Vardhmaan Limited [hereinafter referred to as 'company'], registered in Delhi, has operations in multiple States across India. The company has taken…

CA Final · Indirect Tax Laws · RTP · May 2025
Vardhmaan Limited [hereinafter referred to as 'company'], registered in Delhi, has operations in multiple States across India. The company has taken separate GST registration in all the States where it operates. During the month of January, the tax team presented following information in its report to the management: The company sold goods valuing 5 crore from its warehouse located at Kandla Port, Gujarat to a buyer located in Ahmedabad by way of transfer of title in goods. The responsibility of clearance of goods shall be on the buyer. The goods were imported by the company from Vietnam and were not cleared for home consumption since then.The company got a favourable advance ruling order on a particular issue from the Authority for Advance Ruling, Rajasthan. The application was filed by the company through its registered place of business in Rajasthan.The company received an order from the Adjudicating Authority in Maharashtra, wherein a demand of tax amounting to 1 crore and penalty amounting to 10 lakh and interest amounting to 25 lakh was confirmed by the Adjudicating Authority. The dispute in this case was similar to the issue for which a favourable order from Advance Ruling Authority was received by the company in the State of Rajasthan as discussed in para 2 above. The company feels that it has a strong case in the matter before the Appellate Authority.The company has issued tax invoice in relation to certain supplies wherein the total tax collected from the recipients amounted to 3 crore. Subsequently, it was noticed that the supplies were not liable to GST and the amount has been wrongly collected by the company from the recipients of supply.A special audit was initiated by the Chartered Accountant nominated by the State Tax authorities of Madhya Pradesh against the company in the State of Madhya Pradesh. Based on the facts of the case scenario given above, choose the most appropriate answer to Q. Nos. 1 to 5 below:
(A) be liable to pay customs duty and IGST as applicable.
(B) be liable to pay customs duty only.
(C) be liable to pay IGST only.
(D) not be liable to pay any tax or duty.

Suggested Answer and Working Notes:

Correct Answer: Option (D)

not be liable to pay any tax or duty.

Topics: Place of Supply, Customs: Valuation under the Customs Act, 1962

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