Case Law Details
In re Assistant Commissioner, CGST & CX, Tollygunge Division, Kolkata South Commissionerate (GST AAAR West Bengal)
From a plain reading of law laid down under section 16 of the GST Act, it is clear that, inter alio, input tax credit is available only when the recipient is in possession of a tax invoice or debit note issued by the supplier registered under the GST Act, and in case of a supply between distinct and/or related persons, as between Head Office and Branches, the value declared in the invoice shall he deemed to be the open market value of the goods or services supplied. It is therefore clear that if the value declared in such invoice is zero no input tax credit is available to the recipient.
FULL TEXT OF ORDER OF APPELLATE AUTHORITY OF ADVANCE RULING, WEST BENGAL
This Appeal has been filed by the Assistant Commissioner, CGST & CX, Tollygunge Division, Kolkata South Commissionerate (hereinafter referred to as the “Appellant”), on 06.07.2018 against the Advance Ruling No. 07/WBAAR/2018-19 dated 30.05.2018 pronounced by the West Bengal Authority for Advance Ruling.
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respected sir how to make sample cloth zero amount tax invoice under gst for regester gst costomer
We received imported certain machinery from Italy for a project with same Italian Vendor. We have paid the cost of Project in advance on a single invoice where it was mentioned that machinery required for project will be provided by Italian Vendor. So the vendor supplied machinery later and paid IGST on imports through its CHA and invoice for that machinery is Zero value. Can we claim the ITC on such inputs as Bill of Entry mentions our GSTIN and details as importer. Also , indirectly we have borne the cost of such machines imported by paying the Project Cost in lumpsum. Please Clarify.