HJK Ltd. a manufacturer of Cotton Grey Fabrics having its registered office located in Coimbatore, Tamil Nadu in the month of January, 2020 had imported a fabric making machinery from a supplier of Italy. HJK Ltd. entere

CS Professional · Advanced Tax Laws and Practice · PYQS · December 2020
HJK Ltd. a manufacturer of Cotton Grey Fabrics having its registered office located in Coimbatore, Tamil Nadu in the month of January, 2020 had imported a fabric making machinery from a supplier of Italy. HJK Ltd. entered into a contract agreement with RS Logistics Pvt. Ltd. a licensed customs broker having its office located in Bengaluru, Karnataka, to carry out and meet all the necessary legal formalities for getting the said machine cleared from the customs station of Kandla Port and thereafter to deliver the same to them in Coimbatore. HJK Ltd. also authorised RS Logistics Pvt. Ltd. in this context under the agreement to incur on their behalf, the various expenses in relation to clearance of the imported machine, payment of duties and charges which shall stand to be reimbursable to them on actuals. RS Logistics Pvt. Ltd. after clearance of machine raised an invoice in February, 2020 on HJK Ltd. as under: Particulars Amount (₹) Agency charges 6,40,000 Unloading of machine at Kandla port, Gujarat 50,000 Prepared and submitted Bill of Entry and customs duty paid 5,00,000 Dock dues paid 50,000 Travelling expenses 40,000 Telephone and other expenses 12,000 You, in this backdrop, are required by taking that the conditions specified in rule 33 of the CGST Rules, 2017 stand satisfied : (c) to state your answer when RS Logistics Pvt. Ltd. had charged an amount of ₹ 13,00,000 as a lump sum consideration for getting the imported machine cleared from the customs station and bringing the same to the warehouse of HJK Ltd. in Coimbatore.

Answer & Explanation:

Yes, answer would be different, if lump sum amount of ₹ 13,00,000 is being charged and paid because the nature of service will not be of a pure agent and in this case the value of taxable supply shall be ₹ 13,00,000 and GST shall be charged on ₹ 13,00,000 and not on ₹ 6,92,000.

Topics: Goods and Services Tax (GST)

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