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How is VAT applicable to imports?

Overview of VAT on Imports

  • VAT is applicable to imported goods when they are brought into a state for sale, use, or consumption
  • Although Customs Duty and Countervailing Duty (CVD) are levied at the national level, VAT is imposed by the state
  • VAT is charged on the value of goods including basic customs duty and other import duties
  • Imported goods are treated at par with locally purchased goods for VAT purposes
  • The importer must be a registered dealer to claim input tax credit on VAT paid on imports

Calculation of VAT on Imported Goods

  • VAT is calculated on the assessable value, which includes CIF value + customs duties + landing charges
  • The applicable VAT rate depends on the nature of goods and the state’s VAT schedule
  • For example, electronics may be taxed at 12.5%, while basic items may be taxed at 4% or 5%
  • The VAT amount is added to the cost of imports, which then becomes part of the selling price
  • If the importer is not registered, the VAT paid becomes non-creditable, increasing the cost

VAT Registration and Compliance for Importers

  • Importers must obtain VAT registration in the respective state to legally import and sell goods
  • They must issue tax invoices when reselling imported goods within the state
  • VAT returns must include details of imported goods, tax paid, and credits claimed
  • Importers must keep proper records such as bill of entry, customs invoice, VAT challans, and transport documents
  • Non-compliance can result in penalties, disallowance of input tax credit, or confiscation of goods

Input Tax Credit on Imported Goods

  • Registered importers are eligible to claim input tax credit (ITC) on VAT paid at the time of import
  • The credit can be adjusted against output VAT payable on local sales
  • If the goods are used for exempt sales or exports, input VAT may not be creditable
  • Input credit is not allowed if the importer fails to produce valid documents and tax invoices
  • Proper bookkeeping and matching of purchase records are essential to claim ITC successfully

Post-GST Changes and Relevance of VAT on Imports

  • After GST was introduced in July 2017, VAT on imports was replaced by IGST (Integrated GST)
  • IGST is now applicable on imports and is creditable across states, unlike VAT which was limited to the importing state
  • However, VAT still applies to imports of alcoholic liquor, petroleum products, and certain local goods
  • Historical VAT rules remain relevant for old assessments, audits, and refunds prior to the GST era
  • Understanding VAT treatment on imports is important for settling legacy obligations and legal disputes

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