Conditions for Export Supplies made under Bond or LUT - Rule 96A



Quick Summary
Rule 96A of the CGST Rules, 2017 outlines the conditions for exporters opting to supply goods or services without paying tax, using a bond or Letter of Undertaking (LUT). Exporters must submit Form GST RFD-11 and adhere to specific timelines: goods must be exported within three months of the invoice date, and payment for services received within one year. Failure to meet these conditions necessitates paying the applicable tax and interest within 15 days, or the export facility under bond/LUT will be revoked.

The Government takes a number of steps to make exporting easier in order to promote exports.  As long as the exporter complies with specific requirements, export supplies are tax-free when domestic market supplies are.  Let's talk about the Rule 96A of CGST Rules, 2017.

Export Under Bond/LUT: Conditions for Rule 96A
  • When an exporter opts to supply goods or services for export without payment of tax, he should furnish a bond or Letter of Undertaking (LUT) in Form GST RFD-11 to the jurisdictional commissioner.
  • Form GSTR RFD-11 binds the exporter to pay the tax along with interest specified under Section 50 of the Act when he fails to fulfill certain conditions.
  • The exporter should export the goods within THREE MONTHS from the date of issue of the invoice.
  • The exporter should receive payment for the export of services within ONE YEAR from the date of issue of the invoice.
  • If the exporter fails either to export the goods within THREE MONTHS or receive payment for the export of services within ONE YEAR, the exporter has to pay applicable tax and interest within 15 days from the expiry of THREE MONTHS or ONE YEAR.
  • When the exporter fails to pay the tax amount along with applicable interest as he fails to fulfill the conditions, the export as allowed under bond or LUT shall be withdrawn, and the said amount will be recovered under Section 79 of the CGST Act.
  • Once the exporter pays the amount due, the bond or LUT will be restored, and the exporter can continue to export the supplies without payment of tax.
 

Reference: Rule 96A of CGST Rules, 2017

 

The author can also be reached at uday.gstguide@gmail.com

Disclaimer: This article is only for the purpose of understanding the provisions of the Act, the author bears no responsibility on decisions taken by the readers whatsoever.  E&OE.

FAQ :

Rule 96A specifies the conditions for exporters who choose to supply goods or services for export without paying tax, by furnishing a bond or Letter of Undertaking (LUT).

An exporter must furnish a bond or Letter of Undertaking (LUT) in Form GST RFD-11 to the jurisdictional commissioner.

Goods must be exported within THREE MONTHS from the date of the invoice.

Payment for the export of services must be received within ONE YEAR from the date of the invoice.

If the conditions are not met, the exporter must pay the applicable tax and interest within 15 days of the expiry of the time limit. Failure to do so will result in the withdrawal of the export facility under bond or LUT, and the amount will be recovered.

Yes, once the exporter pays the amount due, the bond or LUT will be restored, and they can continue to export supplies without payment of tax.


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About the Author

Manager - Accounts & Taxation

Im a Post graduate in Commerce. At present, Im working in a Private Limited Company as a Manager for Accounts Department and also giving GST consultancy service. I have 19+ years of experience in Accounting, Auditing Taxation. Contact for GST Consultation Return filing Please mail me at: Email: uday.gstguide @ ... Read more

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