High Sea Sales under GST ๐โ
A concept in international trade that every importer/exporter should know.
Hereโs a simple guide explained slide by slide ๐งต๐
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.
The key feature of HSS is that ownership of goods is transferred before they cross Indian customs frontiers.
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.
The final buyer, who files the Bill of Entry, is treated as the actual importer and is responsible for duties and taxes.
High Sea Sales are recognized under Customs law and clarified under GST to avoid confusion on taxability.
Under GST, HSS is considered outside the scope of supply.
This means the sale itself is not subject to GST.
Tax is levied only when goods are finally cleared for home consumption.
Thatโs when Customs Duty + IGST are collected from the final buyer.
Without this rule, multiple sales in transit could attract tax at every stage.
HSS ensures only the final buyer pays GST + duty โ
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
Itโs important that the HSS agreement and endorsement of the Bill of Lading are done before goods enter Indian territorial waters.
High Sea Sales are typically used by:
Importers who sell goods mid-transit
Traders who donโt want goods entering their stock
Businesses optimizing costs and logistics
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 โ B pays Customs duty + IGST.
Benefits of HSS include:
Avoidance of double taxation
Flexibility in trade
Lower costs
Efficient inventory management
The CBIC has clarified that IGST on HSS is collected only onceโat the time of import clearance by the final buyer.
Some believed that every HSS transaction would attract GST.
Thatโs not trueโthe sale is outside GST. Only the final clearance attracts IGST.
High Sea Sales are a legitimate and GST-compliant way to transfer goods before they arrive in India.
For global traders, itโs an essential tool to stay flexible, compliant, and cost-effective. ๐
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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 โFinancial Yearโ to which the tax relates, making each year is a separate unit with its own independent limitation period.
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.
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 341
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.
Top-10 GST ITC Cases where the allegations are that the Supplier has not made the payment or their registration has been cancelled retrospectively.
These landmark cases are from IDT and GST Era.
Research by: Abhishek Raja Ram; 9810638155
Please save the post for future.
1/14
The GST Department may reject your ITC claim due to your Supplier's retrospective cancellation. However, just canceling your Supplier Registration does not render your legitimate ITC ineligible.
The documentation and specific facts of each case, along with any allegations and investigations, matters.
2/14
Himalaya Communication Pvt Ltd vs Union of India
Himachal Pradesh High Court
[CWP No. 8809 of 2025; 06-Jun-2025]
The petitioner filed a writ petition seeking to quash the orders that denied Input Tax Credit (ITC) on the ground that the supplierโs GST registration was retrospectively cancelled.
The petitioner argued that the ITC was validly claimed since tax was paid to the supplier, relevant documents were available, and the supplier had discharged its tax liability.
The Court found that neither the Assessing Officer nor the Appellate Authority had verified the genuineness of the transaction or examined supporting documents before denying the ITC.
Hence, the Court set aside the impugned orders and remanded the matter to the Adjudicating Authority for reconsideration after evaluating all relevant documents.
๐ฅ GST & Restaurant Services: A Fresh Take with Swiggy, Zomato & Compliance! ๐
โ What constitutes 'Restaurant Service'?
๐ข As per Notification No. 20/2019-CT (Rate), โRestaurant Serviceโ refers to the offering of food and beverages for consumption on the premises or taken away, including services provided by restaurants, messes, canteens, etc.
โ GST Rates for Restaurant Services
โก๏ธ 5% without ITC - Standard case for regular restaurant services
โก๏ธ 18% with ITC - Applied when the restaurant operates in specified premises (e.g., hotels with room tariffs exceeding โน7,500 per day)
โ Who is Responsible for GST When Using Swiggy/Zomato?
๐ข Clarifying the GST payer
โก๏ธ If the restaurant is not in specified premises:
๐น The E-Commerce Operator (ECO) is responsible for collecting GST under Section 9(5)
โก๏ธ If the restaurant is in specified premises:
๐น The restaurant itself must pay GST directly (the ECO does not assume liability)
โข From April 1, 2025, offices receiving tax invoices for common input services must register as Input Service Distributors (ISDs) under Indian GST, as per the Finance Act, 2024.
โข It seems likely that not every office needs to register, only those receiving invoices for multiple branches, with no clear exceptions noted.
Here are few FAQ's that could be helpful to reduce the confusion.
Please bookmark/save this post.
Q1: We currently distribute common expenses through cross-charge. Do we need to register as an ISD after April 1st, 2025?
A: Yes. The option to distribute ITC through cross-charge will no longer be available for input services received on behalf of distinct persons. You will need to register each office receiving such invoices as an ISD and distribute the ITC as per Section 20 of the CGST Act.
Q2: We have a head office that receives invoices for marketing services that benefit all our branches across India. Does our head office need to register as an ISD?
A: Yes. Since the marketing services benefit multiple branches (which are distinct persons with separate GSTINs), the head office receiving the invoices must register as an ISD.
Seeking to become an expert in Indian Income Tax Laws requires a structured approach and sustained effort.
๐ญ. ๐๐ผ๐๐ป๐ฑ๐ฎ๐๐ถ๐ผ๐ป ๐๐ถ๐ฟ๐๐
๐นBegin with a comprehensive understanding of the foundational principles.
๐นDelve deep into the Income Tax Act, 1961, making sure to grasp its core concepts thoroughly.
๐นPay attention to the schedules and amendments, as they often carry crucial details.
๐ฎ. ๐ฆ๐๐ฎ๐ ๐จ๐ฝ๐ฑ๐ฎ๐๐ฒ๐ฑ
๐นKeep abreast of changes introduced by the Finance Act each year.
๐นThis will ensure that your knowledge remains current and applicable to real-world scenarios.