2. Summary of legal provisions at a glance. Prepared by: C. P. Goyal, IRS Date of Preparation: Export of Goods or Services under GST Laws
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1 1. Relevant Legal Provisions: Prepared by: C. P. Goyal, IRS Date of Preparation: Export of Goods or Services under GST Laws A. The IGST Act, 2017 Section 2: Definitions o Clause (5): Export of goods o Clause (6): Export of Services o Clause (14): Location of the recipient of services o Clause (15): Location of the supplier of services o Clause (23): Zero Rated Supply o Clause (24): Meaning of Words and expressions used and not defined under ITGT Act o Clause (25): Status of reference of any law which is not in force in J &K. Section 7(5): Inter-state supply [ export are treated as inter-state supply] Section 16: Zero-rated supply [ export are treated as zero rated supply] B. IGST Rules, 2017 [notified vide notification No. 4/2017-Integrated tax, dated ] Rule 2 of the IGST Rules, 2017 C. The CGST Rules, 2017 Rule 46 ( Proviso) : Tax Invoice in case of export of goods or services Rule 96 A: Refund of IGST paid on export of goods or services under bond or LUT D. Notification relevant for export of Goods/services Notification No. 16/2017-Central Tax, dated : It 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. E. Relevant Circulars Circular No. 2/2/2017-GST, dated : on issues related to furnishing of Bond/ LUT for Exports. Circular No. 4/4/2017-GST, dated : on issues related to Bond/LUT for exports without payment of Integrated tax. F: Relevant Forms and format Form GST RFD-11: Furnishing of Bond/ LUT for export of goods /services without payment of IGST. Bond for Export of goods or services without payment of Integrated Tax LUT for export of goods or services without payment of Integrated Tax 2. Summary of legal provisions at a glance Definition of terms export of goods and export of services.
2 2.1. In clause (5) and (6) of Section 2 of the IGST Act, 2017, the terms export of goods and export of services have been defined. In term of these provisions, the term export of goods means taking goods out of India to a place outside India. The term export of services 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 section 8; Explanation 1 in Section 8 of the IGST Act, 2017 provides as under:- Explanation 1. For the purposes of this Act, where a person has, (i) (ii) an establishment in India and any other establishment outside India; an establishment in a State or Union territory and any other establishment outside that State or Union territory; or (iii) an establishment in a State or Union territory and any other establishment being a business vertical registered within that State or Union territory, then such establishments shall be treated as establishments of distinct persons. 2.2: To understand the term export of services correctly, it is necessary to interpret the meaning of terms location of supplier of services and location of recipient of services as defined in clauses (14) and (15) of section 2 of the IGST Act, 2017 respectively. These terms have been defined in the IGST law as explained under:- (a) location of the recipient of services means, (a) (b) (c) (d) where a supply is received at a place of business for which the registration has been obtained, the location of such place of business; where a supply is received at a place other than the place of business for which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment; where a supply is received at more than one establishment, whether the place of business or fixed establishment, the location of the establishment most directly concerned with the receipt of the supply; and in absence of such places, the location of the usual place of residence of the recipient; (b) location of the supplier of services means, (a) (b) where a supply is made from a place of business for which the registration has been obtained, the location of such place of business; where a supply is made from a place other than the place of business for which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment;
