Important Keyword: Circular No. 202/14/2023-GST, Export of Services GST, Section 2(6)(iv) IGST Act, Special Rupee Vostro Account, INR Export Remittance GST, RBI INR Trade Settlement, Export of Services in INR, GST Export Clarification, RBI A.P. (DIR Series) Circular No. 10, Foreign Trade, Policy 2023 GST, IGST Export of Services, GST on Export Receipts, CBIC Circular 202/14/2023,
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Table of Contents
F. No. 20/06/22/2023-GST-CBEC
Government of India
Ministry of Finance
Department of Revenue
Central Board of Indirect Taxes and Customs GST Policy Wing
******
New Delhi, the 27th October, 2023
Circular No. 202/14/2023 - GST: Clarification relating to export of services – sub-clause (iv) of the Section 2 (6) of the IGST Act 2017
To
The Pr. Chief Commissioners / Chief Commissioners / Principal Commissioners / Commissioners of Central Tax (All)
The Principal Directors General / Directors General (All)
Madam / Sir,
Subject: Clarification relating to export of services – sub-clause (iv) of the Section 2 (6) of the IGST Act 2017–reg.
Various representations have been received requesting for clarification regarding admissibility of export remittances received in Special INR Vostro account, as permitted by RBI, for the purpose of consideration of supply of services to qualify as export of services as per the provisions of clause (6) of section 2 of the Integrated Goods & Services Tax Act, 2017 (herein after referred to as the ‘IGST Act”).
2. The issue has been examined and to ensure uniformity in the implementation of the provisions of law across the field formations, the Board, in exercise of its powers conferred by section 168 (1) of the Central Goods & Services Tax Act, 2017 (herein after referred to as the ‘CGST Act”), hereby clarifies the issue as under:
3. Relevant legal provisions:
3.1 Export of services has been defined under clause (6) of section 2 of IGST Act. As per the said definition, any supply of services needs to fulfill five conditions for it to qualify as export of services. Clause (6) of section 2 of the IGST Act is reproduced below for reference:
“(6) “export of services” means the supply of any service when, –
- the supplier of service is located in India;
- the recipient of service is located outside India;
- the place of supply of service is outside India;
- 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
- 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;”
3.2 One of the conditions mentioned in sub-clause (iv) of Section 2(6) of the IGST Act is that 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.
3.3 Reference is invited to RBI’s A.P. (DIR Series) Circular No.10 dated 11th July, 2022 regarding International Trade Settlement in Indian Rupees (INR), vide which it has been clarified that to promote growth of global trade with emphasis on exports from India and to support the increasing interest of global trading community in INR, it has been decided to put in place an additional arrangement for invoicing, payment, and settlement of exports / imports in INR. Before putting in place this mechanism, AD banks shall require prior approval from the Foreign Exchange Department of Reserve Bank of India, Central Office at Mumbai. Para 3 of the Circular is reproduced below:
“3. In terms of Regulation 7(1) of Foreign Exchange Management (Deposit) Regulations, 2016, AD banks in India have been permitted to open Rupee Vostro Accounts. Accordingly, for settlement of trade transactions with any country, AD bank in India may open Special Rupee Vostro Accounts of correspondent bank/s of the partner trading country. In order to allow settlement of international trade transactions through this arrangement, it has been decided that:
- Indian importers undertaking imports through this mechanism shall make payment in INR which shall be credited into the Special Vostro account of the correspondent bank of the partner country, against the invoices for the supply of goods or services from the overseas seller /supplier.
- Indian exporters, undertaking exports of goods and services through this mechanism, shall be paid the export proceeds in INR from the balances in the designated Special Vostro account of the correspondent bank of the partner country.”
3.4 Reference is also invited to Para 2.52 (d) of chapter related to General Provisions Regarding Imports and Exports of the Foreign Trade Policy (FTP) 2023, which has come into force from 01.04.2023, which specifies that:
Para 2.52 (d) Invoicing, payment and settlement of exports and imports is also permissible in INR subject to compliances as under RBI’s A.P. (DIR Series) Circular No.10 dated 11th July, 2022. Accordingly, settlement of trade transactions in INR shall take place through the Special Rupee Vostro Accounts opened by AD banks in India as permitted under Regulation 7(1) of Foreign Exchange Management (Deposit) Regulations, 2016, in accordance to the following procedures:
- Indian importers undertaking imports through this mechanism shall make payment in INR which shall be credited into the Special Vostro account of the correspondent bank of the partner country, against the invoices for the supply of goods or services from the overseas seller /supplier
- Indian exporters, undertaking exports of goods and services through this mechanism, shall be paid the export proceeds in INR from the balances in the designated Special Vostro account of the correspondent bank of the partner country.
3.5 On perusal of the above, it can be stated that the condition(s) of sub-clause (iv) of Section 2(6) of the IGST Act, 2017, can be considered to be fulfilled when the Indian exporters, undertaking exports of services, are paid the export proceeds in INR from the balances in the designated Special Vostro Account of the correspondent bank of the partner trading country in terms of Regulation 7(1) of Foreign Exchange Management (Deposit) Regulations, 2016, as mandated by RBI’s A.P. (DIR Series) Circular No.10 dated 11th July, 2022 and reiterated further in Foreign Trade Policy, 2023.
