IN RE : M/s FAIRMACS SHIP STORES PRIVATE LIMITED
GST
2018 (6) TMI 623 – AUTHORITY FOR ADVANCE RULING – ANDHRA PRADESH – 2018 (13) G. S. T. L. 423 (A. A. R. – GST)
AUTHORITY FOR ADVANCE RULING – ANDHRA PRADESH – AAR
Dated:- 25-1-2018
Advance Ruling No. AAR/AP/01(GST)/2017 In Application No. AAR/01(GST)/2017
GST
Sri. J.V.M Sarma (Member) and Sri. Amaresh Kumar (Member)
Present for the Applicant – Sri. K.V.J.L.N Sastry, (Advocate)
Present for the Jurisdictional Officer – Not attended
Ruling
M/s FAIRMACS SHIP STORES PRIVATE LIMITED (hereinafter also referred as an applicant), having GSTIN 37AAACF1406C1ZC are holders of Special Warehouse License No. 14/2016, issued under Section 58 (A) of The Customs Act, 1962 for storage of duty free ship 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' 2017 for the following quest
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esented the documentary evidences for the following:-
* Customs Special ware house license issued by Visakhapatnam customs house.
* Import Export Code Certificate issued by the DGFT
* Circular F.No. 21/31/63-CUS.IV, Dated: 17.08.1966, regarding concessions in respect of imported stores for Indian navy.
* Notification 123/93- Customs, Dated.14.05.1993 regarding concessions in respect of imported stores for Indian Coast Guard.
* Text of Customs Act' 1962 for section 87, 88 and 69
* Supply details for the Ship stores exported to Ocean going merchant ships on foreign run under section 88(a)
* Supply details for the ship stores exported to 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 a
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ct, 2017
“India” means the territory of India as referred to in article 1 of the Constitution, its territorial waters, seabed and sub-soil underlying such waters, continental shelf, exclusive economic zone or any other maritime zone as referred to in the Territorial Waters, Continental Shelf, Exclusive Economic Zone and other Maritime Zones Act, 1976, and the air space above its territory and territorial waters
As per Section 2 (47) of the Central Goods and Service Tax Act, 2017
“exempt supply” means supply of any goods or services or both which attracts nil rate of tax or which may be wholly exempt from tax under section 11, or under section 6 of the Integrated Goods and Services Tax Act, and includes non-taxable supply;
As per Section 7 (2) of the Integrated Goods and Service Tax Act, 2017
Supply of goods imported into the territory of India, till they cross the customs frontiers of India, shall be treated to be a supply of goods in the course of inter-State trade or co
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ever, the transaction of sale / transfer etc. of the warehoused goods between the importer and any other person may be at a price higher than the assessable value of such goods. Such a transaction squarely falls within the definition of “supply” as per section 7 of the Central Goods and Services Tax Act, 2017 (hereinafter referred to as, “CGST Act”) and shall be taxable in terms of section 9 of the CGST Act read with section 20 of the Integrated Goods and Services Tax Act, 2017 (hereinafter referred to as, “IGST Act”). It may be noted that as per sub-section (2) of section 7 of the IGST Act, any supply of imported goods which takes place before they cross the customs frontiers of India, shall be treated as an inter-State supply. Thus, such a transaction of sale/transfer will be subject to IGST under the IGST Act. The value of such supply shall be determined in terms of section 15 of the CGST Act read with section 20 of the IGST Act and the rules made thereunder, without prejudice to th
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