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Notification No. 37/2017 – Central Tax Explained

by Shakshi Bharti | Apr 20, 2024 | GST | 0 comments

Important Keyword: Notification No. 37/2017 Central Tax, LUT for exporters GST India, export without IGST GST rules, GST LUT filing process India, CGST notification 37/2017 explained, Rule 96A GST LUT India,

Words: 1199 Read time: 6 minutes.

[F. No. 349/74/2017-GST (Pt.) Vol.-II]
Government of India
Ministry of Finance
(Department of Revenue)
[Central Board of Excise and Customs]

New Delhi, the 4th October, 2017

Notification No. 37/2017 – Central Tax: Notification on extension of facility of LUT to all exporters issued

GST: [To be published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i)]

G. S. R…. (E).- In exercise of the powers conferred by section 54 of the Central Goods and Services Tax Act, 2017, and section 20 of the Integrated Goods and Services Tax Act, 2017, sub- rule (5) of rule 96A of the Central Goods and Services Tax Rules, 2017, and in supersession of notification No. 16/2017- Central Tax, dated the 7th July, 2017, published in the Gazette of India,

Extraordinary, Part II, Section 3, Sub-section (i), vide number G. S. R. 848 (E), dated the 7th July, 2017 except as respects things done or omitted to be done before such supersession, the Central Board of Excise and Customs hereby specifies conditions and safeguards for furnishing a Letter of Undertaking in place of a Bond by a registered person who intends to supply goods or services for export without payment of integrated tax -

  • 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;
  • the Letter of Undertaking shall be furnished on the letter head of the registered person, in duplicate, for a financial year in the annexure to FORM GST RFD – 11 referred to in sub-rule (1) of rule 96A of the Central Goods and Services Tax Rules, 2017 and it shall be executed by the working partner, the Managing Director or the Company Secretary or the proprietor or by a person duly authorised by such working partner or Board of Directors of such company or proprietor;
  • where the registered person fails to pay the tax due along with interest, as specified under sub-rule (1) of rule 96A of Central Goods and Services Tax Rules, 2017, within the period mentioned in clause (a) or clause (b) of the said sub-rule, the facility of export without payment of integrated tax will be deemed to have been withdrawn and if the amount mentioned in the said sub-rule is paid, the facility of export without payment of integrated tax shall be restored.

2.     The provisions of this notification shall mutatis mutandis apply in respect of zero-rated supply of goods or services or both made by a registered person (including a Special Economic Zone developer or Special Economic Zone unit) to a Special Economic Zone developer or Special Economic Zone unit without payment of integrated tax.

(Rohan)
Under Secretary to the
Government of India


📚 Frequently Asked Questions (FAQs): Notification No. 37/2017 – Central Tax

Q1: What is Notification No. 37/2017 – Central Tax?

Answer:
Notification No. 37/2017 – Central Tax allows all eligible exporters to furnish LUT instead of bond when exporting goods or services without payment of IGST.
It was issued on 4 October 2017 under Section 54 of the CGST Act.

Q2: What is LUT in GST?

Answer:
LUT stands for Letter of Undertaking.
It is a document submitted by exporters declaring that they will comply with GST export rules when exporting goods without paying IGST.

Q3: Who can file LUT under GST?

Answer:
All registered exporters can file LUT, except those prosecuted for tax evasion exceeding ₹2.5 crore.

Q4: Which form is used for LUT submission?

Answer:
Exporters must submit LUT using FORM GST RFD-11.

Q5: Is LUT required every year?

Answer:
Yes.
LUT must be filed annually for each financial year.

Q6: What happens if LUT conditions are violated?

Answer:
If exporters fail to comply with Rule 96A conditions:
LUT facility may be withdrawn
Exporter must pay IGST with interest

Q7: Can exporters claim GST refund after using LUT?

Answer:
Yes.
Exporters can claim refund of input tax credit (ITC) on export supplies.

Q8: What are zero-rated supplies under GST?

Answer:
Zero-rated supplies include:
Export of goods
Export of services
Supplies to SEZ units or developers
These supplies are taxed at 0% GST.

Q9: Can startups exporting services use LUT?

Answer:
Yes.
Startups exporting services can also submit LUT and export services without paying IGST.
If you are starting an export business, explore Finodha Business Setup services:
https://finodha.in/setup-business/

Q10: Is LUT mandatory for exporters?

Answer:
No.
Exporters can choose between:
Paying IGST and claiming refund
Exporting under LUT without paying IGST

Q11: What documents are required to file LUT?

Answer:
Documents generally include:
GST registration details
Authorized signatory details
Business letterhead

Q12: Can SEZ suppliers use LUT?

Answer:
Yes.
Supplies to SEZ developers or SEZ units are treated as zero-rated supplies, and LUT can be used.

Q13: Does LUT affect income tax filing?

Answer:
No direct impact exists, but export income must be reported correctly in financial statements.
For tax filing support, explore Finodha ITR Filing services:
https://finodha.in/income-tax-return-filing-online/

Q14: Can small exporters benefit from LUT?

Answer:
Yes.
LUT is particularly beneficial for small exporters, as it avoids the need for bank guarantees.

Q15: Where can exporters get help with GST compliance?

Answer:
Export GST compliance can be complex.
Businesses can consult experts through Finodha GST Compliance services:
https://finodha.in/gst-compliance/
Experts can assist with:
LUT filing
GST returns
Export refunds

Conclusion

Notification No. 37/2017 – Central Tax significantly improved GST procedures for exporters by allowing all eligible exporters to use LUT instead of bonds. This change helped reduce compliance burdens and improved cash flow for export businesses.

By understanding this notification and complying with Rule 96A and GST export procedures, exporters can take full advantage of GST benefits.


Download PDF: Notification No. 37/2017 – Central Tax


More Information: https://taxinformation.cbic.gov.in/

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