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Deemed Export supply as per Custom but not as per GST

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..... Deemed Export supply as per Custom but not as per GST
Query (Issue) Started By: - JAIPRAKASH RUIA Dated:- 4-2-2021 Last Reply Date:- 5-2-2021 Goods and Services Tax - GST
Got 6 Replies
GST
B2B supply to EOU where supplier is availing deemed export DBK benefit under FTP For Recipient of goods it is normal DTA purchase under GST as no deemed export formality under GST completed like FO .....

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..... RM-A. Whether supplier to file such supply in table 4A or 6C of GSTR-1. Reply By Rajagopalan Ranganathan: The Reply: Sir, Reporting requirements in GSTR - 1 and GSTR - 3B in respect of deemed exports.: 6C of GSTR-1. Deemed exports Deemed export supplies are required to be disclosed in Table 6C of Form GSTR - 1. The registered dealer has to give invoice details and tax paid on such supplies. .....

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..... GSTIN of recipient Invoice wise details [No./Date/Value] Shipping bill / Bill of export[No./Date] Integrated tax[Rate/Taxable value/Amt.] Cess Reply By JAIPRAKASH RUIA: The Reply: Sir, thanks for your valued reply. However this particular situation where the supply is deemed export as per custom act but not as per GST act. Whether the supplier will file GSTR-1 as normal DTA sale with tax o .....

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..... r as deemed export even if it is not deemed export supply under GST because neither supplier nor recipient completed the condition of notification issued under GST for deemed export. Reply By Rajagopalan Ranganathan: The Reply: Sir, In that case the tax paid by the supplier can be availed as ITC by the recipient. Reply By KASTURI SETHI: The Reply: Definition of 'Deemed Export' provide .....

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..... d under Para no.7.01 and 7.02 of FTP 2015-20 has to be followed. Section 147 of CGST Act is subject to FTP. Major criteria in deemed exports is that goods and services both do not leave India. Serial no 6 C of Table 6 of GSTR-1 is most appropriate column to be filled in instead of 4 A as also opined by Sh.Ranganathan, Sir. Reply By Shilpi Jain: The Reply: Yes. can disclose as deemed export. The .....

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..... requirement of furnishing Forms is as per circular 14/14/2017 14/14/2017. It has been generally held that mere procedural non-compliance should be viewed liberally it is not in dispute that sale is made to EOU. However, in case the recipient / supplier going for refund, procedural lapse could pose problem. Reply By KASTURI SETHI: The Reply: If refund claim (i.e. revenue) is involved, procedural .....

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..... lapse will be a stumbling block.
Discussion Forum - Knowledge Sharing .....

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