Notification No. 26/2018 - Central Tax (Rate) dated 31-12-2018 [Notified supplies of gold by nominated agencies to RP exempt]

Notification No. 26/2018-Central Tax (Rate) dt. 31-12-2018

In exercise of the powers conferred by section 11(1) of the CGST ACT, 2017

Gold supplied by Nominated Agency wholly exempted from CGST with conditions

Central Government, on being satisfied that it is necessary in the public interest so to do

exempts the intra-State supply of [1][gold, silver or platinum] falling in [2][Chapter 71] of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), when supplied by Nominated Agency under the scheme for "Export Against Supply by Nominated Agency" as referred to in [3][paragraph 4.40] paragraph 4.41 of the Foreign Trade Policy, read with relevant provisions of Chapter 4 of Handbook of Procedures, to a registered person (herein referred to as “recipient”),

from the whole of the central tax leviable thereon, u/s 9, subject to following conditions, namely:-

(i) the Nominated Agency and the recipient shall follow the conditions and observe the procedures as specified in the Foreign Trade Policy read with Handbook of Procedures;

(ii) the recipient shall export the jewellery made out of such [4][gold, silver or platinum] within a period of 90 (ninety) days from the date of supply of [5][gold, silver or platinum] to such recipient and shall provide copy of shipping bill or bill of export containing details of Goods and Services Tax Identification Number (GSTIN) alongwith the invoice for exports to the Nominated Agency within a period of 120 (one hundred and twenty) days from the date of supply by the Nominated Agency;

(iii) wherever such proof of export is not produced within the period mentioned in condition (ii), the Nominated Agency shall pay the amount of central tax payable on the quantity of [6][gold, silver or platinum] not exported, along with interest from the date when the said tax on such supply was payable, but for the exemption.

Explanation. - For the purpose of this notification, -

[7][(a) “Foreign Trade Policy” means the Foreign Trade Policy, 2023, notified by the Government of India in the Ministry of Commerce and Industry vide notification No. 1/2023 dated the 31st March, 2023, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-Section (ii) vide S.O. 1565 (E). dated the 31st March, 2023.]

[8][b) “Handbook of Procedures” means the Handbook of Procedure, notified by the Government of India in the Ministry of Commerce and Industry vide Public Notice No. 01/2023 dated the 1st April, 2023, Extraordinary, Part-I, Section 1 vide F. No. 01/75/171/00016/AM-23/FTP Cell dated the 1st April, 2023]

(c) "Nominated Agency" means entities mentioned in List 32 of Notification No. 50/2017-Customs, dated the 30th June 2017 published Gazette of India, Extraordinary, Part-II, Section 3 sub-section (i),vide, number G. S. R. 785 (E), dated the 30th June, 2017;

[9][(d) “Chapter” means heading as specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975)]

2. This notification shall come into force on the 1st January, 2019.

 

[1] Substituted for “gold” by Notification No. 17/2019-Central Tax (Rate) dt. 30-09-2019 wef 01-10-2019.

[2] Substituted for “heading 7108” by Notification No. 17/2019-Central Tax (Rate) dt. 30-09-2019 wef 01-10-2019.

[3] Substituted for words “paragraph 4.41” by Notification No. 10/2023-Central Tax (Rate) dt. 26-07-2023 wef 27-07-2023.

[4] Substituted for “gold” by Notification No. 17/2019-Central Tax (Rate) dt. 30-09-2019 wef 01-10-2019.

[5] Substituted for “gold” by Notification No. 17/2019-Central Tax (Rate) dt. 30-09-2019 wef 01-10-2019.

[6] Substituted for “gold” by Notification No. 17/2019-Central Tax (Rate) dt. 30-09-2019 wef 01-10-2019.

[7] Substituted by Notification No. 10/2023-Central Tax (Rate) dt. 26-07-2023 wef 27-07-2023. Earlier it read as

(a) "Foreign Trade Policy " means the Foreign Trade Policy, 2015-2020, notified by the Government of India in the Ministry of Commerce and Industry vide notification No.41/2015-2020, dated the 5th December, 2017, published in the Gazette of India, Extraordinary, Part-II, Section 3, Sub-Section (ii) vide S.O. 3813, dated the 5 th December, 2017;

 

[8] Substituted by Notification No. 10/2023-Central Tax (Rate) dt. 26-07-2023 wef 27-07-2023. Earlier it read as

(b) "Handbook of Procedures" means the Handbook of Procedure, notified by the Government of India in the Ministry of Commerce and Industry vide Public Notice No. 43/2015-2020, dated the 5th December 2017, published in the Gazette of India, Extraordinary, Part-I, Section 1, vide F. No. 01/94/180/333/AM 15/PC, dated the 5th December 2017;

 

[9] Clause substituted by Notification No. 17/2019-Central Tax (Rate) dt. 30-09-2019 wef 01-10-2019 for

(d) “Heading” means heading as specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975).

 

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