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

Input tax credit blocked when outward supplies are exempt or nil-rated; no refund for valuation mismatch under GST. Refunds are not available merely because customs-assessed value (and IGST paid) exceeds sale price; refund entitlement depends on an inverted duty structure where input tax rates exceed output tax rates. Input tax credit for CHA charges is claimable only to the extent those charges relate to taxable outward supplies; ITC is not available for exempt or nil-rated supplies.