Right from Service Tax era, there is a liability of tax in the hands of importers under reverse charge on Import ocean freight. For example, if an importer enters into CIF terms with shipper, the ocean freight is paid at origin itself but importer has to pay 5% IGST on prepaid Ocean freight under Reverse Charge mechanism.
At the same time, on CIF assessable value, which includes Ocean freight, again he has to pay IGST at the time of Customs clearance. Hence obviously an importer suffers tax twice on Ocean Freight.
M/S.MOHIT MINERALS PVT LTD has challenged IGST on import ocean freight under RCM before Gujarat High Court and a similar petition filed by M/s.Ghanshyamlal and Company.
Hon’ble Gujarat HC has granted stay on Import Ocean Freight IGST and issued notice to Tax Authorities & next hearing will be on June 19th.
Looks it is a good development and hope it should come as a relief to importers at large.
