May 9, 2023

LUT

LUT

Introduction Are you a business owner involved in exporting goods or services? If so, you must be familiar with the complexities of Goods and Services Tax (GST) compliance. Among the various aspects of GST, the Letter of Undertaking (LUT) plays a significant role in facilitating exports. In this comprehensive guide, we will demystify the concept of LUT under GST and shed light on the process of filing Form GST RFD-11. So, let’s delve into the world of LUT under GST and equip ourselves with the knowledge necessary to navigate this vital aspect of export bonding. What does LUT under GST mean? The Letter of Undertaking (LUT) is a crucial document that serves as an alternative to the payment of Integrated Goods and Services Tax (IGST) on exports. Under GST, exporters can opt to furnish an LUT instead of paying the IGST at the time of exporting goods or services. This undertaking assures the authorities that the exporter will fulfill their obligations and adhere to the provisions of the GST Act. Who needs to file LUT in Form GST RFD-11? Not all exporters are required to file an LUT. It is essential to understand the eligibility criteria to determine whether you need to file an LUT in Form GST RFD-11. Here are the key points to consider: Exporters of goods or services: If your business is engaged in the export of goods or services, you may be eligible to file an LUT. Exporters with no tax liabilities: To qualify for filing an LUT, your business should have a record of compliance and have no tax liabilities or pending arrears. Registered under GST: You must be a registered taxpayer under the GST regime to apply for an LUT. No prosecution initiated: If there is no prosecution initiated against you or any of your partners, directors, or proprietors, you can proceed with filing an LUT. It is crucial to assess your eligibility carefully to ensure compliance with the GST provisions and avoid any legal implications. Documents Required for LUT under GST When filing an LUT in Form GST RFD-11, certain documents need to be furnished to complete the process. Here is a list of essential documents required: GST Registration Certificate: A copy of your GST registration certificate is necessary to establish your eligibility for filing an LUT. Bank Account Details: You will need to provide the bank account details, including the account number and IFSC code, for the purpose of verification and validation. PAN Card: Your Permanent Account Number (PAN) card, which serves as a unique identifier, is a mandatory document when filing an LUT. Undertaking on Letterhead: A signed undertaking on your business’s letterhead, stating that you will abide by the provisions of the GST Act and fulfill all export-related obligations, is an essential part of the documentation. Export Invoice and Shipping Bill: Copies of export invoices and shipping bills are required to substantiate your export activities and establish your involvement in the export of goods or services. Ensuring you have these documents readily available will streamline the process of filing an LUT and help you avoid unnecessary delays or complications. Process for Filing LUT in GST Now that we have a clear understanding of the Eligibility for Filing LUT in GST, let’s dive into the step-by-step process of filing an LUT in GST: Prepare the LUT form: Begin by downloading Form GST RFD-11, the official form for filing an LUT. Ensure that you have the latest version of the form to avoid any discrepancies. Fill in the required details: Provide all the necessary information in the LUT form, such as your business’s name, address, GSTIN (Goods and Services Tax Identification Number), and details of authorized signatories. It is crucial to fill in the form accurately and double-check all the information to avoid any errors. Attach supporting documents: Gather the documents mentioned earlier, such as your GST registration certificate, bank account details, PAN card, undertaking on letterhead, and copies of export invoices and shipping bills. Make sure to attach these documents along with the filled LUT form. Submit the form: Once you have completed the LUT form and attached the supporting documents, it’s time to submit the application. Submit the form physically or electronically, depending on the prescribed mode of submission in your jurisdiction. Verification and approval: After submitting the LUT form, the tax authorities will verify the information provided and examine the supporting documents. If everything is in order, they will approve your LUT application. You may receive an acknowledgment or confirmation of approval from the authorities. Validity period and renewal: A valid LUT is typically granted for a specific period, such as one financial year. It is essential to keep track of the validity period and renew the LUT before it expires to ensure uninterrupted export activities. It is worth noting that the exact process and requirements may vary slightly depending on the specific jurisdiction and applicable rules. Therefore, it is advisable to consult with a tax professional or refer to the official GST guidelines for accurate and up-to-date information. FAQs (Frequently Asked Questions) Q: Can I file an LUT if I have pending tax arrears? A: No, to be eligible for filing an LUT, your business should have no tax liabilities or pending arrears. Q: Is an LUT mandatory for all exporters? A: No, an LUT is not mandatory for all exporters. It is required for those who meet the eligibility criteria and wish to avail the benefit of not paying IGST at the time of export. Q: How long does it take to get an LUT approved? A: The processing time for LUT approval may vary depending on the tax authorities and their workload. It is advisable to submit the application well in advance to allow for any necessary processing time. Q: Can I make amendments to the LUT after it has been approved? A: Yes, you can make amendments to the LUT if required. In such cases, it is recommended to inform the tax authorities and

