watch_later 15/09/21

Dear Sir, 

We are working as representative of foreign  US company in India , means we promote and do sales for the foreigh company in India , however the order is placed by end customer to the US company directly based on our price discussion . They make payment to US company and once shipped , we get the commission from US company . 

However in order to support customer under warranty US company is providing warranty replacement part to us free of cost and it will be imported under our GST number  . As the partss are warranty replacement free of cost , however still invoice will have their value declared for Indian customer . Question is : 

1. Whether we can claim the GST and input tax credit for these  warranty replacement item ? as we had to pay the GST even if its a warranty replacement item  , but can this be claimed back ? and under which chapter its mentioned in GST .  As i could not find it . 

2. As these are warranty replacement item , thus we won;t be paying US company any payment for these warranty item as its provided to us free of cost by them to us to keep in stock to support the clients to whom we have sold the item. As we are not making any payment/remittacnce to  US company  any these warranty parts . Can we claim GST and ITC . 

3. Also is it possible to get these warranty item free of cost  without payment GST  , as the GST has been paid by the end customer at the time of import .

I understand that custom duty has to paid in any situation . Valueable inputs would be appreciated . 



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