Custom duty + service tax

Queries 721 views 3 replies

I have a query Regarding the Payment of Service tax when Custom duty is paid on the  CIF Value!!!!!!!!

1.      Background 

X Ltd had placed a Purchase Order [PO] on M/s XYZ, Korea [Hyundai] for importation of Generator Transformer [GT] for US$ 3,100,000 on FOB basis.

The PO also states that at an additional cost of US$ 407,000, X Ltd can convert the delivery on CIF basis at Hazira Port. The said conversion from FOB to CIF shall be on subsequent confirmation in writing by X Ltd to M/s XYZ.

 

GT was imported into India and X Ltd had paid Customs duty on total value of US$ 3,507,000.

 

2.      Query:

 

·        Since the Custom duty has been paid on full value of US$ 3,507,000, it is our understanding that service tax is not payable on the subsequently confirmed additional CIF portion of US$ 407,000

Replies (3)

 Pls refer the case Mitsui & Co. Ltd vs Commissioner of Central Excise and Service Tax, Jamshedpur 2010(18) S.T.R.632 (Tri.-Kolkata), - where Kolkata CESTAT has held that if the Customs authorities have assessed something as goods, the value of the same cannot be considered for the purpose of levying service tax. Hope your doubt is cleared.

Thank you Brother!!!!

Thank you Brother!!!!


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