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By
SN Panigrahi
2SN Panigrahi
3
SN Panigrahi is a Versatile Practitioner, Strategist, Energetic Coach, Learning Enabler & Public Speaker.
He is an International-Corporate Trainer, Mentor & Author
He has diverse experience and expertise in Project Management, Contract
Management, Supply Chain Management, Procurement, Strategic
Sourcing, Global Sourcing, Logistics, Exports & Imports, Indirect Taxes –
GST etc.
He had done more than 150 Workshops on above
Published more than 500 Articles; 60 YouTubes & more than
70 SlideShares
He is an Engineer + MBA +PGD ISO 9000 / TQM with around 29 Yrs of
Experience
He is a certified PMP® from PMI (USA) and become PMI India
Champion
Also a Certified Lean Six Sigma Green Belt from Exemplar Global
Trained in COD for 31/2 Yrs. on Strategy & Leadership
GST Certified – MSME – Tech. Dev. Centre (Govt of India)
ZED Consultant – Certified by QCI – MSME (Govt of India)
Member Board of Studies, IIMM
Co-Chairman, Indirect Tax Committee, FTAPCCI
Empanelled Faculty in NI MSME
He has shared his domain expertise in various forums as a speaker & presented a number of papers in various national and
international public forums and received a number of awards for his writings and contribution to business thoughts.
SN Panigrahi
9652571117
snpanigrahi1963@gmail.com
Hyderabad
How to
Start
Export
Business
6.
Payment
Realization
1.
Setting
Up
Business
2.
What to
Export
3.
Where to
Export
5.
Fulfilling
Export
Order
4.How to
Get
Export
Orders
5
Establish an
Organization
Formal Setting
up of
Organization
Obtain
PAN & Open a
Bank Account
Obtain IEC &
RCMC of EPC
Register with
GST & Customs
AD Registration
Selection of
Product /
Service
Freely
Exportable /
Restricted /
Prohibited?
Any Restrictions
in Importing
Country?
Study the
Demand &
Supply Trend;
Competition
Select the
Product
Considering
Competitiveness
Selection of
Markets &
Finding Buyers
Which Country to
go?
Understand
Market Business
Trips and Market
Research
Find a Distributor,
Agent, Wholesaler
or Engage
Representative
Understand
Level of
Competition &
Competitors
Offerings
Sending Offers,
Negotiating &
Getting Orders
Receive Inquires
Send Offers /
Samples
Negotiate Price &
Other Terms
Thoroughly
Understand &
Finalize
Agreement & Get
Formal Order
Confirm Order if
in Agreement &
Receive Payment
/ DC / LC
Execution of
Orders / Export
Source /
Manufacture
Required Goods
Check Quality &
Other
Documentary
Requirements
Engage CHA /
Forwarder for
Customs, Port &
Shipping
Formalities
Export & Get
Shipping
Documents After
Export
Post Export
Formalities
Delivery
Intimation to
Customer
Submission of
Shipping
Documents to
Bank
Realization of
Export Proceeds
Lessons Learned
Are you Ready for
Export Business?
Plan your Market Entry and
Finalize the Right
Agreements
Order Fulfilment &
Post Export
FormalitiesSN Panigrahi
Setting Up
Business
What to
Export
Where to
Export
Fulfilling
Export Order
How to Get
Export Orders
Payment
Realization
Establish an Organization & Register Your Business
Establish an
Organization
Obtain
PAN
Open a
Bank
Account
Obtaining
RCMC from
EPC /
Commodity
Boards
Register
with
GST
Obtain IEC
from DGFT
Register
AD with
Customs
1
1
Business
Setup
Multiple Taxes to
Single Unified Tax
System
GST is a Multipoint
Levy Tax & is a
Value Added Tax
GST is a
Destination based
Tax
GST is a Dual Levy
Tax - Concurrently
Levied by both
Center & State
Seamless Input Tax
Credit – Payment
Mechanism
Value of Supply
Transaction Value
Place of Supply
To Determine Nature
of Supply
Time of Supply
Point of Taxation
Taxable Person –
Registration Under
GST
Supply is the basis
for Levy & Collection
of GST
GST
CGST /
IGST SGST
Earlier 17 Taxes & and 23 Cesses Subsumed
SN Panigrahi 9
Supplier Recipient
Customer
Basic Supply Value = Rs 100
GST @ 5 = Rs 5
Total Invoice Value = Rs 105
Supplier Pays to the Govt.
GST Collected from
Recipient
Govt.
GST
Rs 5 Paid to
Govt
Inward Inv Value = Rs 105
Less ITC = Rs 5
Total Cost Value = Rs 100
Value Addition = Rs 50
Basic Supply Value=Rs 150
GST @ 5 =Rs 7.5
Total Inv Value =Rs 157.5
GST Paid is
Taken as
Credit
Govt.
GST
Rs 7.5 Paid to
Govt
GST Payable to Govt. = Rs 7.5
Less Credit Taken = Rs 5
Net Tax Payable = Rs 2.5
10
S1
Cotton
Yarn
S2
Fabric S3
Garments
FC
CustomerBasic Supply
Value = Rs 100
GST @ 5 = Rs 5
Total Invoice
Value = Rs 105
Inward Inv Value = Rs 105
Less ITC = Rs 5
Total Cost Value = Rs 100
Value Addition = Rs 50
Basic Supply Value=Rs 150
GST @ 5 =Rs 7.5
Total Inv Value =Rs 157.5
Inward Inv Value = Rs 157.5
Less ITC = Rs 7.5
Total Cost Value = Rs 150
Value Addition = Rs 60
Basic Supply Value=Rs 210
GST @ 5 =Rs 10.5
Total Inv Value =Rs 220.5
Inv Value= Rs 220.5
Less ITC = Rs 0
Total Cost
Value = Rs 220.5
Tax Paid = Rs 7.5
Less ITC = Rs 5
Net Tax Paid = Rs 2.5
Value Addition = Rs 50
GST on VA @5% = Rs 2.5
Net Tax Paid is Tax Paid on Value Addition. Therefore called Value Added Tax
Net Tax Paid = Rs 5 + Net Tax Paid = Rs 2.5 + Net Tax Paid = Rs 3 = Total Tax = 10.5
Tax Paid = Rs 10.5
Less ITC = Rs 7.5
Net Tax Paid = Rs 3
Value Addition = Rs 60
GST on VA @5% = Rs 3
Credit of Tax Paid at Every Stage is Available as Setoff for Payment of Tax at Subsequent Stage
C1
C2
SN Panigrahi
1. GST is a Mutli-Point Taxation
2. GST is a Value Added TAX
3. Seamless Credit is allowed
as long as the Value Chain
Continues with Furtherance of
Business;
4. No Credit is allowed in case
No Furtherance of Business or
Exempted Supply
Indirect taxes can be either origin based or destination based. Origin based tax (also
known as production tax) is levied where goods or services are produced. Destination
based tax (consumption tax) are levied where goods and services are consumed.
GST is a Destination-based or Consumption-based Tax. Hence, the place of
consumption will decide the State that will collect tax. The parody behind destination-
based taxation is, the producing/selling state gets nothing while the consuming states
receive complete share of revenue.
SNPanigrahi
Tax will go to Maharashtra
Maharashtra
11
Dual Levy
Central
Levy
Union Territory
Levy
CGST
UT GST
State
Levy SGST
or
IGST will be leviable on inter-state transactions
12
I GST
Central
Levy
SN Panigrahi 13
14
Supply
All form of
Supplies for a
consideration
Section 7(1)(a)
Even Some
Specific
Supplies Without
Consideration
Section 7(1)(c) –
Schedule : I
Clarifying
Certain Activities
Whether Goods
or Services
Section 7(1)(d)
– Schedule : II
Treated Neither
as a Supply of
Goods Nor a
Supply of
Services –
Section 7(2)
Schedule : III
Sec 7 of
CGST Act
In the Course or Furtherance
of Business
Import of
Services for a
Consideration
whether or not in
the course or
furtherance of
business -
Section 7(1)(b)
 All forms of supply of goods and/or services
 such as sale, transfer, barter, exchange, license, rental, lease or disposal
 made or agreed to be made
 for a consideration
 by a person
 in the course or furtherance of business,
Involves
Goods or Services or Both
Supply includes
15
Supply
Goods Services Both
or orInvolves
16
Combination of
Supply
Mixed Supply
(Sec 2(74) of CGST Act)
Composite Supply
(Section 2(30) of CGST Act)
Naturally Bundled ?
& Made in Conjunction
with One Another
Yes No
Rate Rate
Rate Applicable on Principal
Supply
(Section 8(a) of CGST Act)
Highest Rate Among All
(Section 8(b) of CGST Act)
SNPanigrahi
Naturally Bundled and Supplied in
Conjunction with each other
Supply does not Constitute a
'Composite Supply'.
Multiple
Supplies
Single
Price
17
Classification
Goods Services
HSN
Code
SAC
Code
GST Rates for Goods
SCHEDULE I: LIST OF GOODS AT NIL RATE
SCHEDULE II: LIST OF GOODS AT 0.25% RATE
SCHEDULE III: LIST OF GOODS AT 3% RATE
SCHEDULE IV: LIST OF GOODS AT 5% RATE
SCHEDULE V: LIST OF GOODS AT 12% RATE
SCHEDULE VI: LIST OF GOODS AT 18% RATE
SCHEDULE VII: LIST OF GOODS AT 28% RATE
Compensation Cess applicable on Luxury & Demerit Items
GST Rates for Services
LIST OF SERVICES AT NIL RATE
LIST OF SERVICES AT 5% RATE
LIST OF SERVICES AT 12% RATE
LIST OF SERVICES AT 18% RATE
LIST OF SERVICES AT 28% RATE
Compensation Cess applicable on Luxury
& Demerit Items
The Harmonized System (HS)
 Multipurpose Goods Nomenclature
 Basis for Customs Tariffs and Trade Statistics of 200
countries and economies
 More than 98 % of World trade in terms of the HS
 A universal economic language and code for
transportable goods
 Implemented internationally in 1988 by the HS
 Convention (153 Contracting Parties by June
2015)
 Maintained by WCO through the HS Committee
 Nomenclature Sub-Directorate acts as Secretariat
Used by :
 Customs and statisticians
 Governments
 International organizations
 Private sector
SN Panigrahi 19
Description HSN No.
BASMATI Rice 10063020
BROWN RAJMA 0713.33 00
URAD DAL 0713.31 00
CLOVES 9071010
CASHEW 0801.32.10
JAGGERY BLOCKS 1701.13.10
MULTIGRAIN ATTA 1102.90.90
Soya Bean 1201 10 00
STEAM STERILIZED CHILLY POWDER 0904.22.11
STEAM STERILIZED CHILLY FLAKES 0904 22 12
Soya Flour 1208.10.00
20
Reverse Charge Mechanism (RCM)
Notified Goods
& Services
Sec 9(3) of CGST Act
Or
Sec 5(3) of IGST Act
Sec 9(4) of CGST Act
Or
Sec 5(4) of IGST Act
Deferred
w.e.f. 13-10-2017 till 30.09.2019
Notification No. 38/2017 – Central Tax (Rate); 13th Oct, 2017
& Notification No. 10/2018 – Central Tax (Rate); 23rd March, 2018
Notification No.12/2018 – Central Tax (Rate); 29th June, 2018
Notification No. 22/2018 – Central Tax (Rate); 6th August, 2018
Relaxed
w.e.f. 1-07-2017 till 13-10-2017
Notification No. 08/2017 – Central Tax (Rate) dated 28-06-2017
No RCM on Intra-State Supplies Received from Un-Registered
Supplier(s) for value not exceeding five thousand rupees in a day.
No such exemption was granted under IGST act.
Central Goods &
Services Tax
(Amendment) Act,
2018 (No 31 of 2018)
-30th August 2018
Effective from 01-02-
2019
Notification No.
02/2019 – Central
Tax dated 29-01-2019
Reverse
Charge
Supply from
Un-registered
Person
Up to 30-01-2019
w..e.f 1-02-2019
Certain specified
Categories of Goods or
Services or both by
Notified Classes of
Registered Persons
from Unregistered
Suppliers
Vide Notification No. 01/2019 – Central Tax (Rate) dated 29-01-2019, Central Government rescinds principle Notification No.
08/2017 – Central Tax (Rate) dated 28-06-2017 and consequently exemption provided till 30th September 2019 stands
withdrawn.
22
Reverse Charge : Notified
Goods & Services : Sec 9(3)
Notified Goods
Notification No. 04/2017- Central Tax
(Rate) dated 28th June, 2017
Notification No. 36/2017- Central Tax
(Rate) dated 13th October, 2017
Notification No. 43/2018- Central Tax
(Rate) dated 14th November 2017
Notification No. 11/2018- Central Tax
(Rate) dated 28th May, 2018
Notified Services
Notification No. 13/2017- Central
Tax (Rate) dated 28th June, 2017
Notification No. 33/2017- Central
Tax (Rate) dated 13th October,
2017
Notification No. 03/2018- Central
Tax (Rate) dated 25th January,
2018
Notification No. 15/2018- Central
Tax (Rate) dated 26th July, 2018
Sec 9(3) of CGST Act : Reverse charge may be applicable in case of supply
of notified goods or services or both.
