Facility to Exporter to give Letter of Undertaking in place of a bond for Export without payment of GST

Cen­tral Board of Excise and Cus­toms here­by spec­i­fies con­di­tions and safe­guards for fur­nish­ing a Let­ter of Under­tak­ing in place of a Bond by a reg­is­tered per­son who intends to sup­ply goods or ser­vices for export with­out pay­ment of inte­grat­ed tax -

  • all reg­is­tered per­sons who intend to sup­ply goods or ser­vices for export with­out pay­ment of inte­grat­ed tax shall be eli­gi­ble to fur­nish a Let­ter of Under­tak­ing in place of a bond except those who have been pros­e­cut­ed for any offence under the Cen­tral Goods and Ser­vices Tax Act, 2017 (12 of 2017) or the Inte­grat­ed Goods and Ser­vices Tax Act, 2017 (13 of 2017) or any of the exist­ing laws in force in a case where the amount of tax evad­ed exceeds two hun­dred and fifty lakh rupees;
  • the Let­ter of Under­tak­ing shall be fur­nished on the let­ter head of the reg­is­tered per­son, in dupli­cate, for a finan­cial year in the annex­ure to FORM GST RFD – 11 referred to in sub-rule (1) of rule 96A of the Cen­tral Goods and Ser­vices Tax Rules, 2017 and it shall be exe­cut­ed by the work­ing part­ner, the Man­ag­ing Direc­tor or the Com­pa­ny Sec­re­tary or the pro­pri­etor or by a per­son duly autho­rised by such work­ing part­ner or Board of Direc­tors of such com­pa­ny or pro­pri­etor;
  • where the reg­is­tered per­son fails to pay the tax due along with inter­est, as spec­i­fied under sub-rule (1) of rule 96A of Cen­tral Goods and Ser­vices Tax Rules, 2017, with­in the peri­od men­tioned in clause (a) or clause (b) of the said sub-rule, the facil­i­ty of export with­out pay­ment of inte­grat­ed tax will be deemed to have been with­drawn and if the amount men­tioned in the said sub-rule is paid, the facil­i­ty of export with­out pay­ment of inte­grat­ed tax shall be

The pro­vi­sions of this noti­fi­ca­tion shall mutatis mutan­dis apply in respect of zero-rat­ed sup­ply of goods or ser­vices or both made by a reg­is­tered per­son (includ­ing a Spe­cial Eco­nom­ic Zone devel­op­er or Spe­cial Eco­nom­ic Zone unit) to a Spe­cial Eco­nom­ic Zone devel­op­er or Spe­cial Eco­nom­ic Zone unit with­out pay­ment of inte­grat­ed tax.

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