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Sunday, October 22, 2017

Deemed Exports definition under GST in India

DEEMED EXPORTS DEFINITION UNDER GOODS AND SERVICES TAX ACT 2017 IN INDIA



The Goods and Services Tax Act, 2017 came into force with effect from 1.7.2017 in India.

The Government of India has notified the following supplies of goods as deemed exports

1.  Supply of goods by a registered person against Advance Authorisation (an authorisation issued by the  Director General of Foreign Trade under Chapter 4 of the Foreign Trade Policy 2015-20 for import or domestic procurement of inputs on pre-import basis for physical exports).
2.  Supply of capital goods by a registered person against Export Promotion Capital Goods Authorisation (Export Promotion Capital Goods Authorisation means an authorisation issued by the Director General of Foreign Trade under Chapter 5 of the Foreign Trade Policy 201520 for import of capital goods for physical exports)
3.  Supply of goods by a registered person to Export Oriented Unit (“Export Oriented Unit” means an Export Oriented Unit or Electronic Hardware Technology Park Unit or Software Technology Park Unit or Bio-Technology Park Unit approved in accordance with the provisions of Chapter 6 of the Foreign Trade Policy 2015-20).
4.  Supply of gold by a bank or Public Sector Undertaking specified in the notification No. 50/2017-Customs, dated the 30th June, 2017 (as amended) against Advance Authorisation.

The relevant notification is given below for ready reference:

[TO   BE  PUBLISHED   IN  PART   II,   SECTIO 3,  SUB-SECTIO (i)  OF   THE GAZETTE OF INDIA, EXTRAORDINARY]

GOVERNMENT OF INDIA
MINISTRY OF FINANCE
Department of Revenue
CENTRAL  BOARD OF EXCISE AND CUSTOMS
Notification No. 48/2017-Central Tax
New Delhi, the 18th October, 2017

G.S.R. (E).- 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
S.No.
Description of supply
(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. 50/2017-Customs, dated  the 30th  June, 2017 (as amended) against AdvancAuthorisation.



Explanation -
For the purposes of this notification,

o   Advance Authorisation means an authorisation issued by the Director General of Foreign Trade under Chapter 4 of the Foreign Trade Policy 2015-20 for import or domestic procurement of inputs on pre-import basis for physical exports.
o   Export Promotion Capital Goods Authorisation means an authorisation issued by the Director General of Foreign Trade under Chapter 5 of the Foreign Trade Policy 2015-20 for import of capital goods for physical exports.
o   Export Oriented Unit” means an Export Oriented Unit or Electronic Hardware Technology Park Unit or Software Technology Park Unit or Bio-Technology Park Unit approved in accordance with the provisions of Chapter 6 of the Foreign Trade Policy 2015-20.

[F.No. 349/58/2017-GST(Pt)]




(Gunjan Kumar Verma)
 Under Secretary to the Government of India
  
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