Shivansh Ltd. imported a machine from Germany for 180 lakh during the month of March 2022 on payment of all duties of customs. Due to some technical…

CA Final · Indirect Tax Laws · RTP · May 2024
Shivansh Ltd. imported a machine from Germany for 180 lakh during the month of March 2022 on payment of all duties of customs. Due to some technical manufacturing defect the machine was exported (sent back) to supplier for repairs in October 2022. The machine was re-imported without any re-manufacturing or reprocessing in August 2023 after repairs. Since the machine was under warranty period, the repairs were carried out free of cost. However, the fair cost of repairs carried out (excluding cost of material 10 lakh) would have been 5 lakh. Actual insurance and freight charges (to and from) were 5 lakh (₹ 2.50 lakh each side). The ownership of machinery has not been changed during the period. You are required to advice Shivansh Ltd. on the concessions (if any) available for importation of the machinery after repairs, also state the conditions to be satisfied for availing such concession. Also compute the customs duty and integrated tax payable (if any) on the re-import of the machine after repairs. The rate of basic customs duty is 15% and integrated tax is 12%. Ignore Agriculture infrastructure and development cess.

Suggested Answer and Working Notes:

(a) As per Notification No. 45/2017 Cus. dated 30.06.2017, duty payable on re-importation of goods which had been exported for repairs abroad is the duty of customs which would be leviable if the value of re-imported goods after repairs were made up of the fair cost of repairs carried out including cost of materials used in repairs (whether such costs are actually incurred or not), insurance and freight charges, both ways. However, following conditions need to be satisfied for availing this concession: (a) goods must be re-imported within 3 years, extendable by further 2 years, after their exportation; (b) exported goods and the re-imported goods must be the same; (c) ownership of the goods should not change. Since all the conditions specified above are fulfilled in the given case, the customs duty payable on re-imported goods will be computed as under: Particulars ₹ Value of goods re-imported after exports [Cost of materials 10lakh + fair cost of repairs 5lakh + actual insurance and freight 5lakh] 20,00,000 Add: Basic customs duty @ 15% (A) 3,00,000 Add: Social Welfare Surcharge @ 10% on 3,00,000 (B) 30,000 Value for computing integrated tax 23,30,000 Integrated tax @ 12% (₹ 23,30,000 x 12%) - (C) 2,79,600 Customs duty and integrated tax payable [(A) +(B)+ (C)] 6,09,600

Topics: Customs: Valuation under the Customs Act, 1962

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