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Issue ID: 114963
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Ocean Freight

Date 14 May 2019
Replies6 Replies
Views 2397 Views
Ocean freight GST: whether importer pays under reverse charge or faces double taxation after customs levy.
The document questions GST treatment on ocean freight for FOB imports where the CHA bills freight separately with GST. It records advice that the CHA should reimburse freight at actuals without markup and that the importer may be liable to pay GST on import of services under the reverse charge mechanism, while others flag potential double taxation and note a judicial stay on IGST levy on ocean freight. (AI Summary)

On imports, when contract is FOB, Ocean Freight is separately shown in Bill of Entry on which XYZ is paying import duty. CHA is charging this ocean freight to XYZ in his bill over and above his service charges and charging GST on it. Is it correct or XYZ is compulsorily required to pay GST under reverse charge on ocean freight and the CHA should show this amount in his invoice separately under non – taxable value?

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Replied on May 16, 2019
1.

Lot of confusion in case of ocean freight levy. In this case, possible solution could be to request the CHA to claim the reimbursement at actuals without markup. Levy on import can be by importer as importer is liable for GST on import of services.

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Replied on May 17, 2019
2.

Dear Sir,

It is a case of double taxation first as goods and thereafter as service (import). It is as per laws.

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Replied on May 20, 2019
3.

Gujarat High Court stays levy of IGST on ocean freight. Today's news.

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Replied on May 20, 2019
4.

Shri Kasturi Ji

Thanks for the update. The relevant judgment is available? Your guidance on my queries are also very useful.

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Replied on May 20, 2019
5.

Dear Sir, I can send you through WhatsApp. Your whatApp mobile.pl.

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Replied on May 20, 2019
6.

Shri Kasturi ji

My Cell: 9869004521. email ID: [email protected]

Thanks in advance for the kind help.

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