SN Panigrahi
RCM for Services
 Goods Transport Agency (GTA)
 Services supplied by an individual advocate including a senior advocate by way of
Representational services
 Services supplied by an Arbitral Tribunal to a business entity
 Services provided by way of Sponsorship to any body corporate or partnership firm.
 Government or local authority
 Services supplied by the Central Government, State Government, Union territory or local
authority by way of renting of immovable property to a person registered under the Central
Goods and Services Tax Act, 2017 (12 of 2017)
 Services supplied by a Director of a Company or a body corporate to the said company or the
body corporate
Reverse Charge : Notified Services
Notification No. 13/2017- Central Tax (Rates) DT:28.06.2017
As Amended vide Notification no 03/2018 Central tax (Rate) dated 25th January 2018 & 15/2018-
Central Tax (Rate) ,dt. 26-07-2018; Notification No. 29/2018- Central Tax (Rate) Dated 31.12.2018.
24
GST on Import of Services Notification no 10/2017 Integrated Tax (Rate) dated 28th June
2017 u/s 5(3) of IGST Act, requires payment under RCM for:
i) Any service supplied by any person who is located in a non-taxable territory to any
person other than nontaxable online recipient.
Thus, the import of services will fall under this category as supply of any service where the
supplier is located outside India and the recipient is located in India, the place of supply
of service will be in India.
It may be noted that, Import of services by an Indian branch from their overseas branch, in
the course or furtherance of business, even if without consideration, will be a supply due
to provision contained in Schedule I of the CGST Act, 2017.
RCM – Import Services
SN Panigrahi 25
Sr.
No
Services Provider of
service
Recipient of Service
1 Taxable services provided or
agreed to be provided by
any person who is located in
a non-taxable territory and
received by any person
located in the taxable
territory other than non-
assessees online recipient
Online Information Data Base Access
and Retrieval (OIDAR)
Any person
who is located
in a non-
taxable
territory
Any person located in the
taxable territory other than
non-assessee online
recipient (Business
Recipient)
RCM – Import Services
SN Panigrahi 26
Sr.
No
Services Provider of
service
Recipient of Service
Services by way of
transportation of goods by
a vessel from a place
outside India up to the
customs station of
clearance in India
A person
located in
non-taxable
territory to a
person
located in
non-taxable
territory
Importer as defined under
clause (26) of section 2 of
the Customs Act, 1962.
RCM – Import of Goods – Freight
Paid by Overseas Supplier
INCOTERM : CNF & CIF
SN Panigrahi 27
28
Sec 22. (1) of CGST Act : Every supplier who makes a taxable supply and whose
aggregate turnover in a financial year exceeds twenty lakh rupees need to be
Registered under GST.
SNPanigrahi
Structure of Registration Number
State
Code
PAN
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15
Entity Code
Blank
Check Digit (Logical Code)
Each taxpayer will be allotted a state wise PAN-based 15-digit Goods and Services Taxpayer
Identification Number (GSTIN)
Various digits in GSTIN will denote the following :
State Code
as defined under the
Indian Census - 2011
Multiple Places of business
Alpha-numeric (1-9 and then A-Z) and
would be assigned depending on the
number of registrations a legal entity
(having the same PAN) has within
one state.
For Future
Use
10 Digit PAN
SN Panigrahi 29
Definition
of Export
Export of Services
Section 2 (6) of IGST Act, 2017 :
(i) The Service Provider is situated in India;
(ii) The Recipient of Service is situated Outside India;
(iii) The Place of Supply of that service is also Outside India;
(iv) The Payment for such service has been received by the supplier of
service in Convertible Foreign Exchange or in Indian rupees
wherever Permitted by the Reserve Bank of India; and
(v) The supplier of service and the recipient of service are Not Merely
Establishments of a Distinct Person in accordance with Explanation 1
in section 8; .
Export of Goods
Section 2 (5) of IGST Act, 2017 :
“Taking Goods out of India to a place outside India”
Explanation.––For the purposes of this Act, where a person has,––
(i) an establishment in India and any other establishment outside India;
(ii) an establishment in a State or Union territory and any other establishment outside that State or Union territory; or
(iii) an establishment in a State or Union territory and any other establishment being a business vertical registered within
that State or Union territory, then such establishments shall be treated as establishments of distinct persons.
Export
Services
Goods
Section 2 (5) of IGST Act, 2017 :
taking out of India to a place outside India.
Section 2 (6) of IGST Act, 2017 :
1.Supplier - located in India;
2. Recipient - located outside India;
3.Place of supply of service is outside India;
4.Payment received in convertible foreign
exchange or in Indian rupees wherever
Permitted by the Reserve Bank of India; and
5.Supplier and Recipient of service are not
merely establishments of a distinct person
Sec 7(5) of IGST Act, 2017 : Supply
of goods or services or both,––
(a) when the supplier is
located in India and the place
of supply is outside India;
(b) to or by a Special
Economic Zone developer or
a Special Economic Zone
unit; or
(c) in the taxable territory, not
being an intra-State supply and
not covered elsewhere in this
section,
shall be treated to be a supply
of goods or services or both in
the course of inter-State trade or
commerce.
SN Panigrahi 32
Sec 7(5) of IGST Act, 2017 : Supplies Either Goods or Services or Both
Supplier in India Place of Supply
Outside India
Treated as
Inter-State Supply
Treated as
Inter-State SupplySec 7(5)(a)
Sec 7(5)(b)
Sec 7(5)(c) : Residual Provision : Those in the taxable territory, not being an intra-State supply and not
covered elsewhere in this section
Outside
SEZ
33
Sec 7(4)
of IGST
Act,
2017
Sec 7(2)
of IGST
Act,
2017
Sec 7(5)
of IGST
Act,
2017
Export or
Import of Goods
or Services
Treated as
Inter-State
Transaction
Exporter / Importer Need
to Register Compulsorily
Sec 24 of CGST Act
IGST
Applicable
34
Sec 2(23) of IGST Act: “zero-rated supply” shall have the meaning assigned to it in section 16;
Sec 16. (1) of IGST Act : “zero rated supply” means any of the following supplies of goods or
services or both, namely:––
(a) export of goods or services or both; or
(b) supply of goods or services or both to a Special Economic Zone developer or a Special
Economic Zone unit.
Zero Rated
Supply Supply of Goods or Services
To SEZ / SEZ Dev.
Export of Goods or Services
SN Panigrahi 35
As per Section 54(3) of the CGST Act, 2017, any unutilised input tax credit in zero rated supplies can be
refunded, wherever such supplies are made by using the option of Bond/ LUT. The difference between zero
rated supplies and exempted supplies is tabulated as below:
Exempted Supplies Zero rated Supplies
“exempt supply” means supply of any goods or services or both
which attracts nil rate of tax or which may be wholly exempt from
tax under section 11 of CGST Act orunder section 6 of the IGST
Act, and includes non-taxable supply
“zero-rated supply” shall have the meaningassigned to it in section
16
No tax on the outward exempted supplies, however, the
input supplies used for making exempt supplies to be taxed
No tax on the outward supplies; Input suppliesalso to be tax free
Credit of input tax needs to be reversed, if taken;
No ITC on the exempted supplies
Credit of input tax may be availed for makingzero-rated supplies, even if
such supply is anexempt supply
ITC allowed on zerorated supplies
Value of exempt supplies, forapportionment of ITC, shall include
supplies on which the recipient is liable to pay tax on reverse
charge basis, transactions in securities, sale of land and,subject
to clause (b) of paragraph 5 of Schedule II, sale of building.
Value of zero rated supplies shall be added along with the taxable
supplies for apportionment of ITC (Input Tax Credit)
Any person engaged exclusively in the business of supplying
goods or services or both that are not liable to tax or wholly
exempt from tax under the CGST or IGST Act shall not be liable
to registration
A person exclusively making zero rated supplies may have to register as
refunds of unutilised ITC or integrated tax paid shall have to be claimed
A registered person supplying exempted goods or services or
both shall issue, instead of a tax invoice, a bill of supply
Normal tax invoice shall be issued
36
Sec 16. (2) of IGST Act : Subject to the provisions of sub-section (5) of
section 17 of the Central Goods and Services Tax Act, credit of input tax
may be availed for making zero-rated supplies, notwithstanding that
such supply may be an exempt supply.
Zero Rated Supply:
Export / Supplies to
SEZ
Taxable
Supply
ITC
Allowed
Exempt
Supply
OR
SN Panigrahi 37
38
Sec 16. (3) of IGST Act : A registered person making zero rated supply shall be eligible to claim refund under either of
the following options, namely:––
a) he may supply goods or services or both under bond or Letter of Undertaking, subject to such conditions,
safeguards and procedure as may be prescribed, without payment of integrated tax and claim refund of
unutilised input tax credit; or
b) he may supply goods or services or both, subject to such conditions, safeguards and procedure as may be
prescribed, on payment of integrated tax and claim refund of such tax paid on goods or services or both
supplied,
in accordance with the provisions of section 54 of the Central Goods and Services Tax Act or the rules made thereunder.
Export /
Supplies to
SEZ / SEZ
Dev.
Without Payment of Tax
Under Bond / LUT
FORM GST RFD-11
With Payment of
IGST
Refund of
ITC
Refund of
IGST
Option - 1
Option - 2
Sec 16. (3)(a)
Sec 16. (3)(b)
All registered persons who intend to supply goods or services for export without payment of
integrated tax shall be eligible to furnish a Letter of Undertaking in place of a bond except those
who have been prosecuted for any offence under the Central Goods and Services Tax Act, 2017 (12 of
2017) or the Integrated Goods and Services Tax Act, 2017 (13 of 2017) or any of the existing laws in
force in a case where the amount of tax evaded exceeds two hundred and fifty lakh rupees;
Notification No. 37 /2017 – Central Tax, 4th
October, 2017
39
All
Registered
Persons
Eligible to Furnish LUT
Export
Supplies to SEZ Dev.
/ SEZ
Intended
for
Who is Not Prosecuted
where the Amount
of Tax Evaded
> Rs 250 L
Supplies to EOU not Treated as Zero Rated Supply. Therefore not Eligible for LUT
LUT Valid for the Whole Financial Year in which it is tendered.
Zero Rated Supply
40
Exporter
Without Payment
of Tax
Under Bond / LUT
FORM GST RFD-11
With Payment of
IGST
Payment of
IGST
Refund of
ITC
Refund of
IGST
Option - 1
Option - 2
Sec 16. (3)(a)
Sec 16. (3)(b)
Separate
Application
In RFD -01A
No Separate
Application
S/B Treated as
Application
Separate
Application
In RFD - 01A
Export of Goods
Export of Services /
Supplies to SEZ
Circular No. 17/17/2017- GST dated 15.11.2017 and
Circular no. 24/24/2017-GST dated 21.12.2017
Zero Rated Supply
Export / Supplies to
SEZ / SEZ Dev.
ITC
Allowed
ITC
Allowed
Accumulated ITC can be Claimed as Refund
Credit Ledger Debited to the Extent of Refund Claimed
ITC Utilized towards Payment of IGST
SNPanigrahi
GST Paid
Inward Supply
SN Panigrahi 41
Commercial
Documents
To discharge respective
Legal and other incidental
Responsibilities under
Sales Contract.
Regulatory
Documents
These are prescribed by
various Government
Departments / Bodies for
compliance of formalities
under relevant Laws
Governing Transactions in
Exporting Country &
Importing Country.
