Document Fragment View

Matching Fragments

(ii) if the goods are exported by land, the date on which such goods pass the frontier; or

(iii) if the goods are exported by post, the date of despatch of goods by the Post Office concerned to a place outside India;

(b) in the case of supply of goods regarded as deemed exports where a refund of tax paid is available in respect of the goods, the date on which the return relating to such deemed exports is furnished;

(c) in the case of services exported out of India where a refund of tax paid is available in respect of services themselves or, as the case may be, the inputs or input services used in such services, the date of--

2. The registered supplier shall not be eligible for the above mentioned exemption if the registered recipient fails to export the said goods within a period of ninety days from the date of issue of tax invoice."

5.6. Notification No. 48/2017­C.T. dated 18­Oct­ 2017 reads as under:

"Deemed Exports - Supply of goods against advance authorization, EPCG or supply to EOU or by Banks/PSUs against advance authorization notified as deemed exports.
In exercise of the powers conferred by section 147 of the Central Goods and Services Tax Act, 2017 (12 of 2017), the Central Government, on the recommendations of the Council, hereby notifies the supplies of goods listed in column (2) of the Table below as deemed exports, namely :­ TABLE Sr. Description of supply No. (1) (2) 1 Supply of goods by a registered person against Advance Authorisation 2 Supply of capital goods by a registered person against Export Promotion Capital Goods Authorisation 3 Supply of goods by a registered person to Export Oriented Unit 4 Supply of gold by a bank or Public Sector Undertaking specified in the notification No. 50/2017­Customs, dated the 30thJune, 2017 (as amended) against Advance Authorisation.
(a) the recipient of deemed export supplies; or
(b)the supplier of deemed export supplies in cases where the recipient does not avail of input tax credit on such supplies and furnishes an undertaking to the effect that the supplier may claim the refund."

Thereafter, reliance was placed on the definition of Net ITC. Rule­89(4A) of the CGST Rules, which reads as under:

6.10. Relying upon the above provisions that AA License holders cannot claim input tax credit in case the vendor / supplier is availing Deemed Export Benefits and the AA License holder is also required to furnish an undertaking stating that no input tax credit is claimed. The reliance was also placed on Circular No. 14/14­ 2017­GST, dated 6th November 2017, wherein, procedural safeguards in case of Deemed Export Benefits are provided stipulating requirements of furnishing intimation with the jurisdictional GST authorities, maintaining records, submitting copies of invoices, etc. It was submitted that, there are sufficient safeguards to ensure that both the suppliers of AA License holders and AA License holders themselves do not claim benefits under the GST regime simultaneously.