3 (c) (d) where a supply is made from more than one establishment, whether the place of business or fixed establishment, the location of the establishment most directly concerned with the provision of the supply; and in absence of such places, the location of the usual place of residence of the supplier; Export of goods/ services to be treated as Inter-State Supply 2.3. In terms of provision contained in section 7(5) of the IGST Act, 2017, supply of goods or services or both, when the supplier is located in India and the place of supply is outside India, shall be treated to be a supply of goods or services or both in the course of inter-state trade or commerce. In other words, export of goods or services are considered to be inter-state supplies and thus, governed by the provisions of the IGST Rules, 2017 read with the IGST Rules, 2017 and notifications issued therein. Export of goods/services to be treated as Zero Rated Supply 2.4: In terms of provisions of the Section 16 of the IGST Act, 2017, the term zero rated supply means any of the supplies of goods or services or both, namely, (a) export of goods or services or both; or (b) supply of goods or services or both to a Special Economic Zone developer or a Special Economic Zone unit. Thus, the exports of goods or services are considered to be zero rated supply. Refund of tax paid on export supply or input tax paid on input/input services used in making such supplies available 2.5: On account of being zero rated supply, export of goods or services are eligible for refund of IGST paid on such supplies. If export of good or services has been made under Bond or Letter of Undertaking without payment of integrated tax, then input tax credit in respect of inputs and input services used in making such export supplies is eligible for refund as per the provisions of section 54 of the CGST Act, 2017 as made applicable to IGST matter also. However, no refund of un-utilised input tax credit shall be allowed in cases where the goods exported out of India are subjected to export duty. Further, as per 3 rd proviso to section 54 (3) of the CGST Act, 2017, no refund of input tax credit is allowed, if the supplier of goods or services or both avails of drawback in respect of central tax or claims refund of the integrated tax paid on such supplies. To know more out refunds under GST laws, refer to e-book on refund of taxes under GST laws. Export of goods /services: Options before registered person 2.6. With regard to payment of IGST on export of goods or services, the following two options are available to such registered person: - Export of goods or services without payment of IGST under bond or Letter of Undertaking, Export of goods or services with payment of IGST and then claim refund of taxes paid under section 54 of the CGST Act, Export of Goods or Services with / without payment of IGST 2.7: If export of goods or services is being made without payment of IGST under Bond or Letter of Undertaking, then only following classes of registered person are allowed to furnish letter of undertaking (LUT):
4 If taxable person is a status holder as specified in paragraph 5 of the Foreign Trade Policy ; or If taxable person has,- o received the due foreign inward remittances amounting to a minimum of 10% of the export turnover in the preceding financial year. o such foreign inward remittances should not be less than one crore rupees, and o he has not been prosecuted for any offence under the CGST Act, 2017 or under any of the existing laws in case where the amount of tax evaded exceeds Rs. 2.5 crores. 2.8: The registered persons other than those specified above are required to execute Bond in the format specified under the Rule 96A of the CGST Rules, Tax to be paid in case of failure to export goods or failure to realize foreign remittance in case of export of services 2.9: Through the process of furnishing Bond/LUT, the supplier making export of goods or services is required to bind himself to pay the tax due along with the interest specified under section 50 (1) as given in Table-1 below:- Table: 1 Situation If goods are not exported out of India: If the payment of such services is not received by the exporter in convertible foreign exchange. Period prescribed for payment of tax along with interest Within 15 days after the expiry of 3 months from the date of issue of the invoice for export. Within 15 days after the expiry of 1 year, or such further period as may be allowed by the Commissioner, from the date of issue of the invoice for export. Tax Invoice for Exports 2.10: As per Rule 46 of the CGST Rules, 2017, in the case of the export of goods or services, the invoice shall carry an endorsement SUPPLY MEANT FOR EXPORT ON PAYMENT OF INTEGRATED TAX or SUPPLY MEANT FOR EXPORT UNDER BOND OR LETTER OF UNDERTAKING WITHOUT PAYMENT OF INTEGRATED TAX, as the case may be. 2.11: Further, the export invoice shall contain the following details, namely,- (i) name and address of the recipient; (ii) address of delivery; and (iii) name of the country of destination: in place of details such as name and address of the recipient and the address of delivery, along with the name of the state and its code, if such recipient is un-registered and where the value of supply is fifty thousand rupees or more, as mandated under the clause (e) of Rule 46(1) of the CGST Rules, Customs Authority required to furnish Confirmation of export of goods 2.12: As per Rule 96 A of the CGST Rules, 2017, the details of the export invoices furnished in his monthly return of outward supplies by such supplier of goods exported on the common portal are to be
