Page 82 - CA Final GST
P. 82

Badlani Classes




                              Transport of defense equipment                                      Exempt
                              Transport of books                                                      `20
                              Transport of organic manure  is exempt: but, of chemical fertilizers    `10
                              Transport of other goods (transport of  household effects  is taxable and    `4,560
                              demurrage  is includible in value)
                              Total taxable value                                                  `5,100

                 Que.        Compute GST from following in respect of transport of goods by vessel (all sums
                             excluding taxes) [General rate of GST is 5%]-
                              Transport  of  goods  from  Dubai  to  Indian  Customs  Clearance  Station  `100 lakh
                              (freight is paid by Mr. Tom viz. foreign exporter to D’Costa Shipping viz.   (freight)
                              foreign shipping lines).
                              CIF value of the goods is `900 lakh.
                              Transport by Inland waterways                                       `30 lakh
                              Transport of foodgrains, pulses &mik in India (including `10 lakh   `400 lakh
                              towards milk)
                              Transport of export goods from India to Dubai                      `400 lakh
                              Transport of goods in other cases (including `6 lakh ginned cotton @ `4   `410 lakh
                              lakh baled cotton)

                 Ans.                                 Computation of taxable value
                              1-  Transport of goods by vessel from Dubai to Indian Customs Clearance   100
                                  Station is liable to GST in India. Even if service is provided by foreign
                                  shipping  lines’ (person located  in  non-taxable  territory)  to ‘foreign
                                  exporter’ (person located in non-taxable territory), the service is not
                                  exempt, GST is payable under reverse charge by Indian importer or
                                  his agent/CHA.
                              Two options:
                              1.  If actual value is available, pay GST on full value @ 5% i.e. 100 lakh
                                 x 5% =5 lakh tax.
                              2.  If value of service is not available, value=10% of CIF (900 Lacs) =90
                                 Lacs,. Tax @ 5% i.e.4.5 lakh.
                              Here, actual value is available, hence even if it results in higher taxation,
                              same will be used.
                              2-  Transport by Inland waterways: `30 lakh – Exempt                 Exempt
                              3-  Transport of foodgrains, pulses & milk in India : `400 lakh – Exempt   Exempt
                              4-  Transport  of  export  goods  from  India  to  Dubai:  `400  lakh  –  Since   Exempt
                                  shipping  line  and  exporter  (both)  are  located  in  taxable  territory,
                                  hence, as per section 12(8), place of supply is location of registered
                                  person  (exporter)  or,  if  exporter  is  unregistered,  then,  location  of
                                  handling over goods.  In any case, PoS will fall in India.  However, it
                                  is exempted vide Entry 19B upto 30-9-2018.
                                  However, if recipient of service is located outside India, then, as per
                                  section 13(9), place of supply would be destination of goods- Dubai.
                                  Further, it would amount to export and would be zero-rated.
                              5-  Transport of goods in other cases                                    410
                                  Total tax                                                            510
                                  GST @ 5%                                                           25.50

                 Que.        From  the  following  information  pertaining  to  month  ending  30-09-2018,  compute  the
                             value of taxable supply if all charges are exclusive of GST-
                             (1)  Renting of bus to state transport undertaking : `15 lakh
                             (2)  Renting of goods vehicle to a goods transport agency: `25 lakh
                             (3)  Renting of cars designed to carry passengers to a goods transport agency: `20 lakh   Page81
                             (4)  Renting of dumpers : `15 lakhs




                                   Central Goods & Services Tax Act, 2017
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