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TMI BlogEXPORT SECOND HAND CAPITAL GOODSX X X X Extracts X X X X X X X X Extracts X X X X ..... Dear All, I worked in manufacturing company. recently we export second hand machine which purchased pre GST regime,whether its required to reverse ITC utilised at time of purchase,if Yes than how much ITC to be reverse in such case.Can anyone provide GST rules on above issue. - Reply By KASTURI SETHI - The Reply = No reversal is required. Exported goods are treated as duty-paid goods., . Cre ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dit is allowed for making zero rated supply. Zero-rate is also a rate of duty for the purpose of export. Read Section 16 of IGST Act, 2017 . A case law pertaining to pre-GST era is appended below: 2016 (335) E.L.T. 104 (Tri. - Mumbai) = 2016 (3) TMI 395 - CESTAT MUMBAI COMMISSIONER OF CENTRAL EXCISE, PUNE-II Versus SUESSAN ASIA PVT. LTD. - Reply By DR.MARIAPPAN GOVINDARA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... JAN - The Reply = The reply by Shri Sethi is supported by a case law. Very good. - Reply By HIREGANGE& ASSOCIATES - The Reply = Section 18 (6) read with CGST Rules require reversal of credit or payment of tax on transaction value, where the supplier has taken Input Tax Credits. The work input tax credit has been defined as credit of input tax (CGST/SGST/IGST/UTGST/cess charged under GST Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t). Cenvat Credit availed in the pre GST regime cannot be said to be falling within the definition of Input Tax Credits. Also, there is no specific transitional provision requiring reversal of cenvat credit in case of goods purchased in pre GST regime but sold/discarded in post GST regime. Irrespective of the above, when goods are exported outside India under claim of LUT, it falls within defin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ition of 'zero rated supply' of goods and accordingly is not liable to GST. Based on above, we are of the view that there is no GST liability on the export of such capital goods. Regards, Ashish - Reply By YAGAY andSUN - The Reply = We duly endorse the view of Mr. Ashish. - Reply By SHIV MISHRA - The Reply = Thanks Kasthuri Ashish Sir for Advice. - EXPORT SECOND HAND CAPIT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... AL GOODS - Query Started By: - SHIV MISHRA Dated:- 29-12-2018 Goods and Services Tax - GST - Got 5 Replies - GST - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management India - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax ..... X X X X Extracts X X X X X X X X Extracts X X X X
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