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LUT for FY 18-19

SARAVANAN RENGACHARY

Dear All,

LUT online submission in GST Portal is available for the FY 18-19.

Please provide a clarity as to whether only online submission is sufficient or should we file off line also like FY 17-18.

please clarify.

thanks.

Saravanan.

Letter of Undertaking online submission: ARN generation on portal is the operative acknowledgement, no physical filing required. Electronic submission of the Letter of Undertaking in the annexure to FORM GST RFD-11 on the portal is the operative compliance method; generation of an ARN on submission serves as the acknowledgement and obviates physical submission. Transitional manual filing was tolerated while portal functionality was unavailable, but departmental guidance and a subsequent circular confirm online filing and ARN generation as the standard process, with retention or communication of the ARN advised where local portal menus are not yet responsive. (AI Summary)
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SHIVKUMAR SHARMA on Mar 29, 2018

Online is Sufficient.Not required to submit hard Copy.

SARAVANAN RENGACHARY on Mar 29, 2018

Is there any circular available from department side stating that only online is sufficient?.

Saravanan.

Alkesh Jani on Mar 29, 2018

Sir, till date I have not came across any such authority. Therefore, it is suggested that LUT may be filed online and download the hard copy of the same submit it to the J.O.

KASTURI SETHI on Mar 29, 2018

Pl. read Point No. 2(L) of the following circular:-

Export of goods - Furnishing of Bond/Letter of Under-taking for exports - Clarification

Circular No. 8/8/2017-GST, dated 4-10-2017

 

KASTURI SETHI on Mar 29, 2018

Dear Querist.

Para No.2(L) of above circular, especially, the highlighted portion supports the view of Sh.Shiv Kumar Sharma, an expert.

Alkesh Jani on Mar 30, 2018

Sir, With due regards, Please pursue Para (ii) of Notification No.37/2017-CT dated 04/10/2017, the same reproduced below :-

(ii) the Letter of Undertaking shall be furnished on the letter head of the registered person, in duplicate, for a financial year in the annexure toFORM GST RFD – 11 referred to in sub-rule (1) of rule 96A of the Central Goods and Services Tax Rules, 2017 and it shall be executed by the working partner, the Managing Director or the Company Secretary or the proprietor or by a person duly authorised by such working partner or Board of Directors of such company or proprietor;

Sir, Please clarify the issue based on above.

KASTURI SETHI on Mar 30, 2018

' Liberty' of filing LUT manually has ended from the date of availability of online facility. Note the words 'at liberty' in the highlighted para of Board's circular. This circular has discussed notification referred to by you. The manual facility was for the time being.

Alkesh Jani on Mar 30, 2018

Sir, Thanks for your reply, but sorry to say still I am confused that the word liberty is with regards, to furnishing LUT before either Central or State Officer. Further, When notification mentions of LUT on letter head and to be submitted in duplicate. Can Circular be relied upon.Moreover, on GST portal does not speaks about this.

Regards,

KASTURI SETHI on Mar 30, 2018

We should not be dragged into such trivial matters. Every item of work is going paperless. From A to Z, will be on common portal system. If Common Portal System does not click on any kind of work, we have to resort to manual submissions of docs. These are procedural matters. Nobody is going to be penalized for such lapses. 'Liberty' stands for filing manually. If facility is available on common portal system, the department would not accept docs manually. First preference is to follow Common Portal System. Liberty means option is available manually, if facility is not available on Common Portal.

SHIVKUMAR SHARMA on Mar 31, 2018

Please refer following tweet taken from the other site.

We are receiving many queries form the users regarding LUT. After submission of LUT What to do, How LUT will be received etc…

Answer of above question is: After Submission of LUT ARN will be generated but not LUT number, Which is Acknowledgement. No Seperate Acknowledgement is Required as confirmed by Department in their Tweets.

Refer Below tweets:

We are receiving many queries form the users regarding LUT. After submission of LUT What to do, How LUT will be received etc…

Answer of above question is: After Submission of LUT ARN will be generated but not LUT number, Which is Acknowledgement. No Seperate Acknowledgement is Required as confirmed by Department in their Tweets.

Refer Below tweets:

Ganeshan Kalyani on Apr 3, 2018

interaction with the department in person has been reduced by adopting online method. This is ease of doing business. Good part of GST.

Alkesh Jani on Apr 5, 2018

Dear all, with due respect to all, I just want to inform you that as on i.e. 05/04/2018, on my personal visit to Range office and Division office of CGST, Ahmedabad, it was informed that still menu for granting LUT online is not available on their screen. The exporter may not suffer for any litigation, in future so it is my humble request that please visit your J.O. although LUT is filed online.

With Regards,

Keyur Mehta on Apr 5, 2018

I agree with Mr. Alkesh Jani.

It is good to think that online submission is sufficient given the provisions and law. However, it is practical experience that if due care not taken, may lead to unnecessary litigation and harassment. So as a measure of not undergoing criminal wastage of time, it is advisable that one sends across copy of acknowledgement to JO.

SARAVANAN RENGACHARY on Apr 6, 2018

Great Relief !!!

No document needs to be physically submitted for LUT

As per circular no. 40/14/2018, exporters to file LUT in form GST RFD-11 on the portal only. LUT will be deemed to be accepted as soon as ARN is generated. No document needs to be physically submitted to the jurisdictional office.

Circular No. 40/14/2018-GST dated 06th April 2018

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