Filing Letter Of Undertaking under GST Act
Exports help in boosting a country's economy. Under the GST Act, special provisions are specified to encourage exports. Export being a zero rated supply under GST regime, exporters need to file a Letter Of Undertaking (LUT) where supply is made without payment of IGST.
The points covered in this article are
What is Letter Of Undertaking?
Eligibility to file LUT
Validity of LUT
Process of filing LUT
Withdrawal of LUT
1. What is Letter Of Undertaking?
Letter of Undertaking is a guarantee given by a bank to the exporter to raise money from a foreign branch of India's bank as a short-term credit. If the exporter fails to make the payment his bank shall be liable to pay the amount. Every Exporter making export from India can
● Export by obtaining a bond and not paying tax
● Making payment of tax while exporting and claim refund for such amount
As per Rule 96(A) of the CGST Rules, 2017, filing of bond or LUT has to be made in the Form GST RFD-11. It should be submitted before commencement of export
2. Eligibility to file LUT
Every registered person under GST who wants to export goods or services without payment of IGST has to file LUT or an Export Bond. All such registered sellers are qualified to file LUT
● The registered person must not have been prosecuted under CGST or IGST Act, 2017 for tax evasion of amount more than Rs. 2.5 Crores
Exporter who does not export goods or services within the prescribed time period shall be liable to pay IGST with interest rate as specified by the export council
3. Validity of LUT
Every LUT shall be valid for one financial year according to new amendments under GST. A LUT registered in 2019 expires in March 2020. If an exporter who has chosen to file LUT fails to furnish LUT, he shall be liable to file an export bond instead
4. Process of filing LUT
In order to file LUT, online application has to be submitted by following the below process
1.Visit GST Portal
Go to gst.gov.in. and Login to your account by using your valid Login Credentials. Once logged in, click the ‘Services’ Tab, choose ‘User Services’ and then select ‘Furnish Letter Of Undertaking (LUT)’ option from the drop down.
2.Fill Form GST RFD-11
In the next step, Form GST RFD-11 shall be displayed on the screen. Choose the financial year for which LUT is to be applied from the drop down
If LUT has been filed in the previous year that has to be uploaded on the 'Previous LUT' menu. After this, select the ‘Declaration’ check boxes. Further, fill details in various details such as name, address and occupation of the witness One needs to enter the name and address of two witnesses in this section.
Then, enter the place of filing LUT, Name of Primary/Other Authorized Signatories and the place where the form is to be filed in the respective section
3.Save the Form and download
The information filed will be generated and the applicant can save and retrieve it later. By saving the Form, applicants can visit 'My Applications' and preview it. On doing so Form GST RFD-11 gets displayed in PDF Format
4.Sign and File With DSC/EVC
In cases where the applicant saves the Form GST RFD-11 for retrieving it later, he must choose the name of the Authorized Signatory and enter the ‘Place’ where the Form is filed. If the applicant chooses DSC, he needs to sign the application via the registered Digital Signature Certificate (DSC) of the chosen authorized signatory.
If the applicant chooses EVC, an OTP shall be sent to the registered mobile number and email address of the authorized signatory. The applicant needs to enter the OTP in order to sign the application.
5.Application Reference Number
After filling the OTP, the GST portal will generate Application Reference Number (ARN) and will show the applicant a confirmation message. The ARN shall be sent on the registered email ID and the mobile number of the applicant also
6.Download the Acknowledgement
At last, the applicant can download the Acknowledgment for LUT by clicking download option
5. Withdrawal of LUT
LUT provision of exporting without payment of IGST shall be withdrawn from any registered dealer under GST who;
● Fails to pay tax along with interest on goods or services not exported within the prescribed time
● Fails to receives payment in convertible foreign exchange for exports within the prescribed time period as mentioned in sub-rule 1 of Rule 96A of the CGST Rules, 2017
Letter of Undertaking is only valid for export without paying tax. If any purchase is made from any manufacturer in India, CGST shall be payable as such transaction is treated as supply under CGST Act, 2017. Same is the case for transactions with Export Oriented Units (EOU) i.e, any supply made to EOU is taxable.