CHA issuing invoice domestic customer for export shipment

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01 December 2017 in case of CHA, issuing invoice to Indian based customer for export shipment, whether GST will be not applicable if letter of undertaking issued,. pl advise

Guest

Guest (Querist)

02 December 2017 Expert team pl advise.

Aashok Kumar Sharma online

Aashok Kumar Sharma

(Expert)
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12 July 2024 In the context of Custom House Agents (CHAs) issuing invoices to Indian-based customers for export shipments, the applicability of GST depends on whether the export is considered a "zero-rated supply" under GST law. Here’s a detailed explanation:

1. **Zero-rated Supply under GST:**
- Export of goods or services are classified as zero-rated supplies under GST. This means that GST is not applicable on exports, but exporters can claim input tax credit (ITC) on inputs and input services used in making such exports.
- To facilitate zero-rated supplies, exporters have the option to either:
- Pay integrated GST (IGST) on the export supply and then claim a refund of IGST paid, or
- Export under a Letter of Undertaking (LUT) without payment of IGST and claim refund of accumulated ITC.

2. **Letter of Undertaking (LUT):**
- A Letter of Undertaking (LUT) is a document submitted by exporters to the GST authorities declaring their intent to export goods or services without payment of IGST.
- Once an exporter files an LUT with the GST department, they can issue invoices for exports without charging IGST.
- This facility is available to exporters who have a clean record of compliance and meet certain criteria laid down by the GST authorities.

3. **Applicability to CHAs:**
- Custom House Agents (CHAs) facilitate exports by providing various services related to customs clearance, logistics, and documentation.
- When a CHA issues an invoice to an Indian-based customer for export-related services (e.g., customs clearance for exports), the supply of these services can also be considered as part of the export transaction.
- If the export transaction itself is zero-rated (i.e., either under payment of IGST with subsequent refund or under an LUT), the services provided by the CHA for such exports will also not attract GST.

4. **Conclusion:**
- In your case, if the CHA is issuing invoices for export-related services to an Indian-based customer and the export is conducted under an LUT (Letter of Undertaking), GST would generally not be applicable on these services.
- However, it’s crucial to ensure that all conditions for zero-rating under GST are met, including proper documentation and compliance with LUT requirements.
- It’s advisable to consult with a tax professional or GST expert to ensure compliance with GST regulations specific to your situation and to address any nuances that may apply.

By following these guidelines and ensuring proper adherence to GST rules, CHAs can effectively manage invoicing for export-related services without unintended GST implications.

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