Refund of GST paid on Imports by foreign vendor

We had imported certain goods from Italy and while clearing the goods at Custom Station , its CHA paid the IGST on imports and mentioned our GSTIN on bill of entry. The vendor did not charge back the GST paid by him. Can we claim the Input Credit of such IGST paid by foreign vendor as the Bill of Entry mentions our GSTIN. All we have in documents is the Bill of Entry where under Importer details , our GSTIN and details are mentioned. And though the vendor has not directly charged back the amount but we have a whole project contracted with the them and we bear the cost of such project and definitely the vendor will consider this amount while charging the price.

Replies (5)
Quick Summary
This discussion explores whether a business can claim Input Tax Credit (ITC) for IGST paid on imported goods, even if the foreign vendor initially paid the tax. The key factor is that the importer's GSTIN was correctly mentioned on the Bill of Entry. While some debate exists if the credit can be claimed when the importer didn't directly pay, the consensus here is that if your GSTIN is on the Bill of Entry, you are generally entitled to claim the IGST as input credit, especially when the goods are part of a larger project cost borne by you.

Yes. It can be claimed by you.

Regards
R C D & Co.
Chartered Accountants
E : raj @ rcdco.in

Some professionals claim that since we haven't paid the amount , we cannot take the credit of the same. But even we have the same view as yours. Thanks for your view.

As your GSTIN was mentioned on the Bill of Entry you are entitled to claim IGST as Input Credit

And what about the fact that the IGST was not actually paid by us but borne by the supplier.

Also , the goods are supplied free of cost. Though we bear the overall cost of a Project as a part of which the goods are supplied free.

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