GST – Clarification on furnishing of Bond/Letter of Undertaking for Exports

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in exercise of powers conferred under section 168 (1) of the Central Goods and
Services Tax Act, 2017, for the purpose of uniformity in the implementation of the Act, following issues are being clarified hereunder:
a. Eligibility to export under LUT: Notification No. 16/2017 – Central Tax dated 7th July, 2017 specifies conditions to be fulfilled for export under Letter of Undertaking (LUT) in place of bond. In the extant Central Excise provisions, LUTs were limited to manufacturer exporters only.  The intent of the said notification is to liberalize the facility of LUT and extend it to all kind of suppliers. It is hereby clarified that any registered person who has received a minimum foreign inward remittance of 10% of export turnover in the preceding financial year is eligible for availing
the facility of LUT provided that the amount received as foreign inward remittance is not less than Rs. one crore. This means that only such exporters are eligible to LUT facilities who have received a remittance of Rs. one crore or 10% of export turnover, whichever is a higher amount, in the previous financial year. A few illustrations are as follows:
i. An exporter had a turnover of Rs. 15 crore in the previous financial year. He would be eligible for LUT facility if remittance received against this export is Rs. 1.5 crore or more (10% of export turnover is more than Rs. 1 crore)
ii. An exporter had a turnover of Rs. 5 crore in the previous financial year. He would be eligible for LUT facility if remittance received against this export is Rs. 1.0 crore or more (10% of export turnover is less than Rs. 1 crore)
iii. An exporter has an export turnover of Rs. 2 crore. He has received Rs. 80 lacs as
foreign inward remittances in FY 2016-17 which is 40% of the export turnover. He
will not be eligible for LUT facility as remittance received is less than Rs. 1 crore.
iv. An exporter has export turnover of Rs. 40crore. He has received Rs. 2 Crores as
foreign inward remittances in FY 2016-17 which is 5% of the export turnover. He
will not be eligible for LUT facility as remittance received is less than 10% of
export turnover, even though it is in excess of Rs. 1 crore.
v. An exporter has received Rs. 1 Crore 10 lacs as foreign inward remittances in FY
2016-17 which is 20% of the export turnover. In this scenario, he will be eligible for LUT facility.
It may however be noted that a status holder as specified in paragraphs 3.20 and 3.21 of the Foreign Trade Policy 2015-2020 is eligible for LUT facility regardless of whether he satisfies the above conditions.

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