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Customs - GST roll out and preparations thereof – Advisory on Customs related matters

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..... llowing advisory on changes in Customs related matters is given as below: 2. The changes are broadly in the following areas. Levy of duties: IGST and Compensation Cess (wherever applicable) to be levied on imports Change in Bill of Entry and Shipping Bill forms: To capture additional details required for validation with GSTN in case of IGST refund claims (export) or availability of IGST credit (Imports) Procedure in respect of manual filing of Bills of Entry and Shipping Bills: To electronically capture basic data required for validation with GSTN on imports and exports 3. Levy of Duties: i. Sub-section (1) of section 5 of the Integrated Goods and Services Act, 2017 states that subject to the provisions of su .....

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..... 1975, it has been provided as below: Sub Section (7) : Any article which is imported into India shall, in addition, be liable to integrated tax at such rate, not exceeding forty percent as is leviable under section 5 of the Integrated Goods and Services Tax Act, 2017 on a like article on its supply in India, on the value of the imported article as determined under sub-section (8). Sub Section (8): For the purposes of calculating the integrated tax under sub-section (7) on any imported articles where such tax is leviable at any percentage of its value, the value of imported articles shall, notwithstanding anything contained in section 14 of the Customs Act, 1962, be the aggregate of- (a) the value of the imported articles determined .....

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..... ction 12 of the Customs Act, 1962 and any sum chargeable on that article under any law for the time being in force as an addition to and in the same manner as, a duty of customs, hut does not include the tax referred to in sub-section(7) or the cess referred to in sub-section (9). 3. Customs ICES 1.5 application is also being modified to ensure that the new levies are applied and collected on all the imports from July 1st Changes in Bill of Entry and Shipping Bill Forms: 4. Since new provisions for levy of IGST and GST compensation cess on imports have been introduced under the Customs Tariff Act, 1975, Bill of Entry, Shipping Bill and Courier Regulations and Forms, both Manual and EDT, have been suitably modified and all such mo .....

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..... e of import and export of goods and the importers who are not registered under GST would use their PAN for imports. Changes have been made in the BE forms to capture details like GSTIN, PAN, State code etc. of the importer. Similar changes will also be incorporated for imports at SEZ and imports through Courier. In case of Courier, GSTIN for GST registered consignees or PAN for non-GST registered consignees, as applicable, has to be quoted in the Bill of entry filed by the Courier agency, wherever goods are subject to IGST. For the time being, importers/exporters are advised to declare GSTIN, PAN and IEC while filing documents for import/export of goods. However, over a period of time, declaration with regard to only GSTIN and PAN shall be .....

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..... claim refund of unutilized input tax credit; or (b) he may supply goods or services or both, subject to such conditions, safeguards and procedure as may be prescribed, on payment of integrated tax and claim refund of such tax paid on goods or services or both supplied. 8. Under the GST Laws, taxpayers, would be filing their outward supply returns on GSTN for all the supplies made by them including exports. For the exports, they will be required to quote the Shipping Bill and export invoice details in the GST return. The information provided in the return with regard to export of goods shall be validated by Customs EDT system. The confirmation of the export details by Customs shall be made once the EGM is filed. The taxpayer (exporter) .....

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