TaxTMI 
TaxTMI 
TaxTMI 
An attempt is made to identify the Differential Treatment in GST law with respect to Export of Goods with or without payment of GST
Why Differential Treatment:
Sl. No. | Area of difference | Refund of ITC on Export of Goods withoutpayment of Tax | Refund of ITC on Export of Goods withpayment of Tax |
1. | LUT/Bond | Required and to file FORM GST RFD-11 | Not required |
2. | Refund Application | Application in Form GST RFD-01 | S B is deemed to be refund application |
3. | Filing of declarations and undertakings | No such declarations and undertakings | |
4. | Turnover of zero-rated supply of goods | Value restricted to 1.5 times the value of like goods domestically supplied | No such restriction |
5. | Turnover of Zero rated supplies - Invoice Value Vs S B Value | Lower of Invoice value or SB value | Invoice Value |
6. | ITC on Capital Goods | Not allowed as refund | Allowed as refund ! |
7. | Realisation of export proceeds | If not realised - Recovery of refund in terms of rule 96B | If not realised - ………….? |
Whereas, same exporter may have both scenarios and in both the cases goods are exported and convertible foreign exchange is earned But for refund of GST - Why Differential Treatment !
You are welcomed to add or correct …