Abhishek Raja
Aug 23, 2025 17 tweets 5 min read Read on X
High Sea Sales under GST 🌊⚓
A concept in international trade that every importer/exporter should know.
Here’s a simple guide explained slide by slide 🧵👇 Image
A High Sea Sale (HSS) is when goods are sold while still on the high seas, before they arrive at an Indian port and before customs clearance. Image
The key feature of HSS is that ownership of goods is transferred before they cross Indian customs frontiers. Image
In practice, the original importer sells goods to a new buyer by endorsing the Bill of Lading.
The new buyer then becomes the importer for customs purposes. Image
The final buyer, who files the Bill of Entry, is treated as the actual importer and is responsible for duties and taxes. Image
High Sea Sales are recognized under Customs law and clarified under GST to avoid confusion on taxability. Image
Under GST, HSS is considered outside the scope of supply.
This means the sale itself is not subject to GST. Image
Tax is levied only when goods are finally cleared for home consumption.
That’s when Customs Duty + IGST are collected from the final buyer. Image
Without this rule, multiple sales in transit could attract tax at every stage.
HSS ensures only the final buyer pays GST + duty ✅ Image
Key documents in HSS include:

High Sea Sale Agreement

Endorsed Bill of Lading

Invoice from seller to buyer

Bill of Entry filed by final buyer Image
It’s important that the HSS agreement and endorsement of the Bill of Lading are done before goods enter Indian territorial waters. Image
High Sea Sales are typically used by:

Importers who sell goods mid-transit

Traders who don’t want goods entering their stock

Businesses optimizing costs and logistics Image
Example:
Importer A orders goods from China.
While goods are at sea, A sells them to B via a High Sea Sale.
B files Bill of Entry → B pays Customs duty + IGST. Image
Benefits of HSS include:

Avoidance of double taxation

Flexibility in trade

Lower costs

Efficient inventory management Image
The CBIC has clarified that IGST on HSS is collected only once—at the time of import clearance by the final buyer. Image
Some believed that every HSS transaction would attract GST.
That’s not true—the sale is outside GST. Only the final clearance attracts IGST. Image
High Sea Sales are a legitimate and GST-compliant way to transfer goods before they arrive in India.
For global traders, it’s an essential tool to stay flexible, compliant, and cost-effective. 🌍 Image

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More from @abhishekrajaram

Nov 28, 2025
Can LUT be filed post-Export?

Research by Abhishek Raja Ram; 9810638155

Whether an exporter is eligible for GST export benefits (such as refund of unutilized Input Tax Credit) if Letter of Undertaking (LUT) is filed after the actual export but within the same financial year.
Legal Background & Key Provisions
Rule 96A requires the LUT/bond to be furnished prior to exporting goods/services without payment of integrated tax.
Circulars and Clarifications
Circular No. 37/11/2018-GST dated 15.03.2018: Substantive benefits of zero-rating should not be denied if exports are actually effected; delay in LUT filing can be condoned and ex-post facto acceptance allowed. Image
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Nov 19, 2025
What is the applicability of the extended limitation period, and what are the requirements for invoking Section 74?

Thoughts & Research by: Abhishek Raja Ram; 9810638155

1. Neeyamo Enterprise Solutions Pvt. Ltd. vs The Commercial Tax Officer - Madras High Court
[W. P(MD) Nos. 30453-30458/2024; 11-Nov-2025 :: 2025-Taxo Online-2937 :: (2025) 11 TaxReply 15023]

Invoking extended limitation under GST (Section 74) requires strict proof of fraud, suppression, or wilful misstatement. Mere delay is not enough.Image
2. Paul Rajan Punithan vs The Assistant Commissioner (ST), Madurai - Madras
(2025) 10 TaxReply 14831

The Court quashed the Order invoking an extended period, as neither the notice nor the order contained any allegations or evidence of fraud, willful misstatement, or suppression of facts to evade tax. The petitioner’s lack of response did not rectify this deficiency. ARR
3. RKEC Projects Ltd. vs Additional Commissioner -Andhra Pradesh High Court
2024-TaxoNation-182 :: (2024) 16 CENTAX 13

Mere mention of a provision in SCN would not be determinative of notice under that section. The notice lacked particulars of 'suppression' and was barred by limitation, suggesting it should have been issued under Section 73 instead. The question of suppression and applicability of Section 74 versus Section 73 is a factual issue to be determined by the tax authority after considering the petitioner’s reply. ARR
Read 4 tweets
Nov 2, 2025
The time limitation does not apply when Article 265 is in effect ~ Abhishek Raja Ram; 9810638155

