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Export of Goods with or without payment of GST

Chethan Kumar
Differential GST treatment for exports: distinct refund, documentation and valuation rules depending on tax payment status. Differential GST treatment distinguishes exports made under a bond/LUT without payment of tax from exports with tax paid: the former requires LUT/bond and Form GST RFD-11, uses Form GST RFD-01 for refunds, mandates additional declarations and restricts zero-rated turnover to 1.5 times domestic like-goods turnover with refund value as the lower of invoice or shipping bill value; input tax credit on capital goods is not refunded and recovery applies for unrealised export proceeds. Exports with tax paid do not face these procedural or turnover restrictions and allow refund of capital goods ITC, with refund processed through a deemed shipping bill mechanism. (AI Summary)

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

S. 16(2)(c), S. 42(2)

r. 91(1), r.96B, etc..

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 …

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