Goods and Services Tax – Started By: – Ethirajan Parthasarathy – Dated:- 3-8-2018 Last Replied Date:- 5-8-2018 – As per section 16 of IGST Act, supplies made to SEZ units & SEZ developers are treated as zero rated supply . But in the recent decision of AAR West Bengal in the case of Garuda Power Private Limited has ruled that : The Applicant shall be liable to pay tax when supplying to Units and Developers of Special Economic Zones subject to the provisions of section 16 of the Integrated Goods and Services Act, 2017. I request to learned friends to throw light on the meaning of ruling by AAR – Reply By Rajagopalan Ranganathan – The Reply = Sir, Section 16 of IGST Act, 2017 stipulates that- (1) zero rated supply means any of the follow
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ted 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 sanction of refund will be governed by provisions of Section 54 of CGST Act, 2017 and rule 96 and 96A of CGST Rules, 2017. – Reply By YAGAY andSUN – The Reply = You may claim refund on such paid IGST. – Reply By ANITA BHADRA – The Reply = In re Garuda Power Private Limited (GST AAR West Bengal) = 2018 (8) TMI 212 – AUTHORITY FOR ADVANCE RULIN
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