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GST Treatment on Diamond imported to export back

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GST Treatment on Diamond imported to export back

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  1. GST Treatment on Diamond imported to export back for cutting and polishing

  2. GST Treatment on Diamond imported • In this context of GST Treatment on Diamond imported, Central Board of Indirect Taxes and Customs has received several representations from trade and industry seeking clarifications in relation to the determination of POS in the following cases: – • Services rendered on goods temporarily imported in India – Place of supply in case of services rendered on unpolished diamonds received from abroad, which are exported after cutting, polishing etc.

  3. 1. Services in relation to activities performed on unpolished diamonds which are temporarily imported into India • Clarification by CBIC: • The CBIC has clarified the following: • Cutting and polishing activity are performed on the diamonds temporarily imported into India, which are not put to any use in India. • The Place of supply should not be determined as per Section 13(3)(a) of the IGST Act i.e., location where services are actually performed, on account of the exception available for services in respect of temporary import of goods for subsequent export (Second proviso to Section 13(3)(a). • The Place of supply should be determined as per the provisions of Section 13(2) of the IGST Act, as under: • Recipient – Location of Recipient (if address is available) • Location of supplier (if address of Recipient is not available)

  4. 2. Services by ports • Clarification by CBIC: • The CBIC has clarified the following: • The services are not related to an immovable property. Hence, the provisions of Section 12(3) pertaining to services in relation to an immovable property would not be applicable. • In the absence of a specific provision under Section 12 and 13 of the Integrated Goods and Services Tax Act, 2017 (‘IGST Act’), the POS of these services should be determined as per the residuary provisions under Section 12(2) and Section 13(2) of the IGST Act as under:

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