• GST filing for imports

Hi. I'm planning to resell Korean beauty products through my own online portal. Currently, importers of cosmetics are required to have a Registration Certificate under the Drugs And cosmetics Act. That's a very tedious process and I'm not going to register as a reseller initially at least. I'll be ordering in smaller quantities (like many other resellers here). My question is How will I file GST return without showing IGST paid on customs? If I do pay customs duty for bigger quantities, how do I include that as well in the GST software? Will not having a registration certificate affect my GST filing and how much GST should I charge customers?
Asked 7 years ago in GST

Dear Sir,

1) At the time of clearance of products from the customs, you need to pay IGST on all imports. Later on you can claim refund of it.

2) Custom duty paid is cost for you as no set-off is available of the same with other taxes such as GST. You can add it in the cost of the product in the software.

3) If you are selling within India, you need to issue tax invoice and charge GST on the taxable value (Cost+margin) as per the rate specified for the beauty products. If you will export then you should apply for LUT (Letter of undertaking) for export without payment of taxes.

4) Apply for registration as early as possible if you have started your business.

Thanks

Vivek Kumar Arora
CA, Delhi
5007 Answers
1134 Consultations

Hi,

Hope you are doing well !

1. You have to pay IGST on all imports. You can claim refund as well.You can not file GST return without showing IGST paid on customers.

2. Custom duty-It is your cost . You can add it in the cost of product.

3. Please apply for GST registration. It is necessary for Domestic as well as Foreign transaction (Import/Export).

4. GST should be charge @ 18%.

Thanks & Regards,

Payal Chhajed

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Dear Sir,

Registration certificate under GST is issued for entire business and not product wise. In case of import it is impossible to import without GST as there is no threshold limit i.e. even if its cost is Rs. 1 you need to pay GST. Under GST returns you need to mention both import and sale figures.

Thanks

Vivek Kumar Arora
CA, Delhi
5007 Answers
1134 Consultations

Hi,

Registration certificate not for each and every cosmetic product, it is for entire business.

You need to mention IGST in the GST return, you can not file without it if you are doing import .

Thanks & Regards,

Payal Chhajed

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

Hi

You need a GST registration.

For all the imports, apart from paying custom duty (if applicable), you need to pay IGST. You can claim its ITC.

For sales outside India, apply for LuT and export without payment of GST.

For sales in India, charge GST at the rate applicable to your products in the tax invoices.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

Sorry, I don't deal with registrations under Drugs and cosmetic Act.

Though your registration under the aforementioned Act would not affect GST payments and return filing, but if such registration is mandatory under the Act, it's advisable to take the registration.

Lakshita Bhandari
CA, Mumbai
5687 Answers
942 Consultations

Hi,

Thank you for your clarification in feedback.

All cosmetic products that are imported for sale in India need to be registered with the licensing authority as defined under Rule 21 of Drugs & Cosmetics Rules, 1945.

Thanks & Regards,

Payal Chhajed

Payal Chhajed
CA, Mumbai
5189 Answers
302 Consultations

You can show it as purchased from unregistered dealer. But by doing so you wont be able to claim credit for IGST paid.

Chirag Maru
CA, Raipur
211 Answers

Hi,

1.You will need to pay IGST on the imports.

2. Customs duty is your cost and you can add that to the price at which you will sell your products.

3. Gst will be @18%. It is advisable to be registered.

Regards,

Nikhil.

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

Hi,

As far as the registration certificate is concerned, apologies but I am not very conversant of those rules. However, if it is mandatory it is advisable to take the registration for your products.

Regards,

Nikhil.

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

Hi,

You will have to pay IGST to show the import in GST returns.

You cant show it in GST return if you are not paying IGST

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

As I understand that you will be raising Tax invoices through your online platform but you don't have valid purchase as you don't want to obtain license from relevant department. please not that if you want to pay IGST/custom on import then you have to take GST registrations else it would not be possible to import.

So without having purchases you can't sell anything that is your problem, for that you can purchase same HSN code item from local market and sell your Korean product, else I don't think there will be any solution.

Varun Chawla
CA, Ghaziabad
74 Answers
1 Consultation

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