ITC on Purchase from SEZ Unit., Goods and Services Tax - GST

[Pravin Talegaonkar]

Dear All,

We have taken ITC on Purchases from SEZ Unit during 2022-23, We have copy of bill of entry digitally singed by SEZ Entity. but Bill of Entry not reflecting in GSTR-2B.

My question whether GST officer can ask for reversal of the same since BOE is not reflecting in GSTR-2B.

Regards

Pravin Talegaonkar.

Posts / Replies

[GUNASEKARAN K]

Supplies from Special Economic Zone (SEZ) units/ developers located in India shall be treated as inter-state supplies. The goods supplied by SEZ unit/ developer to persons located in the Domestic Tariff Area (DTA) unit along with Bill of Entry shall be treated as imports. IGST on these goods will be charged at the time of clearance into the DTA unit. The IGST paid by DTA unit can be claimed as Input Tax Credit (ITC).

Under the old return filing system - The goods received by DTA unit from SEZ unit/ developer shall be reported by DTA unit as imports in its GSTR-2. However, GSTR-2 has been kept in abeyance under the old return system; the DTA unit has to report ITC on imports from SEZ in table 4A of GSTR-3B (ITC available – Import of goods).

Under the new return filing system - The goods received by DTA unit from SEZ unit/ developer shall be reported by DTA unit. DTA unit has to report these supplies in table 3K of GST ANX-1 (Import of goods from SEZ units/developers on a Bill of Entry). These will be auto-populated to table 3B of GST ANX-2 of DTA unit. The reporting of supplies from SEZ unit/ developer is to be given manually until the beginning of auto-population of data from SEZ to GSTN.

Ex facie, the department may issue notices for the such possible mismatches between GST-2B and ITC taken. Only the effective explanation needs to be furnished reflecting the factual matrix of each case independently.

[Padmanathan Kollengode]

I agree with the views of expert. ITC cannot denied for reason that BOE has not been reflected in GSTR-2B.

[Shilpi Jain]

Agreed. requirement of appearance in GSTR-2B is for invoices and not BoE.

Suggested to make an intimation to dept in this regard.

Also there could be an advisory on how BoEs can be brought to GSTR2B from ICEGATE portal in order to avoid dispute from dept.

[ajay chharia]

Although as per form GSTR 2B, there is specific column (iv) to report import from SEZ unit. Sec 16(2)(aa) inserted w.e.f 01.01.2022.On reading subclause (a),there is requirement that ITC claimant should be in possession of either tax invoice or debit note or other tax paying document(as BOE in your case) but when you go through subclause (aa)it says

THE DETAIL OF INVOICE OR DEBIT NOTE REFERRED TO IN CLAUSE (a) HAS BEEN FURNISHED BY THE SYPPLIER IN THE STATEMENT OF OUTWARD SUPPLIES AND SUCH DETAILS HAVE BEEN COMMUNICATEDTO THE RECEIPIENT OF SUCH INVOICES AND DEBIT NOTE IN THE MANNER SPECIFIED UNDER SECTION 37.

this clause does not require

(1) communication of other tax paying document(as BOE in your case)

(2) in the manner specified under section 37 i.e., furnishing details of outward supplies by registered person, being your supplier is a sez unit, sez unit is not required to furnish detail of DTA supplies under the cover of BOE in form GSTR-1, as per instruction 9 to the Form GSTR-1

above arguments can work in your favour.

Practically also SEZ BOE are available in GSTR-2B after a time gap of 8 to 10 months or in the month of march only

Regards

Ajay Chharia

[Harshith Sharma]

Besides my overall concurrence with the previous replies posted by erudite members, I am unable to locate the source of the following assertion made by Gunasekaran sir.

" The goods supplied by SEZ unit/ developer to persons located in the Domestic Tariff Area (DTA) unit along with Bill of Entry shall be treated as imports"

To my understanding, section 7(5) of IGST act, classifies supplies by an SEZ unit as inter state supplies and not as imports.

I would appreciate it if any member could provide the source of information supporting these interpretations.

[ajay chharia]

Dear Pravin ji

Practical ans. is procure a certificate from relevant SEZ authority through your SEZ supplier in respect of IGST paid.

On the basis of same GST officer will allow ITC credit

Regards