TaxTMI 
TaxTMI 
2019 (7) TMI 848
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....bour, Goa - 403803 seeking an Advance Ruling in respect of the following question: "Whether IGST at 5% of assessable value is applicable on import of iron ore for conversion into pellets and export the resultant product (Iron ore pellets) back to the same supplier in view of the fact that import duty is not applicable in view of the exemption under General Exemption No. 66 (Exemption Notification No. 32/97-Cus dated 01st April, 1997) for job work.". The applicant is in the business of mining, ship building, ship repair and pelletisation. The applicant has a pelletisation plant for the manufacture of iron ore pellets using high-grade iron ore. The applicant proposes to enter into a contract with a non-resident party for rending service ....
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....l be liable to pay the IGST under applicant GSTIN as the applicant in any case is the consignee of the imported Iron ore. 3. If answer to question 2 is yes, whether the applicant can avail the input Tax Credit for the IGST so paid as per section 16 of the CGST Act, 2017. 4. Whether the applicant can claim refund of unutilized input tax credit on export of services as per section 16(3)(a) of IGST Act and 54(3) of CGST Act. The point-wise reply to the applicant's queries is as follows - Point No. 1 & 2: The applicant is liable to pay IGST or not is determined as per the provisions of Section 5(1) of the IGST Act, 2017 which reads as under: (1) Subject to the provisions of sub-section (2), there shall be levied a tax called the Int....
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.... concerned, the authority in the absence of any relevant notification quoted by the applicant is not able give an advance ruling on the rate of tax. Point No 3: To examine whether the applicant can take input tax credit of IGST paid at the time of import, provisions of Section 16(1) of CGST Act, 2017 are applicable which reads as under- (1) Every registered person shall, subject to such conditions and restrictions as may be prescribed and in the manner specified in section 49, be entitled to take credit of the input tax charged on any supply of the goods or services or both to him which are used or intended to be used in the course or furtherance of his business and the said amount shall be credited to the electronic credit ledger of suc....
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....ervices except the services specified in sub-sections (3) to (13) shall be the location of the recipient of services: Provided that where the location of the recipient of services is not available in the ordinary course of business, the place of supply shall be the location of the supplier of services. (3) The place of supply of the following services shall be the location where the services are actually performed, namely:- (a) services supplied in respect of goods which are required to be made physically available by the recipient of services to the supplier of services, or to a person acting on behalf of the supplier of services in order to provide the services: Provided further that nothing contained in this clause shall apply in t....
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....h conditions, safeguards and procedure as may be prescribed, without payment of integrated tax and claim refund of unutilised input tax credit; or (b) he may supply goods or services or both, subject to such conditions, safeguards and procedure as may be prescribed, on payment of integrated tax and claim refund of such tax paid on goods or services or both supplied, in accordance with the provisions of section 54 of the Central Goods and Services Tax Act or the rules made thereunder. The provisions of Section 54(3) of the CGST Act, 2017 reads as under: (3) Subject to the provisions of sub-section (10), a registered person may claim refund of any unutilised input tax credit at the end of any tax period: Provided that no refund of unutil....