Meaning of term Letter of Undertaking(LUT) under GST

What is Letter of Undertaking(LUT) under GST

 

The details about Letter of Undertaking(LUT)are explained here. 

Letter of Undertaking(LUT):

Exports without the payment of tax can be made only after filing a bond or letter of undertaking (LUT) as applicable to the exporter. There was a lot of ambiguity regarding the exports which are to be made without the payment of IGST. The government of India has released few notifications regarding the filing of bond and LUT in the case of certain specified people. Exporters can make the payment of IGST at the time of export and then claim the refund later but it will block their working capital.

 

Submission of LUT in place of a Bond

The following persons would be eligible to provide a LUT instead of a bond:

  • Status holder as per Para 5 of Foreign Trade Policy 2015-2020; or
  • A person who has received foreign inward remittances equal to minimum of 10% of the export turnover, which should not be less than INR 10 million, in the preceding financial year.

Such a person should not have been prosecuted for any offence under the CGST Act or any existing law where the amount of tax evaded exceeds INR 25 million.

 

The LUT should be furnished in duplicate for a financial year in the prescribed format. The LUT

should be executed by the working partner, the Managing Director, the Company Secretary, the

proprietor or by a person duly authorised by such working partner or Board of Directors of such company or proprietor on the letter head of the registered person.

 

The LUT would be valid for 12 months.

If the exporter fails to comply with the conditions of LUT, he may be asked to provide a bond.

 

Submission of bond

With regard to submission of bond, circular no. 4/4/2017-GST provides as follows:

  • All persons not eligible to issue LUT would need to submit a bond.
  • A running bond will be submitted and the bond amount should cover the amount of tax involved in the export based on estimated tax liability as assessed by the exporter. A fresh bond is to be submitted if the amount in the bond is less than the outstanding tax liability on exports.
  • The amount of bank guarantee would be decided by the jurisdictional Commissioner and it should not exceed 15% of bond amount. The Commissioner has the power to accept the bond without any bank guarantee in case of assesse with good track record.
  • The bond shall be furnished on non-judicial stamp paper of the value as applicable in the State in which the bond is being furnished.

 

 

 Jurisdiction for submission of LUT/ Bond

Bond/ LUT shall be accepted by the jurisdictional Deputy/ Assistant Commissioner having jurisdiction over the principal place of business of the exporter. Until a specific administrative officer is assigned, the exporter can furnish bond/ LUT before any officer (Centre or State). However, State Commissioners have power to direct exporters to submit bond/ LUT to Central tax officers till the administrative framework is ready.

This post describes about Letter of Undertaking(LUT).   Comment below your thoughts about this post Letter of Undertaking(LUT).

 

 

 

 

 

Learn Exports Imports Free, Click here

Click here to know GST rate of your goods or service

Would multiple registration be allowed under Goods and Service Tax (GSTIN)?

 Procedure for obtaining Registration number of GSTIN

Procedures to get GST Registration number for IT exempted proprietorship firms.

 Process of application for registration under GST Act to obtain GSTIN

Different application Forms for registration under Goods and Service Tax Act (GSTIN)

 Application for registration under GST Act to obtain GSTIN

GST registration and returns filing procedures for PSUs and Government entities

Re-registration of GST, Goods and Service Tax.

 Cancellation of registration of GST

All about registration of GST in India, FAQ

Cancellation of GST Registration in India, FAQ

Meaning of term Self Assessed Tax under GST

What is Scrutiny of returns under GST

Meaning of GST Practitioner

Term Revenue neutral rate (RNR) under GST

Term Revocation of cancellation of registration under GST

What is returns mechanism under GST

Revised Threshold limit under GST

What is Reverse Charge under GST

Term Reversal of input tax credit in the case of non-payment under GST

What is the difference between BAF and CAF 

What is Tail Gate exam hold in US import clearance 

How to make DA mode of payment safe 

How to make delay in delivery of Shipment?   

What is Provisional Assessment in Import formalities in India?

What is said to contain in Bill of Lading. 

What is Manifest Hold by US customs on import 

What is MET exam in US import customs clearance 

What is legalization of documents by embassy? 

What is LET EXPORT order in export trade? 

What is Line number in IGM 

What does ECGC do on default of payment of any overseas buyer?

Documents required for Export from Kazakhstan

Customs procedures for Kazakhstan Export

Registration required to export from Kazakhstan

Documents needed for Kazakhstan import

Import Customs processes in Kazakhstan


Comments


HI TEK MACHINES: Sir we are special purpus mahine manufacture. Now we sale one machine to SEZ company. What is the procedure to supply it without tax.

M. John William: During the year 2017-18 we have made SEZ supplies without LUT. We have paid the IGST. Shall we claim refund for the supplies made?

Elangovan: Sir, I am a freight forwarding agent , giving service to a SEZ company which is exempted from GST, now that company asking me to put the LUT number on my invoice for the services. Who will provide the LUT, is I am supposed to get LUT from GST authorities?

ankur agarwal: I have filed Form RFD-11 for LUT, and when submitted to that copy to the department, the officer is saying that The ARN will be valid for whole year and NO LUT letter will be issued. use This ARN as a LUT number. IS he saying right ? Plase guide.

CHINMAYANANDA SENAPATI: During financial year2017-18 & 18-19 .we have made supplies to "SEZ" without payment of tax now the SEZ company demanding for LUT but we have not applied for LUT. Kindly advice.

Discussion Forum

You can also share your thoughts about this article.
Any one can answer on question posted by Readers