Can LUT be used for the Export / SEZ sales prior to it applied

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..... Can LUT be used for the Export / SEZ sales prior to it applied
Query (Issue) Started By: - Krishna PANYAM Dated:- 16-5-2021 Last Reply Date:- 27-5-2021 Goods and Services Tax - GST
Got 5 Replies
GST
LUT is applied on 13th Mar 2021 for FY 2020 - 2021. Would the company is eligible to use this LUT for the Export and SEZ Sales prior to the apply of LUT fot the FY 20-21 (Means would it be .....

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..... eligible for the period April 2020 to 12th Mar 2021) Reply By Rajagopalan Ranganathan: The Reply: Sir, According to rule 96A (1) of CGST Rules, 2017, any registered person availing the option to supply goods or services for export without payment of integrated tax shall furnish, a bond or a Letter of Undertaking prior to export. Therefore LUT executed will not cover exports made prior to execu .....

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..... tion of the LUT. According to rule 96A (6) of the same rules 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. Reply By KASTURI SETHI: The Reply: Sh.Krishna Panyam Ji, I agree with the view of Sh.Ranganathan, Sir. De .....

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..... lay is condonable in view of Board's circular mentioned in reply to earlier query. Export benefit be denied in case you have all other documentary evidence in support of actual export i.e. receipt of foreign exchange, invoice etc.. It depend on how you represent your case. Reply By Krishna PANYAM: The Reply: Dear Kasturi Sir and Ranganathan sir, Thank you for clarifying me on the above. .....

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..... Reply By YAGAY andSUN: The Reply: In continuation to the reply of Kasturi Sir, in our view following two judgments will be beneficial to the export in this matter:- M/s. JD Engineering v. CCE-New Delhi. 2015 (6) TMI 1218 - CESTAT, NEW DELHI - LUT Procedure lapse. Commissioner Central Excise Commissioner Vs M/s Indian Oil Corporation Ltd.-2015 (5) TMI 100 - PUNJAB & HARYANA HIGH COURT (Punjab a .....

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..... nd Haryana High Court). Substantial benefit cannot be denied for mere procedural lapse: HC Reply By KASTURI SETHI: The Reply: M/s. YAGAY and SUN, Sir, I want citation of both case laws. Will you please oblige me ? Thanks a lot.
Discussion Forum - Knowledge Sharing .....

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