(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 #[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 1 This sub-rule was inserted by Notification No. MGST.1018/CR 05 /Taxation-1, (Notification No. 75/2017, Fourteenth Amendment) dated the 30% December 2017, (w.e.f.23% October 2017) and then substituted by Notification No. GST- 1018/C.R.14/Taxation-1, (Notification No. 3/2018, First Amendment-2018), dated 24% January 2018 (w.e.f. 23~ October 2017). Prior to substitution this sub-rule which was inserted by Not. No. 75/2017- State Tax dated 30t% December,2017 read as under:- “(9) The persons claiming refund of integrated tax paid on export of goods or services should not have received supplies on which the supplier has availed the benefit of notification No. 48/2017- State Tax dated 18% October, 2017 or notification No. 40/2017- State Tax (Rate) dated 23< October, 2017 or notification No.
41/2017-Integrated Tax (Rate) dated 234 October, 2017.” 2 This sub-rule was omitted by Notification No. MGST.1024/C.R.44/Taxation-1 (Notification No. 20/2024, Second Amendment, 2024), dated 5% November, 2024, 3 In marginal note this word was substituted for the words “Refund of integrated tax paid on export” by Notification No.
GST-1019/C.R.18/Taxation-1, (Notification No.3/2019, First Amendment-2019), dated 1st February, 2019, (w.e.f. 1st February, 2019).
4 These words were inserted by Notification No. MGST-1017/C.R.188/Taxation-1, (Notification No.47/2017, Tenth Amendment-2017), dated 18t October, 2017, (w.e.f. 18 October, 2017).
223 1[(b) fifteen days after the expiry of one year, or the period as allowed under the Foreign Exchange Management Act, 1999 (42 of 1999) including any extension of such period as permitted by the Reserve Bank of India, whichever is later, from the date of issue of the invoice for export, or such further period as may be allowed by the Commissioner, if the payment of such services is not received by the exporter in convertible foreign exchange or in Indian rupees, wherever permitted by the Reserve Bank of India.]
(2) The details of the export invoices contained in FORM GSTR-1 2?[as amended in FORM GSTR-1Aif any,] 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.
s[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 the return in FORM GSTR-3B has 1 This clause was substituted by Notification No. MGST.1524/C.R.24 /Taxation-1, (Notification No. 12/2024, Amendment-2024), dated 12th August, 2024, (w.e.f. 10th July, 2024) Earlier read as :
(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 [or in Indian rupees, wherever permitted by the Reserve Bank of India.]
2 These words, letters and figures were inserted by Notification No. MGST.1524/C.R.24 / Taxation-1, (Notification No.
12/2024, Amendment-2024), dated 12th August, 2024, 3 This proviso was inserted by Notification No. MGST-1017/C.R.195/Taxation-1, (Notification No.51/2017, Eleventh Amendment-2017), dated 1= November, 2017, (w.e.f. 28% October, 2017).
224 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 subrule (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 State Government, 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.| 1[96B. Recovery of refund of unutilised input tax credit or integrated tax paid on export of goods where export proceeds not realised.— 1 This rule was inserted by Notification No.GST-1020/ C.R.36/Taxation-1, (Notification No.16/2020 Third Amendment 2020) dated 30th March 2020.
225
(1) Where any refund of unutilised input tax credit on account of export of goods or of integrated tax paid on export of goods has been paid to an applicant but the sale proceeds in respect of such export goods have not been realised, in full or in part, in India within the period allowed under the Foreign Exchange Management Act, 1999 (42 of 1999), including any extension of such period, the person to whom the refund has been made shall deposit the amount so refunded, to the extent of non-realisation of sale proceeds, along with applicable interest within thirty days of the expiry of the said period or, as the case may be, the extended period, failing which the amount refunded shall be recovered in accordance with the provisions of section ![section 73 or section 74 or section 74A| of the Act, as the case may be, as is applicable for recovery of erroneous refund, along with interest under section 50 :
Provided that where sale proceeds, or any part thereof, in respect of such export goods are not realised by the applicant within the period allowed under the Foreign Exchange Management Act, 1999 (42 of 1999), but the Reserve Bank of India writes off the requirement of realisation of sale proceeds on merits, the refund paid to the applicant shall not be recovered.
(2) Where the sale proceeds are realised by the applicant, in full or part, after the amount of refund has been recovered from him under subrule (1) and the applicant produces evidence about such realisation within a period of three months from the date of realisation of sale proceeds, the amount so recovered shall be refunded by the proper officer, to the applicant to the extent of realisation of sale proceeds, 1 These words and figures were substituted for the words and figures “section 73 or 74”, by Notification No.
MGST.1024/C.R.44/Taxation-1 (Notification No. 20/2024, Second Amendment, 2024), dated 5% November, 2024, (w.e.f. 1=t November, 2024).
226 provided the sale proceeds have been realised within such extended period as permitted by the Reserve Bank of India.| 1[96C. Bank Account for credit of refund.- For the purposes of sub-rule
(8) of rule 91, sub-rule (4) of rule 92 and rule 94, “bank account” shall mean such bank account of the applicant which is in the name of applicant and obtained on his Permanent Account Number:
Provided that in case of a proprietorship concern, the Permanent Account Number of the proprietor shall also be linked with the Aadhaar number of the proprietor.]