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TMI Blog2018 (6) TMI 431X X X X Extracts X X X X X X X X Extracts X X X X ..... cean freight in case of CIF basis contract, when service provider and service recipient both are outside the territory of India. (b) If point no. answer is yes, then what will be the supporting document for ' importer under RCM to take the credit of IGST paid on ocean freight under CIF basis contract. (c) Whether credit will be available in GST of office fixtures 8s furniture, A.C. plant 8s sanitary fittings 'on' newly constructed building on its own account, for furtherance of business and accounting entry is capitalized in books of account. 2. Advance Ruling under GST means a decision provided by the authority or the appellate authority to an applicant, on matters or on questions specified in sub section (2) of section 97 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... has requested for advance ruling on the questions mentioned at 1(a), 1(b) and 1(c) above which are discussed as under : (a) Whether under Reverse Charge Mechanism, IGST should be paid by the importer on ocean freight in case of CIF basis contract, when service provider and service recipient both are outside the territory of India : In this regard it is observed that vide notification no. 8/2017- Integrated Tax (Rate) dated 28.6.2017 and notification no. 10/2017- Integrated Tax' (Rate) dated 28.6.2017 an importer is required to pay IGST on the ocean freight. Therefore as on date, even if the importer has already paid IGST on CIF value imported goods, he is still required to pay IGST on ocean fright. Authority also observe that ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1 wherein it was clarified that the goods such as furniture and stationery used in an office within the factory are goods used in the factory and are used in relation to the manufacturing business and hence the credit of the same is allowed. Further the Hon'ble CESTAT, Principal Bench, New Delhi in the case of M/s Balkrishna Industries Ltd Vs CCE, Jaipur-I vide its Final Order No. A/53217-53218/2015 dated 09.10.2015 reported in 2016 (335) ELT 559 (Tri-Del) has held that the credit on duty paid on air-conditioners installed in the office of factory is admissible. Therefore the credit of input tax charged on the supply of fixtures 85 furniture and A.C. plant is admissible under CGST/SGST Act. 2017, provided that the registered person has ..... X X X X Extracts X X X X X X X X Extracts X X X X
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