VidhiSangh

Supreme Court of India · 19/05/2022

UNION OF INDIA & ANR versus M/S MOHIT MINERALS PVT. LTD. THROUGH DIRECTOR

[2022] 9 S.C.R. 300 · 2022 INSC 596

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Summary

Importers of coal on CIF terms challenged Notifications 8/2017 and 10/2017-Integrated Tax (Rate), which levied 5% IGST on reverse charge on the Indian importer, as deemed recipient, for ocean freight paid by the foreign exporter to a foreign shipping line; the Gujarat High Court struck them down. Dismissing the Union's appeals, the Supreme Court held that the GST Council's recommendations are not binding on Parliament and the State legislatures, holding simultaneous power under Article 246A, though they bind the Government in framing delegated legislation; that the notifications were otherwise within Sections 5(3) and 5(4) of the IGST Act, the importer being the recipient by the fiction in Section 13(9) read with Section 2(93)(c) CGST Act; but that the levy violates Sections 2(30) and 8 of the CGST Act, a CIF import being a composite supply already taxed as goods.

Issues

  1. Whether the recommendations of the GST Council under Article 279A are binding on Parliament and the State legislatures, or only on the Government in the exercise of its delegated rule-making power under the CGST and IGST Acts.
  2. Whether Notification 10/2017, by naming the importer as the recipient liable to pay IGST on reverse charge, exceeds the power under Section 5(3) of the IGST Act to specify only categories of supply, and whether the taxable person, rate and value (10% of CIF) were validly prescribed.
  3. Whether the supply of transportation by a foreign shipping line to a foreign exporter, with destination in India, is an inter-State supply with sufficient territorial nexus, and whether the Indian importer on a CIF contract can be regarded as the 'recipient' of that service.
  4. Whether a separate IGST on the ocean freight component of a CIF import, on which IGST is already paid as a supply of goods, violates the principle of composite supply in Sections 2(30) and 8 of the CGST Act.

Provisions considered

Held

Result

Appeals dismissed; the Gujarat High Court's judgment of 23.01.2020 in R/SCA No. 726 of 2018 striking down the levy of IGST on ocean freight on CIF imports under Notifications 8/2017 and 10/2017-Integrated Tax (Rate) upheld on the ground that the levy on the service component violates Sections 2(30) and 8 of the CGST Act; the recommendations of the GST Council held not binding on Parliament and the State legislatures.

Judgment PDF: Supreme Court of India, [2022] 9 S.C.R. 300.