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For export only being a proprietor where does GST refund happen Purchase side or selling side

Rules 423 views 1 replies

Situation 1 – I purchase a finished product or raw material on “Purchase Price” in India, In this purchase price the seller has already added GST. Now I add my profit margin on top of this ‘Purchase Price’ and then export it without adding GST in the Invoice and then later claim for GST which I paid during the purchase which was part of the purchase.  

Situation 2 – I follow the above thing except that while adding my profit margin before export I subtract GST amount from my profit margin to conclude the final export selling price (as that GST I will be getting after claiming)  

Situation 3 – I pay GST when I am purchasing (as already added in the purchase price) and then export (sell) the product after adding GST, this would be a higher figure of GST than what I already paid during purchase as now GST is calculated on my selling price which includes my profit margin also and then later claims for the GST which I added on export selling price. So basically when I am claiming on this GST which I added to the export selling price then I would be getting a refund of the complete GST figure (the figure which I gave at the time of purchase which I added in the export selling price with a higher amout of GST based on the final selling price of export).  

Please tell me which situation will actually happen in the case of Export ?
 

Replies (1)

Great question about GST refund on exports as a proprietor! Let me clarify the mechanics and rules:


Basics for Export under GST:

  • Exports are zero-rated supplies under GST (Section 16 of IGST Act).

  • You do not charge GST on export invoices.

  • You are eligible to claim a refund of the Input Tax Credit (ITC) paid on inputs (purchases) used for export or alternatively export under LUT/Bond without payment of IGST and claim refund of unutilized ITC.


Now, let’s analyze your situations:


Situation 1:

  • You purchase products including GST.

  • You add your profit margin on top of the purchase price.

  • You do not charge GST on export invoice.

  • You claim refund of GST paid on your purchases (inputs/input services).

This is the correct and usual method for export under GST.


Situation 2:

  • Same as Situation 1, but you subtract GST from your profit margin to set your export price.

  • This is just a pricing strategy, not related to GST rules.

  • You still do not charge GST on export invoice.

  • You claim refund of GST paid on purchases.

This is also valid, pricing is your business decision; GST treatment remains same as in Situation 1.


Situation 3:

  • You pay GST on purchases (inputs) as usual.

  • You charge GST on your export selling price including profit margin.

  • You claim refund of the GST charged on exports in addition to ITC on purchases.

This is NOT correct because:

  • You cannot charge GST on exports (exports are zero-rated).

  • If you charge GST on exports, it will be an error, and your export invoice will be incorrect.

  • You can only claim refund of ITC on inputs and input services, not IGST charged on exports.

  • GST charged on export invoices will likely be rejected by the tax department, and cause complications.


Summary:

Situation Is it compliant? Refund available on:
1 Yes GST paid on purchases (ITC)
2 Yes GST paid on purchases (ITC)
3 No Cannot charge GST on exports, refund claim will be rejected

Additional Notes:

  • You should issue export invoices without GST (zero-rated).

  • Claim refund of input GST (ITC) paid on purchase/input services used for export.

  • You can export under LUT/Bond without payment of IGST.

  • Maintain proper documents (purchase invoices, export invoices, shipping bills) to support refund claim.


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