Question 40:
We are exporters engaged in export of finished goods and we follow the
following process :
1.Procurement of finished goods from around India to our warehouse/godown
2.Pack/Repack the finished goods as per buyers' requirement and export it.
My query : Can we procure all the goods including packing goods against
concessional rate of IGST/CGST/SGST i.e. 0.1% as per IGST Notification No.
41/2017 dtd.23.10.2017.
Answer
Notification No. 41/2017-IGST (Rate) dated 23.10.2017 provides for concessional
rate of GST of 0.1% when goods are exported through merchant exporter. For
availing the said concession goods under export will either directly move for
export from the place of registered supplier to ICD/CFS etc. or will go to the
registered warehouse of the merchant exporter for aggregation. The relevant
provisions under the said Notification in this regard is reproduced below;
vi) the registered recipient shall move the said goods from place of
registered supplier '
(a) directly to the Port, Inland Container Deport, Airport or Land Customs
Station from where the said goods are to be exported; or
(b) directly to a registered warehouse from where the said goods shall be move
to the Port, Inland Container Deport, Airport or Land Customs Station from where
the said goods are to be exported;
(vii) if the registered recipient intends to aggregate supplies from
multiple registered suppliers and then export, the goods from each registered
supplier shall move to a registered warehouse and after aggregation, the
registered recipient shall move goods to the Port, Inland Container Deport,
Airport or Land Customs Station from where they shall be exported;
Your question is in two parts. First part is directly covered under clause (vi)
and you can receive supplies from various registered suppliers and aggegate them
in a registered warehouse after which you can move the goods to the ICD, Port of
export etc. There is no confusion in this regard.
The word aggregation means to total, cummulate, summate, combine, collect etc
but packing and repacking is not included in it It is simply putting goods
together
The intention of law maker is facilitate genuine problem of transportation so
that the merchant exporter can collect goods from different sources and when the
full container load is ready he can ship the material
Thus, second part of your question does not fit in the above said provisions of
the Notification. If you want to receive any kind of goods for the purpose other
than aggregation, then you will have to receive such goods against normal rate
of tax and not against concessional rate of 0.1%. As such facility under above
said Notification will not be available to you. (Reply dt. 28/3/2018)