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AAAR set aside the ruling of AAR & pronounced that no GST shall be payable on buying/ selling of duty credit scrips.

Shanti Prime Publication Pvt. Ltd.

Levy of GST — In the instant case, the Appellant submitted that the ruling pronounced by the Advance Ruling Authority in so much as the sale or purchase of the DFIA will attract GST thereon, is completely misplaced in light of the minutes of the 22nd GST council meeting which explain that the Advance Authorizations are included in the Duty Credit Scrips.

In the instant case, the moot point is, whether DFIA (Duty Free Import Authorisations) is duty credit scrips or otherwise.

Held that—we conclude that the DFIA, also popularly known as duty paying scrips in the trade parlance, as discussed above, is equivalent to the duty credit scrips, as far as the tax treatment thereon, are concerned and accordingly, there will be nil rate of GST on the sale or purchase of DFIA as provided in Sr. 122A of the Notification 02/2017-C.T. (Rate).

We, hereby, set aside the ruling pronounced by the AAR and hold that the No GST is applicable on the sale or purchase of DFIA.Spaceage Syntex Pvt. Ltd., In Re… [2019] 10 TAXLOK.COM 084 (AAAR-Maharashtra)

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