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GST in India has significantly changed the export tax system. With the implementation of GST, the government has streamlined the export process and provided various benefits and incentives to exporters. However, exporters must comply with the procedures and regulations specified under GST to avail of these benefits.
This article discusses the concept of deemed exports under GST and the various forms of refunds available to exporters.
Travelling from India with goods for sale is commonly perceived as an export activity. However, certain sales may not be subject to taxes under the GST system. The government can classify specific deliveries of goods as “deemed exports” through official notifications. This means that even if the products remain in India, their supply will be considered an export.
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The Central Goods and Services Tax Act 2017 designates certain supplies as “deemed exports,” even if the products are not leaving India. This includes products made or produced in India and paid for in Indian Rupees or a converted currency. The taxes on these supplies are due at delivery, and any taxes already paid may be refunded.
Under CGST notice no. 48/2017, the following supplies are considered presumed exports: sales to a buyer with an AA, capital goods authorisation for export, sales to export-oriented units or technology parks, and gold supplied by a bank or government-owned enterprise in exchange for AA.
It is important to note that the definition of presumed exports under the Foreign Trade Policy is distinct from the definition under GST legislation, and shipments considered presumed exports under the FTP rules may not meet the requirements for such status under the GST rules. In contrast, an export is defined as the shipment of goods outside of India, while a deemed export refers to the supply of goods that are not physically leaving India but are still treated as exports for tax purposes.
Presumed export supplies are not automatically considered zero-rated supplies, unlike actual exports. It is anticipated that GST will be charged at the time of supply for all such export supplies. Using a Bond or LUT to make supplies without paying tax is prohibited. It is mandatory to pay tax on such supplies and file for a refund.
Under specific circumstances, the supplier or recipient of goods may apply for a tax refund. However, if the supplier seeks a refund of the tax paid, the receiver is not entitled to receive Input Tax Credit (ITC).
Before making a supply of goods to an EOU/EHTP/STP/BTP unit, Form The unit must file a to notify the supplier and the jurisdictional GST officer of both the supplier and the receiver. Form A must contain information on the items to be purchased, authorised by the Development Commissioner, and a continuously updated serial number.
The supplier then sends the products with a tax invoice attached, which the receiver must sign off on. A copy of the tax invoice, endorsed by both parties, must be forwarded to the GST officer with jurisdiction over them. The EOU, EHTP, STP, or BTP unit uses Form B to track any such received products. Adhering to these procedures is crucial to ensuring compliance with GST regulations and claiming refunds appropriately.
To file a claim for reimbursement, the following documents must be provided as evidence:
To claim a refund of the tax paid on presumed export supplies, either the supplier or the receiver must fill out Form GST RFD – 01 and provide any necessary supporting documents. If the presumed export supplies have been exported, the claim for reimbursement can be filed and managed online. The deadline for filing a refund claim is within two years from the date of the electronic return for the suspected export shipments.
It’s worth noting that CGST notices no. 49/2017, released on 18 October 2017, lists the evidence that the supplier of presumed export supplies must provide to obtain a refund.
A declaration in Statement 5B must be completed and included as part of Annexure I in the RFD-01 refund application.
The introduction of GST has significantly changed the country’s export policies. One such change is the concept of deemed exports, which refers to the supply of goods that are not physically exported but are deemed to be exported under certain circumstances. To claim a refund of the tax paid on such supplies, the supplier or the recipient must file an application using Form GST RFD – 01 and provide the necessary documentation. It is important to follow the prescribed procedures and keep all essential documents up to date to avoid any legal consequences. With proper understanding and implementation of the regulations, businesses can continue to export their products under the GST system with ease and efficiency.
BUSY is a simple, yet powerful GST / VAT compliant Business Accounting Software that has everything you need to grow your business.