GST
Bond and bank guarantee instead of LUT
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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.
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
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.
Conclusion
- Estimate the tax on exports for the period.
- Prepare the bond on non-judicial stamp paper.
- Obtain the bank guarantee.
- Submit to the jurisdictional officer and keep the acceptance.
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LUT filing RFD-11 for exporters
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