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Deemed exports in GST

Samrat Sarabu 
on 30 November 2017

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Firstly what does deemed export means

As per S. 2(39) of the CGST Act, 2107 - 'Deemed exports' means such supplies of goods as may be notified under section 147.

S. 147. The Government may, on the recommendations of the Council, notify certain supplies of goods as deemed exports, where goods supplied do not leave India, and payment for such supplies is received either in Indian rupees or in convertible foreign exchange, if such goods are manufactured in India.

Notification No. 48/2017-Central Tax

G.S.R. (E).- In exercise of the powers conferred by section 147 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, hereby notifies the supplies of goods listed in column (2) of the Table below as deemed exports, namely:-

Table


S. No.

Description of supply

(1)

(2)

1.

Supply of goods by a registered person against Advance Authorisation

2.

Supply of capital goods by a registered person against Export Promotion Capital Goods Authorisation

3.

Supply of goods by a registered person to Export Oriented Unit

4.

Supply of gold by a bank or Public Sector Undertaking specified in the notification No. 50/2017-Customs, dated the 30th June, 2017 (as amended) against Advance Authorisation.


Explanation -

For the purposes of this notification,

1. 'Advance Authorization' means an authorization issued by the Director General of Foreign Trade under Chapter 4 of the Foreign Trade Policy 2015-20 for import or domestic procurement of inputs on pre-import basis for physical exports.

2. Export Promotion Capital Goods Authorization means an authorization issued by the Director General of Foreign Trade under Chapter 5 of the Foreign Trade Policy 201520 for import of capital goods for physical exports.

3. 'Export Oriented Unit' means an Export Oriented Unit or Electronic Hardware Technology Park Unit or Software Technology Park Unit or Bio-Technology Park Unit approved in accordance with the provisions of Chapter 6 of the Foreign Trade Policy 2015-20.

As per S. 54(1) of the CGST Act, 2017

Any person claiming refund of any tax and interest, if any, paid on such tax or any other amount paid by him, may make an application before the expiry of two years from the relevant date in such form and manner as may be prescribed:

Provided that a registered person, claiming refund of any balance in the electronic cash ledger in accordance with the provisions of sub-section (6) of section 49, may claim such refund in the return furnished under section 39 in such manner as may be prescribed.

Refund Meaning:

As per explanation 1 to S 54(14)

'refund' includes refund of tax paid on zero-rated supplies of goods or services or both or on inputs or input services used in making such zero-rated supplies, or refund of tax on the supply of goods regarded as deemed exports, or refund of unutilized input tax credit as provided under sub-section (3).

It means in the case of zero rated supplies only refund of the tax paid is available no option of supply without payment of IGST by way of LUT/ Bond since zero rated supply do not include deemed exports.

Zero rated supply definition:

As per SA 16 of the IGST Act, 2017:

'zero rated supply' means any of the following supplies of goods or services or both, namely:-

(a) export of goods or services or both; or
(b) supply of goods or services or both to a Special Economic Zone developer or a Special Economic Zone unit.

As per explanation 2 to S 54(14)

Relevant date in the case of supply of goods regarded as deemed exports where a refund of tax paid is available in respect of the goods, the date on which the return relating to such deemed exports is furnished;

Rule 89 of CGST Rules, 2017 deals regarding the refund related to the tax paid on deemed exports as follows:

[Provided also that in respect of supplies regarded as deemed exports, the application may be filed by, -

(a) the recipient of deemed export supplies; or
(b) the supplier of deemed export supplies in cases where the recipient does not avail of input tax credit on such supplies and furnishes an undertaking to the effect that the supplier may claim the refund].


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