Question15 :
As I have written in my trailing mail this is ATA Carnet consignment now due
to delay in return of the same from Defence department it became normal import
and customs charging duties with fine and penalty which was accepted by us. Now
the all expenses will be borne by overseas principle as a reimbursement. They
will remit required duties in our account now we need to bill them. Since this
is case of reimbursement so please advise regarding GST exemption. We are
billing them with GST but they are not ready to pay GST amount.
So we need clarity whether GST is livable or exempted in such case.
Answer:
We understand that in this case the custom will demand CVD and SAD , the tax
which was in force on the date of import Please note that If the CVD and SAD is
paid after the Implementation of GST then provision Of Section 142 of CGST Act
will applly and you will not get credit of it So being ITC not available it is a
cost to company. You can plead this argument to your counter part for recovery
of CVD and SAD amount. Please check the bill of entry and other relevant import
documents before taking any decision because the the view given may be changed
on the basis of facts which may be given on import documents. (Reply Dt.
20/12/2017)