Export of Goods with or without payment of GST

[chethan kumar]

An attempt is made to identify the Differential Treatment in GST law with respect to Export of Goods with or without payment of GST

Why Differential Treatment:

Sl. No.	Area of difference	Refund of ITC on Export of Goods without payment of Tax	Refund of ITC on Export of Goods with payment of Tax
1.	LUT/Bond	Required and to file FORM GST RFD-11	Not required
2.	Refund Application	Application in Form GST RFD-01	S B is deemed to be refund application
3.	Filing of declarations and undertakings	S. 16(2)(c), S. 42(2) r. 91(1), r.96B, etc..	No such declarations and undertakings
4.	Turnover of zero-rated supply of goods	Value restricted to 1.5 times the value of like goods domestically supplied	No such restriction
5.	Turnover of Zero rated supplies - Invoice Value Vs    S B Value	Lower of Invoice value or SB value	Invoice Value
6.	ITC on Capital Goods	Not allowed as refund	Allowed as refund !
7.	Realisation of export proceeds	If not realised - Recovery of refund in terms of rule 96B	If not realised - ………….?

Whereas, same exporter may have both scenarios and in both the cases goods are exported and convertible foreign exchange is earned But for refund of GST - Why Differential Treatment !

You are welcomed to add or correct …