Page 14 - GSTL_16 April 2020_Vol 35_Part 3

xii GST LAW TIMES [ Vol. 35
IGST - Levy of IGST on imports under EPCG Scheme, validity thereof - See
under IMPORT ................................... 261
IGST levy on imports under EPCG Scheme, validity thereof - See under
IMPORT ....................................... 261
Import under Export Promotion Capital Goods (EPCG) Scheme - Levy of
IGST - Amendment to Notification No. 16/2015-Cus. with effect from 1-
7-2017 by Notification No. 26/2017-Cus. - Validity - Requirement for
importers to pay IGST and take Input Tax Credit as applicable under
GST Rules - Notification No. 16/2015-Cus. though statutory notification
issued in exercise of powers under Section 25 of Customs Act, 1962 but
not an exemption notification simpliciter - Said notification issued to give
effect to EPCG Scheme floated under Foreign Trade Policy, an incentive
scheme - Said notification and amending notifications cannot be equated
with statutory notifications ordinarily issued - Commercial invoice
issued by exporter on 16-5-2017 but Goods and Services Acts coming into
force before actual import of goods - Notification No. 79/2017-Cus.
amending Notification No. 16/2015-Cus. with effect from 13-10-2017 and
import of capital goods covered by a valid authorisation under EPCG
Scheme exempted from payment of Integrated Tax and Goods and
Services Tax Compensation Cess - No express provision exempting
import of goods under EPCG Scheme from payment of Integrated Tax for
short-period from 1-7-2017, when Integrated Goods and Services Tax Act,
2017 came into force till 13-10-2017 - Clear that intention of Central
Government was to grant that total exemption from payment of
additional duty under EPCG Scheme - Notification No. 26/2015-Cus. to
extent it limited exemption from payment of additional duty under
Section 3 of Customs Tariff Act, 1975 to sub-sections (1), (3) and (5)
thereof, repugnant to policy declared by Central Government under
Chapter 5 of Foreign Trade Policy, 2015-20 - Action of Authorities in
levying Integrated Tax and Compensation Cess on import of capital
goods by assessee under a valid authorisation under EPCG Scheme not
being in consonance with Foreign Trade Policy, 2015-20 not sustainable -
Addl. D.G.F.T. Trade Notice No. 11/2018, dated 30-6-2017, to extent it
states therein that under Chapter 5 importers would need to pay IGST
also rendered unsustainable - Consequently, subject to fulfilment of
conditions contained in Foreign Trade Policy, 2015-20 and exemption
Notification No. 16/2015-Cus. as amended from time to time, assessee
continue to enjoy exemption from payment of additional duty under sub-
section (7) and sub-section (9) of Section 3 of Customs Tariff Act, 1975
even during period 1-7-2017 to 13-10-2017 - Assessee entitled to refund of
additional duty paid by it during said period — Prince Spintex Pvt. Ltd. v.
Union of India (Guj.) ................................... 261
Infrastructural support facilities provided to book-makers in Race Clubs,
fee and commission leviable to Service Tax under BSS - See under
BUSINESS SUPPORT SERVICE (BSS) ....................... 289
Input services used in export of output services in pre-GST regime, refund
of Cenvat credit admissible in post-GST regime - See under
REFUND/REFUND CLAIM ............................ 297
INTEGRATED GOODS AND SERVICES TAX ACT, 2017 :
— See under IMPORT ................................. 261
— Section 13 - See under PRINTED BOOKLETS ................... 366
GST LAW TIMES  16th April 2020  134