Requirements to be fulfilled for export of software under GST

Started by certforumz, September 05, 2017, 08:06:03 AM

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Seeking exemption from GST by exporters is a bit complicated. Exports come under inter state sales by default. If you want exemption from GST, you need to submit some documentation, provide bank guarantee to specified amount and obtain the exemption before you make any exports without payment of GST.
Given below are a list of such documents required (It highly recommended that you meet concerned government official for full and complete procedures to be followed. Its given here just for info only):

1. Bond: Bond for export of goods or services without payment of integrated Tax (See rule 96A)
Sample text:
We ,M/s abcd Private Limited having its registered office at No. 1234, 1nd cross, 2th Main, BTM, Bangalore-560029, having Goods & Services Tax Identification Number. 29xxxxxxxxxR1ZT, hereinafter called "obligor(s)" are held and firmly bound to the president of India (Hereinafter called the president) in the sum of Rs..... (Rupees .... Only) to be paid to the President for which payment will and truly be made.

We jointly and severally bind ourselves and our respective heirs/executors/administrators/legal representatives/successors and assigns by these presents;

Whereas the above bound obligor has been permitted from time to time to supply goods or services for export out of India without payment of integrated tax;
and whereas the obligor desires to export goods or services in accordance with the provisions of clause (a) of sub-section (3) of section 16;

AND WHEREAS the commissioner has required the obligor to furnish bank guarantee for an amount of Rs.xxxxxx (Rupees .... Only) endorsed in favour of the President and whereas the obligor has furnished such guarantee by depositing with the Commissioner the bank guarantee as afore mentioned;
The condition of this bond is that the obligor and his representative observe all the provisions of the Act in respect of export of goods or services, and rules made there under;

AND if the relevant and specific goods or services are duly exported;
AND if all dues of Integrated tax and all other lawful charges, are duly paid to the Government along with interest, if any, within fifteen days of the date of demand thereof being made in writing by the said officer, this obligation shall be void;

2. Request letter for bond
Sample text:
Respected Sir,

Sub: Execution of Bond to Export without payment of Integrated Tax.
Ref: Notification No 59/2017 Cus Dt 30.06.2017 and 52/2003 dated 31.03.2003 as amended.Circular No. 2/2/2017-GST

We, M/s abc  PRIVATE LIMITED, having its registered office at .... Bangalore-5600xx ,intend to execute a Bond for the purpose of export of services without payment of Integrated tax.

For this purpose, we submit herewith the following documents for your kind consideration and perusal

1. The Bond with RFD 11
2. Copy of GST Certificate
3. Copy of Company PAN Card
4. Copy of MOA/AOA
5. Copy of Directors PAN Card and Address proofs
6. Witnesses PAN Card and address proofs
7. FIRC Statement for the F Y 2016-17
8. CA Certificate 
9. Provision Declaration
10. Authorization letter

Thanking you,
Yours faithfully,

3.  Bank guarantee for specified amount (if requested by concerned official, usually commissioner or ast commissionor)

4. Note on objects of the business (extracted from AoA and MoU)

5. Statement of foreign remittances during the previous financial year