Import of Goods, Goods and Services Tax - GST

[Arif Kathiria]

Sir One of My Client is Importer and Imports Commodities like Soybean, Watermelon’s Seed (Taxable @5%) And Also Import Maize Seeds, Moth Beans, Etc (Exempted / Nil Rated)

My Question • At Time of Import of Soybean And Watermelons Seed Custom Authorities assessed Goods Value Decided by Government of India And Asked IGST On the Amount of Bill of Entry, But the Import price of same goods is lower compare to goods Price assessed by custom authorities, so at the Time of Sales My Client had Collected GST at LOWER rate as Compare to Purchase Paid on BE (Can I Get Refund on difference amount which is stuck in Credit Ledger due to above effect)

• Can I Avail GST Credit of Import Charges (charged By Custom Clearing Agent) For Goods Which are Exempted / Nil Rated?

Posts / Replies

[Cam Dinh]

Time of Import of Soybean And Watermelons Seed Custom Authorities assessed Goods Value Decided by Government of India And Asked IGST On the Amount of Bill of Entry

[Alkesh Jani]

Shri

In this case, I am of the view that you cannot get refund. Further, the refund can be claim for inverted duty structure that means if the rate of tax of inputs is higher than output. in your case, you have not mentioned at which rate of tax you sell if the same rate of 5% not refund can be claimed.

Refund is with regards to rate of tax and not value.

you can avail input tax credit in respect of CHA charges which is attribute to taxable supplies only.

[KASTURI SETHI]

I support the views of Sh.Alkesh Jani ji. GST ITC cannot be availed if the outward supply of goods or services or both is exempted or nil.

[Ganeshan Kalyani]

I agree with the views of both the expert.