Points for discussion
- Tax implications on freight forwarder and exporter of goods
- Impact on account of withdrawal of exemption entries available to freight forwarder
- Place of supply provisions relating to freight forwarder and exporter as well as proposed changes in those provisions vide Finance Act, 2023.
- Impact of above-mentioned changes on refund available to exporter of goods.
Before analyzing these changes, let us first understand the flow of the transaction.
Transaction flow
Mr X is the trader of goods. Mr X intends to supply goods to Mr Y. As per the contract, Mr X is responsible for arranging transport facility for Mr Y. Therefore, Mr X hires transporter ABC Ltd to transport goods from his location to the location of Mr Y.
There are two parts in the above example which are discussed as under:
Part 1 - ABC Ltd provides transportation service to Mr X
ABC Ltd is supplier of transportation service and Mr X is the recipient of transportation service. Accordingly, Mr X will pay consideration ABC Ltd for transportation service.
Part 2 - Mr X supplies goods to Mr Y
Mr X is the supplier of goods and Mr Y is the receiver of goods. Mr X also provides transportation facility to Mr Y. Accordingly, Mr Y will pay consideration to Mr X for supply of goods and transportation services.
Considering the above example, let us understand the GST implication on these transactions:
GST implications on Part 1 - ABC Ltd provides transportation service to Mr X
I. Exemption Notifcaiton
- Notification No 12/2017- CT(Rate) dated 28 June 2017 provides exemption for services of transportation of goods as under:
- Services by way of transportation of goods by an aircraft from customs station of clearance in India to a place outside India [Entry 19A]
- Services by way of transportation of goods by an vessel from customs station of clearance in India to a place outside India [Entry 19B]
The above-mentioned entries provide exemption to service of transportation of goods by aircraft or vessel from India to outside India. The exemption is available to all airlines and shipping lines operating in India. This exemption will reduce the cost of freight expenses for exports.
The above exemptions were withdrawn from 1 October 2022]
Sr No 18 of the Notification No 12/2017- CT(Rate) dated 28 June 2017 provides exemption to servicers of transportation of goods by road as under:
Services by way of transportation of goods-
(a) by road except the services of:
(i) a goods transportation agency;
(ii) a courier agency;
(b) by inland waterways
As per above exemption, the transportation of goods by road except by Goods Transport Agency is exempted supplies as specified in this entry.
II. Place of supply provisions
A. Supplier and Recipient of transportation service are in India
Where the location of the supplier as well as location of recipient of transportation services is within India then place of supply shall be determined under Section 12(8) as under:
(8) The place of supply of services by way of transportation of goods, including by mail or courier to,
(a) a registered person, shall be the location of such person;
(b) a person other than a registered person, shall be the location at which such goods are handed over for their transportation.
Provided that where the transportation of goods is to a place outside India, the place of supply shall be the place of destination of such goods.
Sub-Section (8) provides that place of supply of service by way of transportation of goods including mail or courier shall be, in case service provider is a registered person, the location of such person and in case it is provided to a unregistered person, it will be the place where the goods are handed over.
However, the proviso states that where goods are transported outside India then the place of supply shall be place of destination of such goods. It is to be noted that the Finance Act, 2023 has proposed to delete the above-mentioned proviso. Accordingly, once the proposed changes are notified, the place of supply when goods are transported outside India will be determined either as per clause (a) or clause (b) of Section 12(8).
B. Supplier or recipient of transportation service is outside India
Where the location of either supplier or location of the recipient of transportation services is outside India then the place of supply shall be determined under Section 13(9) as under:
(9) The place of supply of services of transportation of goods, other than by way of mail or courier, shall be the place of destination of such goods
As per section 13(9) of the IGST Act, place of supply of service for transportation of goods other than by mail or courier will be the place of destination of goods. In case of services of transportation of goods, the place of supply of service shall be the location of the person liable to pay tax.
It is noted that the Finance Act, 2023 has proposed to delete this entire provision. Accordingly, the place of supply for the above-mentioned services will be determined as per Section 13(2) once the proposed changes are effective.
The implications under current provisions and effect of proposed changes are explained with the help of scenarios in the video attached.
GST implications on Part 2 - Mr. X supplies goods to Mr. Y
Section 15(1) of the CGST Act provides that the value of supply of goods or services shall be the transaction value. Further, the transaction shall include various items listed in Section 15(2) which inter-alia includes any amount charged by the supplier for anything done in respect of supply either at the time or before delivery of goods or services. Thus, incidental expenses incurred for supply of goods or services are also required to be included in the transaction value.
In view of the above, the value of supply will include value of goods as well as transportation charges.
Further, the person exporting goods has the option to export goods with payment of tax or without payment of tax under LUT. In both the options, exporters are eligible for a refund.
The impact of the above-mentioned changes, discussed in part 1, with numerical examples on refund to exporters is discussed in the video attached.
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