5 electronically transmitted to the specified system of Customs for confirmation of exports of goods. A confirmation by the said systems of Customs that the goods covered by the said invoices have been exported out of India is also required to be transmitted electronically to the common portal. Withdrawal of facility to export under Bond/LUT in certain cases 2.13: If the goods are not exported within the period prescribed and taxes along with interest are also not paid after expiry of period allowed for export of goods, facility of export under Bond/LUT by such registered person will be withdrawn and amount of tax along with interest would be recovered from such registered person under Section 79 of the CGST Act, However, on payment of tax along with interest, such registered person would be allowed to make further exports under Bond/LUT. Important points to note in case of exports under LUT 2.14: Following points may be noted in case of export of goods or services under LUT without payment of integrated tax. o It should be furnished in the format prescribed in the annexure to FORM GST RFD-11. o It should be furnished in duplicate. o It shall be valid for 12 months. o It may be furnished manually to the jurisdictional Deputy/Assistant Commissioner till the module for furnishing of FORM RFD-11 is available on the common portal. o It may be accepted by the jurisdictional Deputy/Assistant Commissioner. o It shall be executed by the working partner, the Managing Director or the Company Secretary or the proprietor or by a person duly authorised by such working partner or Board of Directors of such company or proprietor on the letter head of the registered person. Important Points to note in case of exports under Bond 2.15: The following points may be noted in case of export of goods or services under Bond without payment of integrated tax. o The bond should be in the format prescribed in the FORM GST RFD-11. o It may be a running bond and would cover the amount of tax involved in the export based on estimated tax liability as assessed by the exporter himself. o In case of running bond, it is required to be ensured by the exporter that the outstanding tax liability on exports is within the bond amount. o In case the bond amount is insufficient to cover the tax liability in yet to be completed exports, the exporter will be required to furnish a fresh bond to cover such liability. o The jurisdictional Commissioner may decide about the amount of bank guarantee depending upon the track record of the exporter. o If Commissioner is satisfied with the track record of an exporter then furnishing of bond without bank guarantee would suffice. o The bank guarantee should normally not exceed 15% of the bond amount.
6 3. Text of Relevant Legal Provisions 3.1: Relevant Definitions: Under Section 2 of the IGST Act, : Clause (5): export of goods with its grammatical variations and cognate expressions, means taking goods out of India to a place outside India : Clause (6): export of services 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 section 8; Explanation 1 in Section 8 of the IGST Act, 2017 Explanation 1. For the purposes of this Act, where a person has, (i) (ii) an establishment in India and any other establishment outside India; an establishment in a State or Union territory and any other establishment outside that State or Union territory; or (iii) an establishment in a State or Union territory and any other establishment being a business vertical registered within that State or Union territory, then such establishments shall be treated as establishments of distinct persons : Clause (14) location of the recipient of services means, (a) (b) (c) (d) where a supply is received at a place of business for which the registration has been obtained, the location of such place of business; where a supply is received at a place other than the place of business for which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment; where a supply is received at more than one establishment, whether the place of business or fixed establishment, the location of the establishment most directly concerned with the receipt of the supply; and in absence of such places, the location of the usual place of residence of the recipient; 3.1.4: Clause (15): location of the supplier of services means, (a) (b) (c) (d) where a supply is made from a place of business for which the registration has been obtained, the location of such place of business; where a supply is made from a place other than the place of business for which registration has been obtained (a fixed establishment elsewhere), the location of such fixed establishment; where a supply is made from more than one establishment, whether the place of business or fixed establishment, the location of the establishment most directly concerned with the provision of the supply; and in absence of such places, the location of the usual place of residence of the supplier;
