CBEC issues circular for deemed export benefits u/s 147 dated 6th Nov’17

Procedure regarding procurement of supplies of goods from DTA by EOU/EHTP Unit/STP Unit/BTP Unit.

Circular No. 14/14 /2017 – GST

F. No. 349/21/2016 GST (Policy Wing)
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs
GST Policy Wing

New Delhi, dated the 6th November, 2017

To,
The Principal Chief Commissioners / Chief Commissioners / Principal Commissioners/
Commissioners of Central Tax (All)The Principal Director Generals / Director Generals (All)
Madam/Sir,
Sub – Procedure regarding procurement of supplies of goods from DTA by Export Oriented Unit (EOU) / Electronic Hardware Technology Park (EHTP) Unit / Software Technology Park (STP) Unit / Bio-Technology Parks (BTP) Unit under deemed export benefits under section 147 of CGST Act, 2017 reg.
In accordance with the decisions taken by the GST Council in its 22nd meeting heldon 06.10.2017 at New Delhi to resolve certain difficulties being faced by exporters post GST,it has been decided that supplies of goods by a registered person to EOUs etc. wouldbe treated as deemed exports under Section 147 of the CGST Act, 2017 (hereinafter referredto as the Act) and refund of tax paid on such supplies can be claimed either by therecipient or supplier of such supplies. Accordingly, Notification No. 48/2017-Central Taxdated 18.10.2017 has been issued to treat such supplies to EOU / EHTP / STP / BTP units asdeemed exports. Further, rule 89 of the CGST Rules, 2017 (hereinafter referred to as the
Rules) has been amended vide Notification No. 47/2017- Central Tax dated 18.10.2017 toallow either the recipient or supplier of such supplies to claim refund of tax paid thereon.
2. For supplies to EOU / EHTP / STP / BTP units in terms of Notification No. 48/2017-Central Tax dated 18.10.2017, the following procedure and safeguards are prescribed –

(i) The recipient EOU / EHTP / STP / BTP unit shall give prior intimation in a prescribedproforma in “FormA” (appended herewith) bearing a running serial number containing thegoods to be procured, as pre-approved by the Development Commissioner and the details ofthe supplier before such deemed export supplies are made. The said intimation shall begiven to

(a) the registered supplier;
(b) the jurisdictional GST officer in charge of such registered supplier; and
(c) its jurisdictional GST officer.

(ii) The registered supplier thereafter will supply goods under tax invoice to the recipientEOU / EHTP / STP / BTP unit.

(iii) On receipt of such supplies, the EOU / EHTP / STP / BTP unit shall endorse the taxinvoice and send a copy of the endorsed tax invoice to

(a) the registered supplier;
(b) the jurisdictional GST officer in charge of such registered supplier; and
(c) its jurisdictional GST officer.

(iv) The endorsed tax invoice will be considered as proof of deemed export supplies bythe registered person to EOU / EHTP / STP / BTP unit.

(v) The recipient EOU / EHTP / STP / BTP unit shall maintain records of such deemedexport supplies in digital form, based upon data elements contained in “Form-B” (appendedherewith). The software for maintenance of digital records shall incorporate the feature ofaudit trail. While the data elements contained in the Form-B are mandatory, the recipientunits will be free to add or continue with any additional data fields, as per their commercialrequirements. All recipient units are required to enter data accurately and immediately uponthe goods being received in, utilized by or removed from the said unit. The digital recordsshould be kept updated, accurate, complete and available at the said unit at all times forverification by the proper officer, whenever required. A digital copy of FormB containingtransactions for the month, shall be provided to the jurisdictional GST officer, each month(by the 10th of month) in a CD or Pen drive, as convenient to the said unit.

3. The above procedure and safeguards are in addition to the terms and conditions to beadhered to by a EOU / EHTP / STP / BTP unit in terms of the Foreign Trade Policy, 2015-20 and the duty exemption notification being availed by such unit.
4. It is requested that suitable trade notices may be issued to publicize the contents ofthis circular.
5. Difficulty, if any, in implementation of the above instructions may please be broughtto the notice of the Board. Hindi version would follow.

(Upender Gupta)
Commissioner (GST)