GST ON DEEMED EXPORT

My product rate of 12% while I export under deemed export rate of 0.1%

so remaining of 11.9%
will i have to claim from GST Department ???
Replies (3)
Quick Summary
This discussion clarifies the GST implications for deemed exports where the product rate is 12% but the export rate is 0.1%. It explains that the difference of 11.9% can be claimed from the GST department, provided all conditions are met. The advice includes referring to relevant notifications and circulars, and suggests obtaining indemnification from the exporter to mitigate risks.

So remaining of 11.9%
will i have to claim from GST Department ???yes it is your rights on condition the claim should be hold good

I think you are speaking about merchant exporter concept, where supplier supplies goods to Exporter who further exports the goods outside India. 

Refer Notification 40/2017-IGST(Rate).

Conditions of export and documentation are given therein. Where the transaction does not satisfy the conditions mentioned therein, the department could hold the supplier liable to payment of balance 11.9% tax. Therefore, suggest to always take an indemnification from the exporter on this aspect. 

Circular 37/2018-CGST provides details of going for refund under section 54(3)(ii) - Inverted duty structure where ITC has accumulated due to such reasons. 

For the exporter, where he procures goods at concessional rate he cannot go for refund with payment of tax, and only option is refund under without payment of tax.

 

Deemed exports is a separate concept u/s 147 read with notification 48/2017-Central Tax ,dt. 18-10-2017

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