Answer

GST

Goods not exported within 3 months under LUT

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  1. Facts

    Rule 96A says goods supplied under LUT must be exported within 3 months of the invoice, or a longer period the Commissioner allows. If not, IGST with interest is payable within 15 days after the period ends.

  2. Provisions and law

    • 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
    • Circular 37/11/2018-GSTDelay in furnishing LUT may be condoned and the LUT accepted after the event
  3. Analysis

    June to October is more than 3 months. Circular 37/11/2018-GST says the extension can be granted after the event, so ask the Commissioner to extend the period before paying. If you have to pay, the IGST plus interest from the invoice date can then be claimed as refund once export happens.

  4. Conclusion

    1. List invoices where export took more than 3 months.
    2. Apply to the jurisdictional Commissioner for extension with reasons.
    3. If refused, pay IGST with interest by DRC-03.
    4. Claim refund of that tax after export.

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