Import of Goods

[Arif Kathiria]

Sir One of My Client is Importer and Imports Commodities like Soybean, Watermelon’s Seed (Taxable @5%) And Also Import Maize Seeds, Moth Beans, Etc (Exempted / Nil Rated)

My Question • At Time of Import of Soybean And Watermelons Seed Custom Authorities assessed Goods Value Decided by Government of India And Asked IGST On the Amount of Bill of Entry, But the Import price of same goods is lower compare to goods Price assessed by custom authorities, so at the Time of Sales My Client had Collected GST at LOWER rate as Compare to Purchase Paid on BE (Can I Get Refund on difference amount which is stuck in Credit Ledger due to above effect)

• Can I Avail GST Credit of Import Charges (charged By Custom Clearing Agent) For Goods Which are Exempted / Nil Rated?

[Cam Dinh]

Time of Import of Soybean And Watermelons Seed Custom Authorities assessed Goods Value Decided by Government of India And Asked IGST On the Amount of Bill of Entry

[Alkesh Jani]

Shri

In this case, I am of the view that you cannot get refund. Further, the refund can be claim for inverted duty structure that means if the rate of tax of inputs is higher than output. in your case, you have not mentioned at which rate of tax you sell if the same rate of 5% not refund can be claimed.

Refund is with regards to rate of tax and not value.

you can avail input tax credit in respect of CHA charges which is attribute to taxable supplies only.

[KASTURI SETHI]

I support the views of Sh.Alkesh Jani ji. GST ITC cannot be availed if the outward supply of goods or services or both is exempted or nil.

[Ganeshan Kalyani]

I agree with the views of both the expert.

AI Summary

Importer Queries GST Refund Eligibility on Seed Imports; Clarification on Input Tax Credit for Exempt Goods An importer inquires about GST issues related to importing commodities like soybean and watermelon seeds, which are taxable, and maize seeds and moth beans, which are exempt. The question centers on whether a refund can be claimed for the difference between the assessed value by customs and the lower import price, and if GST credit can be availed for exempt goods. Responses indicate that refunds cannot be claimed unless there's an inverted duty structure, and GST input tax credit cannot be availed for exempt or nil-rated goods, only for taxable supplies.