Documents
Required by
Exporting Country
Documents
Required by
Importing Country
Export Assistance
Documents
These are the documents
which are required for
claiming assistance under
the various Export
Assistance / Promotion
Measures
42
MANDATORY DOCUMENTS FOR EXPORT & IMPORT
S. No. EXPORTS IMPORTS
1 Bill of Lading/ Airway Bill Bill of Lading/ Airway Bill
2 Commercial Invoice cum
Packing List
Commercial Invoice cum
Packing List
3 Shipping Bill/ Bill of
Export
Bill of Entry
MANDATORY DOCUMENTS LISTED BY WORLD BANK IN DOING
BUSINESS REPORT 2015
S. No. EXPORTS IMPORTS
1 Shipping Bill Bill of Entry
2 Commercial Invoice Commercial invoice
3 Packing List Packing List
4 Bill of Lading Bill of Lading
5 Foreign Exchange Control Form (SDF) Foreign Exchange Control Form (Form A-1)
6 Terminal Handling Receipt Terminal Handling Receipt
7 Technical Standard Certificate Certified Engineer's
Report
8 Cargo Release Order
9 Product manual
10 Inspection report
DGFT NOTIFICATION No.08/2015-2020 Dated 4 th June, 2015
43
Principal Documents
Commercial Invoice
Packing List
Bill of Lading / Airway Bill
Certificate Inspection
Certificate of Origin
Bill of Exchange
Shipping Advice
Insurance Certificate
Auxiliary Documents
Proforma Invoice
Intimation for Inspection
Shipping Instructions
Insurance Declaration
Application for Certificate of Origin
Mate’s Receipt
Letter to Bank for Collection
Shipping Order
44Export Tax Invoive
(Under Sec 31 of CGST Act; Rule 46)
SUPPLY MEANT FOR EXPORT/SUPPLY TO SEZ UNIT OR SEZ DEVELOPER FOR AUTHORISED OPERATIONS ON PAYMENT OF INTEGRATED TAX”
Or
“SUPPLY MEANT FOR EXPORT/SUPPLY TO SEZ UNIT OR SEZ DEVELOPER FOR AUTHORISED OPERATIONS UNDER BOND OR LETTER OF UNDERTAKING WITHOUT
PAYMENT OF INTEGRATED TAX”
Exporter / Consignor / Beneficiary
Name & Address
GSTIN :
Invoice No. & Date Exporters Ref. / Sales Contract
Buyers Order No. & Date
Other Reference(s)
Importer / Consignee Buyer (if other than Consignee) Notify Party
Name and Address of the Other Party Involved
other than Buyer
Pre-Carriage by: Place of Receipt
by Pre-Carriage:
Country of Origin:
Port Code :
Country of Final Destination
Vessel / Flight Details Port of Loading Terms of Delivery :
Payment Terms :
L/C No. & Date :
Usance :
Port of Discharge Final Destination
Marks & Nos No. & Kind of Pkgs Description of Goods HSN
Code
Qty UoM
Foreign Currency Indian Currency
Price Value Price Value
Container No.
Discount
Taxable Value (FOB)
GST Rate
GST Amount
Exchange Rate : Total
LUT No. & Date
Bank Details Grand Total
Amount Chargable (Rs in Words)
For
Place
Date Authorised Signatory
45
Provided also that in the case of the export of goods or services, the invoice
shall carry an endorsement
“SUPPLY MEANT FOR EXPORT/SUPPLY TO SEZ UNIT OR SEZ DEVELOPER FOR
AUTHORISED OPERATIONS ON PAYMENT OF INTEGRATED TAX”
or
“SUPPLY MEANT FOR EXPORT/SUPPLY TO SEZ UNIT OR SEZ DEVELOPER FOR
AUTHORISED OPERATIONS UNDER BOND OR LETTER OF UNDERTAKING WITHOUT
PAYMENT OF INTEGRATED TAX”,
as the case may be, and shall, in lieu of the details specified in clause (e), contain the following details,
namely,-
(i) name and address of the recipient;
(ii) address of delivery; and
(iii) name of the country of destination
Tax Invoice – Export
Rule 46
SN Panigrahi 46
47
Registered
Merchant
Exporter
Registered
Supplier
Intra-State Supply
0.05% CGST + 0.05% SGST
(OR)
Inter-State
Supply
0.1% IGSTPhysical
Movement
of Goods Export within 90 Days
From Tax Invoice of Supplier
Indicate in S/B –
1. Suppliers GSTIN
2. Suppliers Invoice No. & Date
Port / ICD /
Airport
LCS
Registered
Warehouse
(OR)
Aggregate Supplies
from Multiple
Registered Suppliers
Merchant Exporter Procuring from Domestic Supplier
Notification No. 40/2017-Central Tax (Rate), 23rd October, 2017
Notification No. 41/2017--Integrated Tax (Rate), 23rd October, 2017c
Registered with an
Export Promotion
Council or a
Commodity Board
w.e.f 23rd October, 2017
Warehouse
to Port
In a Major Relief
to the Merchant
Exporters, Partial
Exemption of
GST was
Provided on
Procurement from
Domestic
Suppliers, w.e.f
23rd October, 2017
Tax Invoice
48
Registered
Merchant
Exporter
Registered
Supplier
Jurisdictional
Tax
Officer
1. Purchase Order Placed
2. Copy of
Purchase Order
5. After
Export
Copy of S/B or
Bill of Export
+
Proof of EGM /
Export Report
6. After Export
Copy of S/B or
Bill of Export
+
Proof of EGM /
Export Report
7. Supplier Shall not be
Eligible for the Tax
Exemption if the Registered
Recipient fails to Export the
said goods within a period
of 90 Days from the date of
issue of Tax Invoice.
Merchant Exporter Procuring from Domestic Supplier
Notification No. 40/2017-Central Tax (Rate), 23rd October, 2017
Notification No. 41/2017--Integrated Tax (Rate), 23rd October, 2017
4.Exports Made
Within 90 Days
3. Supplies Made with GST Payment – Rate 0.1%
8. Supplier to Pay
Differential GST amount in
case Merchant Exporter
Fails to Export within 90
Days
SN Panigrahi 49
According to Notification No. 40/2017-Central Tax (Rate), 23rd October, 2017 and Notification No. 41/2017--
Integrated Tax (Rate), 23rd October, 2017, notification No. 3/2018-Central Tax, dated 23.01.2018 and Circular No.
37/11/2018-GST; Dated the 15th March, 2018 the benefit of procuring at Concessional Rate of 0.1% allowed to
Merchant Exporters subject to condition that the Merchant Exporter of such goods can Export the goods only
under LUT / bond and cannot export on payment of integrated tax per Rule 96(10) of the CGST Rules.
Registered
Merchant
Exporter
Registered
Supplier
(OR)
Inter-State
Supply
0.1% IGST
Supply
Tax Invoice
Export
Without Payment
of Tax under
LUT / Bond
Intra-State Supply
0.05% CGST +
0.05% SGST
Export
With Payment
of IGST
Claim
ITC
Refund
This Option
Not Available
Sec 16. (3)(a) of IGST Act
Sec 16. (3)(b) of IGST Act
SN Panigrahi 50
51
Chapter -1: LEGAL FRAMEWORK AND TRADE FACILITATION
Chapter 2 : GENERAL PROVISIONS REGARDING IMPORTS AND EXPORTS
Chapter 3 : EXPORTS FROM INDIA SCHEMES
Chapter 4 : DUTY EXEMPTION / REMISSION SCHEMES
Chapter 5 : EXPORT PROMOTION CAPITAL GOODS (EPCG) SCHEME
Chapter 6 : EOUs, EHTPS, STPS & BIO-TECHNOLOGY PARKS (BTPS)
Chapter 7 : DEEMED EXPORTS
Chapter 8 : QUALITY COMPLAINTS AND TRADE DISPUTES
Chapter 9 : DEFINITIONS
Chapter 7A : TRANSPORT AND MARKETING ASSISTANCE (TMA)
SN Panigrahi 52
ITC-HS Codes
Schedules
Schedule – I
ITC(HS) Import
Schedule – II
ITC(HS) Export
Divided into 21 Sections and each section is
further divided into chapters. The Total 98
Number of Chapters in the schedule I
Contain 97 Chapters giving all the details about
the guidelines related to the export policies.
ITC-HS Codes or better known as Indian Trade Clarification based on Harmonized System of Coding was
adopted in India for import-export operations. Indian custom uses an eight digit ITC-HS Codes
53
The item wise export and import policy shall be, as specified in ITC(HS) published and notified by
Director General of Foreign Trade which Specifies Conditions according to which any goods are
allowed for Export or Import.
Schedule 1 of ITC (HS) Provides for Import and
Schedule 2 of ITC (HS) Provides for Export
• These Items can’t
be Exported /
Imported at all.
• Allowed only through
Designated State
Trading Enterprises
like STC; MMTC
• Must get
Authorization
Explicitly
Permitting such
Goods
• No Permission
Required
Freely
Allowed
Restricted
Items
Prohibited
Items
Channelized
Items
ITC
(HS)
SN Panigrahi 54
Trade Agreements
Countries that want to increase international trade negotiate free trade agreements. Here are the most
important India trade agreements:
Preferential Trade Agreement (PTA): In a
PTA, two or more partners agree to reduce
tariffs on agreed number of tariff lines. The
list of products on which the partners agree
to reduce duty is called positive list. India
MERCOSUR PTA is such an example.
However, in general PTAs do not cover
substantially all trade
Free Trade Agreement (FTA) : In FTAs,
tariffs on items covering substantial bilateral
trade are eliminated between the partner
countries; however each maintains individual
tariff structure for non-members.
India Sri Lanka FTA is an example.
Difference Between PTA & FTA: The key difference between an FTA
and a PTA is that while in a PTA there is a positive list of products on
which duty is to be reduced; in an FTA there is a negative list on which
duty is not reduced or eliminated. Thus, compared to a PTA, FTAs are
generally more ambitious in coverage of tariff lines (products) on which
duty is to be reduced.
SN Panigrahi 55
Comprehensive Economic Cooperation
Agreement (CECA) and Comprehensive
Economic Partnership Agreement (CEPA):
These terms describe agreements which consist
of an integrated package on goods, services and
investment along with other areas including IPR,
competition etc. The India Korea CEPA is one
such example and it covers a broad range of
other areas like trade facilitation and customs
cooperation, investment, competition, IPR etc.
Custom Union: In a Customs union, partner
countries may decide to trade at zero duty
among themselves, however they maintain
common tariffs against rest of the world. An
example is Southern African Customs Union
(SACU) amongst South Africa, Lesotho, Namibia,
Botswana and Swaziland. European Union is
also an outstanding example.
Common Market: Integration provided by a
Common market is one step deeper than that by
a Customs Union. A common market is a
Customs Union with provisions to facilitate free
movements of labour and capital, harmonize
technical standards across members etc.
European Common Market is an example.
Economic Union: Economic Union is a Common
Market extended through further harmonization of
fiscal/monetary policies and shared executive,
judicial & legislative institutions. European Union
(EU) is an example.
SN Panigrahi 56
SN Panigrahi 57
1 APTA Asia Pacific
Trade
Agreement
5 Bangladesh, China, India, Republic of Korea,
Sri Lanka
PTA
2 India
ASEAN
TIG
India ASEAN
Trade in Goods
Agreement
11 Brunei, Cambodia, Indonesia, Laos, Malaysia,
Myanmar, Philippines, Singapore, Thailand,
Vietnam and India
FTA
3 BIMSTEC Bangladesh,
India,
Myanmar, Sri
Lanka,
Thailand
Economic
Cooperation
7 Bangladesh, India, Myanmar, Sri Lanka,
Thailand, Bhutan and Nepal.
Under
negotiations
4 GSTP Global System
of Trade
Preference
58
Receipt of Enquiry &
Sending Offers
Receipt of Export Order
or Indent
Assessing Credit
Worthiness of Customer
Verifying whether the
Export order is in Line &
Accepting if in Order
Obtaining Pre-Shipment
Finance & Obtaining
Export Licenses /
Authorizations
Receiving Advance
Payments or L/C etc
Arranging / Sourcing /
Manufacturing Required
Goods
Getting Goods Ready
with Proper Packing &
Marking
Appointing / Engaging
CHA / Forwarder
Arranging Pre-Shipment
Inspection if Required
Reservation of Shipping
Space
Preparing Necessary
Documents - Dispatch of
Goods & Arranging
Insurance
Receipt of Goods in the
Port & Customs
Clearance
Obtaining S/B & Bill of
Lading / Air Waybill
Negotiating the
Documents in the Bank
Realizing the Export
Proceedings
59
Sampling Providing customized samples as per the demands of Foreign buyers help in getting export
orders. As per FTP 2015-2020, exports of bonafide trade and technical samples of freely
exportable items shall be allowed without any limit.
Denomination of
Exports Contracts
All Export Contracts and Invoices shall be Denominated either in Freely Convertible Currency
or Indian Rupees but the Export Proceeds shall be Realized in Freely Convertible Currency
Except as Permitted by RBI.
Pricing/Costing The price should be worked out taking into consideration all expenses from sampling to
realization of export proceeds on the basis of terms of sale i.e. Free on Board (FOB), Cost,
Insurance & Freight (CIF), Cost & Freight(C&F), etc. Goal of establishing export costing
should be to sell maximum quantity at competitive price with maximum profit margin.
Payment Term Deciding on the best payment term (L/C,DA, DP etc) as given in chart.
Customs House Agents Exporters may avail services of Customs House Agents licensed by the Commissioner of
Customs. They are professionals and facilitate work connected with clearance of cargo from
Customs.
Mandatory documents
for export of goods from
India
1. Bill of Lading/Airway Bill/ Lorry Receipt/ Railway Receipt/Postal Receipt.
2. Commercial Invoice cum Packing List
3. Shipping Bill/Bill of Export
(In specific cases of export or import, the regulatory authority concerned may electronically or
in writing seek additional documents)
60
Customs Procedure No goods can be exported without clearance of export consignment by customs which
issues the Let Export Order after filing of shipping bill.
Submission of Export
Documents To Bank
Within 21 days from the date of export, exporter should lodge the copy of EDF together
with relative shipping documents and an extra copy of the invoice with the
Banks. In cases, where exporters present documents pertaining to exports after the
prescribed period of 21 days from date
of export, Banks may handle them without prior approval of the Reserve Bank,
provided they are satisfied with the reasons for the delay.
