Clarification relating to export of services—sub-clause (iv) of the Section 2(6) of the IGST Act 2017

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....the provisions of clause (6) of section 2 of the Integrated Goods and Services Tax Act, 2017 (herein after referred to as the "IGST Act"). 2. The issue has been examined and to ensure uniformity in the implementation of the provisions of law across the field formations, the Commissioner of State Tax, in exercise of its powers conferred by section 168 of the Haryana Goods and Services Tax Act, 2017 (herein after referred to as the "HGST Act"), hereby clarifies the issue as under : 3. Relevant legal provisions : 3.1 Export of services has been defined under clause (6) of section 2 of the IGST Act. As per the said definition, any supply of services needs to fulfil five conditions for it to qualify as export of services. Clause (6) of ....

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....pproval from the Foreign Exchange Department of Reserve Bank of India, Central Office at Mumbai. Para 3 of the Circular is reproduced below : "3. In terms of Regulation 7(1) of the Foreign Exchange Management (Deposit) Regulations, 2016, AD banks in India have been permitted to open Rupee Vostro Accounts. Accordingly, for settlement of trade transactions with any country, AD bank in India may open Special Rupee Vostro Accounts of correspondent bank/s of the partner trading country. In order to allow settlement of international trade transactions through this arrangement, it has been decided that : (a) Indian importers undertaking imports through this mechanism shall make payment in INR which shall be credited into the Spec....

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....ough this mechanism, shall be paid the export proceeds in INR from the balances in the designated Special Vostro account of the correspondent bank of the partner country. 3.5 On perusal of the above, it can be stated that the condition(s) of sub-clause (iv) of section 2(6) of the IGST Act, 2017, can be considered to be fulfilled when the Indian exporters, undertaking exports of services, are paid the export proceeds in INR from the balances in the designated Special Vostro Account of the correspondent bank of the partner trading country in terms of Regulation 7(1) of Foreign Exchange Management (Deposit) Regulations, 2016, as mandated by RBI's A. P. (DIR Series) Circular No. 10 dated 11th July, 2022 and reiterated further in Foreign Trad....