7 3.1.5: Clause (23): zero-rated supply shall have the meaning assigned to it in section 16; 3.1.6: Clause (24): words and expressions used and not defined in this Act but defined in the Central Goods and Services Tax Act, the Union Territory Goods and Services Tax Act and the Goods and Services Tax (Compensation to States) Act shall have the same meaning as assigned to them in those Acts; 3.1.7: Clause (25): any reference in this Act to a law which is not in force in the State of Jammu and Kashmir, shall, in relation to that State be construed as a reference to the corresponding law, if any, in force in that State. 3.2: Section 7(5) of the IGST Act, 2017: This section deals with Inter-state supplies and provides as under:- Section 7 (5): Supply of goods or services or both, (a) when the supplier is located in India and the place of supply is outside India; (b) to or by a Special Economic Zone developer or a Special Economic Zone unit; or (c) in the taxable territory, not being an intra-state supply and not covered elsewhere in this section, shall be treated to be a supply of goods or services or both in the course of inter-state trade or commerce. 3.3: Section 16 of the IGST Act, 2017: Zero Rated Supply Section 16: (1) zero rated supply means any of the following supplies of goods or services or both, namely: (a) export of goods or services or both; or (b) supply of goods or services or both to a Special Economic Zone developer or a Special Economic Zone unit. (2) Subject to the provisions of sub-section (5) of section 17 of the Central Goods and Services Tax Act, credit of input tax may be availed for making zero-rated supplies, notwithstanding that such supply may be an exempt supply. (3) A registered person making zero rated supply shall be eligible to claim refund under either of the following options, namely: (a) (b) he may supply goods or services or both under bond or Letter of Undertaking, subject to such conditions, safeguards and procedure as may be prescribed, without payment of integrated tax and claim refund of unutilised input tax credit; or he may supply goods or services or both, subject to such conditions, safeguards and procedure as may be prescribed, on payment of integrated tax and claim refund of such tax paid on goods or services or both supplied, in accordance with the provisions of section 54 of the Central Goods and Services Tax Act or the rules made thereunder.
8 3.5: The Rule 2 of the IGST Rules, 2017 [notified vide notification No.4/2017-Integrated Tax, dated ] Rule 2: Application of Central Goods and Services Tax Rules The Central Goods and Services Tax Rules, 2017, for carrying out the provisions specified in section 20 of the Integrated Goods and Services Tax Act, 2017 shall, so far as may be, apply in relation to integrated tax as they apply in relation to central tax. 3.4: 3 rd Proviso to Rule 46 of the CGST Rules, 2017: Tax Invoice Provided also that in the case of the export of goods or services, the invoice shall carry an endorsement SUPPLY MEANT FOR EXPORT ON PAYMENT OF INTEGRATED TAX or SUPPLY MEANT FOR EXPORT UNDER BOND OR LETTER OF UNDERTAKING WITHOUT PAYMENT OF INTEGRATED TAX, as the case may be, and shall, in lieu of the details specified in clause (e), contain the following details, namely,- (i) name and address of the recipient; (ii) (iii) address of delivery; and name of the country of destination. Note: The Clause (e) of the Rule 46(1) of the CGST Rules, 2017 requires mention of name and address of the recipient and the address of delivery, along with the name of the state and its code, if such recipient is un-registered and where the value of supply is fifty thousand rupees or more. 3.6: Rule 96 A of the CGST Rules, 2017: Refund of integrated tax paid on export of goods or services under bond or Letter of Undertaking Rule 96A: (1) 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 in FORM GST RFD-11 to the jurisdictional Commissioner, binding himself to pay the tax due along with the interest specified under sub-section (1) of section 50 within a period of (a) (b) fifteen days after the expiry of three months from the date of issue of the invoice for export, if the goods are not exported out of India; or fifteen days after the expiry of one year, or such further period as may be allowed by the Commissioner, from the date of issue of the invoice for export, if the payment of such services is not received by the exporter in convertible foreign exchange. (2). The details of the export invoices contained in FORM GSTR-1 furnished on the common portal shall be electronically transmitted to the system designated by Customs and a confirmation that the goods covered by the said invoices have been exported out of India shall be electronically transmitted to the common portal from the said system. (3) Where the goods are not exported within the time specified in sub-rule (1) and the registered person fails to pay the amount mentioned in the said sub-rule, the export as allowed under bond or Letter of