61
Mode of Payment of
export
The amount representing the full export value of the goods exported
shall be received through a Bank in the manner specified in the Foreign Exchange
Management (Manner of Receipt & Payment) Regulations, 2000 in the following manner:
· Bank draft, pay order, Banker’s or personal cheques.
· Foreign currency notes/foreign currency travelers cheques from the buyer during his
visit to India.
· Payment out of funds held in the FCNR/NRE account maintained by the buyer
· International Credit Cards of the buyer.
Note: When payment for goods sold to overseas buyers during their
visits is received in this manner, EDF (duplicate) should be released by the Banks onl
y on receipt of funds in their Nostro account or if the Bank
concerned is not the Credit Card servicing Bank, on production of a certificate by the
exporter from the Credit Card servicing Bank in India to the effect that it has received the
equivalent amount in foreign exchange, Banks may also receive payment for exports made
out of India by debit
to the credit card of an importer where the reimbursement from the card issuing Bank/
organisation will be received in foreign exchange.
Realization of Export
Proceeds
As per FTP 2015-2020, all export contracts and invoices shall be denominated either in freely
convertible currency of Indian rupees, but export proceeds should be realized in freely
convertible currency except for export to Iran. Export proceeds should be realized in 9
months.
62
Chapter 3 of
FTP
EXPORTS
FROM INDIA
SCHEMES
Objectives
To offset infrastructural inefficiencies
and associated costs involved in
export of goods/products, which are
produced/ manufactured in India,
especially those having high export
intensity, employment potential and
thereby enhancing India’s export
competitiveness
Incentive
Duty Scrips are issued for Value
Ranging from 2 - 7% of FOB Value
of Exports as per Para 3.02 of FTP.
Two
Schemes
Merchandise Exports
from India Scheme
(MEIS)
Service Exports
from India Scheme
(SEIS)
For Notified Goods /
Products X Markets
APPENDIX -3B of HB
For Notified Services
APPENDIX- 3D of HB
Own Imports
Offset Towards
Customs Duty
Transfer
Exempted
from GST
Options1 2
For
Goods
For
Services
SN Panigrahi 63
How to Find MEIS Rates
http://dgftcom.nic.in/licasp/MEIS/MEIS2016.asp
Appendix 3B-MEIS Schedule
http://worldtradescanner.com/MEISApp3BTable2.pdf
64
Chapter 4 of
FTP
DUTY
EXEMPTION /
REMISSION
SCHEMES
Objectives
Schemes under this Chapter
enable duty free import of inputs
for export production, including
replenishment of inputs or duty
remission.
Duty Exemption
Issued to allow duty free import of
input, which is physically
incorporated in export product
(making normal allowance for
wastage).
In addition, fuel, oil, catalyst which is
consumed / utilized in the process of
production of export product, may
also be allowed.
Two
Schemes
Issued based
on SION
Advance
Authorization Scheme
Para 4.03 of FTP
Actual User Condition
Duty Free Import Authorization
Scheme (DFIA)
Para 4.25 of FTP
Transferable
Import : Customs Duty +
GST Exempted
Import Validity : 12 Months
Export Obligation (EO) Min. 15% or As
Prescribed to be Fulfilled over a Period
of 18 Months
Import : Exempted Basic Customs Duty only
Import Validity : 12 Months
Export Obligation (EO) Min. 20% or As
Prescribed to be Fulfilled over a Period
of 12 Months
65
Chapter 5 of
FTP
Export
Promotion
Capital Goods
(EPCG)
Scheme
Objectives
The objective of the EPCG Scheme
is to facilitate import of capital
goods for producing quality goods
and services and enhance India’s
manufacturing competitiveness.
Duty Exemption
EPCG Scheme allows import of
capital goods (except those
specified in negative list in
Appendix 5 F) for pre-production,
production and post-production at
zero customs duty.
Two
Options
Import
Validity : 24 months from the
date of issue of Authorisation.
No Revalidation permitted.
Customs Duty + GST Exempted
Domestic Procurement
Supplies are Treated as Deemed
Exports.
GST First Payable, then can be
Claimed as Refund
Actual User Condition
Imported CG shall be subject to
Actual User condition till export
obligation is completed and
EODC is granted.
Export Obligation
6 times of Duties, Taxes and Cess saved To
be fulfilled in 6 years reckoned from date of
issue of Authorisation.
Conditions &
Export
Obligation
66
Chapter 6 of
FTP
EOUs, EHTPS,
STPS & BTPS
Objectives
To promote exports, enhance
foreign exchange arnings,
attract investment for export
production and employment
generation.
Units undertaking to export their entire
production of goods and services(except
permissible sales in DTA), may be set up
under the Export Oriented Unit (EOU)
Scheme, Electronics Hardware Technology
Park (EHTP) Scheme, Software Technology
Park(STP) Scheme or Bio-Technology Park
(BTP) Scheme for manufacture of
Goods.
Export
Export their Entire Production of
goods and services
(except permissible sales in DTA)
May export all kinds of goods and
services except items that are
prohibited in ITC (HS).
Import
Allowed all types of goods, including capital
goods, provided they are not prohibited items
The imports and / or procurement from
bonded Warehouse: Without Payment of
BCD, CVD, SAD.
IGST / Compensation Cess
Exempted only upto 31-03-2020
Procurement from DTA
Goods covered under GST : On Payment of Applicable GST and Compensation Cess
(No Exemption). Supplies from DTA are Treated as Deemed Exports & Refund is Allowed
Trading
units are
not covered
under these
schemes.
Register @
Customs
IEC & AD
Register @
Customs
Export
Promotion
Schemes
Filing of
Declaration in
EDI
By Exporter /
CHA
Checklist is
Generated for
Verification
Data is
Submitted to the
System by the
Service Center
Operator
System
Generates a
Shipping Bill No.
Generation of
Shipping Bills;
Bill of Lading
Customs
Examination of
Export Cargo &
Allow Let Export
System Appraisal
of Shipping Bills
RMS
Arrival of Goods
at Docks
Customs
Registration
Processing of
Shipping Bill
ProcessingofShippingBill
Types of
Shipping
Bill
Free
Shipping Bill
Dutiable
Shipping Bill
Drawback
Shipping Bill
Shipping bill
for Shipment
Ex-Bond
Coastal
Shipping Bill
Shipping Bill/ Bill of Export is the main document required by the Customs
Authority for allowing shipment. There are following Types of Shipping Bills:
NumberofCopiesof
ShippingBill
Customs Copy
Exporter's Copy
Exchange Control
Copy
Export Promotion
Copy
The customs authorities endorse the duplicate copy of the shipping bill with
"Let Export Order" and "Let Ship Order".
After the clearance or customs, exporter can load the goods on ship.
Generated After
“Let Export Order”
is Generated
Optional - Generated
after submission of
EGM
Circular No. 26/2017-Customs, dated the 1st July, 2017
SN Panigrahi
Purchase of RFID
Embedded E-
Seals from the
Authorized
Vendors
Intimation to
Concerned
Authorities when
self-sealing is
carried out
Declare Serial
Number of e-
seal in S/B
Feed Data in the
e-seal through
web based
module Provided
by the Vendor
Following Data
Should be fed:
IEC; S/B No. &
Date; E-seal
No.; Date &
Time of Sealing;
Customs Port;
Container No.;
Trailer No.
Container
Moves to Dock.
Readers Provided
at the Port Reads
the Data
Customs
Clearance Subject
to RMS. Container
Seals Inspected. If
Un-Tampered “Let
Export” order given
Containers Move
to Designated
Terminal for
Loading on
Vessel
One Time Factory Stuffing Approval
Empty Container
Picked up from
CY & Transported
to Factory for
Stuffing
SN Panigrahi 72
Before
Commencement
of Movement of
Goods
Every
Registered
Person who
Causes
Movements of
Goods
•In Relation to
Supply or
•Reasons other
than Supply or
•Inward supply from
unregistered person
•Furnishing
Information
Relating to
Transaction in
Part A of Form
GST EWB-01
•Information
Relating to
Transport in
Part B of Form
GST EWB-01
Consignment
Value Exceeding
Rs. 50,000/-.
Timing Who How When
Consignment
value
To be declared in
Invoice, a bill of
supply or delivery
challan (Sec 15)
CGST
SGSTIGST 
Union territory
tax
Value of
Exempt
Supply and
GoodsSN Panigrahi
SN Panigrahi 74
Required
for Value
> Rs 50,000
Cargo to
Move Along
with E-Waybill
+ Other
Documents
Like Invoice
E-Waybill Not
Required in
Case of
E-Sealing /
Customs
Sealing
E-Waybill Not
Required
Transport of
Exempted
Goods
Import Duty Calculation
75
Arrival of Goods
& Filling of IGM
Filling of BE
In ICEGATE
Assessment of
BE by Appraisal
(System)
Payment of
Customs Duty
Physical
Examination as
Examination
order (RMS)
Release Order
Clearance of
Goods for Home
Consumption
Types
of Bill
of Entry
BE for Home
Consumption
BE for Ex-
Bond
Clearance
BE for
Warehousing
78
SNPanigrahi
Note : On Non-GST Items like 5 Petroleum Products + Liquor for Human Consumption
Import Duty Shall Continue as per Earlier
79
ICEGATE stands for
Indian Customs Electronic commerce
Gateway. It’s a e-commerce portal of
Central Board of Indirect Taxes & Customs.
https://www.icegate.gov.in/Webappl/
How to Calculate Import Duty
80
How to get Import Data
Step -1 : Visit
https://commerce-app.gov.in/eidb/ecomq.asp
Step – 2 : Select Specific Commodity (Insert 8 Digit HS)
Select Value : Rs (Or USD as ou Like) & Submit
After Submit You will Get Value of Import As Below
81
How to get Import Data
Step -3
Go back - Now Again @ the Same Site : https://commerce-app.gov.in/eidb/ecomq.asp
And with Same Specific Commodity (same 8 Digit HS)
Select Quantity (Instead of Value) as below & Submit
After Submit You will Get Quanity of Import As Below
82
How to get Import Data
Step -4
Now Divide Value of Import in Step 2 by Quantity of Import in Step 3
You will get Unit Value for that Import
This will be the most Authentic without any Cost
This Exercise can be done for any Specific Commodity or Group of Commodities at 2 Digit / 4 Digit /
6 Digit HS Level
SN Panigrahi 83
SN Panigrahi 84
The Central Government has notified the revised All
Industry Rates (AIRs) of Duty Drawback vide
Notification No. 95/2018-Customs (N.T.) dated 6.12.2018
which will come into force on 19.12.2018.
http://www.cbic.gov.in/resources//htdocs-cbec/customs/cs-
act/notifications/notfns-2018/cs-nt2018/csnt95-2018.pdf
SN Panigrahi 85
We are merchant exporters. We exported certain goods without GST payment
under letter of undertaking. Some of these were purchased on payment of excise
during pre-GST era and some after July 1, 2017 on payment of GST. On export of
these goods we have claimed duty drawback at higher composite rates for exports made
between July 1, 2017 and September 30, 2017. We have not claimed refund of unutilised
input tax credit. Is that OK?
As per CBEC Circular no. 22/2017-Cus dated June 30, 2017, the conditions imposed for
claiming composite rates aim to ensure that exporters do not claim composite AIRs of duty
drawback and simultaneously avail input tax credit of Central Goods and Services Tax (CGST),
or Integrated Goods and Services Tax (IGST) on export goods, or on inputs and input services
used in the manufacture of export goods, or claim refund of IGST paid on export goods. Further,
an exporter claiming composite rate shall also be barred from carrying forward Cenvat credit on
the export goods or on inputs or input services used in manufacture of export goods in terms of
the CGST Act, 2017. For all exports made with effect from July 1, 2017 for which higher rate of
drawback is claimed, exporters have to submit the self-declaration in the format given in CBEC
Circular no.32/2017-Cus dated July 27, 2017.
