Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

Comments

Print   |    |  Comment

GST UPDATE No 196 ON REPERCUSSIONS OF SC DECISION QUASHING LEVY OF GST ON OCEAN FREIGHT

GST UPDATE No 196 ON REPERCUSSIONS OF SC DECISION QUASHING LEVY OF GST ON OCEAN FREIGHT
In our previous update we had discussed the reasoning adopted by the Hon’ble Supreme Court wherein it was concluded that the transaction of service element of transportation of goods by foreign shipping line engaged by foreign exporter in CIF contract of sale of goods is composite supply under section 2(30) of the CGST Act, 2017 which is liable to tax as principal supply as per provision contained in section 8 of the CGST Act, 2017. It was also held that although as per section 7(3) of the CGST Act, 2017, the Central Government has the power to notify an import of goods as import of services and vice-versa; there is no such power to interpret composite supply of goods and services as two segregable supply of goods and supply of services. Hence, the Supreme Court agreed with the view of the Gujarat High Court that a tax on supply of a service which has already been included by the legislation as a tax on the composite supply of goods cannot be allowed by treating the transaction of sale of goods and ocean freight as separate. The repercussions of this decision are the subject matter of discussion of our present update. The analogy adopted by the Apex Court appears to distort the concept of taxation at multiple stages under GST law to facilitate formation of a valid input tax credit chain. There are numerous transactions wherein the GST is being levied more than once on the premise that the input tax credit is anyways available to the recipient. To illustrate- A Chartered Accountant providing representational services to a client claims various out of pocket expenses incurred such as accommodation services, travelling cost etc. on which GST is already being paid by the service provider. The Chartered Accountant while raising bill to its clients includes such charges as a part of composite supply and charges GST @18% as applicable on consultancy services inspite of the fact that the expenses incurred might have suffered lower GST rate of 12% or 5%. However, it is settled principle that the Chartered Accountant will avail the input tax credit of the tax so paid to the CA. PRADEEP JAIN ??www.capradeepjain.com??pradeep@capradeepjain.com??5 service providers and will charge GST @18% from its clients which is the basic framework of the GST regime. However, if the ratio of the above cited judgment is applied, it may lead to absurd results as the chartered accountant may plead that since the tax on such charges is being levied as a part of the composite supply, the said charges cannot be subject to levy of GST by the service provider of accommodation services/travelling expenses. Similarly, in case of domestic supplies wherein transportation charges are included in the value of taxable supply of goods, the assessee may contend that they are not liable to pay GST under reverse charge mechanism on the transportation charges paid to the GTA service provider as the said transportation charges are inevitable part of the composite supply of goods and cannot be taxed separately. However, it is pertinent to mention that the practically, the assessees are paying GST on the transportation charges at the GST rate applicable to the products in case of composite supplies and are also paying GST under reverse charge mechanism on the transportation charges. It is different matter that input tax credit of the tax paid under reverse charge mechanism on the transportation charges is admissible to the assessee. In our opinion, if the ratio of the Supreme Court decision is made applicable, then assessees may contend that GST will not be leviable separately on all the supply of goods and services which are part of the composite supply which definitely does not appear to be the intention of the legislature. It is submitted that although the decision is a boon to the assessees as it seeks to quash the levy of GST on ocean freight which is revenue neutral situation but at the same time, the reasoning adopted may lead to chaos with respect to normal transactions as discussed above. There is high probability that the judgment will be reviewed.
Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com