Question 37:
Our company has its registered and gst registered office in Jaipur , purchasing goods from china and not bring the same to India but directly selling the china goods to USA
for the above, china party will issue import invoice in $ mentioning buyer as our company and goods delivered at USA
Jaipur company issue export invoice to USA company in $ without charging any GST
Whether our practice is proper or we have to charged GST , if we are liable to charged or not Under WHICH Provision,

 Answer
The transaction of " procuring of goods in foreign country and supply to another country without bringing to India" outside the the purview of "Import of goods"  and "Export of Goods" according to Definition given under IGST Act under section 2(5) and 2(10).
The same is as follows:-
(5) 'export of goods' with its grammatical variations and cognate expressions, means taking goods out of India to a place outside India;
(10) ''import of goods' with its grammatical variations and cognate expressions, means bringing goods into India from a place outside India;
Thus the above transaction is outside the scope of levy of Integrated tax as per section 5 of IGST act and you are not required to charge IGST on Invoice. .(REPLY dt. 17/2/201