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TMI BlogClarification on issues related to furnishing of Bond/Letter of Undertaking for ExportsX X X X Extracts X X X X X X X X Extracts X X X X ..... ugust, 2017 on the subject above which is as under; "Please refer to Notification No. 16/2017 - GST dated 7th July, 2017 and Circular No. 2/2/2017 - GST dated 5th July, 2017, Circular No. 4/4/2017 - GST dated 7th July, 2017. A large number of communications have been received from the field formations and exporters citing variation in the interpretation of above referred notification and circulars. 2. Therefore, in exercise of powers conferred under section 168 (1) of the Central Goods and Services Tax Act, 2017, for the purpose of uniformity in the implementation of the Act, following issues are being clarified hereunder: a. Eligibility to export under LUT: Notification No. 16/2017 - Central Tax dated 7th July 2017 specifies co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... port turnover, He will not be eligible for LUT facility as remittance received is less than ₹ 1 crore. iv. An exporter has export turnover of ₹ 40 crore, He has received ₹ 2 Crores as foreign inward remittances in FY 2016=17 which is 5% of the export turnover. He will not be eligible for LUT facility as remittance received is less than 10% of export turnover, even though it is in excess of ₹ 1 crore. v. An exporter has received ₹ 1 Crore 10 lacs as foreign inward remittances in FY 2016-17 which is 20% of the export turnover. In this scenario, he will be eligible for LUT facility. It may however be noted that a status holder as specified in paragraphs 3.20 and 3.21 of the Foreign Trade Policy 2015-2020 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... GST just like any other taxable supplies. The EOUs, to the extent of exports, are eligible for zero rating like any other exporter. f. Forward inward remittance in Indian Rupee: Various representations have been received with respect to receipts of proceeds of supplies in Indian Rupee especially with respect to exports to Nepal, Bhutan and SEZ developer/SEZ unit. Attention is invited to Para A (v) Part-1 of RBI Master Circular no. 14/2015-16 dated July 1, 2015 (updated as on November 5, 2015), which states "there is no restriction on invoicing of export contracts in Indian Rupees in terms of the Rules, Regulations, Notifications and Directions framed under the Foreign Exchange Management Act 1999. Further, in terms of Para 252 of th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of liberal interpretation are as follows: i. an exporter registered with recognized Export Promotion Council can be allowed to submit bond without bank guarantee on submission of a self-attested copy of the proof of registration with a recognized Export Promotion Council. ii. In the GST regime, registration is State-wise which means that the expression 'registered person' used in the said notification may mean different registered persons (distinct persons in terms of sub-section (1) of section 25 of the AM) if a person having one Permanent Account Number is registered in more than one State. It may so happen that a registered person may not satisfy the condition regarding foreign inward remittances in respect of one particul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entral tax dated 7th July, 2017- Verification, if any, may be done on post facto basis. Similarly, Status holder exporters have been given the facility of LUT under the said notification and a self-attested copy of the proof of Status should be sufficient j. Applicability of circulars on Bond/LUTs: It is learnt that some field officers have inferred that the instructions given by the said circulars are effective in respect of exports made only from the date of its issue despite the fact that it has been categorically clarified specifically in the said circular (dated 7th July, 2017) that the instructions shall be applicable for exports on or after 1st July, 2017. It is reiterated that the instructions issued vide said circular and this c ..... X X X X Extracts X X X X X X X X Extracts X X X X
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