Issues related to Bond Letter of Undertaking for exports without payment of IGST

 Circular No. 4/4/2017-GST

1. F.   No. 349/82/2017-GST Government of India Ministry of Finance

Department of Revenue

Central Board of Excise and Customs

(GST Policy Wing)

New Delhi, the 7^th July, 2017

To,

The Principal Chief Commissioners / Chief Commissioners / Principal Commissioners/ Commissioners of Central Tax (All)

Madam/Sir,

Subject: Issues related to Bond/Letter of Undertaking for exports without payment of integrated tax – Reg.

Various communications have been received from the field formations and exporters that difficulties are being faced in complying with the procedure prescribed for making exports of goods and services without payment of integrated tax with respect to furnishing of bonds/Letter of Undertaking. Therefore, in exercise of powers conferred under section 168 (1) of the Central Goods and Services Tax Act, 2017, for the purpose of uniformity in the implementation of the Act, these issues are being clarified hereunder.

1. As per rule 96A of the Central Goods and Services Tax Rules, 2017 ( The CGST Rules), any registered person exporting goods or services without payment of integrated tax is required to furnisha bond or a Letter of Undertaking (LUT) in FORM GST RFD-11.

1. Attention is invited to notification No. 16/2017-Central Tax dated 01-07-2017vide which the category of exporters who are eligible to export under LUT has been specified along with the conditions and safeguards. All exporters, not covered by the said notification, would submit bond. The procedure for submission and acceptance of bond has already been prescribed vide

circular No. 2/2/2017-GSTdated 4^th July, 2017.The bond shall be furnished on non-judicial stamp paper of the value as applicable in the State in which bond is being furnished.

1. A clarification has been soughtas to whether bond to be furnished for exports is a running bond (with debit / credit facility) or a one-time bond (separate bond for each consignment / export). It is observed consignment wise bond would be a significant compliance burden on the exporters. It is directedthat the exporters shall furnish a running bond, in case he is required to furnish a bond, in FORM GST RFD -11. The bond would cover the amount of tax involved in the export based on estimated tax liability as assessed by the exporter himself. The exporter shall ensure that the outstanding tax liability on exports is within the bond amount. In case the bond amount is insufficient to cover the tax liability in yet to be completed exports, the exporter shall furnish a fresh bond to cover such liability.

1. FORM RFD -11 under rule 96A of the CGST Rules requires furnishing a bank guarantee with bond. Field formations have requested for clarity on the amount of bank guarantee as a security for the bond. In this regard it is directed that the jurisdictional Commissioner may decide about the amount of bank guarantee depending upon the track record of the exporter. If Commissioner is satisfied with the track record of an exporter then furnishing of bond without bank guarantee would suffice. In any case the bank guarantee should normally not exceed 15% of the bond amount.

1. As regards LUT, it is clarified that it shall be valid for twelve months. If the exporter fails to comply with the conditions of the LUT he may be asked to furnish a bond.Exports may be allowed under existing LUTs/Bonds till 31^st July 2017. Exporters shall submit the LUTs/bond in the revised format latest by 31^st July, 2017.

1. It is further stated that the Bond/LUTshall be accepted by the jurisdictional Deputy/Assistant Commissioner having jurisdiction over the principal place of business of the exporter. The exporter is at liberty to furnish the bond/LUT before Central Tax Authority or State Tax Authority till the administrative mechanism forassigning of taxpayersto respective authority is implemented.However, if in a State, the Commissioner of State Tax so directs, by general instruction, to exporter, the Bond/LUT in all cases be accepted by Central tax officer till such time the said administrative mechanism is implemented. Central Tax officers are directed to take every step to facilitate the exporters.

1. Attention is further invited to circular No. 26/2017 – Customs dated 1^st July 2017, vide which it has been clarified that the existing practice of sealing the container with a bottle seal

under Central Excise supervision or otherwise would continue till 01^st September, 2017. Such sealing shall be done under the supervision of the officer having physical jurisdiction over the place of business where the sealing is being done. A copy of the sealing report would be forwarded to the Deputy/Assistant Commissioner having jurisdiction over the principal place of business.

1. These instructions shall apply to exports on or after 1^st July, 2017. It is requested that suitable trade notices may be issued to publicize the contents of this circular.Difficulty, if any, in the implementation of the above instructions may please be brought to the notice of the Board. Hindi version would follow.

-sd-

(Upender Gupta)

Commissioner (GST)

GST rate payable on goods or service, click here

Click here to know GST exemption list of goods and service

GST registration guidelines

How to export your goods?

Does Interest attract on GST Tax payment delay?

Mechanism of Payment of GST tax in India

Levy of late fee for GST Tax returns filing in India

Notice to GST return filing defaulters

When to file Annual Return of GST online?

Procedures to claim reduction in output tax liability of GST in India

Procedures to claim Input Tax Credit under GST in India

When to file first Return of GST tax in India?

GST Tax returns filing – Who, How and When?

Is Received for shipment Bill of Lading sufficient for LC negotiation?

Is Risk Management System (RMS) simplify import? What is RMS in import.

Is sales tax applicable on shipments effected under high sea sales

Is Seaway bill a document of title? What is Seaway bill.

Is THC same in all ports

KINDS OF LOSSES in Marine Insurance

Know the term Port of Discharge and Place of Delivery

LC advantage exporter

How to open an LC? Procedures to open a Letter of Credit

How to overcome credit risk in export business?

How to overcome Negative thoughts in export business

How to prepare an Export Invoice. Contents of Export commercial Invoice:

How to prepare an Export Packing list. Contents of Export Packing list

How to prepare Purchase order

Transferability of Bill of Lading

Transhipment - A redefinition 

GST amount of rate on Air-conditioning machines

GST rate on Aluminium Utensils

GST slab rate on Base metal mountings, fittings

GST amount of rate on Bedspreads, Counterpanes, Napkins, Pillow

GST scheduled rate on ceramic constructional goods

GST payable rate on Cinematographic cameras and projectors

GST imposed rate on Composition leather with a basis of leather or leather fibre

GST amount of rate on Conveyor or transmission belts 

GST slab rate on Cotton yarn, other than khaki yarn

GST lived rate on Desferrioxamine injection

GST amount of rate on drawing instruments

GST on Food preparations 

GST on Carpet industries and sale of textile floor coverings

GST for Gaiters, Footwear parts, gaiter parts, footwear

GST rate on knitted or crocheted clothing accessories

GST tariff rate on Lead and products of Lead

GST on Machinery and Machinery parts

GST scheduled rate on manmade staple fibres

GST on Medical, Surgical, optical and cinematographic products

GST rate on Precious Metals, Precious Pearls

GST imposed rate on live plants and trees, nurseries