Ankita Khetan | Jul 13, 2017 |
Import and Export under GST
| Export of goods[2(5)] | with its grammatical variations and cognate expressions, means taking goods out of India to a place outside India |
| Export of Services [2(6)] | means the supply of any service when, (i) the supplier of service is located in India; (ii) the recipient of service is located outside India; (iii) the place of supply of service is outside India; (iv) the payment for such service has been received by the supplier of service in convertible foreign exchange; and (v) the supplier of service and the recipient of service are not merely establishments of a distinct person in accordance with Explanation 1 in sec 8 |
| Treatment of Exports under GST | As per the provisions of IGST law, export of goods and/or services are to be treated as zero rated supplies and a registered taxable person exporting goods or services shall be eligible to claim refund under one of the following two options:
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| Circular No. 2/2/2017-GST | Whereas, as per rule 96A of the Central Goods and Services Tax Rules,2017, any registered person availing the option to supply goods or services for export without payment of integrated tax shall furnish, prior to export, a bond or a Letter of Undertaking. This bond or Letter of Undertaking is required to be furnished in FORM GST RFD-11 on the common portal. Further, Circular No. 26/2017- Customs dated 1st July, 2017 has clarified that the procedure as prescribed under rule 96A of the said rules requires to be followed for the export of goods from 1st July, 2017. |
| Various Issues |
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| Notification No. 16/2017 Central Tax(7th July, 2017) | Central Board of Excise and Customs hereby specifies the conditions and safeguards for the registered person who intends to supply goods or services for export without payment of integrated tax, for furnishing a Letter of Undertaking in place of a Bond. i. The following registered person shall be eligible for submission of Letter of Undertaking in place of a bond:- (a) a status holder as specified in paragraph 5 of the Foreign Trade Policy 2015-2020; or (b) who has received the due foreign inward remittances amounting to a minimum of 10% of the export turnover, which should not be less than one crore rupees, in the preceding financial year, and he has not been prosecuted for any offence under the Central Goods and Services Tax Act,2017 (12 of 2017) or under any of the existing laws in case where the amount of tax evaded exceeds two hundred and fifty lakh rupees. ii. The Letter of Undertaking shall be furnished in duplicate for a financial year in the annexure to FORM GST RFD 11 referred to in sub-rule (1) of rule 96A of the Central Goods and Services Tax Rules, 2017 and it shall be executed by the working partner, the Managing Director or the Company Secretary or the proprietor or by a person duly authorized by such working partner or Board of Directors of such company or proprietor on the letter head of the registered person. |
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