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TMI Blog2023 (12) TMI 722X X X X Extracts X X X X X X X X Extracts X X X X ..... od prior 01.07.2017 and duties as applicable on the date of import was paid by the Applicant. However, in the GST regime, with respect to imported goods, the definition of Input tax and input tax credit as per Section 2 of the GST Act, 2017, (reproduced at para 6.2), includes only IGST charged on imports of goods. There is no provision under the GST Law for availing credit of CVD and SAD. In case of the Applicant, Basic Customs Duty (BCD), Countervailing Duty (CVD), Special Additional Duty (SAD) along with interest has been paid towards non-fulfilment of prescribed export obligation on import of capital goods under EPCG scheme, which commenced before the implementation of GST and concluded post the implementation of GST. Payment of Ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay, by order, declare such ruling to be void ab initio and thereupon all the provisions of this Act or the rules made thereunder shall apply to the applicant as if such ruling had never been made. 5. At the outset, we would like to make it clear that the provisions of both the Central Goods and Service Tax Act and the Tamil Nadu Goods and Service Tax Act are the same except for certain provisions. Therefore, unless a mention is specifically made to such dissimilar provisions, a reference to the Central Goods and Service Tax Act would also mean a reference to the same provisions under the Tamil Nadu Goods and Service Tax Act. M/s Vijay Flexi packaging Industries, 726A, Anuppangulam, Sivakasi, Virudhunagar District (hereinafter re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tter C.No. VIII/48/605/2015-EPCG Vol III dt. 29.09.2020. 3. Now, they have filed an application before the Authority for Advance Ruling seeking ruling whether the Payment of Basic Customs Duty (BCD), Special Additional Duty (SAD) made on non-fulfillment of EPCG obligation could be taken as Input tax credit under GST. 4.1 The concerned State Jurisdiction Officer has submitted following remarks on the issue;- (a) As the Tax Payer has not specified whether they had filed any revised return within the time limit as stipulated under Section 142(9)(2) of CGST with regard to the payment of any amount of Basic Customs Duty (BCD), Countervailing Duty (CVD), Special Additional Duty (SAD) paid on non-fulfilment of EPCG Obligation to be taken ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eplied that they are into the business of printing covers for products like Atta and Masalas and are importing items related to the same from different countries. They were asked about the details of DGFT obligation and whether the same has been completed, to which they replied that the same will be made available at the earliest. They were asked for sample Bill of Entry or any document from Customs. As the same was not readily available with the representatives they asked for time for the submission of the same. The representatives under took to submit the following documents viz.- 1. Document issued by DGFT 2. Bill of Entry for each country from where goods were imported 3. Detailed write-up of the activity undertaken Ho ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... c) the tax payable under the provisions of sub-sections (3) and (4) of section 5 of the Integrated Goods and Services Tax Act; (d) the tax payable under the provisions of sub-sections (3) and (4) of section 9 of the respective State Goods and Services Tax Act; or (e) the tax payable under the provisions of sub-sections (3) and (4) of section 7 of the Union Territory Goods and Services Tax Act, but does not include the tax paid under the composition levy; (63) input tax credit means the credit of input tax; 6.3 The Applicant who is engaged in the manufacture of printed poly packing materials have imported certain machinery under EPCG Scheme during 2011 and have availed concessional duty benefit under EPCG Sche ..... X X X X Extracts X X X X X X X X Extracts X X X X
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