GST – States – 29 T of 2017 – Dated:- 10-7-2017 – Office of the Commissioner of State Tax (GST) 8th floor, GST Bhavan, Mazgaon, Mumbai-400010. TRADE CIRCULAR To, ……………………………. ……………………………. No. JC/HQ-1/GST/LUT/BOND/2017-18 Mumbai, Date 10/07/2017 Trade Cir. No. 29 T of 2017 Subject: Submission of Bond/ Letter of Undertaking by the Exporter in respect of Exports without payment of Integrated Tax under IGST Act. Sir/ Gentlemen/ Madam, The Maharashtra Goods and Services Tax Act, 2017, (hereinafter referred to as the MGST Act ), the Central Goods and Services Tax Act, 2017, (hereinafter referred to as the CGST Act ) and Integrated Goods and Services Tax Act, 2017 (hereinafter referred to as the IGST Act ) have come in to force with effect from 1st July 2017. 2. Section 16(3) of the IGST Act provides that a registered person making zero rat
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ntegrated tax is required to furnish, prior to export, a bond or a Letter of Undertaking in FORM GST RFD-11 to the jurisdictional Commissioner, binding himself to pay the tax due along with the interest specified under sob-section (1) of section 50 within a period of,- (a) fifteen days after the expiry of three months from the date of issue of the invoice for export, if the goods are not exported out of India; or (b) fifteen days after the expiry- of one year, or such further period as may be allowed by the Commissioner, from the date of issue of the invoice for export, if the payment of such services is not received by the exporter in convertible foreign exchange. 5. As per the provisions of sub-rule (5) of aforesaid rules the State Government is empowered to issue notification and provide certain conditions and safeguards under which an exporter may furnish Letter of Undertaking in place of a bond. 6. On this background various queries have been received from the Trade and Associatio
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Commissioner having jurisdiction over the principal place of business of the exporter. The exporter is at liberty to furnish the bond/ LUT before Central Tax Authority or State Tax Authority till the administrative mechanism for assigning of taxpayers to respective authority is implemented. However. if in a State, the Commissioner of State Tax so directs. by general instruction, to exporter, the Bond/LUT in all cases be accepted by Central Tax officer till such time the said administrative mechanism is implemented Central Tax officers are directed to take every step to facilitate the exporters . 8. On this backdrop, in order to mitigate the issues involved in relation to fulfill the mandate of section 16 of the IGST Act and rule 96A of the MGST Rules, it is hereby informed to the exporters in the State that the or the letter or undertaking in place of Bond in all the cases (irrespective of the fact that the provisional ID for the GST is issued by the State CST Department), will be acce
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