86
S.No Type Service Receiver Liner/Agent Transaction
Type
(INCOTERM)
Taxability
1 Ocean Freight –
Export of goods
In India In India CFR / CIF Service specific exemption up to Sep 2020
2 Ocean Freight –
Export of goods
In India Outside India CFR / CIF Service specific exemption up to Sep 2020
3 Ocean Freight –
Export of goods
Outside India In India FOB Export of service / if all the conditions not
satisfied, then service specific exemption
4 Ocean Freight –
Export of goods
Outside India Outside India FOB Not in the scope of GST
5 Ocean Freight –
Import of goods
In India In India FOB GST liability charged @ 5% under forward
charge
6 Ocean Freight –
Import of goods
In India Outside India FOB RCM liability to be discharged on freight paid by
the service receiver
7 Ocean Freight –
Import
Outside India In India CFR / CIF Export of service / If all the conditions not
Satisfied then GST liability charged @ 5% under
forward charge
8 Ocean Freight –
Import
Outside India Outside India CFR / CIF GST liability to be discharged by the importer
under RCM on Value of Freight. If Freight Value
is Not Known then by considering 10% of CIF
value as ocean freight
GST & Ocean Freight
Export & Import
87
#Introduction to International Trade#
https://www.slideshare.net/SNPanigrahiPMP/introduction-to-international-tradeby-sn-panigrahi
#How to Start an Export Import Business#
https://www.slideshare.net/SNPanigrahiPMP/how-to-start-an-export-import-business-by-sn-panigrahi
#How to Find Overseas Buyers#
https://www.slideshare.net/SNPanigrahiPMP/how-to-find-overseas-buyers-by-sn-panigrahi
#INCOTERM -2010#
https://www.slideshare.net/SNPanigrahiPMP/incoterm-2010-by-sn-panigrahi
#Merchant Exports – A Complete Analysis#
https://www.slideshare.net/SNPanigrahiPMP/merchant-exports-a-complete-analysis-by-sn-panigrahi
#Export & Import Management : A Complete Guide#
https://www.slideshare.net/SNPanigrahiPMP/export-import-management-a-complete-guide-by-sn-panigrahi
#Export Promotion Councils in India #
https://www.slideshare.net/SNPanigrahiPMP/export-promotion-council-by-sn-panigrahi
#Export Promotion Schemes#
https://www.slideshare.net/SNPanigrahiPMP/export-promotion-schemes-by-sn-panigrahi
#EPCG Scheme#
https://www.slideshare.net/SNPanigrahiPMP/epcg-scheme-by-sn-panigrahi
SN Panigrahi
88
#Goods Taken out of India for Exhibitions - Treatment under GST#
https://www.slideshare.net/SNPanigrahiPMP/goods-taken-out-of-india-for-exhibitions-treatment-
under-gst-by-sn-panigrahi
#What Where & How to Start Export Business#
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#GST Fundamentals for Export - Import# By SN Panigrahi

  • 3. 3 SN Panigrahi is a Versatile Practitioner, Strategist, Energetic Coach, Learning Enabler & Public Speaker. He is an International-Corporate Trainer, Mentor & Author He has diverse experience and expertise in Project Management, Contract Management, Supply Chain Management, Procurement, Strategic Sourcing, Global Sourcing, Logistics, Exports & Imports, Indirect Taxes – GST etc. He had done more than 150 Workshops on above Published more than 500 Articles; 60 YouTubes & more than 70 SlideShares He is an Engineer + MBA +PGD ISO 9000 / TQM with around 29 Yrs of Experience He is a certified PMP® from PMI (USA) and become PMI India Champion Also a Certified Lean Six Sigma Green Belt from Exemplar Global Trained in COD for 31/2 Yrs. on Strategy & Leadership GST Certified – MSME – Tech. Dev. Centre (Govt of India) ZED Consultant – Certified by QCI – MSME (Govt of India) Member Board of Studies, IIMM Co-Chairman, Indirect Tax Committee, FTAPCCI Empanelled Faculty in NI MSME He has shared his domain expertise in various forums as a speaker & presented a number of papers in various national and international public forums and received a number of awards for his writings and contribution to business thoughts. SN Panigrahi 9652571117 snpanigrahi1963@gmail.com Hyderabad
  • 5. 5 Establish an Organization Formal Setting up of Organization Obtain PAN & Open a Bank Account Obtain IEC & RCMC of EPC Register with GST & Customs AD Registration Selection of Product / Service Freely Exportable / Restricted / Prohibited? Any Restrictions in Importing Country? Study the Demand & Supply Trend; Competition Select the Product Considering Competitiveness Selection of Markets & Finding Buyers Which Country to go? Understand Market Business Trips and Market Research Find a Distributor, Agent, Wholesaler or Engage Representative Understand Level of Competition & Competitors Offerings Sending Offers, Negotiating & Getting Orders Receive Inquires Send Offers / Samples Negotiate Price & Other Terms Thoroughly Understand & Finalize Agreement & Get Formal Order Confirm Order if in Agreement & Receive Payment / DC / LC Execution of Orders / Export Source / Manufacture Required Goods Check Quality & Other Documentary Requirements Engage CHA / Forwarder for Customs, Port & Shipping Formalities Export & Get Shipping Documents After Export Post Export Formalities Delivery Intimation to Customer Submission of Shipping Documents to Bank Realization of Export Proceeds Lessons Learned Are you Ready for Export Business? Plan your Market Entry and Finalize the Right Agreements Order Fulfilment & Post Export FormalitiesSN Panigrahi Setting Up Business What to Export Where to Export Fulfilling Export Order How to Get Export Orders Payment Realization
  • 6. Establish an Organization & Register Your Business Establish an Organization Obtain PAN Open a Bank Account Obtaining RCMC from EPC / Commodity Boards Register with GST Obtain IEC from DGFT Register AD with Customs 1 1 Business Setup
  • 7. Multiple Taxes to Single Unified Tax System GST is a Multipoint Levy Tax & is a Value Added Tax GST is a Destination based Tax GST is a Dual Levy Tax - Concurrently Levied by both Center & State Seamless Input Tax Credit – Payment Mechanism Value of Supply Transaction Value Place of Supply To Determine Nature of Supply Time of Supply Point of Taxation Taxable Person – Registration Under GST Supply is the basis for Levy & Collection of GST GST
  • 8. CGST / IGST SGST Earlier 17 Taxes & and 23 Cesses Subsumed
  • 9. SN Panigrahi 9 Supplier Recipient Customer Basic Supply Value = Rs 100 GST @ 5 = Rs 5 Total Invoice Value = Rs 105 Supplier Pays to the Govt. GST Collected from Recipient Govt. GST Rs 5 Paid to Govt Inward Inv Value = Rs 105 Less ITC = Rs 5 Total Cost Value = Rs 100 Value Addition = Rs 50 Basic Supply Value=Rs 150 GST @ 5 =Rs 7.5 Total Inv Value =Rs 157.5 GST Paid is Taken as Credit Govt. GST Rs 7.5 Paid to Govt GST Payable to Govt. = Rs 7.5 Less Credit Taken = Rs 5 Net Tax Payable = Rs 2.5
  • 10. 10 S1 Cotton Yarn S2 Fabric S3 Garments FC CustomerBasic Supply Value = Rs 100 GST @ 5 = Rs 5 Total Invoice Value = Rs 105 Inward Inv Value = Rs 105 Less ITC = Rs 5 Total Cost Value = Rs 100 Value Addition = Rs 50 Basic Supply Value=Rs 150 GST @ 5 =Rs 7.5 Total Inv Value =Rs 157.5 Inward Inv Value = Rs 157.5 Less ITC = Rs 7.5 Total Cost Value = Rs 150 Value Addition = Rs 60 Basic Supply Value=Rs 210 GST @ 5 =Rs 10.5 Total Inv Value =Rs 220.5 Inv Value= Rs 220.5 Less ITC = Rs 0 Total Cost Value = Rs 220.5 Tax Paid = Rs 7.5 Less ITC = Rs 5 Net Tax Paid = Rs 2.5 Value Addition = Rs 50 GST on VA @5% = Rs 2.5 Net Tax Paid is Tax Paid on Value Addition. Therefore called Value Added Tax Net Tax Paid = Rs 5 + Net Tax Paid = Rs 2.5 + Net Tax Paid = Rs 3 = Total Tax = 10.5 Tax Paid = Rs 10.5 Less ITC = Rs 7.5 Net Tax Paid = Rs 3 Value Addition = Rs 60 GST on VA @5% = Rs 3 Credit of Tax Paid at Every Stage is Available as Setoff for Payment of Tax at Subsequent Stage C1 C2 SN Panigrahi 1. GST is a Mutli-Point Taxation 2. GST is a Value Added TAX 3. Seamless Credit is allowed as long as the Value Chain Continues with Furtherance of Business; 4. No Credit is allowed in case No Furtherance of Business or Exempted Supply
  • 11. Indirect taxes can be either origin based or destination based. Origin based tax (also known as production tax) is levied where goods or services are produced. Destination based tax (consumption tax) are levied where goods and services are consumed. GST is a Destination-based or Consumption-based Tax. Hence, the place of consumption will decide the State that will collect tax. The parody behind destination- based taxation is, the producing/selling state gets nothing while the consuming states receive complete share of revenue. SNPanigrahi Tax will go to Maharashtra Maharashtra 11
  • 12. Dual Levy Central Levy Union Territory Levy CGST UT GST State Levy SGST or IGST will be leviable on inter-state transactions 12 I GST Central Levy
  • 14. 14 Supply All form of Supplies for a consideration Section 7(1)(a) Even Some Specific Supplies Without Consideration Section 7(1)(c) – Schedule : I Clarifying Certain Activities Whether Goods or Services Section 7(1)(d) – Schedule : II Treated Neither as a Supply of Goods Nor a Supply of Services – Section 7(2) Schedule : III Sec 7 of CGST Act In the Course or Furtherance of Business Import of Services for a Consideration whether or not in the course or furtherance of business - Section 7(1)(b)  All forms of supply of goods and/or services  such as sale, transfer, barter, exchange, license, rental, lease or disposal  made or agreed to be made  for a consideration  by a person  in the course or furtherance of business, Involves Goods or Services or Both Supply includes
  • 16. 16 Combination of Supply Mixed Supply (Sec 2(74) of CGST Act) Composite Supply (Section 2(30) of CGST Act) Naturally Bundled ? & Made in Conjunction with One Another Yes No Rate Rate Rate Applicable on Principal Supply (Section 8(a) of CGST Act) Highest Rate Among All (Section 8(b) of CGST Act) SNPanigrahi Naturally Bundled and Supplied in Conjunction with each other Supply does not Constitute a 'Composite Supply'. Multiple Supplies Single Price
  • 17. 17 Classification Goods Services HSN Code SAC Code GST Rates for Goods SCHEDULE I: LIST OF GOODS AT NIL RATE SCHEDULE II: LIST OF GOODS AT 0.25% RATE SCHEDULE III: LIST OF GOODS AT 3% RATE SCHEDULE IV: LIST OF GOODS AT 5% RATE SCHEDULE V: LIST OF GOODS AT 12% RATE SCHEDULE VI: LIST OF GOODS AT 18% RATE SCHEDULE VII: LIST OF GOODS AT 28% RATE Compensation Cess applicable on Luxury & Demerit Items GST Rates for Services LIST OF SERVICES AT NIL RATE LIST OF SERVICES AT 5% RATE LIST OF SERVICES AT 12% RATE LIST OF SERVICES AT 18% RATE LIST OF SERVICES AT 28% RATE Compensation Cess applicable on Luxury & Demerit Items
  • 18. The Harmonized System (HS)  Multipurpose Goods Nomenclature  Basis for Customs Tariffs and Trade Statistics of 200 countries and economies  More than 98 % of World trade in terms of the HS  A universal economic language and code for transportable goods  Implemented internationally in 1988 by the HS  Convention (153 Contracting Parties by June 2015)  Maintained by WCO through the HS Committee  Nomenclature Sub-Directorate acts as Secretariat Used by :  Customs and statisticians  Governments  International organizations  Private sector
  • 19. SN Panigrahi 19 Description HSN No. BASMATI Rice 10063020 BROWN RAJMA 0713.33 00 URAD DAL 0713.31 00 CLOVES 9071010 CASHEW 0801.32.10 JAGGERY BLOCKS 1701.13.10 MULTIGRAIN ATTA 1102.90.90 Soya Bean 1201 10 00 STEAM STERILIZED CHILLY POWDER 0904.22.11 STEAM STERILIZED CHILLY FLAKES 0904 22 12 Soya Flour 1208.10.00
  • 20. 20
  • 21. Reverse Charge Mechanism (RCM) Notified Goods & Services Sec 9(3) of CGST Act Or Sec 5(3) of IGST Act Sec 9(4) of CGST Act Or Sec 5(4) of IGST Act Deferred w.e.f. 13-10-2017 till 30.09.2019 Notification No. 38/2017 – Central Tax (Rate); 13th Oct, 2017 & Notification No. 10/2018 – Central Tax (Rate); 23rd March, 2018 Notification No.12/2018 – Central Tax (Rate); 29th June, 2018 Notification No. 22/2018 – Central Tax (Rate); 6th August, 2018 Relaxed w.e.f. 1-07-2017 till 13-10-2017 Notification No. 08/2017 – Central Tax (Rate) dated 28-06-2017 No RCM on Intra-State Supplies Received from Un-Registered Supplier(s) for value not exceeding five thousand rupees in a day. No such exemption was granted under IGST act. Central Goods & Services Tax (Amendment) Act, 2018 (No 31 of 2018) -30th August 2018 Effective from 01-02- 2019 Notification No. 02/2019 – Central Tax dated 29-01-2019 Reverse Charge Supply from Un-registered Person Up to 30-01-2019 w..e.f 1-02-2019 Certain specified Categories of Goods or Services or both by Notified Classes of Registered Persons from Unregistered Suppliers Vide Notification No. 01/2019 – Central Tax (Rate) dated 29-01-2019, Central Government rescinds principle Notification No. 08/2017 – Central Tax (Rate) dated 28-06-2017 and consequently exemption provided till 30th September 2019 stands withdrawn.
