Two petitions filed against IGST on ocean freight
element
New Delhi: Two
petitions have been filed in the Delhi and Mumbai high
courts against a provision in the GST regime. The
provision allows levying both the basic Customs duty and
IGST on cost, insurance, and freight (CIF) value of
goods brought into India, and also an IGST on ocean
freight between two foreign parties for movement of
these goods. While the Delhi High Court has admitted the
petition of Narendra Plastic, a similar petition was
filed by Victory Ventures in the Bombay High Court.
Suppose, some goods come
from Washington to London first before being shipped
further to Mumbai port. There is an element of ocean
freight between parties in Washington and London. This
cost could include steamship costs, broker commissions,
duties and tariffs, vessel and port maintenance costs,
labour costs, etc.
Now, the argument of the
parties, that have gone to courts, is that, when the
basic Customs duty and IGST is already paid on CIF
value, why should there be another tax on ocean freight
element, said Abhishek Rastogi of Khaitan & Co. He said
this would give rise to double taxation, as the ocean
freight element also includes CIF. Besides, how are
Indian parties concerned with transaction between two
oveseas parties, Rastogi asked.
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