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AAR verdict on high sea sale

19 June 2020

As per the below link, AAR verdict says GST on high sea sale of merchant trade transactions has to be levied as if it's interstate transaction and IGST applicable. Can someone provide insight into this? from when is this effective?

Link:

https://www.outlookindia.com/newsscroll/goods-purchased-sold-overseas-liable-to-gst-in-india-aar/1870001

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5 Replies

Hemal Makwana (Designation) (771 Points)
Replied 19 June 2020

Please refer amended schedule III of CGST act. it will solve your doubt. AAR is issued before amendment in law, hence, that advance ruling may be applicable only before the date of amendment in schedule III.

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Pankaj Rawat (GST Practitioner) (55047 Points)
Replied 19 June 2020

Yes Agree with

1 Like

Shivam RC (Student) (23683 Points)
Replied 20 June 2020

What about the recent Advance Ruling given by Gujarat Authority for Advance Ruling in the case of Sterlite Technologies Limited ???

They have ruled that GST would be applicable on Merchant Trading ???

Is this ruling absurd too ???

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Hemal Makwana (Designation) (771 Points)
Replied 20 June 2020

Yes undoubtedly. it completely ignores the amendment carried out in schedule III. interestingly, date of application is too old. may be they have arrived at solution for period prior to amendment.

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Pankaj Rawat (GST Practitioner) (55047 Points)
Replied 20 June 2020

As per Amendment Act , 31 of 2018 , the Merchant Trading being inserted under s.no.7 of Schedule III , effective from 1/2/2/19 , so it's. Neither the supply of Goods nor supply of Services.
Moreover in term of Section 103 of CGST , the advance ruling pronounced by the authority is applicable only on Applicant one who sought for It.

(M/s sterlite definately go for AAAR )

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