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GST Refund of merchant export post deletion of 89(4) in 54th council meet, Goods and Services Tax - GST

Issue Id: - 119387
Dated: 5-11-2024
By:- Rashmi Bihani

GST Refund of merchant export post deletion of 89(4) in 54th council meet


  • Contents

Post deletion of Rule 96 (10) of IGST, a RTP can now export the goods purchased under .1 % (Merchant Export concessional rate) can now export the goods under IGST and now not required to export only under LUT

thanks

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Showing Replies 1 to 4 of 4 Records

Page: 1


1 Dated: 6-11-2024
By:- KASTURI SETHI

Dear querist,

In the heading of your query, you have mentioned the words, "post deletion of Rule 89 (4)". Sub-rule 4 of Rule 89 has not been deleted. In the query you have mentioned about deletion of Rule 96 (10). What is your actual query?

Pl. re-draft and also elaborate your query.


2 Dated: 6-11-2024
By:- Shilpi Jain

Ignoring the heading of your query, going by the text of your query - Yes you can export with payment of tax and claim refund


3 Dated: 6-11-2024
By:- Shilpi Jain

It would also be relevant for you to note the decision of the Kerala HC in the case of Sance Laboratories - 2024 (11) TMI 188 - KERALA HIGH COURT GST which has held that the said rule 96(10) is ultra vires. Thereby export with payment of tax was an option right from the beginning itself.


4 Dated: 14-11-2024
By:- Rashmi Bihani

It is with respect to the refund filling for merchant exports and export made by payment of duty (IGST). With deletion of 96(10) and 894(b) now whether 

Merchant supply can now  be exported with  payment  of Duty which before  8.10.2024 was restricted 


Page: 1

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