GST — FAQ on Handicrafts dated 31-07-2017
General FAQ on GST – GST Frequently Asked Questions (FAQs)
GST
Question 1 : How will imports be taxed under GST?
Answer : All imports will be deemed as inter-State supplies for the purposes of levy of GST. IGST is leviable on imports in addition to other duties of customs. Full set-off will be available as ITC of the IGST paid on import on goods and services.
Question 2 : How will exports be treated under GST?
Answer : All exports will be deemed as inter-State supplies. Exports of goods and services will be treated as zero rated supplies. The exporter has the option either to export under bond/Letter of Undertaking without payment of tax and claim refund of ITC or pay IGST by utilizing ITC or in cash at the time of export and claim refund of IGST paid.
Question 3 : How can IGST be paid?
Answer : The IGST can be paid by utilizing ITC to the extent available and balance by cash. The use of ITC for pay
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an unutilized input tax credit be allowed as refund to exporters?
Answer : Yes. Section 54(3) of the CGST Act, 2017 provides for refund of any unutilised input tax credit of inputs and input services at the end of any tax period except where
(i) goods exported out of the India are subjected to export duty; or
(ii) the exporter claims drawback of CGST or refund of IGST paid on such export.
Question 6 : What is the procedure for claiming refund by exporters?
Answer : Refund can be claimed by filing an application electronically in prescribed form along with required documents through the Common Portal, either directly or through a Facilitation Centre notified by the Commissioner. The refundable amount shall be electronically credited to any of the bank accounts of the applicant mentioned in his registration particulars and as specified in the application for refund. For details Chapter X of the CGST Rules, 2017 relating to refund may be referred to.
In c
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ax credit provisionally accepted will be refunded provisionally within seven days from the date of acknowledgement.
Question 8 : Will the principle of unjust enrichment apply to exports?
Answer : The principle of unjust enrichment is not applicable in case of exports of goods or services as the recipient is located outside the taxable territory.
Question 9 : Today under VAT/CST merchant-exporters can purchase goods without payment of tax on furnishing of a declaration form. Will this system be there in GST?
Answer : No, there is no such provision in GST. Tax will be payable on their inward supplies and they can claim refund of the accumulated ITC.
Question 10 : Whether goods sent by a taxable person to a job worker be treated as supply and will they be liable to GST?
Answer : No, the goods sent by a registered person to a job worker is not a supply, as there is no transfer of title and no consideration for the goods is involved. In terms of section 1
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p;Is a job worker required to take registration?
Answer : As job work is a service, it would be considered a supply and the job worker would be required to obtain registration if his aggregate turnover exceeds the prescribed threshold of Rs. 20 lakhs or, as the case may be, Rs. 10 Lakhs.
Question 12 : Whether exemption from all duties of Customs be available on imports under exemption schemes such as EPCG, Advance licence, etc. under GST regime?
Answer : No. Exemption will be available only from Basic Customs Duty. IGST will be payable on such imports. However, the importer can avail ITC of IGST paid and utilise the same or claim refund in accordance with the provisions of the CGST Act, 2017 and rules made thereunder.
Question 13 : Can duty credit scrips received as incentive by exporters such as MEIS, SEIS, etc. be utilised for payment of all duties at the time of import?
Answer : No, these scrips can be utilised only for payment of Basic Custom
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of scrips has to be treated as supply of goods. GST at applicable rate will therefore be payable.
Question 16 : Would GST be payable on goods not intended to be sold, taken out for participation in overseas exhibitions and trade fairs and brought back into India as these goods are meant for exhibition only?
Answer : GST is not payable in such cases. Exporters will need exhibition participation letter and no foreign exchange involved letter from the concerned bank for the purpose of exchange control requirements. At the time of re-import, identity of goods imported with export goods needs to be established to seek exemption from import duty in accordance with Customs provisions. IGST will be exempted at the time of re-import in view of exemptions granted under Customs.
Question 17 : Will an exporter be required to pay GST in case of goods procured from unregistered persons?
Answer : In case of supply by an unregistered person, the registered person i.e., exporter
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