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One Nation One Tax - Divided by States in LUT!!

Anuj Bansal
Zero-rated exports compliance: LUT documentation requirements vary by state, complicating uniform GST export procedures. Exports under GST are Zero Rated supplies deliverable with or without IGST by furnishing a Letter of Undertaking (LUT). Comparative analysis of four state administrations shows a common core of required documents (PAN, GSTN, RFD 11, authorization and board resolution, IEC) but material state-level differences in required supporting evidence-examples include notarized/stamped LUT formats, bank remittance certificates (FIRC/BRC), balance sheets, export registration certificates (RCMC/Export House status), and VAT or Service Tax return copies-which complicate uniform LUT processing. (AI Summary)

Exports under GST have been categorized as Zero Rated supplies which can be made with or without payment of IGST. One can do exports without payment of IGST either under Bond or LUT. Under this article analysis has been done for the list of documents required to be furnished for obtaining LUT in the states of Delhi, UP, Haryana & West Bengal. Following are the list of documents required for the same:-

S.No

Particulars

Delhi

Haryana

UP

West Bengal

1

Request for acceptance of GST RFD-11 on Letter head of the company

Required

Required

Required

Required

2

Letter of Undertaking

Letter Head of the Company / Notarized Non judicial Stamp paper

₹ 100 Stamp Paper / Letter Head

₹ 300 Stamp Paper

₹ 100 Stamp paper duly notarized – 2 Copies

3

RFD-11

Letter Head of the Company

Letter Head of the Company

Letter Head of the Company

Letter Head of the Company

4

PAN of the company

Required

Required

Required

Required

5

Export House Status  Holder Certificate

Not Required

Required, if applicable

Required, if applicable

Required, if applicable

6

Bank Remittance Certificate / FIRC (2016-17) – 10% of Export Turnver

Required

FIRC Required

FIRC Required

BRC Required

7

Balance Sheets for Previous Year

Not Required

Not Required

Not Required

Required

8

Bank Certificate for receipt of Foreign remittance (10% of Export turnover)

Required

Not Required

Not Required

Not Required

9

Authorization letter for Authorized Signatory

Required

Required

Required

Required

10

Board Resolution in favour of Authorized Signatory

Required

Required

Required

Required

11

PAN of Signing Authority

Required

Required

Required

Required

12

Passport / Adhaar card / ID proof of signing authority

Required

Required

Required

Required

13

Trade License

Not Required

Not Required

Not Required

Required

14

GSTN copy / Provisional ID

Required

Required

Required

Required

15

Export House / RCMC (Registration cum membership certificate)

Not Required

Not Required

Not Required

Required

16

IEC Code

Required

Required

Required

Required

17

Export Order Copy

Not Required

Not Required

Not Required

Required

18

2 Witness – Photo ID Proof

Required

Required

Required

Required

19

ID and Address Proof of Director

Required

Required

Required

Not Required

20

Undertaking / Affadavit that registered person has not been prosecuted for any offence

On Letter head of the company

On ₹ 100 stamp paper

On ₹ 100 stamp paper

Not Required

21

CA Certificate

Not Required

Not Required

Required

Not Required

22

Copy of ST-3 Return for F.Y. 2016-17

Not Required

Required

Not Required

Not Required

23

Export Bill / Invoice

Required

Not Required

Not Required

Not Required

24

Copy of DVAT-16 of all 4 quarters of 2016-17 or GSTR-3 of all months for proceeding year.

Required

Not Required

Not Required

Not Required

After analyzing the aforesaid table, it can be seen that though most of the documents required by the states for filing application for LUT are same. But there are certain specific documents like last year’s Balance Sheet, ST-3 (Service Tax returns), VAT Returns, Bank certificate, etc which are specifically required by few states. Though Government often claims GST as one nation one tax but when it comes to actual implementation and practicality of situations the story is somewhat different. Every state has published their own set of document and it’s very difficult for the tax payer to contact officials of specific state and inquire for list of documents required for LUT. GST common helpline number is always short of answers & they often shrug shoulders saying contact the respective state department. Few states like Haryana have launched their GST helpline number which is available on their website https://haryanatax.gov.in  but in other states contacting officers and receiving information on the subject matter is a herculean task. Had there been a standard format for all states then it would be quite easy for the tax payers to obtain LUTs from the department without much efforts. This is just a beginning of GST era, however, it is believed that things will be streamlined in future and GST will surely prove its tag line ‘One Nation One Tax’.

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KASTURI SETHI on Jul 31, 2017

Sh.Anuj Bansal Ji,

Very good article. De facto, it is not One Nation One Tax, especially, when State Govts. have been delegated powers to levy tax in addition to CGST.SGST/IGST.

satbir singhwahi on Aug 1, 2017

Good article. This issue comes when individuals start making own rules.

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