GST DAILY – 99 – Govt exempts 5% integrated GST on ocean freight imports from 1st October

GST DAILY – 99 – Govt exempts 5% integrated GST on ocean freight imports from 1st October

👉 The Finance Ministry has notified changes to the IGST Act with regard to payment of integrated GST on ‘ocean freight’ on imported goods with effect from October 1.

✔️ Currently, importers are required to pay 5 per cent GST under the Reverse Charge Mechanism.

✔️ In the Mohit Minerals case, the company challenged the validity of the CBIC notification regarding the levy of IGST on ocean freight in the Gujarat High Court. The Supreme Court upheld the decision of the High Court.

✔️ The Supreme Court  held that since the Indian importer is liable to pay IGST on the ‘composite supply’, comprising of supply of goods and supply of services of transportation, insurance, etc in a CIF (Cost Insurance Freight) contract, a separate levy on the Indian importer for the ‘supply of services’ by the shipping line would be in violation of the GST Act.

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