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Re-import under GST

SURYAKANT MITHBAVKAR

We have exported Machine in month of Sept-18.

Nw we have to Re-import the same machine for repairing purpose.

Whether IGST is applicable on the same. If yes can we avail the ITC for the same.

IGST Payment Required on Re-Importing Machines for Repair; Explore Exemption Under Customs Notification 158/95 A discussion took place regarding the re-importation of a machine initially exported under a Letter of Undertaking (LUT) for repair purposes and the applicability of Integrated Goods and Services Tax (IGST) on the re-import. It was clarified that IGST must be paid as per Notification No. 45/2017-Customs, and Input Tax Credit (ITC) can be availed. If any export incentives were initially claimed, they must be repaid with interest. An alternative under Customs Notification 158/95, which exempts customs duties including IGST, was suggested, but conditions must be fulfilled. It was advised to verify the most beneficial option. (AI Summary)
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Alkesh Jani on Aug 20, 2019

Sir, Please elaborate your query, as was export under LUT/ or under claim of refund of IGST Paid.?

Thanks

With regards

SURYAKANT MITHBAVKAR on Aug 21, 2019

Export done under LUT

Alkesh Jani on Aug 21, 2019

Sir,

In this regards, You are require to pay IGST in terms of Sl.No. 1 (d) of Notification No. 45/2017-Customs dated 30.06.2017. You can avail ITC of IGST paid.

Thanks

With regards

YAGAY andSUN on Aug 21, 2019

Any incentive if availed at the time of export then you would also have to re-pay it along with interest at applicable rate.

DR.MARIAPPAN GOVINDARAJAN on Aug 26, 2019

I endorse the views of Shri Alkesh and Sri Yagay

Raghunandhaanan rvi on Aug 26, 2019

Sir,

You can clear the goods for repair and re-export under Customs Notification 158/95

under which No customs duties including IGST Payable

Alkesh Jani on Aug 26, 2019

Sir,

The Customs Notification No.158/1995 is lastly amended vide Notification No.60/2018-Cus dated 11.09.2018. The Annexure is inserted and as it is a conditional Notification all the conditions are required to be fulfilled. However, It is better to avail Notification 45, ITC can be availed instead of executing Bond. Moreover, you can opt for this after due verification of Customs Tariff heading and calculation to be made which is beneficiary to you.

Thanks

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