Circular no-04/2017-F. No. 349/82/2017-GST-Reagrding issues related to Bond/Letter of Undertaking for exports without payment of integrated tax – Reg.

Circular No. 4/4/2017-GST

F. No. 349/82/2017-GST
Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs
(GST Policy Wing)
***

New Delhi, the 7th July, 2017

To,

The Principal Chief Commissioners / Chief Commissioners / Principal Commissioners/Commissioners of Central Tax (All)

Madam/Sir,

Subject: Issues related to Bond/Letter of Undertaking for exports without paymentof integrated tax – Reg.

Various communications have been received from the field formations and exporters thatdifficulties are being faced in complying with the procedure prescribed for making exports ofgoods and services without payment of integrated tax with respect to furnishing of bonds/Letterof Undertaking. Therefore, in exercise of powers conferred under section 168 (1) of the Central
Goods and Services Tax Act, 2017, for the purpose of uniformity in the implementation of theAct, these issues are being clarified hereunder.

2. As per rule 96A of the Central Goods and Services Tax Rules, 2017 ( The CGST Rules),any registered person exporting goods or services without payment of integrated tax is requiredto furnisha bond or a Letter of Undertaking (LUT) in FORM GST RFD-11.

3. Attention is invited to notification No. 16/2017-Central Tax dated 01-07-2017vide whichthe category of exporters who are eligible to export under LUT has been specified along with theconditions and safeguards. All exporters, not covered by the said notification, would submitbond. The procedure for submission and acceptance of bond has already been prescribed vide
circular No. 2/2/2017-GSTdated 4th July, 2017.The bond shall be furnished on non-judicialstamp paper of the value as applicable in the State in which bond is being furnished.

4. A clarification has been soughtas to whether bond to be furnished for exports is a runningbond (with debit / credit facility) or a one-time bond (separate bond for each consignment /export). It is observed consignment wise bond would be a significant compliance burden on theexporters. It is directedthat the exporters shall furnish a running bond, in case he is required to
furnish a bond, in FORM GST RFD -11. The bond would cover the amount of tax involved inthe export based on estimated tax liability as assessed by the exporter himself. The exporter shallensure that the outstanding tax liability on exports is within the bond amount. In case the bondamount is insufficient to cover the tax liability in yet to be completed exports, the exporter shall
furnish a fresh bond to cover such liability.

5. FORM RFD -11 under rule 96A of the CGST Rules requires furnishing a bank guaranteewith bond. Field formations have requested for clarity on the amount of bank guarantee as asecurity for the bond. In this regard it is directed that the jurisdictional Commissioner may decideabout the amount of bank guarantee depending upon the track record of the exporter. IfCommissioner is satisfied with the track record of an exporter then furnishing of bond without
bank guarantee would suffice. In any case the bank guarantee should normally not exceed 15%of the bond amount.

6. As regards LUT, it is clarified that it shall be valid for twelve months. If the exporter failsto comply with the conditions of the LUT he may be asked to furnish a bond.Exports may beallowed under existing LUTs/Bonds till 31st July 2017. Exporters shall submit the LUTs/bond inthe revised format latest by 31st July, 2017.

7. It is further stated that the Bond/LUTshall be accepted by the jurisdictional
Deputy/Assistant Commissioner having jurisdiction over the principal place of business of the
exporter. The exporter is at liberty to furnish the bond/LUT before Central Tax Authority or
State Tax Authority till the administrative mechanism forassigning of taxpayersto respectiveauthority is implemented.However, if in a State, the Commissioner of State Tax so directs, bygeneral instruction, to exporter, the Bond/LUT in all cases be accepted by Central tax officer tillsuch time the said administrative mechanism is implemented. Central Tax officers are directed to
take every step to facilitate the exporters.

8. Attention is further invited to circular No. 26/2017 – Customs dated 1st July 2017, videwhich it has been clarified that the existing practice of sealing the container with a bottle sealunder Central Excise supervision or otherwise would continue till 01st September, 2017. Suchsealing shall be done under the supervision of the officer having physical jurisdiction over theplace of business where the sealing is being done. A copy of the sealing report would be
forwarded to the Deputy/Assistant Commissioner having jurisdiction over the principal place ofbusiness.

9. These instructions shall apply to exports on or after 1st July, 2017. It is requested thatsuitable trade notices may be issued to publicize the contents of this circular.Difficulty, if any, inthe implementation of the above instructions may please be brought to the notice of the Board.Hindi version would follow-sd-

(Upender Gupta)
Commissioner (GST)

Download:-https://www.cbic.gov.in/resources//htdocs-cbec/gst/circularno-4-gst.pdf

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