Andhra Pradesh High Court has held that the Time Limitation is not applicable to the refund of GST wrongly collected on exempt residential rent. Exempt renting of residential dwellings could not be taxed and collection without authority would offend Article 265. Amounts so collected were not tax under GST enactments and refund limitation for tax claims did not apply. ARRImage
Nspira Management Services Pvt. Ltd. vs Assistant/ Deputy Commissioner of Central Tax
[Writ Petition Nos. 18287; 26-Sep-2025 :: (2025) 35 CENTAX 239]

Article 265: No tax shall be levied or collected except by authority of law. In other words, any imposition of tax must have a clear Constitutional or statutory backing. ARR
Nine (9) A nine-member bench of the Supreme Court has held that 'Law' means valid Law. Tax Levied or Collected contrary to Law required to be refunded. Mafatlal Industries Ltd. vs Union of India [(1996) 5 SCC 536 :: (1998) 111 STC 467]
#ARR
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Sep 5, 2025
Answers to Practical Issues based on GST Council Meeting by Abhishek Raja Ram; 9810638155

Q. Changes in GST on Pre and Post Discount?
A. Old Law: Discount had to be pre-agreed in contract & linked to invoice (Sec. 15(3)(b)(i)).

Council Recommendation:

Omit Sec. 15(3)(b)(i) (requirement of pre-agreement).

Now, the discount can be given later via GST Credit Note without needing proof of agreement.

Section 34 amended → ITC reversal mandatory for the recipient whenever the supply value is reduced via a credit note.

Circular 212/6/2024 (which complicated post-sale discounts) will be rescinded.
Q. Do all items under 5% have itc, or can they also avail itc?
A.
1️⃣ 5% with ITC (Input Tax Credit allowed)

Applies to goods and many job work services.

Example items:

Food items like namkeens, UHT milk, paneer, bread, etc. (exempt in some cases, 5% in others).

Agricultural machinery (tractors, sprinklers, pumps).

Fertilisers, micronutrients.

Renewable energy equipment.

Medicines and medical devices.

Job work in pharma, hides/skins, umbrella, printing, bricks.

Impact: Businesses can claim ITC on inputs and set it off against output liability.
2️⃣ 5% without ITC (restricted credit)

Applies to certain services where concessional rate is given but ITC is blocked to avoid double benefit.

Examples:

Hotel accommodation ≤ ₹7,500/day.

Passenger transport (road, rail, economy air).

Beauty, wellness, fitness services (salons, yoga, gyms).

Goods Transport Agency (if opting 5%).

Multimodal transport (if opting 5%).
Read 7 tweets
Jul 27, 2025
Is the bunching of notices allowed? by Abhishek Raja Ram

1. The Madras HC recently held that the Bunching of Show Cause notices for Multiple Years is Not Permissible in the GST Law. The provisions for limitation U/s 73(10) and S.74(10) specify that the time limit of three or five years, respectively, is calculated from the due date for furnishing the annual return for the ‘Financial Year’ to which the tax relates, making each year is a separate unit with its own independent limitation period.Image
Title: Smt. R. Ashaarajaa, Partner of M/s JRD Realtors vs The Senior Intelligence Officer, DGGI Coimbatore
Court: Madras High Court
Citation: W. P. Nos. 29716
Dated: 21-Jul-2025
2. Titan Company Ltd. vs Joint Commissioner of GST and Central Excise - Madras High Court
(2024) 15 CENTAX 118

Where bunching of show cause notices for multiple assessment years under Section 73 of CGST Act had exceeded individual three-year limitation period for each year, High Court held such bunching invalid, directing separate adjudication for each year.
Read 4 tweets
Jul 24, 2025
I am sharing important judgments on the ITC mismatch between GSTR-2A and GSTR-3B.

Please bookmark the tweet/post and follow me.

Research by: Abhishek Raja Ram; 9810638155

1. ITI Ltd. vs Joint Commissioner Central Tax & Central Excise, Kozhikode - Kerala High Court
(2025) 29 CENTAX 341Image
Where impugned order was passed raising demand for mismatch in GSTR-3B and auto populated GSTR-2A return while according to petitioner, input tax credit availed in GSTR-3B returns includes input tax credit pertaining to invoices reflected in GSTR-2A, since reply and documents were not considered by authorities while passing said order, matter was to be readjudicated.
2. OCL Iron and Steel Ltd. vs State of West Bengal - Calcutta High Court
(2025) 30 CENTAX 371

Where opportunity of personal hearing was not offered and proceedings were initiated on account of difference in liability declared in GSTR-2A and that in GSTR-3B, since discrepancy was explained, matter was to be remanded back for fresh decision.
Read 7 tweets

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