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Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs
(GST Policy Wing)
Circular No.
4/4/2017-GST
New Delhi, the 7th July, 2017
To,
The Principal Chief Commissioners / Chief Commissioners /
Principal Commissioners/
Commissioners of Central Tax (All)
Madam/Sir,
Subject: Issues related to Bond/Letter of Undertaking for exports without
payment of integrated tax – Reg.
Various communications have been received from the field formations and
exporters that difficulties are being faced in complying with the procedure
prescribed for making exports of goods and services without payment of
integrated tax with respect to furnishing of bonds/Letter of Undertaking.
Therefore, 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, these issues are being clarified hereunder.
2. As per rule 96A of the Central Goods and Services Tax Rules, 2017 ( The
CGST Rules), any registered person exporting goods or services without payment
of integrated tax is required to furnisha bond or a Letter of Undertaking (LUT)
in FORM GST RFD-11.
3. Attention is invited to notification No. 16/2017-Central Tax dated
01st July, 2017 vide which the category of exporters who are eligible to export under
LUT has been specified along with the conditions and safeguards. All exporters,
not covered by the said notification, would submit bond. The procedure for
submission and acceptance of bond has already been prescribed vide circular No.
2/2/2017-GST dated 4th July, 2017.The bond shall be furnished on non-judicial
stamp paper of the value as applicable in the State in which bond is being
furnished.
4. A clarification has been soughtas to whether bond to be furnished for
exports is a running bond (with debit / credit facility) or a one-time bond
(separate bond for each consignment / export). It is observed consignment wise
bond would be a significant compliance burden on the exporters. It is
directedthat the exporters shall furnish a running bond, in case he is required
to furnish a bond, in FORM GST RFD -11. The bond would cover the amount of tax
involved in the export based on estimated tax liability as 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.
5. FORM RFD -11 under rule 96A of the CGST Rules requires furnishing a bank
guarantee with bond. Field formations have requested for clarity on the amount
of bank guarantee as a security for the bond. In this regard it is directed that
the jurisdictional Commissioner may decide about the amount of bank guarantee
depending upon the track record of the exporter. If Commissioner is satisfied
with the track record of an exporter then furnishing of bond without bank
guarantee would suffice. In any case the bank guarantee should normally not
exceed 15% of the bond amount.
6. As regards LUT, it is clarified that it shall be valid for twelve months.
If the exporter fails to comply with the conditions of the LUT he may be asked
to furnish a bond.Exports may be allowed under existing LUTs/Bonds till 31st
July 2017. Exporters shall submit the LUTs/bond in the revised format latest by
31st July, 2017.
7. It is further stated that the Bond/LUTshall be accepted by the
jurisdictional Deputy/Assistant 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 forassigning of taxpayersto 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. Attention is further invited to circular No. 26/2017 – Customs dated 1st
July 2017, vide which it has been clarified that the existing practice of
sealing the container with a bottle seal Page 3 of 3 under Central Excise
supervision or otherwise would continue till 01st September, 2017. Such sealing
shall be done under the supervision of the officer having physical jurisdiction
over the place of business where the sealing is being done. A copy of the
sealing report would be forwarded to the Deputy/Assistant Commissioner having
jurisdiction over the principal place of business.
9. These instructions shall apply to exports on or after 1st July, 2017. It
is requested that suitable trade notices may be issued to publicize the contents
of this circular.Difficulty, if any, in the implementation of the above
instructions may please be brought to the notice of the Board. Hindi version
would follow.
-sd-
(Upender Gupta)
Commissioner (GST)
[F. No. 349/82/2017-GST ]
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