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section 276B of Income Tax act 1961

section 276B of Income Tax act 1961

Failure to pay tax to the credit of Central Government under Chapter XII-D or XVII-B If a person fails to 64[***],— (a) 65[pay to the credit of the Central Government, the tax deducted] at source by him as required by or under the provisions of Chapter XVII-B; or 66[(b) “pay tax or ensure payment of tax to the credit of the Central Government, as required by or under––  (i)  sub-section (2) of section 115-O;  (ii)  the proviso to section 194B;  (iii)  the first proviso to sub-section (1) of section 194R; (iv)  the proviso to sub-section (1) of section 194S; or] 67[(v) sub-section (2) of section 194BA,] he shall be punishable with rigorous imprisonment for a term which shall not be less than three months but which may extend to seven years and with fine.

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section 276AB of Income Tax act 1961

section 276AB of Income Tax act 1961

Failure to comply with the provisions of sections 269UC, 269UE and 269UL Whoever fails to comply with the provisions of section 269UC or fails to surrender or deliver possession of the property under sub-section (2) of section 269UE or contravenes the provisions of sub-section (2) of section 269UL shall be punishable with rigorous imprisonment for a term which may extend to two years and shall also be liable to fine : Provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court, such imprisonment shall not be for less than six months: 63[Provided further that no proceeding under this section shall be initiated on or after the 1st day of April, 2022.]

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section 276A of Income Tax act 1961

section 276A of Income Tax act 1961

Failure to comply with the provisions of sub-sections (1) and (3) of section 178 If a person—  (i)  fails to give the notice in accordance with sub-section (1) of section 178; or (ii)  fails to set aside the amount as required by sub-section (3) of that section; or (iii) parts with any of the assets of the company or the properties in his hands in contravention of the provisions of the aforesaid sub-section, he shall be punishable with rigorous imprisonment for a term which may extend to two years : Provided that in the absence of special and adequate reasons to the contrary to be recorded in the judgment of the court, such imprisonment shall not be for less than six months: 62[Provided further that no proceeding shall be initiated under this section on or after the 1st day of April, 2023.]

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section 276 of Income Tax act 1961

section 276 of Income Tax act 1961

Removal, concealment, transfer or delivery of property to thwart tax recovery Whoever fraudulently removes, conceals, transfers or delivers to any person, any property or any interest therein, intending thereby to prevent that property or interest therein from being taken in execution of a certificate under the provisions of the Second Schedule shall be punishable with rigorous imprisonment for a term which may extend to two years and shall also be liable to fine.

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section 275B of Income Tax act 1961

section 275B of Income Tax act 1961

Failure to comply with the provisions of clause (iib) of sub-section (1) of section 132  If a person who is required to afford the authorised officer the necessary facility to inspect the books of account or other documents, as required under clause (iib) of sub-section (1) of section 132, fails to afford such facility to the authorised officer, he shall be punishable with rigorous imprisonment for a term which may extend to two years and shall also be liable to fine.

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section 275 of Income Tax act 1961

