Input Credit of
IGST is available against output
liability
Deemed in the
course of Inter-
State Trade
IGST Applicable on Imports
Reverse Charge not applicable on ODBAR
Services imported by non-Taxable online
Recipient
No SAD will be applicable after
GST
IGST is payable along with the
Customs Duty at the time of Import
Reverse charge applicable on import of Services
GST Provisions for Export
Exports shall be
Zero Rated Supply under GST
Input Credit available for
Exporter
Supply to SEZ/SEZ
Developer is also
Zero Rated under GST
Two Options for Refund – Export under LUT or
Bond / Export by payment of IGST &
Claim IGST thereafter
Procedure for Refund of IGST to outbound Tourists
Refund can be claimed within 2 years
Refund of 90% on
provisional basis
GST Provisions for SEZ
Exports shall be
Zero Rated Supply under GST
Recipient liable to pay the duties/GST in case of domestic supply
Supply to SEZ/SEZ
Developer is Zero
Rated under GST
Two Options for Supplier – Zero Rated Sale under
LUT or Bond / Sale by payment of IGST &
Claim IGST thereafter
Onus of claiming refund is now on supplier of SEZ
Domestic supply to be treated as import of
Goods/Services
No Exemption from
Reverse Charge to SEZ
Refund claim of input taxes by exporters to be filed in form RFD-01.
in respect of supplies to a Special Economic Zone unit or a Special Economic Zone developer, the application for refund shall be filed by the – (a) supplier of goods after such goods have been admitted in full in the Special Economic Zone for authorised operations, as endorsed by the specified officer of the Zone; (b) supplier of services along with such evidence regarding receipt of services for authorised operations as endorsed by the specified officer of the Zone.
in respect of supplies regarded as deemed exports, the application shall be filed by the recipient of deemed export supplies.
The application shall be accompanied with:
(i) a statement containing the number and date of shipping bills or bills of export and the number and the date of the relevant export invoices, and a statement containing the number and date of invoices and the relevant Bank Realisation Certificates or Foreign Inward Remittance Certificates, as the case may be, in a case where the refund is on account of the export of services;
a statement containing the number and date of invoices as provided in rule 46 along with the evidence regarding the endorsement specified in the second proviso to sub-rule (1) in the case of the supply of goods made to a Special Economic Zone unit or a Special Economic Zone developer;
a statement containing the number and date of invoices, the evidence regarding the endorsement specified in the second proviso to sub-rule (1) and the details of payment, along with the proof thereof, made by the recipient to the supplier for authorised operations as defined under the Special Economic Zone Act, 2005, in a case where the refund is on account of supply of services made to a Special Economic Zone unit or a Special Economic Zone developer;
a declaration to the effect that the Special Economic Zone unit or the Special Economic Zone developer has not availed the input tax credit of the tax paid by the supplier of goods or services or both, in a case where the refund is on account of supply of goods or services made to a Special Economic Zone unit or a Special Economic Zone developer;
a statement containing the number and date of invoices along with such other evidence as may be notified in this behalf, in a case where the refund is on account of deemed exports;
(vi) declaration to the effect that the incidence of tax, interest or any other amount claimed as refund has not been passed on to any other person, in a case where the amount of refund claimed does not exceed two lakh rupees:
Provided that a declaration is not required to be furnished in respect of the cases covered under clause (a) or clause (b) or clause (c) or clause (d) or clause (f) of sub-section (8) of section 54;
(m) a Certificate in Annexure 2 of FORM GST RFD-01 issued by a chartered accountant or a cost accountant to the effect that the incidence of tax, interest or any other amount claimed as refund has not been passed on to any other person, in a case where the amount of refund claimed exceeds two lakh rupees:
Refund Amount = (Turnover of zero-rated supply of goods + Turnover of zerorated supply of services) x Net ITC ÷Adjusted Total Turnover
Refund of integrated tax paid on goods exported out of India.
(1) The shipping bill filed by an exporter shall be deemed to be an application for refund of integrated tax paid on the goods exported out of India and such application shall be deemed to have been filed only when:-
the person in charge of the conveyance carrying the export goods duly files an export manifest or an export report covering the number and the date of shipping bills or bills of export; and
the applicant has furnished a valid return in FORM GSTR-3 or FORMGSTR-3B, as the case may be;
The details of the relevant export invoices contained in FORM GSTR-1 shall be transmitted electronically by the common portal to the system designated by the Customs and the said system shall electronically transmit to the common portal, a confirmation that the goods covered by the said invoices have been exported out of India.
Upon the receipt of the information regarding the furnishing of a valid return in FORM GSTR-3 or FORM GSTR-3B, as the case may be, from the common portal, the system designated by the Customs shall process the claim for refund and an amount equal to the integrated tax paid in respect of each shipping bill or bill of export shall be electronically credited to the bank account of the applicant mentioned in his registration particulars and as intimated to the Customs authorities.
Disclaimer
This Presentation is intended to serve as a guide to the Member Participants of the Seminar/Conference and for information purposes only; and the contents are not to be construed in any manner whatsoever as a substitute for professional advice or legal opinion. No one should act on such information without appropriate professional advice after a thorough examination of particular situation. Information contained herein is of a general nature and is not intended to address the circumstances of any particular individual or entity. While due care has been taken to ensure that the information is current and accurate to the best of our knowledge and belief, there can be no guarantee that such information is accurate as of the date it is received or that it will continue to be accurate in the future. These PPTs contain information that is privileged and confidential. Unauthorized reading, dissemination, distribution or copying of this document is prohibited. We shall not be responsible for any loss or damage resulting from any action or decision taken on the basis of contents of this material.
