Sub-section (i)]
Government of India
Ministry of Finance
(Department of Revenue )
[Central Board of Excise and
Customs]
Notification No. 37 /2017 – Central Tax
New
Delhi, the 4th October, 2017
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 -
(i) 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;
(ii)
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;
(iii)
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without payment of integrated tax will be deemed to have been withdrawn and if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.
[F. No. 349/74/2017-GST (Pt.) Vol.-II]
(Rohan) Under Secretary to the Government of India
