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Sales Tax - 'sale price' apart from including consideration for sale, also includes value of any discount or rebate offered, which is to be deducted from sale price: SCGST - GoM on IT to review progress made by GSTN so far on SaturdayRailways inducts two digitally enabled LocomotivesADB loans USD 84 mn for improving water supply in Bhagalpur & GayaIAS Association delegation meets Dr Jitendra SinghFodder scam - Laloo pleads for bail; Jharkhand HC says NOIES officers to get new houses soonIndia successfully testifires N-capable ballistic missile ‘Dhanush’ from Naval Ship off Orissa coastIndian, Canadian PMs resolve to expedite BIPA & CEPA pactsCBDT notifies India-Kenya DTAA (See 'http://www.taxindiainternational.com/')GST on 'Commission' Received in Convertible Foreign Exchange – Part-I (See 'TOG Insight' in Taxongo.com)Electoral Bond Scheme to open on Mar 1 for 10 daysNDMA organises workshop on action plan to deal with heat waveRailways organises suppliers' Samvad; Digital Challan launchedChanges in the business connection provision (See 'Edit' in 'taxindiainternational.com')I-T - Department has no right to re-examine entire issue from a different angle, if returned income of assessee is accepted barring minor adjustment of expenditure claim: HCGST Council meeting - pointers from Industry for considerationCus - CBLR, 2013 - Prohibition - Even orders passed under Regulation 23 are appealable u/s 129A of CA, 1962: HCCertain grey areas in Taxability of 'Bill to - Ship to' TransactionsST - Refund - Banking services and technical inspection & certification services are co-related with export; are Input services: HCGovt notifies Electoral Bonds; Political parties can encash bonds only through bankBig relief for Indian students joining MBBS abroad; Govt grants them exemption from qualifying NEETFinance Commission invites inputs for widening of tax baseCanada to aid India in research effortsCivil Services Day - Four priority programmes listed for PM's AwardsI-T - When assessee diverted sum received for procuring import licences for purchase of shares, such advance is to be construed as deemed dividend u/s 2(22)(e): HCI-T - If Revenue initiates penalty proceedings after six months of receipt of adjudicatory order, such proceeding is beyond period of limitation imposed u/s 275: HCGST Council to meet on March 10 through video conferencing; likely to approve new GSTR design and many amendment in GST lawsPNB fraud - ED & Income Tax continue to seize luxury vehicles & assets of Nirav Modi & ChoksiBank Frauds - Taxpayers tired to pay for 'New Civilisation'!I-T - It is clear case of barking up wrong tree if Revenue records show no tax arrears against assessee: HCIntermediary services to foreign parties-inter-state or intra-state supply?

MESSAGE BOARD

   


Deemed Export

in terms of the Notification no. 48/2017,Central Tax. dated 18/10/2017, the supplies to EOU's would be treated as deemed export. A procedure has also been prescribed separately that the recipient shall have to submit intimation in Form 'A' to the jurisdictional GST authorities and copies to be sent to the jurisdictional GST authority of supplier and to supplier. The refund of GST can be claimed either by supplier or recipient on fulfilling the requirements.

The provision seems to be similar to the earlier provision like CT-3 certificate etc. However, in GST regime tax is necessarily to be paid and later refund could be claimed.
This current provision would increase unnecessary compliance which is futile and unwarranted. Instead, it could be better that the Form 'A' could could be treated similar to earlier CT-3 and the supplies to EOU's should be ZERO rated supplies provided the supplier submits the proof of delivery to recipient by way of submitting the copy of Invoice duly endorsed by the GST authorities of recipient Unit.

Bipin Pradhan

bipin pradhan 13/11/2017

 

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