What is Deemed Exports under GST?
As per section 2(39) of CGST Act, deemed exports means such supplies of goods as may be notified under section 147.
Section 147 of CGST Act
The Government may, on the recommendations of the Council, notify certain supplies of goods as deemed export, where goods supplies do not leave India, and payment for such supplies is received either in Indian rupees or convertible foreign exchange.
Supplies notified as Deemed Exports under Notification 48/2017-Central tax
Following supplies has been notified as Deemed Exports under the said notification:
(a) Supply of goods by registered person against Advance Authorisation.
(b) Supply of capital goods by registered person under EPCG Authorisation.
(c) Supply of goods by registered person to EOU.
(d) Supply of gold by bank or Public sector undertaking against Advance Authorisation.
Deemed Export has not been kept at par with Zero rated supplies as in Zero rated supplies, supply can be made against Bond/LUT or on payment of IGST (in this case supplier has to file the refund application). In case of deemed exports, if the goods terminates for delivery in the same state then CGST/SGST has to be charged and if terminates for delivery in different state then IGST need to be charged.
Refund Procedure regarding procurement of goods from DTA by EOU : (Circular 14/14/2017)
(a) Due to non-availability of Refund module on the common portal that the refund application of deemed export shall be filed manually.
(b) Refund claim in respect of deemed exports has to be filed on monthly basis in Form GST RFD-01A provided that the refund claim can only be filed after filing the details in GSTR-1 and also a valid return in GSTR-3B has been filed for the last tax period.
Who can file Refund claim application under deemed exports
As per rule 89 of CGST Rules, the application for refund has to be filed by:
i) The recipient of deemed export supplies. In this case, the supplier has to give an undertaking that he shall not claim the refund in respect of such supplies. (Circular-24/2017-Central Tax)
ii) The supplier of deemed exports supplies in case where the recipient has not availed the input tax credit and furnishes an undertaking that the recipient has not claimed the refund against such supplies.
Documentary Evidence required in case refund application is filed by supplier- Notification 49/2017-Central Tax
(a) Acknowledgement by the jurisdictional Tax officer of Advance authorization holder/EPCG authorization holder that the said deemed export supplies has been received by them or in case of EOU, EOU has to give signed copy of tax invoice that the said deemed export supplies have been received by him.
(b) An undertaking by the recipient that he shall not claim refund in respect of such supplies and that no input tax credit on such supplies has been availed by him.
The Procedure prescribed is to be followed in addition to the procedure prescribed under FTP.