Rule
96A. 2[Export] of goods or services under bond or Letter of Undertaking.-
(1)
Any registered person availing the option to supply goods or services for
export without payment of integrated tax shall 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 sub-section (1) of section 50 within a period of -
(a)
fifteen days after the expiry of three months 3[or such further period as may
be allowed by the Commissioner,] 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 4[or in Indian rupees, wherever permitted by the Reserve Bank
of India].
(2)
The details of the export invoices contained in FORM GSTR-1 furnished on the
common portal shall be electronically transmitted to the system designated by
Customs and a confirmation that the goods covered by the said invoices have
been exported out of India shall be electronically transmitted to the common
portal from the said system.
5[Provided
that where the date for furnishing the details of outward supplies in FORM
GSTR-1 for a tax period has been extended in exercise of the powers conferred
under section 37 of the Act, the supplier shall furnish the information
relating to exports as specified in Table 6A of FORM GSTR-1 after there turn in
FORM GSTR-3B has been furnished and the same shall be transmitted
electronically by the common portal to the system designated by the Customs:
Provided
further that the information in Table 6A furnished under the first proviso
shall be auto-drafted in FORM GSTR-1 for the said tax period.]
(3)
Where the goods are not exported within the time specified in sub-rule (1) and
the registered person fails to pay the amount mentioned in the said sub-rule,
the export as allowed under bond or Letter of Undertaking shall be withdrawn
forthwith and the said amount shall be recovered from the registered person in
accordance with the provisions of section 79.
(4)
The export as allowed under bond or Letter of Undertaking withdrawn in terms of
sub rule (3) shall be restored immediately when the registered person pays the
amount due.
(5)
The Board, by way of notification, may specify the conditions and safeguards
under which a Letter of Undertaking may be furnished in place of a bond.
(6)
The provisions of sub rule (1)shall apply, mutatis mutandis , in respect of
zero-rated supply of goods or services or both to a Special Economic Zone
developer or a Special Economic Zone unit without payment of integrated tax.
