2024 (12) TMI 397 - AAR - GST

Foreign supplier imports exhibition machinery but applicant cannot claim Input Tax Credit without proper documentation under Section 16

In Re: M/s R.V Hydraulic Services.

In Re: M/s R.V Hydraulic Services. - TMI Issues Involved:1. Whether the applicant can claim Input Tax Credit (ITC) on the Integrated Goods and Services Tax (IGST) paid for the purchase of imported machinery when the Bill of Entry is not in the applicant's name.Detailed Analysis:Issue 1: Eligibility to Claim Input Tax Credit (ITC) on IGST Paid for Imported MachineryThe applicant, M/s. RV Hydraulic Services, sought an advance ruling on whether they could claim ITC on the IGST paid for machinery imported from M/s Promau SRL, Italy, when the Bill of Entry was not in their name. The machinery was initially imported for exhibition purposes under Customs Notification 08/2016, which exempts importers from paying applicable duties if the goods are imported temporarily for exhibitions and are to be re-exported.The applicant argued that they had paid the applicable duties, including IGST, and therefore should be entitled to claim ITC under Section 16 of the CGST Act, 2017. However, the legal provisions under Section 16(2) of the CGST Act and Rule 36(1)(d) require that the claimant possess relevant documents, such as the Bill of Entry, in their name to establish ownership and entitlement to claim ITC.The machinery was imported under a Bill of Entry in the name of M/s Promau SRL, C/o IMTEX, and not in the applicant's name. The customs duties were paid by the applicant on behalf of M/s Promau SRL after the exhibition. The key legal provisions considered include:- Section 5 of the IGST Act, 2017: This section outlines the levy and collection of IGST on inter-State supplies, including imports, which are treated as inter-State supplies.- Section 7 of the IGST Act, 2017: This section specifies that the import of goods is considered an inter-State supply.- Section 16 of the CGST Act, 2017: It details the eligibility and conditions for claiming ITC, requiring possession of a tax invoice or similar document, receipt of goods, payment of tax to the government, and filing of returns.- Rule 36 of the CGST Rules, 2017: It specifies the documentary requirements for claiming ITC, including the necessity for a Bill of Entry in the claimant's name.The ruling emphasized that the applicant lacked the essential documentation, specifically the Bill of Entry in their name, which is necessary to claim ITC. The TR-6 challan used for IGST payment did not satisfy the documentation requirements outlined in Rule 36 of the CGST Act. Consequently, the applicant was not eligible to claim ITC on the IGST paid for the imported machinery.Ruling:The Authority for Advance Ruling concluded that the applicant cannot claim ITC on the IGST paid for the purchase of goods when the Bill of Entry is not in the applicant's name. The ruling was negative, denying the applicant's claim for ITC under the given circumstances.