As per the details of the case an Indian arm of a Turkey headquartered transformer component manufacturer had imported goods. The Indian arm had obtained a credit facility from the Citi Bank based on corporate guarantee issued by the holding company. For this a stamp duty had to be paid by the Turkey based company on behalf of the Indian arm and reimbursement invoice was raised for the recovery.
The Indian arm had approached the AAR to seek clarity as to whether GST was payable on delay in payment of imported goods and whether the amount paid for reimbursement of stamp duty is liable to GST.
AAR observed that the holding company had “tolerated the act” of receiving payment after a lapse of a period of 120 days from the date of the invoice in respect of the goods supplied by them to the Indian arm. For this interest had to be paid by the Indian arm and is liable for GST on reverse charge mechanism, a research note by Nangia Anderson said.