NK Gupta Executive Director (L)

CA Meidini Aggarwal (R)

ca-meidini-aggarwal nk-guptaAn introduction of GST would certainly change the way of doing business in India due to substantial impact on the international transactions. This will not only impact the customs duty calculation, it will have impact on Foreign Trade Policy (FTP) and other allied acts such as SEZ Act.

The proposed GST model states that a supply of goods in the course of import shall be deemed to be a supply of goods in the course of inter-state trade and accordingly leviable to Integrated Goods & Service Tax (IGST). Presently, the customs duty is having three major components BCD, CVD & SAD. Under GST regime, levy of IGST on imports would subsume CVD & SAD. Also, it appears that EC & SHEC shall continue to be levied on imports of goods on BCD and other Duties under Customs Act except CVD and SAD which are going to be subsumed under GST.

Further, GST model proposed only transaction value based valuation. The concept of MRP valuation is not there under GST regime. Accordingly, there will be impact on customs duty payment on goods on which CVD is levied on MRP based valuation; since IGST would levy on transaction value. In proposed GST model, transaction value includes any taxes, duties, fees and charges levied under any other statute. It means while calculating IGST on imports, BCD should be added to the transaction value of Imports. If it is the case then all other customs duty such as anti-dumping duty, other additional duties shall also be added to the transaction value of imported goods while calculating the IGST on such goods. This would certainly impact the valuation, working capital and management of cross border transactions.

At present there are various exemptions available under excise law with/without condition and accordingly CVD is calculated considering those exemptions. In proposed GST model there are no such exemption would be available due to the reason of free flow of credit chain.

Additionally, under GST regime IGST paid on imported goods would be available as credit under import and sale model as compared to non-availability of CVD/SAD credit under that model except refund of SAD on complying with specific conditions. No such restriction on availment of credit has proposed under present GST model. On one hand more working capital would require under GST regime and on the other hand GST would decrease the cost of imports due to free flow of credit chain.

Under GST model, the concept of ‘sale’ shall change to the concept of ‘supply’. It would impact High Sea Sale transactions. In present tax structure, there are specific provisions which exempts the ‘High Sea sale’. As per proposed GST model no such exemption would be available and each supply would be liable to tax.

Impact on various Exemptions and Refund Mechanism under Customs Act:

To align with GST, the Customs Act/Rules and Foreign Trade Policy (FTP) needs to be reviewed including review of various exemption notifications which are presently available in customs. This may result in withdrawal of exemptions or converted into refund mechanism. Withdrawal of exemptions or refund mechanism may impact the attractiveness of Advance Authorisation, EPCG licence, duty draw back rate and duty credit scripts viz. SEIS, MEIS. There would certainly be an impact on all industry rate of duty drawback due to the fact that there shall be free flow of credit of IGST paid on imports. It may be possible that all industry rate of duty drawback would be limited to amount of BCD ingrained in export of goods.

As the view expressed is based on the understanding of the GST model so it would be equally important to wait for essential amendments in FTP, Customs Act/Rule and other allied Acts/Rules.

(Authors are associated with S S Kothari Mehta & Company)

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13 responses to “Impact of GST on Imports”

  1. C J RAMCHANDRAN says:

    TRANSFER OF MEIS LICENCE GST APPLICABLE NOT IF YES RATE OF GST

  2. C J RAMCHANDRAN says:

    TRANSFER OF MEIS LICENCE RATE OF GST APPLICABLE
    KINDLY CONFIRM

  3. Ganesh says:

    How much custom duty on educational equipment by GST

  4. ATUL says:

    I JUST WANT TO KNOW AFTER GST IF I AM IMPORTING GOODS FROM DIFFERENT COUNTRIES WHICH TAX I NEED TO PAY TO CUSTOM APART FROM
    BCD+CVD+EC+SHEVC+SAD

  5. sanjay agarwal says:

    i am a importer doing tungsten cabide from china, at present we are paying BCD+CVD+EC+SHEVC, now excatly which duty we have to pay, BCD is on our product now 10%, and GST now 18%,will we have to pay BCD+IGST or BCD+EC+SHEVC+IGST, how about claim, will v get Complete IGST drawback,please explain

  6. Ravindra Ghushe says:

    After 1st July 17 (implemented GST)
    Is education cess will continue to charge in Bill of entry?

  7. Saurabh says:

    i am an importer of all types of raw materials in speciality chemicals, textile chemicals from china and imported at mumbai for manufacturing as well as trading purpose.

    how will affect GST on the importing goods? and how to calculate landed cost at mumbai after GST implementation?

  8. mohd saqib says:

    i am importer of all type denim fabric from china and imported at chennai the transfered to U.P. for trading purpose.

    how will affect on our importing after GST?
    and how will much pay to me with all duties.

  9. Neeta Sharma says:

    Will the IGST on imports need to be paid if custom is not being levied on import? In such a situation, will it be payable along with the return we file in the next month?

  10. santosh Jain says:

    Respected Shri Kaushlendra Pratap Singh Deputy DGFT
    GST council has not specified rate for Intangibles such as REP Licenses, DFIA Import Licenses, Merchandise Exports from India Scheme (MEIS) , Export of Services (SFIS/SEIS). These licenses are treated as goods as per Supreme Court Judgment. Please clarify.

    Regards

    Santosh Jain

  11. Kritika taneja says:

    I am importing goods from thailand and imported at Mumbai the transfered to Gujarat. We pay BCD, CVD, SAD. From Gujarat the goods are transferred to Indore for manufacturing. Then it is transfered to Gujarat.
    Finally goods are sold all over India.

  12. shruti says:

    how is GST will affect importer n imported items?

  13. Naveen Rishi says:

    It would be interesting to know that how GST will impact high seas sales. My thinking is that GST will not be chargeable on high seas sales as the goods have not entered the Indian territorial waters. Comments are welcome.

    Naveen Rishi

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