BUSINESS STANDARD
TUESDAY, APRIL 25 2017
z ECONOMY
Wi eicitiliciaiiimam enn
‘Under GST regime, no tax
payable on exports of
goods or services’
CHATROOM
How will our exports be treat-
edunder the Goods and
Services Tax (GST) regime?
Exports will be treated as
zero-rated supplies. No tax
will be payable on exports of
goods or services. However,
you can take input tax credit
(TC). You will have the
option to pay tax on the
export goods/services and
claim refund of Integrated
GST (IGST) or export under
Bond without payment of
IGST and claim refund of
ITC. However, no refund of
unutilised ITC will be
allowed in cases where the
goods exported out of India
are subjected to export duty
‘or when you avail of draw-
back in respect of Central
GST (CGST) or claim refund
ofthe IGST paid on such sup-
plies. The principle of unjust
entichment would not be
applicable to zero-rated sup-
plies. In case of refund on
Business Standard invites readers’ SME queries related to excise, VAT and exim policy.
ve
ve ansevietta ta nentemacharahsmail I
account of export of goods,
the refund rules do not pre-
scribe Bank Realisation
Certificate (BRC) as a neces-
sary document for filing of
refund claim. However, for
export of services, details of
BRC are required to be sub-
mitted along with the appli-
cation for refund. There may
be no provision similar to the
present dispensation of
procuring inputs required for
export production from
domestic _ manufacturers
without excise duty payment
or under rebate claim. On
export promotion schemes
such as advance authorisa-
tion scheme or Export
Promotion Capital Goods
scheme, there is, as yet, no
clarity on how these will be
dealt with.
Weare thinkingof
converting our
manufacturing unit in the
domestic tariffarea (DTA)
into an Export Oriented Unit
(EU). Weare told that CBEC
Circular no.77/99-Cus dated
November 18, 1999 does not
allow us to carry overour
Cenvat Credit to an EOU. Is
there any changein that
instruction?
Yes. CBEC Circular no.
41/2016-Cus dated August 30,
2016 withdraws Circular no.
77/99-Cus dated November
18, 1999 and clarifies that on
conversion ftom a DTA unit
to an EOU, the transfer of
unutilised Cenvat credit lying
in the books of the DTA unit
onthe date ofconversion into
EOU unit is admissible.
Section 46(3) of the Customs
Act, 1962 has been amended
to provide for levy of charges
forlate presentation of bill of
entry. Will these charges
attract service tax on the
ground that these are not
fines or penalties but consid-
eration for tolerating the act
of not presenting the bill of
entry within the specified
time?
In my opinion, the essential
nature of the levy is that of
penalty/fine for delay,
although Section 46(3) calls
it “charges” and hence, no
need to pay service tax.
As manufacturers, we have
opted to authenticate invoic-
es with a digital signature.
Some customers demand
manually authenticated
invoices. Can weauthenticate
invoices by manual signature
also?
Yes. You may print a copy of
the invoice, sign it manually
and forward the same to the
customer. Such an invoice in
effect would be authenticated
by two signatures, digital as
well as manual. Such an
invoice would also be a valid
document to avail of Cenvat
Credit. y