GST ON LABOUR CHARGES, RCM ON IMPORT, ETC...

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This discussion clarifies several GST queries for a manufacturing company. It addresses whether GST is applicable under RCM for labour services from an unregistered contractor (it's not). It also clarifies that IGST is not payable on imports under an advance authorisation scheme. Finally, it explains that a refund of IGST paid on exports cannot be claimed if the advance authorisation scheme was used to avoid paying IGST on imports.

NIRMAL DAVE

NIRMAL DAVE (Querist)

31 January 2022 Dear All,

I have certain question regarding GST as below:

1. Manufacturing Company receive labor service in relation to packing of goods from one contractor. Contractor is unregistered person in GST. Whether company is liable to pay GST under RCM in such situation?

2. A manufacturing company import certain goods under advance authorization scheme. Whether a company need to pay IGST under RCM in such a case?

3. A Manufacturing company take the advantage of advance authorization scheme and not paying IGST on import. In such a case is company eligible to claim refund of IGST paid on export done by it?

Please do the needful.

Thanking You.

CA R SEETHARAMAN

CA R SEETHARAMAN (Expert)

01 February 2022 1 RCM not applicable on labour service.
2 IGST not payable.
3 yes, refund of IGST can be claimed.

CA Altamush Zafar

CA Altamush Zafar (Expert)

02 February 2022 If you are importing under advance authorization then export obligation under advance authorization cannot be done via payment of IGST.