The Central Board of Excise and Customs (CBEC) on Monday prescribed the procedure for supplies to EOU / EHTP / STP / BTP units under deemed exports under the newly launched Goods and Services Tax (GST) law.
With a view to resolve certain difficulties being faced by exporters post- GST, the GST Council, in its last meeting held at New Delhi had decided that supplies of goods by a registered person to EOUs etc. would be treated as deemed exports under Section 147 of the CGST Act, 2017 and refund of tax paid on such supplies can be claimed either by the recipient or supplier of such supplies.
In this regard, the Board has prescribed the following procedures and safeguards.
Before the supply of goods/ services, the recipient unit shall give a prior intimation to his jurisdictional officer, the registered supplier, the jurisdictional officer of the registered supplier in the format prescribed. Following this, the supplier will deliver the goods/ services under tax invoice to the recipient unit.
On receipt of such supplies, recipient unit shall endorse the tax invoice and send a copy of the endorsed tax invoice to his jurisdictional officer, the registered supplier, the jurisdictional officer of the registered supplier.
The endorsed tax invoice will be considered as proof of deemed export supplies by the registered person to EOU / EHTP / STP / BTP unit.
The recipient EOU / EHTP / STP / BTP unit shall maintain records of such deemed export supplies in digital form, based upon data elements contained in “Form-B” (appended herewith). The software for maintenance of digital records shall incorporate the feature of audit trail. While the data elements contained in the Form-B are mandatory, the recipient units will be free to add or continue with any additional data fields, as per their commercial requirements. All recipient units are required to enter data accurately and immediately upon the goods being received in, utilized by or removed from the said unit. The digital records should be kept updated, accurate, complete and available at the said unit at all times for verification by the proper officer, whenever required. A digital copy of Form – B containing transactions for the month, shall be provided to the jurisdictional GST officer, each month (by the 10th of month) in a CD or Pen drive, as convenient to the said unit.
Read the full text of the Circular below.
