Question 55:
We are exporters engaged in export of finished goods and we have merchant
exports of following nature also:
1.We get Order from South African buyer to Supply Goods "X".
2.We place an order of supply for the goods "X" to a Chinese supplier and to
send the Goods to Our South African Buyer from China directly.
The goods is not coming to India nor going from India
How to classify the nature of this transaction of Sale and Purchase in terms of
export and import and where to show in GSTR-3B and GSTR-1 Return.
Answer
The transaction of " procuring of goods from foreign country and supply to
another country without bringing to India" is outside 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.
These transactions are to be shown as Non GST supplies in GSTR-1 and GSTR-3B.
(reply dt. 05/25/2018)