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Case Law Details

Case Name : In re Khaitan Chemicals and Fertilizer (GST AAR Chhattisgarh)
Appeal Number : Advance Ruling No. ST/AAR/11/2020
Date of Judgement/Order : 04/01/2021
Related Assessment Year :
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In re Khaitan Chemicals and Fertilizer (GST AAR Chhattisgarh)

Payment of IGST under reverse charge mechanism (RCM) on deemed Ocean freight on import of goods (raw material) on CIF basis?

In terms of prevailing provisions of the IGST Act, 2017 and the Rules made there under as discussed above, the applicant in addition to IGST on import of goods levied under the Customs Act, 1962 read with the Custom Tariff Act, 1975 would also be liable to pay IGST on deemed ocean freight under reverse charge mechanism as stipulated under Notification No.10/2017-I.T.(Rate) read with Notification No.8/2017-I.T.(Rate).

FULL TEXT OF THE ORDER OF AUTHORITY FOR ADVANCE RULING, CHHATTISGARH

M/s Khaitan Chemicals and Fertilizer, Farhad, Somni, Rajnandgaon Chhattisgarh [hereinafter also referred to as the apolican1] has filed an application U/s 97 of the Chhattisgarh Goods & Services Tax Act, 2017 seeking advance ruling as to payment of IGST under Reverse Charge Mechanism (RCM) on deemed Ocean Freight on import of goods (raw material) on CIF basis. However, IGST has already been paid on total CIF value which includes the value of ocean freight.

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