[TO BE PUBLISHED IN THE GAZETTE OF INDIA, EXTRAORDINARY, PART II, SECTION 3, SUBSECTION (i)]

Government of India
Ministry of Finance
Department of Revenue
Central Board of Excise and Customs

This Notification has been superseded vide Notification No. 37/2017 Central tax dated 04-10-2017

Notification No. 16/2017- Central Tax
(Amendment History)

New Delhi, the 7th July, 2017

G.S.R' ( )E.:- In exercise of the powers conferred by sub-rule (5) of rule 96A of the Central Goods and Services Tax Rules, 2017, the Central Board of Excise and Customs hereby specifies the conditions and safeguards for the registered person who intends to supply goods or services for export without payment of integrated tax, for furnishing a Letter of Undertaking in place of a Bond.

i.        The following registered person shall be eligible for submission of Letter of Undertaking in place of a bond:-

(a) a status holder as specified in 1[paragraphs3.20 and 3.21] of the Foreign Trade Policy 2015-2020; or

(b) who has received the due foreign inward remittances amounting to a minimum of 10% of the export turnover, which should not be less than one crore rupees, in the preceding financial year,

and he has not been prosecuted for any offence under the Central Goods and Services Tax Act, 2017 (12 of 2017) or under any of the existing laws in case where the amount of tax evaded exceeds two hundred and fifty lakh rupees.

ii.      The Letter of Undertaking shall be furnished 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 on the letter head of the registered person.

[F. No. 349/74/2017 ' GST]

(Dr. Sreeparvathy S. L.)
Under Secretary to the Government of India

1. Corrigendum dated 10/07/2017

AMENDMENT HISTORY

CGST NOTIFICATION NO. & DATE

EFFECT OF NOTIFICATION

RELATED NOTIFICATION NO. & DATE

16/2017-Central Tax,Dt. 07-07-2017 Specifies the conditions and safeguards for the furnishing a Letter of Undertaking in place of a Bond for export. Notification No. 37/2017 ' Central Tax Dt.04.10.2017, Supersedes Notification No. 16/2017-CT and specifies the conditions and safeguards for furnishing a LUT in place of a Bond in case of export without payment of integrated tax.
(i) registered persons shall not prosecuted for any offence under the CGST Act or the IGST Act 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 LUT shall be furnished on the letter head 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 CGST rules.
(iii) where the registered person fails to pay the tax due along with interest, as specified under sub-rule (1) of rule 96A of CGST Rules then 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