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importer is required to pay IGST on the ocean freight

Shanti Prime Publication Pvt. Ltd.

Levy of IGST & availability of ITC on purchase of office furniture and fixtures—The applicant is seeking an advance ruling on the following matters—

  1. Whether under RCM, IGST should be paid by the importer on ocean freight in case of CIF basis contract, when service provider and service recipient both are outside the territory of India.
  2. If answer of point no.1 is yes, then what will be the supporting document for ' importer under RCM to take the credit of IGST paid on ocean freight under CIF basis contract?
  3. Whether credit will be available in GST of office fixtures 8s furniture, A.C. plant 8s sanitary fittings 'on' newly constructed building on its own account, for furtherance of business and accounting entry is capitalized in books of account.

Advance Ruling—

  1. In this regard it is observed that vide notification no. 8/2017- Integrated Tax (Rate) dated 28.6.2017 and notification no. 10/2017- Integrated Tax' (Rate) dated 28.6.2017 an importer is required to pay IGST on the ocean freight. Therefore as on date, even if the importer has already paid IGST on CIF value imported goods, he is still required to pay IGST on ocean fright.
  2. Credit of IGST paid can be taken on the basis of invoice/challan issued.
The credit of GST is available on office fixtures, furniture, A.C. and plant. provided that the registered person has not claimed depreciation on the tax component of the cost of the capital goods and plant and machinery under the provisions of the Income-Tax Act 1961. — [2018] 2 TAXLOK.COM 083 (AAR-Uttarakhand)
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