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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 on re-imported goods for repair is payable, with IGST available as Input Tax Credit as an alternative to bonds. Re-importation of exported machinery for repair attracts IGST when export occurred under a Letter of Undertaking; the IGST paid is available as Input Tax Credit. Conditional customs relief for repair clearances exists but requires strict compliance with amended annexure conditions. Export incentives previously availed may require repayment with interest if scheme conditions are breached. (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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