Answer

GST

Bond and bank guarantee instead of LUT

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  1. Facts

    Where LUT is not allowed, the exporter furnishes a bond in RFD-11 covering the estimated tax on exports. Circular 8/2017-GST says the bank guarantee is normally up to 15 percent of the bond amount.

  2. Provisions and law

    • Circular 8/2017-GSTLUT available to all exporters except those prosecuted for evasion above ₹250 lakh; valid for the financial year; deemed accepted if not accepted within 3 working days
    • Rule 96A, CGST Rules 2017Export under LUT or bond: goods to be exported within 3 months of invoice and payment for services received within 1 year, else tax with interest
  3. Analysis

    If you expect IGST of ₹20 lakh on exports during the bond period, the bond is ₹20 lakh with a bank guarantee of about ₹3 lakh. The bond is a running bond, debited as exports happen and credited when proof is shown. Discuss with the officer whether the guarantee can be waived.

  4. Conclusion

    1. Estimate the tax on exports for the period.
    2. Prepare the bond on non-judicial stamp paper.
    3. Obtain the bank guarantee.
    4. Submit to the jurisdictional officer and keep the acceptance.

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