9 Undertaking shall be withdrawn forthwith and the said amount shall be recovered from the registered person in accordance with the provisions of section 79. (4) The export as allowed under bond or Letter of Undertaking withdrawn in terms of sub-rule (3) shall be restored immediately when the registered person pays the amount due. (5) The Board, by way of notification, may specify the conditions and safeguards under which a Letter of Undertaking may be furnished in place of a bond. (6) The provisions of sub rule (1) shall apply, mutatis mutandis, in respect of zero-rated supply of goods or services or both to a Special Economic Zone developer or a Special Economic Zone unit without payment of integrated tax. ; 3.7: Notification No. 16/2017 Central Tax, dated In exercise of the powers conferred by sub-rule (5) of rule 96A of the Central Goods and Services Tax Rules, 2017, the 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 ; 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 authorised by such working partner or Board of Directors of such company or proprietor on the letter head of the registered person. 3.8: Circular No. 2/2/2017-GST, dated (Issued from F. No. 349/82/2017-GST) Subject: Issues related to furnishing of Bond/ Letter of Undertaking for Exports Reg. Various communications have been received from the field formations and exporters on the issue of difficulties being faced while supplying the goods or services for export without payment of integrated tax and filing the FORM GST RFD -11 on the common portal ( because of which exports are being held up.
10 2. 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, Another issue being raised by various stakeholders is that the Bond/Letter of Undertaking is required to be given through the proper officer which is to be furnished to the jurisdictional Commissioner as per sub-rule (1) of rule 96A of the said rules. Taking cognizance of the fact that a large number of such Bonds/Letter of Undertakings would be required to be filed by the registered exporters who would be located at a distance from the office of the jurisdictional Commissioner, it is understood that the furnishing of such bonds/undertakings before the jurisdictional Commissioner may cause hardship to the exporters. 4. Thus, in exercise of the powers conferred by sub-section (3) of section 5 of the CGST Act, 2017, it is hereby stated that the acceptance of the Bond/Letter of Undertaking required to be furnished by the exporter under rule 96A of the said rules shall be done by the jurisdictional Deputy/Assistant Commissioner. 5. Further, in exercise of the powers conferred by section 168 of the said Act, for the purpose of uniformity in the implementation of the said Act, the Bond/Letter of Undertaking required to be furnished under rule 96A of the said rules may be furnished manually to the jurisdictional Deputy/Assistant Commissioner in the format specified in FORM RFD-11 till the module for furnishing of FORM RFD-11 is available on the common portal. The exporters may download the FORM GST RFD-11 from the website of the Central Board of Excise and Customs ( and furnish the duly filled form to the jurisdictional Deputy/Assistant Commissioner. 6. The above specified provisions shall be applicable to all applications which have been filed on or after 1st July, It is requested that suitable trade notices may be issued to publicize the contents of this circular. 7. Difficulty, if any, in the implementation of the above instructions may please be brought to the notice of the Board. Hindi version would follow. 3.9: Circular No. 4/4/2017-GST, dated (Issued from F. No. 349/82/2017-GST) Subject: Issues related to Bond/Letter of Undertaking for exports without payment of integrated tax Reg. Various communications have been received from the field formations and exporters that difficulties are being faced in complying with the procedure prescribed for making exports of goods and services without payment of integrated tax with respect to furnishing of bonds/letter of Undertaking. Therefore, in exercise of powers conferred under section 168 (1) of the Central Goods and Services Tax