  • 22. 22 Reverse Charge : Notified Goods & Services : Sec 9(3) Notified Goods Notification No. 04/2017- Central Tax (Rate) dated 28th June, 2017 Notification No. 36/2017- Central Tax (Rate) dated 13th October, 2017 Notification No. 43/2018- Central Tax (Rate) dated 14th November 2017 Notification No. 11/2018- Central Tax (Rate) dated 28th May, 2018 Notified Services Notification No. 13/2017- Central Tax (Rate) dated 28th June, 2017 Notification No. 33/2017- Central Tax (Rate) dated 13th October, 2017 Notification No. 03/2018- Central Tax (Rate) dated 25th January, 2018 Notification No. 15/2018- Central Tax (Rate) dated 26th July, 2018 Sec 9(3) of CGST Act : Reverse charge may be applicable in case of supply of notified goods or services or both. SN Panigrahi
  • 23. RCM for Services  Goods Transport Agency (GTA)  Services supplied by an individual advocate including a senior advocate by way of Representational services  Services supplied by an Arbitral Tribunal to a business entity  Services provided by way of Sponsorship to any body corporate or partnership firm.  Government or local authority  Services supplied by the Central Government, State Government, Union territory or local authority by way of renting of immovable property to a person registered under the Central Goods and Services Tax Act, 2017 (12 of 2017)  Services supplied by a Director of a Company or a body corporate to the said company or the body corporate Reverse Charge : Notified Services Notification No. 13/2017- Central Tax (Rates) DT:28.06.2017 As Amended vide Notification no 03/2018 Central tax (Rate) dated 25th January 2018 & 15/2018- Central Tax (Rate) ,dt. 26-07-2018; Notification No. 29/2018- Central Tax (Rate) Dated 31.12.2018.
  • 24. 24 GST on Import of Services Notification no 10/2017 Integrated Tax (Rate) dated 28th June 2017 u/s 5(3) of IGST Act, requires payment under RCM for: i) Any service supplied by any person who is located in a non-taxable territory to any person other than nontaxable online recipient. Thus, the import of services will fall under this category as supply of any service where the supplier is located outside India and the recipient is located in India, the place of supply of service will be in India. It may be noted that, Import of services by an Indian branch from their overseas branch, in the course or furtherance of business, even if without consideration, will be a supply due to provision contained in Schedule I of the CGST Act, 2017. RCM – Import Services
  • 25. SN Panigrahi 25 Sr. No Services Provider of service Recipient of Service 1 Taxable services provided or agreed to be provided by any person who is located in a non-taxable territory and received by any person located in the taxable territory other than non- assessees online recipient Online Information Data Base Access and Retrieval (OIDAR) Any person who is located in a non- taxable territory Any person located in the taxable territory other than non-assessee online recipient (Business Recipient) RCM – Import Services
  • 26. SN Panigrahi 26 Sr. No Services Provider of service Recipient of Service Services by way of transportation of goods by a vessel from a place outside India up to the customs station of clearance in India A person located in non-taxable territory to a person located in non-taxable territory Importer as defined under clause (26) of section 2 of the Customs Act, 1962. RCM – Import of Goods – Freight Paid by Overseas Supplier INCOTERM : CNF & CIF
  • 28. 28 Sec 22. (1) of CGST Act : Every supplier who makes a taxable supply and whose aggregate turnover in a financial year exceeds twenty lakh rupees need to be Registered under GST. SNPanigrahi Structure of Registration Number State Code PAN 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Entity Code Blank Check Digit (Logical Code) Each taxpayer will be allotted a state wise PAN-based 15-digit Goods and Services Taxpayer Identification Number (GSTIN) Various digits in GSTIN will denote the following : State Code as defined under the Indian Census - 2011 Multiple Places of business Alpha-numeric (1-9 and then A-Z) and would be assigned depending on the number of registrations a legal entity (having the same PAN) has within one state. For Future Use 10 Digit PAN
  • 30. Definition of Export Export of Services Section 2 (6) of IGST Act, 2017 : (i) The Service Provider is situated in India; (ii) The Recipient of Service is situated Outside India; (iii) The Place of Supply of that service is also Outside India; (iv) The Payment for such service has been received by the supplier of service in Convertible Foreign Exchange or in Indian rupees wherever Permitted by the Reserve Bank of India; and (v) The supplier of service and the recipient of service are Not Merely Establishments of a Distinct Person in accordance with Explanation 1 in section 8; . Export of Goods Section 2 (5) of IGST Act, 2017 : “Taking Goods out of India to a place outside India” Explanation.––For the purposes of this Act, where a person has,–– (i) an establishment in India and any other establishment outside India; (ii) an establishment in a State or Union territory and any other establishment outside that State or Union territory; or (iii) an establishment in a State or Union territory and any other establishment being a business vertical registered within that State or Union territory, then such establishments shall be treated as establishments of distinct persons.
  • 31. Export Services Goods Section 2 (5) of IGST Act, 2017 : taking out of India to a place outside India. Section 2 (6) of IGST Act, 2017 : 1.Supplier - located in India; 2. Recipient - located outside India; 3.Place of supply of service is outside India; 4.Payment received in convertible foreign exchange or in Indian rupees wherever Permitted by the Reserve Bank of India; and 5.Supplier and Recipient of service are not merely establishments of a distinct person Sec 7(5) of IGST Act, 2017 : Supply of goods or services or both,–– (a) when the supplier is located in India and the place of supply is outside India; (b) to or by a Special Economic Zone developer or a Special Economic Zone unit; or (c) in the taxable territory, not being an intra-State supply and not covered elsewhere in this section, shall be treated to be a supply of goods or services or both in the course of inter-State trade or commerce.
  • 32. SN Panigrahi 32 Sec 7(5) of IGST Act, 2017 : Supplies Either Goods or Services or Both Supplier in India Place of Supply Outside India Treated as Inter-State Supply Treated as Inter-State SupplySec 7(5)(a) Sec 7(5)(b) Sec 7(5)(c) : Residual Provision : Those in the taxable territory, not being an intra-State supply and not covered elsewhere in this section Outside SEZ
  • 33. 33 Sec 7(4) of IGST Act, 2017 Sec 7(2) of IGST Act, 2017 Sec 7(5) of IGST Act, 2017 Export or Import of Goods or Services Treated as Inter-State Transaction Exporter / Importer Need to Register Compulsorily Sec 24 of CGST Act IGST Applicable
  • 34. 34 Sec 2(23) of IGST Act: “zero-rated supply” shall have the meaning assigned to it in section 16; Sec 16. (1) of IGST Act : “zero rated supply” means any of the following supplies of goods or services or both, namely:–– (a) export of goods or services or both; or (b) supply of goods or services or both to a Special Economic Zone developer or a Special Economic Zone unit. Zero Rated Supply Supply of Goods or Services To SEZ / SEZ Dev. Export of Goods or Services
  • 35. SN Panigrahi 35 As per Section 54(3) of the CGST Act, 2017, any unutilised input tax credit in zero rated supplies can be refunded, wherever such supplies are made by using the option of Bond/ LUT. The difference between zero rated supplies and exempted supplies is tabulated as below: Exempted Supplies Zero rated Supplies “exempt supply” means supply of any goods or services or both which attracts nil rate of tax or which may be wholly exempt from tax under section 11 of CGST Act orunder section 6 of the IGST Act, and includes non-taxable supply “zero-rated supply” shall have the meaningassigned to it in section 16 No tax on the outward exempted supplies, however, the input supplies used for making exempt supplies to be taxed No tax on the outward supplies; Input suppliesalso to be tax free Credit of input tax needs to be reversed, if taken; No ITC on the exempted supplies Credit of input tax may be availed for makingzero-rated supplies, even if such supply is anexempt supply ITC allowed on zerorated supplies Value of exempt supplies, forapportionment of ITC, shall include supplies on which the recipient is liable to pay tax on reverse charge basis, transactions in securities, sale of land and,subject to clause (b) of paragraph 5 of Schedule II, sale of building. Value of zero rated supplies shall be added along with the taxable supplies for apportionment of ITC (Input Tax Credit) Any person engaged exclusively in the business of supplying goods or services or both that are not liable to tax or wholly exempt from tax under the CGST or IGST Act shall not be liable to registration A person exclusively making zero rated supplies may have to register as refunds of unutilised ITC or integrated tax paid shall have to be claimed A registered person supplying exempted goods or services or both shall issue, instead of a tax invoice, a bill of supply Normal tax invoice shall be issued
  • 36. 36 Sec 16. (2) of IGST Act : Subject to the provisions of sub-section (5) of section 17 of the Central Goods and Services Tax Act, credit of input tax may be availed for making zero-rated supplies, notwithstanding that such supply may be an exempt supply. Zero Rated Supply: Export / Supplies to SEZ Taxable Supply ITC Allowed Exempt Supply OR
  • 38. 38 Sec 16. (3) of IGST Act : A registered person making zero rated supply shall be eligible to claim refund under either of the following options, namely:–– a) he may supply goods or services or both under bond or Letter of Undertaking, subject to such conditions, safeguards and procedure as may be prescribed, without payment of integrated tax and claim refund of unutilised input tax credit; or b) he may supply goods or services or both, subject to such conditions, safeguards and procedure as may be prescribed, on payment of integrated tax and claim refund of such tax paid on goods or services or both supplied, in accordance with the provisions of section 54 of the Central Goods and Services Tax Act or the rules made thereunder. Export / Supplies to SEZ / SEZ Dev. Without Payment of Tax Under Bond / LUT FORM GST RFD-11 With Payment of IGST Refund of ITC Refund of IGST Option - 1 Option - 2 Sec 16. (3)(a) Sec 16. (3)(b)
  • 39. All registered persons who intend to supply goods or services for export without payment of integrated tax shall be eligible to furnish a Letter of Undertaking in place of a bond except those who have been prosecuted for any offence under the Central Goods and Services Tax Act, 2017 (12 of 2017) or the Integrated Goods and Services Tax Act, 2017 (13 of 2017) or any of the existing laws in force in a case where the amount of tax evaded exceeds two hundred and fifty lakh rupees; Notification No. 37 /2017 – Central Tax, 4th October, 2017 39 All Registered Persons Eligible to Furnish LUT Export Supplies to SEZ Dev. / SEZ Intended for Who is Not Prosecuted where the Amount of Tax Evaded > Rs 250 L Supplies to EOU not Treated as Zero Rated Supply. Therefore not Eligible for LUT LUT Valid for the Whole Financial Year in which it is tendered. Zero Rated Supply
  • 40. 40 Exporter Without Payment of Tax Under Bond / LUT FORM GST RFD-11 With Payment of IGST Payment of IGST Refund of ITC Refund of IGST Option - 1 Option - 2 Sec 16. (3)(a) Sec 16. (3)(b) Separate Application In RFD -01A No Separate Application S/B Treated as Application Separate Application In RFD - 01A Export of Goods Export of Services / Supplies to SEZ Circular No. 17/17/2017- GST dated 15.11.2017 and Circular no. 24/24/2017-GST dated 21.12.2017 Zero Rated Supply Export / Supplies to SEZ / SEZ Dev. ITC Allowed ITC Allowed Accumulated ITC can be Claimed as Refund Credit Ledger Debited to the Extent of Refund Claimed ITC Utilized towards Payment of IGST SNPanigrahi GST Paid Inward Supply
  • 41. SN Panigrahi 41 Commercial Documents To discharge respective Legal and other incidental Responsibilities under Sales Contract. Regulatory Documents These are prescribed by various Government Departments / Bodies for compliance of formalities under relevant Laws Governing Transactions in Exporting Country & Importing Country. Documents Required by Exporting Country Documents Required by Importing Country Export Assistance Documents These are the documents which are required for claiming assistance under the various Export Assistance / Promotion Measures
  • 42. 42 MANDATORY DOCUMENTS FOR EXPORT & IMPORT S. No. EXPORTS IMPORTS 1 Bill of Lading/ Airway Bill Bill of Lading/ Airway Bill 2 Commercial Invoice cum Packing List Commercial Invoice cum Packing List 3 Shipping Bill/ Bill of Export Bill of Entry MANDATORY DOCUMENTS LISTED BY WORLD BANK IN DOING BUSINESS REPORT 2015 S. No. EXPORTS IMPORTS 1 Shipping Bill Bill of Entry 2 Commercial Invoice Commercial invoice 3 Packing List Packing List 4 Bill of Lading Bill of Lading 5 Foreign Exchange Control Form (SDF) Foreign Exchange Control Form (Form A-1) 6 Terminal Handling Receipt Terminal Handling Receipt 7 Technical Standard Certificate Certified Engineer's Report 8 Cargo Release Order 9 Product manual 10 Inspection report DGFT NOTIFICATION No.08/2015-2020 Dated 4 th June, 2015
