Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

Comments

Print   |    |  Comment

GST UPDATE No 302 ON NON-EXTENSION OF EXEMPTION ON FREIGHT PAID ON EXPORT:-

GST UPDATE No 302 ON NON-EXTENSION OF EXEMPTION ON FREIGHT PAID ON EXPORT:-
 
The expiry of the exemption available to ocean freight and air freight paid on export of goods as on 30.09.2022 has been the talk of the town. Notification no. 02/2018-Integrated Tax (Rate) dated 25.01.2018 prescribed the exemptions till 30th September, 2018 in relation to service by way of transportation of goods by aircraft or by a vessel from India to a place outside India. This exemption was further extended upto 30.09.2022 vide Notification No. 07/2021-Integrated Tax (Rate) dated 30.09.2021. However, the exemption has not been extended further so the trade and industry is concerned about the levy of GST on the said services. The analysis of the provisions in this regard is the subject matter of discussion of our present update.
 
The consequences of not extending the exemption to the freight paid on exports are that the taxpayers will have to pay IGST on the said transactions in view of the following provisions contained in CGST Act and IGST Act, 2017. In cases of exports, the service provider (shipping agency) and the service recipient (exporter) are located in India. As regards determination of place of supply is concerned, it is submitted that the provision contained in the proviso to section 12(8)(b) of the IGST Act, 2017 is relevant which reads as follows:-
 
(8) The place of supply of services by way of transportation of goods, including by mail or courier to, –
(a) a registered person, shall be the location of such person;
(b) a person other than a registered person, shall be the location at which such goods are handed over for their transportation.
Provided that where the transportation of goods is to a place outside India, the place of supply shall be the place of destination of such goods.
 
It is further worth mentioning that the provisions contained in section 7(5) of the IGST Act, 2017 are also relevant for the purpose of determination of tax liability on freight paid on export of goods.
(5) Supply of goods or services or both,––
(a) when the supplier is located in India and the place of supply is outside India;
(b) to or by a Special Economic Zone developer or a Special Economic Zone unit; or
(c) in the taxable territory, not being an intra-State supply and not covered elsewhere in this section,
shall be treated to be a supply of goods or services or both in the course of inter-State trade or commerce.
 
After analysing the above provisions, it is found that the service provider is located in India and the place of supply as stated above is outside India so the transaction is to be considered as inter-state supply of services. However, in the present case, the service recipient is also located in India. Now, the question that arises is that whether the above provision in section 7(5)(a) of the IGST Act, 2017 indicates export transactions or is also applicable for transactions where supplier and recipient both are located in India? As per section 16 of the IGST Act, 2017, meaning of zero-rated supply has been given which includes export of services as defined in section 2(6) of the IGST Act, 2017. It is submitted that when export of services are separately defined and are treated under zero rated supply, the provision contained in section 7(5)(a) of the IGST Act, 2017 cannot be considered to have been intended to indicate reference to export of goods or services. Therefore, the scope of the provision contained in section 7(5)(a) of the IGST Act, 2017 is very wide and it covers within its ambit the transactions where the service provider and service recipient are located in India with place of supply outside India. Hence, GST will be leviable on the ocean freight paid on exports @ 5% and also on the air freight @18% w.e.f. 01.10.2022.
 
It is worth mentioning that such transactions in negative list regime of service tax were not liable to service tax on the premise that when place of supply is outside India, the transaction is undertaken outside the taxable territory. There was no such concept of inter-state supplies but the provisions of GST law differ in this respect. Although, the GST law is applicable to whole of India and also defines the term “taxable territory” under section 2(109) of the CGST Act, 2017 as territory to which the

provisions of this Act apply. However, as detailed above that in view of the provision contained in section 7(5)(a) of the IGST Act, 2017, the transaction of freight paid on export is considered as inter state supply and there is no specific exemption prevailing after 01.10.2022, the said transaction would be liable to IGST. The contention that GST should not be levied as place of supply is outside India, being in non-taxable territory would not be feasible.

 

Now, another issue that arises is the admissibility of ITC to the service recipient, being the exporter. It is to be noted that the shipping agencies mention the place of supply as “Non Taxable Territory” in the invoice issued by them. Consequently, it is probable that the transaction reflected in GSTR-2B of the recipient will tag it under “ineligible ITC”. Although, in our opinion, the ITC of the IGST so paid on export freight should be available to the exporter as the intention of the government has always been to incentivize exports but often the admissibility of ITC is disputed by the revenue authorities on such grounds. The leading shipping agencies such as DHL Logistics Pvt. Ltd. have already issued advisory regarding levy of IGST on the export freight charged by them. The intention to tax such transactions is also fortified from the news being reported that the said exemption was being granted in the initial years due to difficulties faced by the exporters in claiming refunds from the government but as the refund mechanism has been streamlined, the government has not extended the exemption on export freight. It is hoped that the government issues a clear cut clarification on this issue in the interests of exporters. 

provisions of this Act apply. However, as detailed above that in view of the provision contained in section 7(5)(a) of the IGST Act, 2017, the transaction of freight paid on export is considered as inter state supply and there is no specific exemption prevailing after 01.10.2022, the said transaction would be liable to IGST. The contention that GST should not be levied as place of supply is outside India, being in non-taxable territory would not be feasible.

 

Now, another issue that arises is the admissibility of ITC to the service recipient, being the exporter. It is to be noted that the shipping agencies mention the place of supply as “Non Taxable Territory” in the invoice issued by them. Consequently, it is probable that the transaction reflected in GSTR-2B of the recipient will tag it under “ineligible ITC”. Although, in our opinion, the ITC of the IGST so paid on export freight should be available to the exporter as the intention of the government has always been to incentivize exports but often the admissibility of ITC is disputed by the revenue authorities on such grounds. The leading shipping agencies such as DHL Logistics Pvt. Ltd. have already issued advisory regarding levy of IGST on the export freight charged by them. The intention to tax such transactions is also fortified from the news being reported that the said exemption was being granted in the initial years due to difficulties faced by the exporters in claiming refunds from the government but as the refund mechanism has been streamlined, the government has not extended the exemption on export freight. It is hoped that the government issues a clear cut clarification on this issue in the interests of exporters. 

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