11 Act, 2017, for the purpose of uniformity in the implementation of the Act, these issues are being clarified hereunder. 2. As per rule 96A of the Central Goods and Services Tax Rules, 2017 ( The CGST Rules), any registered person exporting goods or services without payment of integrated tax is required to furnish a bond or a Letter of Undertaking (LUT) in FORM GST RFD Attention is invited to notification No. 16/2017-Central Tax dated vide which the category of exporters who are eligible to export under LUT has been specified along with the conditions and safeguards. All exporters, not covered by the said notification, would submit bond. The procedure for submission and acceptance of bond has already been prescribed vide circular No. 2/2/2017-GST, dated 4th July, The bond shall be furnished on non-judicial stamp paper of the value as applicable in the State in which bond is being furnished. 4. A clarification has been sought as to whether bond to be furnished for exports is a running bond (with debit / credit facility) or a one-time bond (separate bond for each consignment / export). It is observed consignment wise bond would be a significant compliance burden on the exporters. It is directed that the exporters shall furnish a running bond, in case he is required to furnish a bond, in FORM GST RFD The bond would cover the amount of tax involved in the export based on estimated tax liability as assessed by the exporter himself. The exporter shall ensure that the outstanding tax liability on exports is within the bond amount. In case the bond amount is insufficient to cover the tax liability in yet to be completed exports, the exporter shall furnish a fresh bond to cover such liability. 5. FORM RFD -11 under rule 96A of the CGST Rules requires furnishing a bank guarantee with bond. Field formations have requested for clarity on the amount of bank guarantee as a security for the bond. In this regard it is directed that the jurisdictional Commissioner may decide about the amount of bank guarantee depending upon the track record of the exporter. If Commissioner is satisfied with the track record of an exporter then furnishing of bond without bank guarantee would suffice. In any case the bank guarantee should normally not exceed 15% of the bond amount. 6. As regards LUT, it is clarified that it shall be valid for twelve months. If the exporter fails to comply with the conditions of the LUT he may be asked to furnish a bond. Exports may be allowed under existing LUTs/Bonds till 31st July Exporters shall submit the LUTs/bond in the revised format latest by 31st July, It is further stated that the Bond/LUT shall be accepted by the jurisdictional Deputy/Assistant Commissioner having jurisdiction over the principal place of business of the exporter. The exporter is at liberty to furnish the bond/lut before Central Tax Authority or State Tax Authority till the administrative mechanism for assigning of taxpayers to respective authority is implemented. However, if in a State, the Commissioner of State Tax so directs, by general instruction, to exporter, the Bond/LUT in all cases be accepted by Central tax officer till such time the said administrative mechanism is implemented. Central Tax officers are directed to take every step to facilitate the exporters.
12 8. Attention is further invited to circular No. 26/2017 Customs dated 1st July 2017, vide which it has been clarified that the existing practice of sealing the container with a bottle seal under Central Excise supervision or otherwise would continue till 01st September, Such sealing shall be done under the supervision of the officer having physical jurisdiction over the place of business where the sealing is being done. A copy of the sealing report would be forwarded to the Deputy/Assistant Commissioner having jurisdiction over the principal place of business. 9. These instructions shall apply to exports on or after 1st July, It is requested that suitable trade notices may be issued to publicize the contents of this circular. Difficulty, if any, in the implementation of the above instructions may please be brought to the notice of the Board. Hindi version would follow. 4. Forms and Format 4.1: FORM GST RFD GSTIN FORM GST RFD-11 [See rule 96A] Furnishing of bond or Letter of Undertaking for export of goods or services 2. Name 3. Indicate the type of document Bond Letter of Undertaking furnished 4. Details of bond furnished Sr. No. Reference No. of the Date Amount Name of bank and branch bank guarantee Note Hard copy of the bank guarantee and bond shall be furnished to the jurisdictional officer. 5. Declaration (i) The above-mentioned bank guarantee is submitted to secure the integrated tax payable on export of goods or services. (ii) I undertake to renew the bank guarantee well before its expiry. In case I/We fail to do so the department will be at liberty to get the payment from the bank against the bank guarantee. (iii) The department will be at liberty to invoke the bank guarantee provided by us to cover the amount of integrated tax payable in respect of export of goods or services. Signature of Authorized Signatory Name Designation / Status Date
