IGST. The Authority for Advance Ruling (AAR) examined the provisions of the IGST Act, particularly section 7(2), which states that supply of goods imported into India, till they cross the customs frontiers of India, shall be treated as inter-State trade or commerce. The AAR noted that the goods in question are delivered from a place outside India to another place outside India without crossing the customs frontiers of India. Consequently, such transactions are not liable to IGST as per the proviso to section 5(1) of the IGST Act, which mandates that IGST on imported goods is levied and collected only at the time of importation into India. Conclusion on Issue 1: The AAR concluded that the supply of goods moved from a place outside India and delivered to a place outside India is not liable to tax in India under section 7(5)(a) of the IGST Act. 2. Eligibility of the Recipient to Avail Input Tax Credit if IGST is Applicable: Since the AAR determined that the supply of goods in question is not liable to IGST, the second issue regarding the eligibility of the recipient to avail input tax credit became irrelevant. The recipient's eligibility to claim input tax credit would only arise if the transaction were subject to IGST, which it is not. Conclusion on Issue 2: The question of the recipient's eligibility to avail input tax credit is not relevant as the supply of goods is not liable to IGST. Final Order: - The supply of goods moved from a place outside taxable territory and delivered at a place outside taxable territory is not liable to tax in India under section 7(5)(a) of the IGST Act. - The question of the recipient's eligibility to avail input tax credit is not relevant in light of the above conclusion.
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