section 275 of Income Tax act 1961

Bar of limitation for imposing penalties (1) No order imposing a penalty under this Chapter shall be passed— (a)  in a case where the relevant assessment or other order is the subject-matter of an appeal to the58-59[Joint Commissioner (Appeals) or to the] Commissioner (Appeals) under section 246 or section 246A or an appeal to the Appellate Tribunal under section 253, after the expiry of the financial year in which the proceedings, in the course of which action for the imposition of penalty has been initiated, are completed, or six months from the end of the month in which the order of the58-59[Joint Commissioner (Appeals) or the] Commissioner (Appeals) or, as the case may be, the Appellate Tribunal is received by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, whichever period expires later : Provided that in a case where the relevant assessment or other order is the subject-matter of an appeal to the60[Joint Commissioner (Appeals) or to the] Commissioner (Appeals) under section 246 or section 246A, and60[the Joint Commissioner (Appeals) or] the Commissioner (Appeals) passes the order on or after the 1st day of June, 2003 disposing of such appeal, an order imposing penalty shall be passed before the expiry of the financial year in which the proceedings, in the course of which action for imposition of penalty has been initiated, are completed, or within one year from the end of the financial year in which the order of60[the Joint Commissioner (Appeals) or] the Commissioner (Appeals) is received by the Principal Chief Commissioner or Chief Commissioner or Principal Commissioner or Commissioner, whichever is later; (b)  in a case where the relevant assessment or other order is the subject-matter of revision under section 263 or section 264, after the expiry of six months from the end of the month in which such order of revision is passed; (c)  in any other case, after the expiry of the financial year in which the proceedings, in the course of which action for the imposition of penalty has been initiated, are completed, or six months from the end of the month in which action for imposition of penalty is initiated, whichever period expires later. (1A) In a case where the relevant assessment or other order is the subject-matter of an appeal60[to the Joint Commissioner (Appeals) or] to the Commissioner (Appeals) under section 246 or section 246A or an appeal to the Appellate Tribunal under section 253 or an appeal to the High Court under section 260A or an appeal to the Supreme Court under section 261 or revision under section 263 or section 264 and an order imposing or enhancing or reducing or cancelling penalty or dropping the proceedings for the imposition of penalty is passed before the order of60[the Joint Commissioner (Appeals) or] the Commissioner (Appeals) or the Appellate Tribunal or the High Court or the Supreme Court is received by the Principal Chief Commissioner or Chief Commissioner or the Principal Commissioner or Commissioner or the order of revision under section 263 or section 264 is passed, an order imposing or enhancing or reducing or cancelling penalty or dropping the proceedings for the imposition of penalty may be passed on the basis of assessment as revised by giving effect to such order of60[the Joint Commissioner (Appeals) or] the Commissioner (Appeals) or, the Appellate Tribunal or the High Court, or the Supreme Court or order of revision under section 263 or section 264: Provided that no order of imposing or enhancing or reducing or cancelling penalty or dropping the proceedings for the imposition of penalty shall be passed— (a)  unless the assessee has been heard, or has been given a reasonable opportunity of being heard; (b)  after the expiry of six months from the end of the month in which the order of61[the Joint Commissioner (Appeals) or] the Commissioner (Appeals) or the Appellate Tribunal or the High Court or the Supreme Court is received by the Principal Chief Commissioner or Chief Commissioner or the Principal Commissioner or Commissioner or the order of revision under section 263 or section 264 is passed: Provided further that the provisions of sub-section (2) of section 274 shall apply in respect of the order imposing or enhancing or reducing penalty under this sub-section. (2) The provisions of this section as they stood immediately before their amendment by the Direct Tax Laws (Amendment) Act, 1987 (4 of 1988), shall apply to and in relation to any action initiated for the imposition of penalty on or before the 31st day of March, 1989. Explanation.—In computing the period of limitation for the purposes of this section,— (i)   the time taken in giving an opportunity to the assessee to be reheard under the proviso to section 129; (ii)  any period during which the immunity granted under section 245H remained in force; and (iii)  any period during which a proceeding under this Chapter for the levy of penalty is stayed by an order or injunction of any court, shall be excluded.

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section 274 of Income Tax act 1961

section 274 of Income Tax act 1961

Procedure (1) No order imposing a penalty under this Chapter shall be made unless the assessee has been heard, or has been given a reasonable opportunity of being heard. (2) No order imposing a penalty under this Chapter shall be made— (a)  by the Income-tax Officer, where the penalty exceeds ten thousand rupees; (b)  by the Assistant Commissioner or Deputy Commissioner, where the penalty exceeds twenty thousand rupees, except with the prior approval of the Joint Commissioner. (2A) The Central Government may make a scheme, by notification in the Official Gazette, for the purposes of imposing penalty under this Chapter so as to impart greater efficiency, transparency and accountability by— (a)  eliminating the interface between the income-tax authority and the assessee or any other person to the extent technologically feasible; (b)  optimising utilisation of the resources through economies of scale and functional specialisation; (c)  introducing a mechanism for imposing of penalty with dynamic jurisdiction in which penalty shall be imposed by one or more income-tax authorities. (2B) The Central Government may, for the purposes of giving effect to the scheme made under sub-section (2A), by notification in the Official Gazette, direct that any of the provisions of this Act relating to jurisdiction and procedure for imposing penalty shall not apply or shall apply with such exceptions, modifications and adaptations as may be specified in the notification: Provided that no direction shall be issued after the 31st day of March, 2022: 57[Provided further that the Central Government may amend any direction, issued under this sub-section on or before the 31st day of March, 2022, by notification in the Official Gazette.] (2C) Every notification issued under sub-section (2A) and sub-section (2B) shall, as soon as may be after the notification is issued, be laid before each House of Parliament. (3) An income-tax authority on making an order under this Chapter imposing a penalty, unless he is himself the Assessing Officer, shall forthwith send a copy of such order to the Assessing Officer.

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