13 Bond for export of goods or services without payment of integrated tax (See rule 96A) I/We...of...,hereinafter called "obligor (s)", am/are held and firmly bound to the President of India (hereinafter called "the President") in the sum of...rupees to be paid to the President for which payment will and truly to be made. I/We jointly and severally bind myself/ourselves and my/our respective heirs/executors/ administrators/ legal representatives/successors and assigns by these presents; Dated this...day of...; WHEREAS the above bounden obligor has been permitted from time to time to supply goods or services for export out of India without payment of integrated tax; and whereas the obligor desires to export goods or services in accordance with the provisions of clause (a) of sub-section (3) of section 16; AND WHEREAS the Commissioner has required the obligor to furnish bank guarantee for an amount of...rupees endorsed in favour of the President and whereas the obligor has furnished such guarantee by depositing with the Commissioner the bank guarantee as afore mentioned; The condition of this bond is that the obligor and his representative observe all the provisions of the Act in respect of export of goods or services, and rules made thereunder; AND if the relevant and specific goods or services are duly exported; AND if all dues of Integrated tax and all other lawful charges, are duly paid to the Government along with interest, if any, within fifteen days of the date of demand thereof being made in writing by the said officer, this obligation shall be void; OTHERWISE and on breach or failure in the performance of any part of this condition, the same shall be in full force and virtue: AND the President shall, at his option, be competent to make good all the loss and damages, from the amount of bank guarantee or by endorsing his rights under the above-written bond or both; I/We further declare that this bond is given under the orders of the Government for the performance of an act in which the public are interested; IN THE WITNESS THEREOF these presents have been signed the day hereinbefore written by the obligor(s). Signature(s) of obligor(s). Date : Place : Witnesses (1) Name and Address Occupation (2) Name and Address Occupation
14 Accepted by me this...day of... (month)... (year)..of.. (Designation) for and on behalf of the President of India.". To, Letter of Undertaking for export of goods or services without payment of integrated tax (See rule 96A) The President of India (hereinafter called the "President"), acting through the proper officer I/We... of... (address of the registered person) having Goods & Services Tax Identification Number No, hereinafter called "the undertaker(s) including my/our respective heirs, executors/ administrators, legal representatives/successors and assigns by these presents, hereby jointly and severally undertake on this... day of... to the President (a) to export the goods or services supplied without payment of integrated tax within time specified in sub-rule (1) of rule 96A ; (b) to observes all the provisions of the Goods and Services Tax Act and rules made thereunder, in respect of export of goods or services; (c) pay the integrated tax, thereon in the event of failure to export the goods or services, along with an amount equal to eighteen percent interest per annum on the amount of tax not paid, from the date of invoice till the date of payment. I/We declare that this undertaking is given under the orders of the proper officer for the performance of enacts in which the public are interested. IN THE WITNESS THEREOF these presents have been signed the day hereinbefore written by the undertaker(s) Signature(s) of undertaker(s). Date : Place : Witnesses (1) Name and Address Occupation (2) Name and Address Occupation Date Place Accepted by me this...day of... (month) (year)..of. (Designation) for and on behalf of the President of India
GOVERNMENT OF WEST BENGAL DIRECTORATE OF COMMERCIAL TAXES 14, BELIAGHATA ROAD, KOLKATA TRADE CIRCULAR NO. 07/2017 DATED:
GOVERNMENT OF WEST BENGAL DIRECTORATE OF COMMERCIAL TAXES 14, BELIAGHATA ROAD, KOLKATA-700015 TRADE CIRCULAR NO. 07/2017 DATED: 19.07.2017 Subject: Clarification/Guidelines regarding submission of Bond/Letter
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