2017 (9) TMI 750 – DELHI HIGH COURT – 2017 (4) G. S. T. L. 113 (Del.) – Interpretation of statute – Rule 96A of the Central Goods and Services Tax Rules, 2017 – Circular No. 4/4/2017 – Prior to the implementation of the Integrated Goods and Service Tax Act, 2017, there was no service tax on the export of services provided by the Petitioner. Post the IGST Act, the export services provided by the Petitioner are covered under ‘zero rated supply’ under Section 16(1)(a) of the IGST Act – In order to avail of the input tax credit, the Petitioner, being a new entrepreneur with an export turnover of less than ₹ 1 crore per annum, has to necessarily furnish a bond with a bank guarantee – Such a condition does not apply to an exporter with an
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r UOI. Mr. Harpreet Singh, Sr. Standing Counsel with Ms. Namrata Bharti, Advocate ORDER C.M. No. 30757/2017 (exemption) 1. Allowed subject to all just exceptions W.P. (C) No. 7460/2017 2. Notice. Mr. Rajesh Gogna, learned CGSC, accepts notice for the Union of India. Mr. Harpreet Singh, learned Senior Standing Counsel, accepts notice for the Respondents No. 3 and 4. 3. The question raised in the present petition concerns Rule 96A of the Central Goods and Services Tax Rules, 2017 and Circular No. 4/4/2017- GST issued by the Central Board of Excise and Customs (GST Policy Wing), in terms of which any person exporting goods or services without payment of integrated tax is required to furnish a bond or a letter of undertaking ( LUT ) in Form GST
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assessed by the exporter himself. The exporter shall ensure that the outstanding tax liability on exports is within the bond amount. In case the bond amount is insufficient to cover the tax liability in yet to be completed exports, the exporter shall furnish a fresh bond to cover such liability. (emphasis supplied) 4. The Petitioner states in para 2 of the petition that it is a web developer and IT software solution services provider in the international and domestic market. Prior to the implementation of the Integrated Goods and Service Tax Act, 2017 ( IGST Act ), there was no service tax on the export of services provided by the Petitioner. Post the IGST Act, the export services provided by the Petitioner are covered under zero rated sup
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