TaxTMI 
TaxTMI 
2024 (12) TMI 397
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.... void ab initio in accordance with Section 104 of the act. 4. The provisions of both the CGST act 2017 and APGST Act 2017 are the same except for certain provisions. Therefore unless a mention is specifically made to such dissimilar provisions, a reference to the CGST act would also mean a reference to the same provisions under the APGST Act 2017. 1. Preamble: The present application has been filed under Section 97 of the Central Goods & Services Tax Act, 2017 and AP Goods & Services Tax Act, 2017 (hereinafter referred to CGST Act and APGST Act respectively) by M/s. R.V Hydraulic Services., GSTIN 37DZIPR3608R1ZG (hereinafter referred to as applicant). 2. Brief Facts of the case: M/s. RV Hydraulic Services, located at Revenue Ward 60, 6-38-8/1, L.V Nagar, Patha Gajuwaka, Visakhapatnam, Andhra Pradesh, herein after referred as "The Applicant', offers specialized steel plate processing services and registered under GST act with GSTIN 37DZIPR3608R1ZG. Their main focus is on precision cutting, rolling, and bending of steel plates, producing pipes, bucket shells, and other custom-formed components for supply to various industries. The company with advanced machinery emphasizes s....
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....d the sale to the Applicant on March 22, 2024. The applicant pointed out that the machinery was installed in the factory premises and that they have already claimed ITC in the month of July, 2023, which was not reflected in the Credit Ledger. 3. Questions raised before the authority: The applicant sought advance ruling on the following: * Whether payment of IGST on purchase of goods even if Bill of entry not in the name of the applicant and that they can claim Input Tax Credit under GST. 4. Proceedings if any pending: 4.1. On Verification of basic information of the applicant, it is observed that the applicant is under Central Administrative jurisdiction i.e, Sheelanagar Range, Visakhapatnam Central Division. Accordingly, the application has been forwarded to the Central and State Tax authorities to offer their remarks as per Sec. 98 (1) of CGST /APGST Act 2017. 4.2 In response, remarks are received from the Central/State tax authorities concerned stating that no proceedings lying pending with the issue, for which the advance ruling sought by the applicant. 5. Admissibility of the application: The question raised as above appeared to fall under section 97 (2) (d) of CGST/S....
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....xhibition Centre (BIEC) from January 19 to 23, 2024. Further, the Applicant paid the remaining EURO 72,000 on January 18, 2024 to M/s Promau SRL, Italy. Following the exhibition, The Applicant paid the applicable customs duty of Rs. 20,92,682/- vide Ch.no-R-86/91 and MCM-050347458, dt.05-03-2024 through TR-6 Challan No. 050347458, dt. 07-03-2024 on behalf M/s Promau SRL, Italy. No Objection Certificate with respect to the clearance of the said item Davi Full Hydraulic Plate Roll (Model MCB F30) with Accs (1set) was given by the customs as the necessary duties have been paid along with applicable interest. The sale invoice was issued/raised by M/s Promou SRL, Italy to the Applicant vide invoice No.300/137, Dt: 06.02.2014 for an amount of EUR:80,000. Further, the e-way bill for the machinery was issued on March 20, 2024, and Promau SRL confirmed the sale to the Applicant on March 22, 2024. The applicant stated that the machinery was installed in the factory premises and that they have already claimed ITC in the month of July, 2023, which was not reflected in the Credit Ledger. The query raised by the taxpayer on the eligibility of the taxpayer's claim of ITC on TR6 challan is ....
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....on any imported article where such tax is leviable at any percentage of its value, the value of the imported article shall, notwithstanding anything contained in section 14 of the Customs Act, 1962, be the aggregate of - (a) the value of the imported article determined under sub-section (1) of section 14 of the Customs Act, 1962 or the tariff value of such article fixed under sub-section (2) of that section, as the case may be; and (b) any duty of customs chargeable on that article under section 12 of the Customs Act, 1962, and any sum chargeable on that article under any law for the time being in force as an addition to, and in the same manner as, a duty of customs, but does not include the tax referred to in sub-section (7) or the cess referred to in sub-section (9). Section of 16 of CGST Act stipulates the provision or Eligibility and conditions for taking input tax credit which reads as: Every registered person is entitled to take credit of input tax charged on any supply of goods or services or both which are used or intended to be used in the course or furtherance of his business. As per 16(2): ITC cannot be availed unless the taxpayer: * Is in possession of a Tax....
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....ertinent to mention here that the Customs Exemption Notification 08/2016, dated December 5, 2016, issued by the Government of India provides specific customs duty exemptions on goods imported for exhibitions or fairs in India. The goods imported in the present case were exempted from payment of duties relying on the above notification. The notification offers conditional exemptions from customs duties for certain goods imported temporarily for events such as exhibitions, fairs, conventions, and similar gatherings, including trade shows and demonstrations. This exemption helps companies avoid high customs duties on goods that are not intended for permanent sale or use in India but are displayed temporarily. To qualify for this exemption, the importer (in this case, M/s Promau SRL) shall submit a declaration to the effect that the goods imported are intended for display or use at an event in specified formats at the time of filing Bill of Entry. * The goods must be re-exported out of India within six months (or an extended period if approved). * The goods are subject to a bond or bank guarantee that ensures re-export, meaning they cannot remain in India indefinitely without duty ....