4. Therefore, it is clarified that when the Indian exporters, undertaking export of services, are paid the export proceeds in INR from the Special Rupee Vostro Accounts of correspondent bank(s) of the partner trading country, opened by AD banks, the same shall be considered to be fulfilling the conditions of sub-clause (iv) of clause (6) of section 2 of IGST Act, 2017, subject to the conditions/ restrictions mentioned in Foreign Trade Policy, 2023 & extant RBI Circulars and without prejudice to the permissions / approvals, if any, required under any other law .
5. It is requested that suitable trade notices may be issued to publicize the contents of this Circular. Difficulty, if any, in the implementation of this Circular may be brought to the notice of the Board. Hindi version will follow.
(Sanjay Mangal)
Principal Commissioner(GST)
📚 Frequently Asked Questions (FAQs): Circular No. 202/14/2023 - GST
Q1. What is Circular No. 202/14/2023-GST?
Answer:
Circular No. 202/14/2023-GST clarifies the interpretation of Section 2(6)(iv) of the IGST Act, 2017, relating to the receipt of payment for export of services. It confirms that export proceeds received in Indian Rupees (INR) through a Special Rupee Vostro Account, as permitted by the Reserve Bank of India (RBI), satisfy the payment condition for qualifying as an export of services under GST.
Q2. Why was this circular issued?
Answer:
The circular was issued because exporters sought clarification on whether payments received in Indian Rupees through Special Rupee Vostro Accounts would qualify as valid consideration for export of services.
In simple terms, businesses wanted certainty that they would continue enjoying export benefits even when payments were received in INR instead of convertible foreign exchange, provided the RBI permitted such transactions. The circular removes this uncertainty.
Q3. What does Section 2(6)(iv) of the IGST Act require?
Answer:
Section 2(6) of the IGST Act lays down five conditions for a supply to qualify as an export of services. Clause (iv) specifically requires that payment for the service should be received either in convertible foreign exchange or in Indian Rupees wherever permitted by the Reserve Bank of India (RBI).
The circular clarifies how this condition should be interpreted when payments are routed through RBI-approved Special Rupee Vostro Accounts.
Q4. Are export proceeds received through a Special Rupee Vostro Account treated as valid export consideration?
Answer:
Yes. The circular clearly confirms that export proceeds received in Indian Rupees through a Special Rupee Vostro Account satisfy the requirement under Section 2(6)(iv) of the IGST Act.
Many businesses actually faced this issue after the RBI introduced the International Trade Settlement Mechanism in INR. CBIC has now clarified that such receipts qualify as valid export consideration, subject to RBI regulations and the Foreign Trade Policy.
Q5. What is a Special Rupee Vostro Account?
Answer:
A Special Rupee Vostro Account is a rupee-denominated account opened by an Authorised Dealer (AD) Bank in India on behalf of a correspondent bank of a partner trading country, in accordance with RBI regulations.
Let’s understand this with an example. If an overseas client pays an Indian IT company through the RBI-approved INR settlement mechanism, the payment is credited through the Special Rupee Vostro Account instead of being received in foreign currency.
Q6. Does receiving payment in INR affect export benefits under GST?
Answer:
No, provided RBI permits the transaction. The circular specifically states that payments received through the RBI-approved Special Rupee Vostro Account mechanism fulfil the payment condition under Section 2(6)(iv).
If you look at it practically, the method of payment changes, but the export status does not, as long as the transaction complies with RBI guidelines and the applicable provisions of the Foreign Trade Policy, 2023.
Q7. Does this clarification apply to all INR payments received from foreign customers?
Answer:
No. The clarification applies only where the payment is received in Indian Rupees through the Special Rupee Vostro Account mechanism permitted by the RBI.
Simply receiving payment in INR is not sufficient. The transaction must comply with RBI's A.P. (DIR Series) Circular No. 10 dated 11 July 2022, the Foreign Trade Policy, 2023, and any other applicable legal requirements.
Q8. Is compliance with RBI regulations still necessary?
Answer:
Yes. This is an important point that businesses should not overlook.
The circular does not grant an independent GST exemption. Instead, it recognises payments received through RBI-approved mechanisms. Therefore, exporters must continue complying with RBI circulars, the Foreign Exchange Management (Deposit) Regulations, 2016, and the Foreign Trade Policy, 2023, wherever applicable.
Q9. Which businesses benefit the most from this clarification?
Answer:
The clarification is particularly beneficial for IT companies, software exporters, consultants, engineering firms, BPOs, digital service providers, and other service exporters receiving payments from countries participating in the INR trade settlement mechanism.
This provides greater certainty while entering into contracts with overseas clients where payments are agreed to be settled in Indian Rupees under RBI-approved arrangements.
Related Resource:
GST Compliance: https://finodha.in/gst-compliance/
Q10. Does this circular amend the definition of export of services?
Answer:
No. The circular does not amend Section 2(6) of the IGST Act.
Instead, it explains how Clause (iv) should be interpreted after the RBI introduced the International Trade Settlement mechanism in Indian Rupees. The objective is to ensure uniform implementation by GST officers and remove doubts regarding export remittances received in INR.
Download PDF: Circular No. 202/14/2023 - GST
More Information: https://taxinformation.cbic.gov.in/
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