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TMI BlogRCM on Ocean Freight for transport of Agri ProduceX X X X Extracts X X X X X X X X Extracts X X X X ..... RCM on Ocean Freight for transport of Agri Produce X X X X Extracts X X X X X X X X Extracts X X X X ..... ly By SHARAD ANADA: The Reply: Gujarat High court has granted stay on RCM on ocean freight 2019 (5) TMI 1212 - GUJARAT HIGH COURT GHANSHYAMLAL AND COMPANY THROUGH PROPRIETOR GHANSHYAMLAL BADRILAL SOMANI VERSUS UNION OF INDIA Reply By Balakrishnan Ramalingam: The Reply: Thank you, But I understand that the two stays are only to the applicants exclusive. Hence ignoring the stays I would like ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to know the legal status Reply By KASTURI SETHI: The Reply: No exemption is available on the ground of agricultural produce. The purpose of exemption for agricultural produce is to give benefit to the farmer who is cultivator.For the purpose of import ocean freight is taxable @ 5% under RCM. Notification No.13/2017-CT(Rate) dated 28.6.17 and Notification No.8/2017-IGST (Rate) dated 28.6.17. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ere is double taxation. IGST @ 5% is on import of service under RCM and also IGST as part of Customs duty. Double payment of tax has been upheld by 2018 (14) G.S.T.L. 306 (A.A.R. - GST) = 2018 (6) TMI 431 - AUTHORITY FOR ADVANCE RULINGS, UTTARAKHAND IN RE : BAHL PAPER MILLS LTD. Reply By SANJAY SINGLA: The Reply: Whether it is CIF or FOB. Reply By KASTURI SETHI: The Reply: It must be CIF. R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eply By Balakrishnan Ramalingam: The Reply: It is immaterial whether it is cif or fob. Since in both cases RCM is levied. Reply By YAGAY andSUN: The Reply: However, you may file writ petition to seek specific relief in such matters. Reply By Anil Seth: The Reply: pl clarify under which clause of Notification 13/2017 dated 28.6.17 ocean freight paid is taxable under RCM. Reply By Anil Seth: ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The Reply: what is the status of Mohit Minerals P. Ltd vs UOI = 2018 (2) TMI 770 - GUJARAT HIGH COURT case on ocean freight under RCM. Pl update. Reply By Balakrishnan Ramalingam: The Reply: S. No. 10 of noti. 10/2017 Reply By Balakrishnan Ramalingam: The Reply: I read somewhere coming for hearing in June along an another similar case Reply By SANJAY SINGLA: The Reply: Dear Sir, There is s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ome issue in this notification. 1. Liability of RCM is recipientas per Sec 5(3). Importer is not recipient in this case as per Sec 2 (93) of CGST Act, as he is not making any payment for ocean freight. 2. Recipient has to make invoice as per GST per RCM supply. for this no time of supply is mention in such a situtation in Sec 12(3) of the Act. 3. Place of Supply: for every supply, Place of supp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ly has to be determined as per Sec 10, 11, 12 or 13. But no section is prescribed where supplier and Recipient both are outside India. X X X X Extracts X X X X X X X X Extracts X X X X
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