The Central Board of Oblique Taxes & Customs (CBIC) won’t file a assessment petition in opposition to a ruling by the Supreme Court docket in favour of Mohit Minerals, quashing an Built-in Items & Providers Tax (IGST) levy on ocean freight below RCM (Reverse Cost Mechanism). Consultants say the authorized battle is closed for now, until the federal government amends the legislation.
The authorized cell of the board has communicated to the GST Commissioner of Mumbai Central that it will not file a assessment petition in opposition to the Might 19 ruling. The ruling has grow to be well-known for a court docket commentary which states that suggestions of the GST Council will not be binding on the federal government, which has triggered robust political debates.
Jatin Arora, Accomplice with Phoenix Authorized, stated the CBIC’s newest transfer is sweet information to these awaiting a refund of the GST paid by them.
Saket Patawari, Government Director with Nexdigm, feels the transfer can carry fast closure to authorized battles on the difficulty of taxability of GST on import freight, when the worth of freight is included within the worth of imported items.
Sudipta Bhattacharjee, Accomplice (Oblique Taxes & Customs), Khaitan & Co says: “It’s heartening to see that the federal government has determined to not problem this judgement, particularly given our historical past of retrospective amendments to overturn taxpayer-friendly judgements.”
Now, as there shall be no assessment petition and there’s no indication of a change in legislation, Patwari says importers ought to be capable to declare refund of IGST paid, topic to proving that they haven’t handed on the burden of IGST paid to their prospects (unjust enrichment), or haven’t taken enter tax credit score of the tax so paid.
“Refund past the limitation interval of two years might be a litigative situation until, initially, tax was paid below protest. Importers in such circumstances can depend on the apex court docket judgement to argue that the tax assortment was unlawful and, therefore, must be refunded even whether it is past two years,” he stated.
Bhattacharjee expects CBIC’s transfer to ship a optimistic message to the commerce and shall be a harbinger of an identical optimistic development vis-a-vis future taxpayer friendly-judgements. “This choice shall be a boon for Indian importers throughout sectors (who import on a CIF foundation), by bringing in long-term certainty of the tax place and consequent ease of enterprise.”
Nevertheless, Arora sees a lot wider implications of the Supreme Court docket order. When it’s held that CIF transaction is a composite provide, which can’t be bifurcated below the current scheme of legislation into particular person provides to levy GST, then ought to it not robotically exempt varied different parts of price and insurance coverage, involving actions undertaken by completely different brokers and sub-agents, from levy of GST?
“This would want detailed evaluation on a case-to-case foundation. Different observations associated to territorial nexus and the Authorities’s energy to declare any individual in India as an individual liable to pay GST, might have bigger implications on cross-border preparations. We might see extra such contentious points because the GST legislation would additional evolve,” he stated.