  • 43. 43 Principal Documents Commercial Invoice Packing List Bill of Lading / Airway Bill Certificate Inspection Certificate of Origin Bill of Exchange Shipping Advice Insurance Certificate Auxiliary Documents Proforma Invoice Intimation for Inspection Shipping Instructions Insurance Declaration Application for Certificate of Origin Mate’s Receipt Letter to Bank for Collection Shipping Order
  • 44. 44Export Tax Invoive (Under Sec 31 of CGST Act; Rule 46) SUPPLY MEANT FOR EXPORT/SUPPLY TO SEZ UNIT OR SEZ DEVELOPER FOR AUTHORISED OPERATIONS ON PAYMENT OF INTEGRATED TAX” Or “SUPPLY MEANT FOR EXPORT/SUPPLY TO SEZ UNIT OR SEZ DEVELOPER FOR AUTHORISED OPERATIONS UNDER BOND OR LETTER OF UNDERTAKING WITHOUT PAYMENT OF INTEGRATED TAX” Exporter / Consignor / Beneficiary Name & Address GSTIN : Invoice No. & Date Exporters Ref. / Sales Contract Buyers Order No. & Date Other Reference(s) Importer / Consignee Buyer (if other than Consignee) Notify Party Name and Address of the Other Party Involved other than Buyer Pre-Carriage by: Place of Receipt by Pre-Carriage: Country of Origin: Port Code : Country of Final Destination Vessel / Flight Details Port of Loading Terms of Delivery : Payment Terms : L/C No. & Date : Usance : Port of Discharge Final Destination Marks & Nos No. & Kind of Pkgs Description of Goods HSN Code Qty UoM Foreign Currency Indian Currency Price Value Price Value Container No. Discount Taxable Value (FOB) GST Rate GST Amount Exchange Rate : Total LUT No. & Date Bank Details Grand Total Amount Chargable (Rs in Words) For Place Date Authorised Signatory
  • 45. 45 Provided also that in the case of the export of goods or services, the invoice shall carry an endorsement “SUPPLY MEANT FOR EXPORT/SUPPLY TO SEZ UNIT OR SEZ DEVELOPER FOR AUTHORISED OPERATIONS ON PAYMENT OF INTEGRATED TAX” or “SUPPLY MEANT FOR EXPORT/SUPPLY TO SEZ UNIT OR SEZ DEVELOPER FOR AUTHORISED OPERATIONS UNDER BOND OR LETTER OF UNDERTAKING WITHOUT PAYMENT OF INTEGRATED TAX”, as the case may be, and shall, in lieu of the details specified in clause (e), contain the following details, namely,- (i) name and address of the recipient; (ii) address of delivery; and (iii) name of the country of destination Tax Invoice – Export Rule 46
  • 47. 47 Registered Merchant Exporter Registered Supplier Intra-State Supply 0.05% CGST + 0.05% SGST (OR) Inter-State Supply 0.1% IGSTPhysical Movement of Goods Export within 90 Days From Tax Invoice of Supplier Indicate in S/B – 1. Suppliers GSTIN 2. Suppliers Invoice No. & Date Port / ICD / Airport LCS Registered Warehouse (OR) Aggregate Supplies from Multiple Registered Suppliers Merchant Exporter Procuring from Domestic Supplier Notification No. 40/2017-Central Tax (Rate), 23rd October, 2017 Notification No. 41/2017--Integrated Tax (Rate), 23rd October, 2017c Registered with an Export Promotion Council or a Commodity Board w.e.f 23rd October, 2017 Warehouse to Port In a Major Relief to the Merchant Exporters, Partial Exemption of GST was Provided on Procurement from Domestic Suppliers, w.e.f 23rd October, 2017 Tax Invoice
  • 48. 48 Registered Merchant Exporter Registered Supplier Jurisdictional Tax Officer 1. Purchase Order Placed 2. Copy of Purchase Order 5. After Export Copy of S/B or Bill of Export + Proof of EGM / Export Report 6. After Export Copy of S/B or Bill of Export + Proof of EGM / Export Report 7. Supplier Shall not be Eligible for the Tax Exemption if the Registered Recipient fails to Export the said goods within a period of 90 Days from the date of issue of Tax Invoice. Merchant Exporter Procuring from Domestic Supplier Notification No. 40/2017-Central Tax (Rate), 23rd October, 2017 Notification No. 41/2017--Integrated Tax (Rate), 23rd October, 2017 4.Exports Made Within 90 Days 3. Supplies Made with GST Payment – Rate 0.1% 8. Supplier to Pay Differential GST amount in case Merchant Exporter Fails to Export within 90 Days
  • 49. SN Panigrahi 49 According to Notification No. 40/2017-Central Tax (Rate), 23rd October, 2017 and Notification No. 41/2017-- Integrated Tax (Rate), 23rd October, 2017, notification No. 3/2018-Central Tax, dated 23.01.2018 and Circular No. 37/11/2018-GST; Dated the 15th March, 2018 the benefit of procuring at Concessional Rate of 0.1% allowed to Merchant Exporters subject to condition that the Merchant Exporter of such goods can Export the goods only under LUT / bond and cannot export on payment of integrated tax per Rule 96(10) of the CGST Rules. Registered Merchant Exporter Registered Supplier (OR) Inter-State Supply 0.1% IGST Supply Tax Invoice Export Without Payment of Tax under LUT / Bond Intra-State Supply 0.05% CGST + 0.05% SGST Export With Payment of IGST Claim ITC Refund This Option Not Available Sec 16. (3)(a) of IGST Act Sec 16. (3)(b) of IGST Act
  • 51. 51 Chapter -1: LEGAL FRAMEWORK AND TRADE FACILITATION Chapter 2 : GENERAL PROVISIONS REGARDING IMPORTS AND EXPORTS Chapter 3 : EXPORTS FROM INDIA SCHEMES Chapter 4 : DUTY EXEMPTION / REMISSION SCHEMES Chapter 5 : EXPORT PROMOTION CAPITAL GOODS (EPCG) SCHEME Chapter 6 : EOUs, EHTPS, STPS & BIO-TECHNOLOGY PARKS (BTPS) Chapter 7 : DEEMED EXPORTS Chapter 8 : QUALITY COMPLAINTS AND TRADE DISPUTES Chapter 9 : DEFINITIONS Chapter 7A : TRANSPORT AND MARKETING ASSISTANCE (TMA)
  • 52. SN Panigrahi 52 ITC-HS Codes Schedules Schedule – I ITC(HS) Import Schedule – II ITC(HS) Export Divided into 21 Sections and each section is further divided into chapters. The Total 98 Number of Chapters in the schedule I Contain 97 Chapters giving all the details about the guidelines related to the export policies. ITC-HS Codes or better known as Indian Trade Clarification based on Harmonized System of Coding was adopted in India for import-export operations. Indian custom uses an eight digit ITC-HS Codes
  • 53. 53 The item wise export and import policy shall be, as specified in ITC(HS) published and notified by Director General of Foreign Trade which Specifies Conditions according to which any goods are allowed for Export or Import. Schedule 1 of ITC (HS) Provides for Import and Schedule 2 of ITC (HS) Provides for Export • These Items can’t be Exported / Imported at all. • Allowed only through Designated State Trading Enterprises like STC; MMTC • Must get Authorization Explicitly Permitting such Goods • No Permission Required Freely Allowed Restricted Items Prohibited Items Channelized Items ITC (HS)
  • 54. SN Panigrahi 54 Trade Agreements Countries that want to increase international trade negotiate free trade agreements. Here are the most important India trade agreements: Preferential Trade Agreement (PTA): In a PTA, two or more partners agree to reduce tariffs on agreed number of tariff lines. The list of products on which the partners agree to reduce duty is called positive list. India MERCOSUR PTA is such an example. However, in general PTAs do not cover substantially all trade Free Trade Agreement (FTA) : In FTAs, tariffs on items covering substantial bilateral trade are eliminated between the partner countries; however each maintains individual tariff structure for non-members. India Sri Lanka FTA is an example. Difference Between PTA & FTA: The key difference between an FTA and a PTA is that while in a PTA there is a positive list of products on which duty is to be reduced; in an FTA there is a negative list on which duty is not reduced or eliminated. Thus, compared to a PTA, FTAs are generally more ambitious in coverage of tariff lines (products) on which duty is to be reduced.
  • 55. SN Panigrahi 55 Comprehensive Economic Cooperation Agreement (CECA) and Comprehensive Economic Partnership Agreement (CEPA): These terms describe agreements which consist of an integrated package on goods, services and investment along with other areas including IPR, competition etc. The India Korea CEPA is one such example and it covers a broad range of other areas like trade facilitation and customs cooperation, investment, competition, IPR etc. Custom Union: In a Customs union, partner countries may decide to trade at zero duty among themselves, however they maintain common tariffs against rest of the world. An example is Southern African Customs Union (SACU) amongst South Africa, Lesotho, Namibia, Botswana and Swaziland. European Union is also an outstanding example. Common Market: Integration provided by a Common market is one step deeper than that by a Customs Union. A common market is a Customs Union with provisions to facilitate free movements of labour and capital, harmonize technical standards across members etc. European Common Market is an example. Economic Union: Economic Union is a Common Market extended through further harmonization of fiscal/monetary policies and shared executive, judicial & legislative institutions. European Union (EU) is an example.
  • 57. SN Panigrahi 57 1 APTA Asia Pacific Trade Agreement 5 Bangladesh, China, India, Republic of Korea, Sri Lanka PTA 2 India ASEAN TIG India ASEAN Trade in Goods Agreement 11 Brunei, Cambodia, Indonesia, Laos, Malaysia, Myanmar, Philippines, Singapore, Thailand, Vietnam and India FTA 3 BIMSTEC Bangladesh, India, Myanmar, Sri Lanka, Thailand Economic Cooperation 7 Bangladesh, India, Myanmar, Sri Lanka, Thailand, Bhutan and Nepal. Under negotiations 4 GSTP Global System of Trade Preference
  • 58. 58 Receipt of Enquiry & Sending Offers Receipt of Export Order or Indent Assessing Credit Worthiness of Customer Verifying whether the Export order is in Line & Accepting if in Order Obtaining Pre-Shipment Finance & Obtaining Export Licenses / Authorizations Receiving Advance Payments or L/C etc Arranging / Sourcing / Manufacturing Required Goods Getting Goods Ready with Proper Packing & Marking Appointing / Engaging CHA / Forwarder Arranging Pre-Shipment Inspection if Required Reservation of Shipping Space Preparing Necessary Documents - Dispatch of Goods & Arranging Insurance Receipt of Goods in the Port & Customs Clearance Obtaining S/B & Bill of Lading / Air Waybill Negotiating the Documents in the Bank Realizing the Export Proceedings
  • 59. 59 Sampling Providing customized samples as per the demands of Foreign buyers help in getting export orders. As per FTP 2015-2020, exports of bonafide trade and technical samples of freely exportable items shall be allowed without any limit. Denomination of Exports Contracts All Export Contracts and Invoices shall be Denominated either in Freely Convertible Currency or Indian Rupees but the Export Proceeds shall be Realized in Freely Convertible Currency Except as Permitted by RBI. Pricing/Costing The price should be worked out taking into consideration all expenses from sampling to realization of export proceeds on the basis of terms of sale i.e. Free on Board (FOB), Cost, Insurance & Freight (CIF), Cost & Freight(C&F), etc. Goal of establishing export costing should be to sell maximum quantity at competitive price with maximum profit margin. Payment Term Deciding on the best payment term (L/C,DA, DP etc) as given in chart. Customs House Agents Exporters may avail services of Customs House Agents licensed by the Commissioner of Customs. They are professionals and facilitate work connected with clearance of cargo from Customs. Mandatory documents for export of goods from India 1. Bill of Lading/Airway Bill/ Lorry Receipt/ Railway Receipt/Postal Receipt. 2. Commercial Invoice cum Packing List 3. Shipping Bill/Bill of Export (In specific cases of export or import, the regulatory authority concerned may electronically or in writing seek additional documents)
  • 60. 60 Customs Procedure No goods can be exported without clearance of export consignment by customs which issues the Let Export Order after filing of shipping bill. Submission of Export Documents To Bank Within 21 days from the date of export, exporter should lodge the copy of EDF together with relative shipping documents and an extra copy of the invoice with the Banks. In cases, where exporters present documents pertaining to exports after the prescribed period of 21 days from date of export, Banks may handle them without prior approval of the Reserve Bank, provided they are satisfied with the reasons for the delay.
  • 61. 61 Mode of Payment of export The amount representing the full export value of the goods exported shall be received through a Bank in the manner specified in the Foreign Exchange Management (Manner of Receipt & Payment) Regulations, 2000 in the following manner: · Bank draft, pay order, Banker’s or personal cheques. · Foreign currency notes/foreign currency travelers cheques from the buyer during his visit to India. · Payment out of funds held in the FCNR/NRE account maintained by the buyer · International Credit Cards of the buyer. Note: When payment for goods sold to overseas buyers during their visits is received in this manner, EDF (duplicate) should be released by the Banks onl y on receipt of funds in their Nostro account or if the Bank concerned is not the Credit Card servicing Bank, on production of a certificate by the exporter from the Credit Card servicing Bank in India to the effect that it has received the equivalent amount in foreign exchange, Banks may also receive payment for exports made out of India by debit to the credit card of an importer where the reimbursement from the card issuing Bank/ organisation will be received in foreign exchange. Realization of Export Proceeds As per FTP 2015-2020, all export contracts and invoices shall be denominated either in freely convertible currency of Indian rupees, but export proceeds should be realized in freely convertible currency except for export to Iran. Export proceeds should be realized in 9 months.
