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        Case ID :

        IGST Exemption under GST [As per discussions in the 16th GST Council Meeting held on 11th June, 2017]

        June 12, 2017

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        IGST Exemption under GST

        [As per discussions in the 16th GST Council Meeting held on 11th June, 2017]

        I. Bilateral Commitments – Imports under Agreement between India and Pakistan /Bangladesh for regulation of Bus Service

        S. No.

        Notification

        Gist of the notification

        1.

        No.4/99-Customs, dated 08.01.1999

        1. Passenger bus; and

        2. Spares, fuel and consumables for the passenger bus imported under the Agreement between India and Pakistan for regulation of Bus Service between New Delhi and Lahore or under the Agreement between India and Bangladesh for regulation of Bus Service between Calcutta and Dhaka.

        These imports will be exempt from IGST.

        II. Technical Exemptions for Temporary import/Re-Import

        S. No.

        Notification

        Gist of the notification

        1.

        No.40/2015-Customs, dated 21.07.2015

        Import of Diamonds for Certification / Grading & Re-export in terms of Para 4.42 of the FTP 2015-20, by the agencies mentioned in Para 4.42 of FTP, without payment of all Customs duties after executing bond with Customs.

        These imports will be exempt from IGST.

        2.

        No.9/2012-Customs, dated 09.03.2012

        An exporter (with annual export turnover of ₹ 5 crore for each of the last three years) may export cut & polished diamonds (each of 0.25 carat or above) to specified testing agencies/laboratories abroad [as mentioned under paragraph 4.74 of the Handbook of Procedures] for testing.

        On their re-import [within 3 months from the date of export] such cut and polished diamonds are exempt from customs duties [BCD, CVD and SAD].

        These imports will be exempt from IGST.

        3.

        No exemption at present

        Inter-state movement of any mode of conveyance between distinct persons as defined under section 25(4) of the Central Goods and Services Tax Act, 2017, including

        i. Trains

        ii. Buses

        iii. Trucks

        iv. Tankers

        v. Trailers

        vi. Vessels

        vii. Containers

        a) Carrying goods or passengers or both; or

        b) For repairs and maintenance,

        [except in cases where such movement is is for further supply o fthe same conveyance]

        shall be treated neither as a supply of goods or supply of service and therefore, not be leviable to IGST.

        However, applicable CGST/SGST/IGST, as the case may be, shall be leviable on repairs and maintenance done.

        IGST exemption for specified cross border bus imports, temporary technical imports, and non-supply inter state vehicle movements. IGST exemptions cover specified imports under bilateral bus service agreements (passenger buses and related spares, fuel and consumables), technical temporary imports/re imports for certification or testing under prescribed customs notifications and bond conditions (notably for diamonds), and treat inter state movement of means of transport between distinct persons as neither supply of goods nor services-so not leviable to IGST-while repairs and maintenance of those conveyances remain taxable.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                IGST exemption for specified cross border bus imports, temporary technical imports, and non-supply inter state vehicle movements.

                                IGST exemptions cover specified imports under bilateral bus service agreements (passenger buses and related spares, fuel and consumables), technical temporary imports/re imports for certification or testing under prescribed customs notifications and bond conditions (notably for diamonds), and treat inter state movement of means of transport between distinct persons as neither supply of goods nor services-so not leviable to IGST-while repairs and maintenance of those conveyances remain taxable.





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                                ActsIncome Tax
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