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TMI Blog2022 (2) TMI 831X X X X Extracts X X X X X X X X Extracts X X X X ..... o SEZ unit for approved purpose) is not covered in any category under Section 97(2) of the CGST Act, 2017. Whether supply of Applicant will be treated as Zero Rated Supply? - HELD THAT:- The said question is also not covered in any category under Section 97(2) of the CGST Act, 2017. Whether the applicant is entitled to claim refund on Inputs, if supplies are made without payment of tax against Letter of Undertaking? - HELD THAT:- The said question is also not covered in any category under Section 97(2) of the CGST Act, 2017. Whether the applicant can be held liable for any penalty or tax if supplies made by him to M/s Dewan India, Moradabad are consumed used by recipient for any purpose other those mentioned in its LOA? - HELD THAT:- The said question is also not covered in any category under Section 97(2) of the CGST Act, 2017. Documents required to be maintained by the applicant - HELD THAT:- The said question is also not covered in any category under Section 97(2) of the CGST Act, 2017. Whether there is any liability on Applicant Company under Reverse Charge Mechanism? - HELD THAT:- From the definition of advance ruling, it is evident that an applicant c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as defined under Section 16 of Integrated Goods And Service Tax Act, 2017. As such no Integrated Goods and Service Tax is levied in tax invoice raised by the company to recipient of goods because all the supplies are made against Letter of Undertaking. 3. The applicant has sought advance ruling on following questions as per Form GST ARA-01 - 1. Whether supply of Iron and Steel (HSN Code: Chapter 72) to M/s Dewan India, Moradabad for manufacturing as raw material of its items approved by the Government of India, Ministry of Commerce and Industry Department of Commerce, Moradabad Special Economic Zone, Moradabad will fall under supply for approved purpose? 2. Whether supply of Applicant Company will be treated as Zero Rated Supply within the meaning of Section 16(1) of the Integrated Goods And Service Tax Act, 2017. Zero Rated Supply is defined u/s 16(1) of the Integrated Goods and Service Tax Act,2017 which runs as under. Zero rated supply means any of the following supplies of goods or services or both, namely- a) Export of goods or services or both or b) Supply of goods or services or both (for authorised operations) to Special Economic Zone develope ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ies of goods or services or both, namely:- (a) export of goods or services or both; or (b) supply of goods or services or both 1 [for authorised operations] to a Special Economic Zone developer or a Special Economic Zone unit. (2) Subject to the provisions of sub-section (5) of section 17 of the Central Goods and Services Tax Act, credit of input tax may be availed for making zero-rated supplies, notwithstanding that such supply may be an exempt supply. [(3) A registered person making zero rated supply shall be eligible to claim refund of unutilised input tax credit on supply of goods or services or both, without payment of integrated tax, under bond or Letter of Undertaking, in accordance with the provisions of section 54 of the Central Goods and Services Tax Act or the rules made thereunder, subject to such conditions, safeguards and procedure as may be prescribed: Provided that the registered person making zero rated supply of goods shall, in case of non-realisation of sale proceeds, be liable to deposit the refund so received under this sub-section along with the applicable interest under section 50 of the Central Goods and Services Tax Act within t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntion is specifically made to such dissimilar provisions, a reference to the CGST Act would also mean a reference to the same provision under the UPGST Act. Further for the purposes of this Advance Ruling, a reference to such a similar provision under the CGST Act / UPGST Act would be mentioned as being under the `CGST Act'. 9. We find that the applicant has sought advance ruling on following questions- 1. Whether supply of Iron and Steel (HSN Code: Chapter 72) to M/s Dewan India, Moradabad for manufacturing as raw material of its items approved by the Government of India, Ministry of Commerce and Industry Department of Commerce, Moradabad Special Economic Zone, Moradabad will fall under supply for approved purpose? 2. Whether supply of Applicant Company will be treated as Zero Rated Supply within the meaning of Section 16(1) of the Integrated Goods And Service Tax Act, 2017. Zero Rated Supply is defined u/s 16(1) of the Integrated Goods and Service Tax Act, 2017 which runs as under. Zero rated supply means any of the following supplies of goods or services or both, namely- a) Export of goods or services or both or b) Supply of goods or services or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cant. 11.2 The applicant vide question No. 1 is desirous to know as to whether supply of Iron and Steel to M/s Dewan India, Moradabad for manufacturing of its items approved by the Government of India, Ministry of Commerce and Industry Department of Commerce, Moradabad Special Economic Zone, Moradabad will fall under supply for approved purpose. The said question (i.e. whether any supply will be covered in supply to SEZ unit for approved purpose) is not covered in any category under Section 97(2) of the CGST Act, 2017. 11.3 The applicant vide question No. 2 is desirous to know as to whether supply of Applicant will be treated as Zero Rated Supply. The said question is also not covered in any category under Section 97(2) of the CGST Act, 2017. 11.4 The applicant vide question No. 3 is desirous to know as to whether the applicant is entitled to claim refund on Inputs, if supplies are made without payment of tax against Letter of Undertaking. The said question is also not covered in any category under Section 97(2) of the CGST Act, 2017. 11.5 The applicant vide question No. 4 is desirous to know as to whether the applicant can be held liable for any penalty or tax if suppl ..... X X X X Extracts X X X X X X X X Extracts X X X X
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