Question ID : 44674

RULE 96A OF CGST RULE 2017

During the departmental GST Audit it is observed that in case of export under LUT, the EGM filed date is later than 3 months from the export invoice date. Hence the department is invoking rule 96A and accordingly demanding Interest for the delayed period. Not only that, they are also invoking section 74, ready with rule 96A(1)(a), and demanding for the IGST on export. Is department justified in asking Interest and IGST for delay in filing EGM. Whether for the purpose of Rule 96A, whether EGM date is important or LEO date ( i.e. Let Export Order) date is important. Rule 96A does not say what is "export out of India". Request professional colleague to guide on this. Thanks for your efforts in advance.

1. earlier under servie tax, for export rebate/refund was availbe based on LEO date - may be something similar must be there in GST as well 2.as long as intention was to export and goods really left india there is no reason for any hindarance , as intentions always matters beyond facts check out similar details i could get in https://gstcouncil.gov.in/sites/default/files/SGST-Circulars/Clarifications%20on%20exports%20related%20refund%20issues.pdf 3.better if you share state involved and items/ various dates involved and resoan for gap between LEO & EGM , to estimate impact, however seems, its solid case to defend and win over officer preseting overall situation extedning may be till realisation of forex coming back to india 4.lets see what our other experts have to add / suggest