  • 62. 62 Chapter 3 of FTP EXPORTS FROM INDIA SCHEMES Objectives To offset infrastructural inefficiencies and associated costs involved in export of goods/products, which are produced/ manufactured in India, especially those having high export intensity, employment potential and thereby enhancing India’s export competitiveness Incentive Duty Scrips are issued for Value Ranging from 2 - 7% of FOB Value of Exports as per Para 3.02 of FTP. Two Schemes Merchandise Exports from India Scheme (MEIS) Service Exports from India Scheme (SEIS) For Notified Goods / Products X Markets APPENDIX -3B of HB For Notified Services APPENDIX- 3D of HB Own Imports Offset Towards Customs Duty Transfer Exempted from GST Options1 2 For Goods For Services
  • 63. SN Panigrahi 63 How to Find MEIS Rates http://dgftcom.nic.in/licasp/MEIS/MEIS2016.asp Appendix 3B-MEIS Schedule http://worldtradescanner.com/MEISApp3BTable2.pdf
  • 64. 64 Chapter 4 of FTP DUTY EXEMPTION / REMISSION SCHEMES Objectives Schemes under this Chapter enable duty free import of inputs for export production, including replenishment of inputs or duty remission. Duty Exemption Issued to allow duty free import of input, which is physically incorporated in export product (making normal allowance for wastage). In addition, fuel, oil, catalyst which is consumed / utilized in the process of production of export product, may also be allowed. Two Schemes Issued based on SION Advance Authorization Scheme Para 4.03 of FTP Actual User Condition Duty Free Import Authorization Scheme (DFIA) Para 4.25 of FTP Transferable Import : Customs Duty + GST Exempted Import Validity : 12 Months Export Obligation (EO) Min. 15% or As Prescribed to be Fulfilled over a Period of 18 Months Import : Exempted Basic Customs Duty only Import Validity : 12 Months Export Obligation (EO) Min. 20% or As Prescribed to be Fulfilled over a Period of 12 Months
  • 65. 65 Chapter 5 of FTP Export Promotion Capital Goods (EPCG) Scheme Objectives The objective of the EPCG Scheme is to facilitate import of capital goods for producing quality goods and services and enhance India’s manufacturing competitiveness. Duty Exemption EPCG Scheme allows import of capital goods (except those specified in negative list in Appendix 5 F) for pre-production, production and post-production at zero customs duty. Two Options Import Validity : 24 months from the date of issue of Authorisation. No Revalidation permitted. Customs Duty + GST Exempted Domestic Procurement Supplies are Treated as Deemed Exports. GST First Payable, then can be Claimed as Refund Actual User Condition Imported CG shall be subject to Actual User condition till export obligation is completed and EODC is granted. Export Obligation 6 times of Duties, Taxes and Cess saved To be fulfilled in 6 years reckoned from date of issue of Authorisation. Conditions & Export Obligation
  • 66. 66 Chapter 6 of FTP EOUs, EHTPS, STPS & BTPS Objectives To promote exports, enhance foreign exchange arnings, attract investment for export production and employment generation. Units undertaking to export their entire production of goods and services(except permissible sales in DTA), may be set up under the Export Oriented Unit (EOU) Scheme, Electronics Hardware Technology Park (EHTP) Scheme, Software Technology Park(STP) Scheme or Bio-Technology Park (BTP) Scheme for manufacture of Goods. Export Export their Entire Production of goods and services (except permissible sales in DTA) May export all kinds of goods and services except items that are prohibited in ITC (HS). Import Allowed all types of goods, including capital goods, provided they are not prohibited items The imports and / or procurement from bonded Warehouse: Without Payment of BCD, CVD, SAD. IGST / Compensation Cess Exempted only upto 31-03-2020 Procurement from DTA Goods covered under GST : On Payment of Applicable GST and Compensation Cess (No Exemption). Supplies from DTA are Treated as Deemed Exports & Refund is Allowed Trading units are not covered under these schemes.
  • 67. Register @ Customs IEC & AD Register @ Customs Export Promotion Schemes Filing of Declaration in EDI By Exporter / CHA Checklist is Generated for Verification Data is Submitted to the System by the Service Center Operator System Generates a Shipping Bill No. Generation of Shipping Bills; Bill of Lading Customs Examination of Export Cargo & Allow Let Export System Appraisal of Shipping Bills RMS Arrival of Goods at Docks Customs Registration Processing of Shipping Bill ProcessingofShippingBill
  • 68. Types of Shipping Bill Free Shipping Bill Dutiable Shipping Bill Drawback Shipping Bill Shipping bill for Shipment Ex-Bond Coastal Shipping Bill Shipping Bill/ Bill of Export is the main document required by the Customs Authority for allowing shipment. There are following Types of Shipping Bills:
  • 69. NumberofCopiesof ShippingBill Customs Copy Exporter's Copy Exchange Control Copy Export Promotion Copy The customs authorities endorse the duplicate copy of the shipping bill with "Let Export Order" and "Let Ship Order". After the clearance or customs, exporter can load the goods on ship. Generated After “Let Export Order” is Generated Optional - Generated after submission of EGM
  • 70. Circular No. 26/2017-Customs, dated the 1st July, 2017 SN Panigrahi
  • 71. Purchase of RFID Embedded E- Seals from the Authorized Vendors Intimation to Concerned Authorities when self-sealing is carried out Declare Serial Number of e- seal in S/B Feed Data in the e-seal through web based module Provided by the Vendor Following Data Should be fed: IEC; S/B No. & Date; E-seal No.; Date & Time of Sealing; Customs Port; Container No.; Trailer No. Container Moves to Dock. Readers Provided at the Port Reads the Data Customs Clearance Subject to RMS. Container Seals Inspected. If Un-Tampered “Let Export” order given Containers Move to Designated Terminal for Loading on Vessel One Time Factory Stuffing Approval Empty Container Picked up from CY & Transported to Factory for Stuffing
  • 73. Before Commencement of Movement of Goods Every Registered Person who Causes Movements of Goods •In Relation to Supply or •Reasons other than Supply or •Inward supply from unregistered person •Furnishing Information Relating to Transaction in Part A of Form GST EWB-01 •Information Relating to Transport in Part B of Form GST EWB-01 Consignment Value Exceeding Rs. 50,000/-. Timing Who How When Consignment value To be declared in Invoice, a bill of supply or delivery challan (Sec 15) CGST SGSTIGST Union territory tax Value of Exempt Supply and GoodsSN Panigrahi
  • 74. SN Panigrahi 74 Required for Value > Rs 50,000 Cargo to Move Along with E-Waybill + Other Documents Like Invoice E-Waybill Not Required in Case of E-Sealing / Customs Sealing E-Waybill Not Required Transport of Exempted Goods
  • 76. Arrival of Goods & Filling of IGM Filling of BE In ICEGATE Assessment of BE by Appraisal (System) Payment of Customs Duty Physical Examination as Examination order (RMS) Release Order Clearance of Goods for Home Consumption
  • 77. Types of Bill of Entry BE for Home Consumption BE for Ex- Bond Clearance BE for Warehousing
  • 78. 78 SNPanigrahi Note : On Non-GST Items like 5 Petroleum Products + Liquor for Human Consumption Import Duty Shall Continue as per Earlier
  • 79. 79 ICEGATE stands for Indian Customs Electronic commerce Gateway. It’s a e-commerce portal of Central Board of Indirect Taxes & Customs. https://www.icegate.gov.in/Webappl/ How to Calculate Import Duty
  • 80. 80 How to get Import Data Step -1 : Visit https://commerce-app.gov.in/eidb/ecomq.asp Step – 2 : Select Specific Commodity (Insert 8 Digit HS) Select Value : Rs (Or USD as ou Like) & Submit After Submit You will Get Value of Import As Below
  • 81. 81 How to get Import Data Step -3 Go back - Now Again @ the Same Site : https://commerce-app.gov.in/eidb/ecomq.asp And with Same Specific Commodity (same 8 Digit HS) Select Quantity (Instead of Value) as below & Submit After Submit You will Get Quanity of Import As Below
  • 82. 82 How to get Import Data Step -4 Now Divide Value of Import in Step 2 by Quantity of Import in Step 3 You will get Unit Value for that Import This will be the most Authentic without any Cost This Exercise can be done for any Specific Commodity or Group of Commodities at 2 Digit / 4 Digit / 6 Digit HS Level
  • 84. SN Panigrahi 84 The Central Government has notified the revised All Industry Rates (AIRs) of Duty Drawback vide Notification No. 95/2018-Customs (N.T.) dated 6.12.2018 which will come into force on 19.12.2018. http://www.cbic.gov.in/resources//htdocs-cbec/customs/cs- act/notifications/notfns-2018/cs-nt2018/csnt95-2018.pdf
  • 85. SN Panigrahi 85 We are merchant exporters. We exported certain goods without GST payment under letter of undertaking. Some of these were purchased on payment of excise during pre-GST era and some after July 1, 2017 on payment of GST. On export of these goods we have claimed duty drawback at higher composite rates for exports made between July 1, 2017 and September 30, 2017. We have not claimed refund of unutilised input tax credit. Is that OK? As per CBEC Circular no. 22/2017-Cus dated June 30, 2017, the conditions imposed for claiming composite rates aim to ensure that exporters do not claim composite AIRs of duty drawback and simultaneously avail input tax credit of Central Goods and Services Tax (CGST), or Integrated Goods and Services Tax (IGST) on export goods, or on inputs and input services used in the manufacture of export goods, or claim refund of IGST paid on export goods. Further, an exporter claiming composite rate shall also be barred from carrying forward Cenvat credit on the export goods or on inputs or input services used in manufacture of export goods in terms of the CGST Act, 2017. For all exports made with effect from July 1, 2017 for which higher rate of drawback is claimed, exporters have to submit the self-declaration in the format given in CBEC Circular no.32/2017-Cus dated July 27, 2017.
  • 86. 86 S.No Type Service Receiver Liner/Agent Transaction Type (INCOTERM) Taxability 1 Ocean Freight – Export of goods In India In India CFR / CIF Service specific exemption up to Sep 2020 2 Ocean Freight – Export of goods In India Outside India CFR / CIF Service specific exemption up to Sep 2020 3 Ocean Freight – Export of goods Outside India In India FOB Export of service / if all the conditions not satisfied, then service specific exemption 4 Ocean Freight – Export of goods Outside India Outside India FOB Not in the scope of GST 5 Ocean Freight – Import of goods In India In India FOB GST liability charged @ 5% under forward charge 6 Ocean Freight – Import of goods In India Outside India FOB RCM liability to be discharged on freight paid by the service receiver 7 Ocean Freight – Import Outside India In India CFR / CIF Export of service / If all the conditions not Satisfied then GST liability charged @ 5% under forward charge 8 Ocean Freight – Import Outside India Outside India CFR / CIF GST liability to be discharged by the importer under RCM on Value of Freight. If Freight Value is Not Known then by considering 10% of CIF value as ocean freight GST & Ocean Freight Export & Import
  • 87. 87 #Introduction to International Trade# https://www.slideshare.net/SNPanigrahiPMP/introduction-to-international-tradeby-sn-panigrahi #How to Start an Export Import Business# https://www.slideshare.net/SNPanigrahiPMP/how-to-start-an-export-import-business-by-sn-panigrahi #How to Find Overseas Buyers# https://www.slideshare.net/SNPanigrahiPMP/how-to-find-overseas-buyers-by-sn-panigrahi #INCOTERM -2010# https://www.slideshare.net/SNPanigrahiPMP/incoterm-2010-by-sn-panigrahi #Merchant Exports – A Complete Analysis# https://www.slideshare.net/SNPanigrahiPMP/merchant-exports-a-complete-analysis-by-sn-panigrahi #Export & Import Management : A Complete Guide# https://www.slideshare.net/SNPanigrahiPMP/export-import-management-a-complete-guide-by-sn-panigrahi #Export Promotion Councils in India # https://www.slideshare.net/SNPanigrahiPMP/export-promotion-council-by-sn-panigrahi #Export Promotion Schemes# https://www.slideshare.net/SNPanigrahiPMP/export-promotion-schemes-by-sn-panigrahi #EPCG Scheme# https://www.slideshare.net/SNPanigrahiPMP/epcg-scheme-by-sn-panigrahi SN Panigrahi
  • 88. 88 #Goods Taken out of India for Exhibitions - Treatment under GST# https://www.slideshare.net/SNPanigrahiPMP/goods-taken-out-of-india-for-exhibitions-treatment- under-gst-by-sn-panigrahi #What Where & How to Start Export Business# https://www.slideshare.net/SNPanigrahiPMP/what-where-how-to-start-export-business-by-sn- panigrahi #Export to Nepal & Bhutan# https://www.slideshare.net/SNPanigrahiPMP/export-to-nepal-bhutan-by-sn-panigrahi
  • 89. 89