• Cross border right to use or lease

When a particular product like car or a machine is obtained from abroad into the country not on " Sale " basis but on " right to use " or " lease " basis without transferring the title of the property, should import duty and GST need to be paid on the same ? What kind of tax treatment this sort of transaction attracts
Asked 5 years ago in GST

Hi,

Not sure about custom duty, buy GST need to be paid because definition of supply includes lease.

Abhishek Dugar
CA, Mumbai
3576 Answers
183 Consultations

4.8 on 5.0

Hi,

GST need to paid on the same as it is treated as supply under GST.

Payal Chhajed
CA, Mumbai
5188 Answers
288 Consultations

5.0 on 5.0

According to me, you will need to pay both the customs duty as well as the GST.

However, there is an exemption notification whereby if you re-export the imported good within 18 months, the customs duty will be exempt.

Nikhil Khanna
CA, Mumbai
1429 Answers
19 Consultations

4.8 on 5.0

Hi,

You will have to pay both i.e. import duty as well as GST on the same.

Karishma Chhajer
CA, Jodhpur
2450 Answers
29 Consultations

5.0 on 5.0

As far as the customs duty is concerned, exemption notification no. 27/2002 dated 1.3.2002 deals with imports under lease for execution of contracts but under that notification, re-export of the imported goods must take place within 18 months.

Also with regard to GST if you prove it as a sample of any good then there is no GST otherwise you will have to pay IGST.

Hope you find the information helpful if you do please rate it 5 and provide your valuable feedback for my improvement.

Thank you

Naman Maloo
CA, Jaipur
4272 Answers
97 Consultations

5.0 on 5.0

Hi,

Lease is specifically covered in the definition of supply. Hence GST will be applicable @18% on leaseing services.

Lakshita Bhandari
CA, Mumbai
5687 Answers
909 Consultations

5.0 on 5.0

Sir,

Such case is subject to import duty as well as IGST.

However if it's for temporary period of less than. 12 months than you can import it under advance license scheme and no tax is payable on it.

Vishrut Rajesh Shah
CA, Ahmedabad
928 Answers
39 Consultations

5.0 on 5.0

Hi

GST to be paid on lease .

As you mentioned that it will be re imported ,then if its within 18 months then no import duty to be paid.

Swati Agrawal
CA, Mumbai
1146 Answers
7 Consultations

5.0 on 5.0

Hi,

- GST is applicable on it. Not sure about custom duty liabily.

Thanks

Vivek Kumar Arora
CA, Delhi
4840 Answers
1037 Consultations

5.0 on 5.0

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