2018 (6) TMI 702

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.... stores imported without payment of duty for supply to Indian Naval / Coast Guard ships and Ocean going merchant ships. 2. The applicant seeks Advance Ruling under Section 104 of CGST & SGST Acts' 2017for the following questions:- i. Whether they are exempted from tax under GST on their outward supplies made to ocean going merchant vessels on foreign run, Indian Naval Ships and Indian Coast Guard Ships or not ? ii. If at all they are liable for GST on their outward supplies whether they can collect the GST from the recipient for the goods namely:- • Ocean going merchant vessels on foreign run. • Indian Naval Ships • Indian Coast Guard Ships or from their authorized agents. 3. The Assist....

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....o Indian naval vessels under section 69 read with 87. • Supply details for the ship stores exported to Indian Coast Guard Ships under section 69 read with 87. • Import particulars including bill of entry and Re-warehousing certificate for the ship stores warehoused into customs special warehouse. 4. The relevant statutory provisions are reproduced hereunder for our examination of the issue: As per Section 2 (11) of the Customs Act, 1962 "Customs area" means the area of a customs station or a warehouse and includes any area in which imported goods or export goods are ordinarily kept before clearance by Customs Authorities As per Section 88 (a) of the Customs Act, 1962 The provisions of section 69 and ....

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....they cross the customs frontiers of India, shall be treated to be a supply of goods in the course of inter-State trade or commerce 5. We have examined the facts of the case as submitted by the applicant. It is observed that the goods which are received by the applicant are within the Customs area as defined under Section 2 (11) of the Customs Act, 1962. Accordingly goods cleared / supplied by the applicant is to be treated as supply of goods in the course of inter-State trade. Furthermore, the goods supplied by the applicant is also not an exempt supply as per the definition under Section 2 (47) of the Central Goods and Service Tax Act, 2017 as it is neither nil rated or being exempt by any Notification. 5.1 We have observed that, at ....