2021 (11) TMI 151 - AAR - GST

Imported goods sold directly from customs area don't require separate state registration under GSTIN rules

In Re: M/s. Kamdhenu Agrochem Industries LLP

The AAR Maharashtra ruled that for goods imported and sold directly from CFS/DPD within customs boundaries, the applicant need not obtain separate ... Requirement of registration in importing states other than Maharashtra - goods are imported, sold and delivered directly from CFS (Container Freight Station) / DPD (Direct Port Delivery) which is under the Customs Boundaries to customers from those States - requirement to obtain registration in State where the applicant is proposing to open a warehouse for sale of imported goods from such warehouse - issuing invoices under Maharashtra GSTIN is permissible in law for supply of imported goods from the proposed warehouse located in the State where the Applicant is not registered under GST or not. Whether the Applicant is required to obtain the registration in importing States other than Maharashtra, if goods are imported, sold and delivered directly from CFS (Container Freight Station) / DPD (Direct Port Delivery) which is under the Customs Boundaries to customers from those States? - HELD THAT:- As per the provisions of Section 7(2) of the IGST Act, 2017, supply of goods imported into India shall be treated as supply of goods in the course of inter - state trade or commerce and as per Section 5(1) of the Act, liable to IGST at the point when duties of Customs are levied on the said goods under Section 12 of the Customs Act, 1962. In respect of goods imported into India, as per provisions of Section 11 (a) of the IGST Act, 2017, the place of supply shall be the location of the importer. In the present case since the importer is registered in Mumbai, the place of supply will be Mumbai, Maharashtra. In the present case with respect to import of the goods, the place of supply is the location of the importer situated in Maharashtra. Since the applicant will be selling the goods before clearing the same for home consumption from the port of import, the place of supply shall be the place from where the applicant makes a taxable supply of goods which, in this case will be the Maharashtra Office. Hence, the applicant can supply the goods on the basis of invoices issued by the Maharashtra Office and, therefore, they need not take separate registration in the State of Import. Whether the Applicant is required to obtain registration in State where the applicant is proposing to open a warehouse for sale of imported goods front such warehouse? - HELD THAT:- In respect of goods the subsequent sale after the import is important factor, in respect of which the applicant is not paying attention. The applicant is more focused on import of goods. But there is also a subsequent sale/supply of said goods in the same State where import happens and in that case, registration is to be obtained in that State from where taxable supply originates. It is an origin based provision, requiring the registration to be taken in that State. If the situs of transaction in question is not within the state of Maharashtra, then as per provisions of section 96 of the Central Goods and service Tax Act 2017 (and similar provision under the MGST Act), the Maharashtra Advance Ruling Authority cannot acquire the jurisdiction over the questions raised, hence no ruling can be given on this question - the applicant is proposing to take a new warehouse on the eastern coast of India near a port, may be in Andhra Pradesh. As the proposed activity of taking a warehouse for the purpose of supply of imported goods is outside the state of Maharashtra, therefore, as per the provisions of section 96 of the Central Goods and service Tax Act 2017, the Maharashtra Advance Ruling Authority cannot acquire the jurisdiction over the question raised, hence no ruling can be given on this question. Whether issuing invoices under Maharashtra GSTIN is permissible in law for supply of imported goods from the proposed warehouse located in the State where the Applicant is not registered under GST? - HELD THAT:- As the supply of imported goods is from a state which is outside the state of Maharashtra, therefore, as per the provisions of section 96 of the Central Goods and service Tax Act 2017, this Authority cannot acquire the jurisdiction over the question raised. Further, it is also found that, the said question is whether invoices can be issued under Maharashtra GSTIN. Such question, being a question relating to a procedure to be adopted, does not fall under the purview of Section 97 of the CGST Act and therefore in view of the above, this question is not answered. Issues Involved:1. Requirement for registration in importing States other than Maharashtra.2. Requirement for registration in the State where the applicant is proposing to open a warehouse.3. Permissibility of issuing invoices under Maharashtra GSTIN for supply of imported goods from a proposed warehouse in a State where the applicant is not registered.Issue-wise Detailed Analysis:1. Requirement for registration in importing States other than Maharashtra:The applicant, an importer and reseller of chemicals, sought clarity on whether registration is required in States other than Maharashtra if goods are imported, sold, and delivered directly from CFS/DPD under Customs Boundaries. The ruling clarified that as per Section 7(2) of the IGST Act, 2017, the supply of goods imported into India is treated as inter-state trade. The place of supply is the location of the importer, which in this case is Maharashtra. Since the applicant sells the goods before clearing them for home consumption, the place of supply is Maharashtra. Therefore, the applicant can issue invoices from the Maharashtra office and does not need separate registration in other importing States.2. Requirement for registration in the State where the applicant is proposing to open a warehouse:The applicant proposed opening a warehouse in a State other than Maharashtra for storing and selling imported goods. The ruling referred to Section 10(1)(a) and Section 8(1) of the IGST Act, which state that the place of supply is the location where the movement of goods terminates. If the applicant stores goods in a warehouse in another State and sells them from there, it constitutes an intra-state supply, necessitating registration in that State. However, the Maharashtra Advance Ruling Authority stated it lacks jurisdiction over this question as it pertains to activities outside Maharashtra. The ruling cited a similar decision by the Rajasthan Advance Ruling Authority, emphasizing that jurisdiction is limited to the State under whose GST Act the authority is constituted.3. Permissibility of issuing invoices under Maharashtra GSTIN for supply of imported goods from a proposed warehouse in a State where the applicant is not registered:The applicant asked if it could issue invoices under Maharashtra GSTIN for goods supplied from a warehouse in another State. The ruling noted that since the supply originates from outside Maharashtra, the Maharashtra Advance Ruling Authority does not have jurisdiction over this question. Moreover, the question pertains to procedural aspects not covered under Section 97 of the CGST Act, and thus, the ruling did not address it.Conclusion:- The applicant need not obtain registration in importing States other than Maharashtra if goods are sold directly from CFS/DPD under Customs Boundaries.- No ruling was provided on the requirement for registration in a State where the applicant proposes to open a warehouse, as it falls outside the jurisdiction of the Maharashtra Advance Ruling Authority.- The question of issuing invoices under Maharashtra GSTIN for goods supplied from a warehouse in another State was not answered due to jurisdictional and procedural limitations.