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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 ..... hapter XVII of the Act shall be binding only- (a) on the applicant who had sought it in respect of any matter referred to in sub-section (2) of section 97 for advance ruling; (b) on the concerned officer or the jurisdictional officer in respect of the applicant. 3. In terms of Section 103(2) of the Act, this advance ruling shall be binding unless the law, facts or circumstances supporting the original advance ruling have changed. 4. In terms of Section 104 of the Act, where the Authority finds that advance ruling pronounced by it under sub-section (4) of Section 98 or under sub-section (1) of section 101 has been obtained by the applicant by fraud or suppression of material facts or misrepresentation of facts, it may, by order, declar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... een circumstances, they could not fulfill the export obligation under EPCG scheme. Therefore, they have remitted duty amount along with interest. 2.3 It is observed from letter addressed by 'the Applicant' to Assistant Commissioner, Custom House, Tuticorin dt. 25.09.2020 (submitted with GST ARA-01) that under EPCG License No. 3530004648 dt. 12.09.2011 'the Applicant' has claimed duty based exemption, however, they were not able to fulfill the export obligation and have paid the duty amount along with interest on 25.09.2020, towards non-fulfillment of export obligation. This payment of duty and interest has been acknowledged by O/o The Commissioner of Customs, Custom House, Tuticorin in letter C.No. VIII/48/605/2015-EPCG Vol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Officer has further stated that there is no pending proceeding on question raised in the application. 4.2 The concerned Central Tax Authority has not informed about any pending proceeding against the applicant on the question raised. Therefore, it is presumed that there is no proceeding pending against the applicant with the concerned authority on the question raised. 5. The Applicants were offered personal hearing on 16.08.2023, wherein Shri D. Vijayakumar, Accounts Officer and Shri R. Vaishaga Priyan, Authorised Signatory, have appeared for hearing and reiterated the submissions made in the application. On being asked about the details regarding items imported, the representatives replied that they are into the business of printing co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missibility of input tax credit of tax paid, it is pertinent to discuss the terms 'input tax' and 'input Tax Credit' under the provisions of GST Act. The definition of Input tax and input tax credit is covered under Section 2 of the GST Act, 2017, which is reproduced as under:- (62) "input tax" in relation to a registered person, means the central tax, State tax, integrated tax or Union territory tax charged on any supply of goods or services or both made to him and includes- (a) the integrated goods and services tax charged on import of goods; (b) the tax payable under the provisions of sub-sections (3) and (4) of section 9; (c) the tax payable under the provisions of sub-sections (3) and (4) of section 5 of the Int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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. 6.6 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. In view of the above, we pass the ruling as under; RULING Payment of Basic Customs Du ..... X X X X Extracts X X X X X X X X Extracts X X X X
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