Question ID :
39336
GST on Exports
An assessee has failed to pay IGST on exports during the month of Dec 2017 and has also not filed any LUT for the same. In the monthly returns, he had filed the same as Exports - without payment of tax. The matter had been noticed during the preparation of GSTR 9.
Please suggest the best possible course of action.
Posted by
Nilanjan Kayal
on
Aug 09, 2019
Filed Under
GST
Since transaction is verified and found to be export, reporting the same as exports is alright even though LUT has not been filed. Para 4 of Circular No. 37/11/2018-GST dt. 15 Mar 2018 has made it clear that substantive benefit of exports will not be denied for omission to file LUT.
Please file LUT going forward but past exports (without LUT) will not become taxable for this defect alone.
And reporting this export as export without payment of tax also seems alright and GST 9-9C exercise may proceed accordingly.
Posted by
CA. JATIN CHRISTOPHER A on
Aug 11, 2019