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Supply of Service to SEZ without LUT and Without Payment of Tax
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....upply of Service to SEZ without LUT and Without Payment of Tax<br> Query (Issue) Started By: - Krishna PANYAM Dated:- 16-5-2021 Last Reply Date:- 17-5-2021 Goods and Services Tax - GST<br>Got 5 Replies<br>GST<br>Mr A does a Service to SEZ without payment of Tax, however he don't have LUT, since from FY 17-18 to 18-19. He filed all his return without LUT and without payment of Tax. From 19-20 ....
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....to 20-21 he has not filed his return and LUT also not applied for this period.. Now it has been identified. Question Now through DRC-03 the tax amount to be paid for FY 17-18 to 18-19 along with Interest.(Refund can't be claimed, because 2 year due date to claim refund is expired) With respect to 19-20 to 20-21, those invoices were unprocessed till now, if possible these Invoices were proc....
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....essed in April 2021 along with the interest and we can go for a refund claim? LUT applied for the FY 21-22. Please clarify sir. Reply By KASTURI SETHI: The Reply: Yes. You can apply for refund claim 19-20 and 20-21. Go through relevant portion of Circular No. 37/11/2018-GST, dated 15-3-2018 4. Exports without LUT: Export of goods or services can be made without payment of integrated tax und....
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....er the provisions of rule 96A of the Central Goods and Services Tax Rules, 2017 (the CGST Rules). Under the said provisions, an exporter is required to furnish a bond or Letter of Undertaking (LUT) to the jurisdictional Commissioner before effecting zero rated supplies. A detailed procedure for filing of LUT has already been specified vide Circular No. 8/8/2017 -GST dated 4th October, 2017. It has....
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.... been brought to the notice of the Board that in some cases, such zero rated supplies have been made before filing the LUT and refund claims for unutilized input tax credit have been filed. 4.1. In this regard, it is emphasised that the substantive benefits of zero rating may not be denied where it has been established that exports in terms of the relevant provisions have been made. The delay in ....
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....furnishing of LUT in such cases may be condoned and the facility for export under LUT may be allowed on ex post facto basis taking into account the facts and circumstances of each case. Reply By Krishna PANYAM: The Reply: Dear Sir, Thank you for the Information. I am having another clarification also, If suppose the Invoices pertains to FY 19-20 to FY 20-21 as been processed without payment o....
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....f Tax in APRIL 2021 would there be any consequence? If so please guide me sir. Reply By Shilpi Jain: The Reply: You need not pay tax for the sez supply just because there was no lut applied. It is only a procedural requirement. Pls write to the department for condoning the procedural lapse as per the mater circular on refund. 125/2019 Reply By KUMAR Narasimhan: The Reply: Thank you so much fo....
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....r the Information Mam Reply By KASTURI SETHI: The Reply: Yes.Circular No. 125/44/2019-GST, dated 18-11-2019 (Para No.44) will also be useful in respect of your query against Issue ID 117225.<br> Discussion Forum - Knowledge Sharing ....