LUT For Export in GST

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LetterOfUndertakingLutForExportInGst

When LUT required to take in GST?

All registered taxpayers who have zero-rated supply of goods or services (Include SEZ Supply and an Exporter want to export without the payment of tax have to furnish LUT in Form GST RFD-11 on the GST Portal

Validity of LUT

LUT is generally valid for a complete financial year in which it is given. However, if the goods or properties are not exported within time and if individual fails to make payment mentioned in the sub-rule 96A of CGST Rules then, the facilities provided to the exporter under LUT will be taken away till it is paid back. During the period where LUT’s facility is withdrawn, the exports will be done either on payment applicable on integrated tax or under bank with bank guarantee.

When to file form RFD-01 / RFD-01A - Refund

The excess of unutilized ITC can be claimed by way of filing Form GST RFD-01/ GST RFD-01A. A simple form is to be filled and filed accordingly with the department for claiming such refunds or any amount paid by mistake or the excess of amount lying in cash ledger.

Documents Required For LUT for Export in GST

  • Copy of GST Certificate
  • Form GST RFD - 11 (in Duplicate)
  • Undertaking (As per Rule 96) on company's letter head as per circular no. 37/2017- custom dated 04-10-2017 (in duplicate)
  • Copy of election id card & driving license of the witnesses
  • Undertaking on stamp paper wherein the assessee declare that they have not been prosecuted for any of the existing laws in case where the amount of tax evaded exceeds two hundred and fifty lakh rupees.
  • Memorandum of Association & Article of Association
  • Copy of Bye Lays of Organization
  • Copy of Partnership Deed
  • Copy of IEC certificate.
  • Copy of PAN of Proprietor
  • Copy of PAN card of the Company and Directors
  • Copy of PAN card of the Firm and Partners
  • Copy of PAN card of Organization and Members
  • Copy of Aadhar of Proprietor
  • Copy of Aadhar of Directors
  • Copy of Aadhar of Partners
  • Copy of Aadhar of Members
LutForExportInGst
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FAQs

The Companies Act, 2013 provides for penalty/fine or imprisonment either of the officer in default and/or the company. The Managing Director, Executive Director are the “officer in default”. If there is no executive director, all the directors are treated as “officer in default”. For the procedural lapses such as late filing of forms, additional filing fees are required to be paid.

A number of registers are required to be maintained, such as? Register of Member, Register of Directors, Register of Contracts, Register of Charges, etc. The registers are required to be kept at the registered office of the company.

This is a shareholders meeting that needs to be held every year. Approval of financial statements, declaration of dividends, appointment of auditors, etc. is the primary agenda for this meeting. AGM needs to be held in the city where the registered office of the company is situated.

At least four board meetings need to be held in a year and at least one meeting needs to be held every quarter. Presence of the directors is needed for the meeting. Quorum is 1/3rd or 2 Directors whichever is greater. The meetings need to be logged and the signed minutes need to be maintained at the Registered Office.

Form for filing application to Regional Director

it is a Form for filing an application with Registrar of Companies

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