MERCHANT EXPORT PROCEDURE IN GST

MERCHANT EXPORT PROCEDURE IN GST
Relevant Notification No. is 40/2017-CENTRAL TAX (RATE), DATED 23.10.2017 and Similar Notification has been issued in UTGST, SGST & IGST Act, effective dated 23.10.2017.
These provisions i.e. with reference to the Notification No., 40/2017-Central Tax (Rate), dated 23.10.2017, are applicable to the Registered Supplier and the Registered Exporter (Merchant Exporter), covered under the Notification No., 41/2017-Integrated Tax (Rate), dated 23.10.2017, IGST Act, 2017 and Notification No., 40/2017-Union Territory Tax (Rate), dated 23.10.2017, UTGST Act, 2017. The Central Tax Notification No., 40/2017-Central Tax (Rate), dated 23.10.2017, is also applicable, under the SGST Act, 2017.
“The Concessional Tax Rate of Inter State Transaction or Supply of Goods, under the said Notification, is 0.1% for IGST | The Concessional Tax Rate, in UTGST / SGST, is 0.05% CGST + 0.05% UTGST (SGST)”
While opting for this new Procedure, it is important that both the Registered Supplier and Registered Exporter (Merchant Exporter), carefully follow the Procedure, prescribed under the said Notification, failing which, liability in future may arise.

1. This Procedure is only for export of Goods and not for export of pure Services.
2. Both the Supplier, who may be a Manufacturer or a Trader and the  Merchant Exporter, must be registered under the GSTLaw
3. The Merchant-Exporter, must hold a RCMC,that is, Registration-cum-Membership Certificate of appropriate Export Promotion Council or the Commodity Board else he would not be eligible for this Procedure
4. The Merchant Exporter, must necessarily place a Purchase Order, in writing, on the Registered Supplier, for procurement of the said Taxable Goods, at Concessional Rate, prescribed under the above mentioned Notification and a self-attested copy of Purchase Order, must be forwarded by the Merchant Exporter, to the Jurisdictional GSTOfficer of the Registered Supplier.
5. The Registered Supplier, shall supply the Taxable Goods, to the Merchant Exporter, by charging CGST, at the fixed Rate of 0.05% and SGST/UTGST, at the fixed Rate of 0.05%, in case of Intra-State Supply or Transaction of such Taxable Goods and 0.1% IGST, in case of Inter State Transaction, by covering the Supply, under the Tax Invoice, to be issued by the Registered Supplier, under Rule 46of the CGST Rules, 2017.
6. Except the above, no other Tax, under the GSTLaw, is payable on Taxable Goods, involved in the aforestated Transactions.
7. The Registered Exporter, who is situated in the same State or Union Territory, shall export the Taxable Goods, within the period of 90 days, from the date of Invoice of the Registered Supplier.
8. If, the Merchant Exporter, fails to export the said Taxable Goods, within the period of 90 days, from the date of Tax Invoice of the Registered Supplier, the Registered Supplier, shall not be eligible for the abovementioned Concessional Rate of 0.05% CGST + 0.05% SGST/UTGST or 0.1% IGST and therefore, the Registered Supplier, would be liable to pay off the balance amount of CGST and SGST/UTGST or IGST, applicable at appropriate rate, on the said goods, with Interest.
9. The Merchant Exporter, is not made responsible, for his failure to export the Taxable Goods, within the prescribed time-limit of 90 days but it is the Registered Supplier, who is liable to punishment, under this provision, for failure of the Merchant Exporter. Hence the Registered Supplier should continuously follow-up with the Merchant Exporter for the Proof of Exports.
10. The Merchant Exporter, shall procure the Taxable Goods, from the place of Registered Supplier and dispatch directly, to the Port of Export, which can be Sea Port, Airport or Land Customs Station and through ICD,
11. Alternatively, the said Taxable Goods, can be sent to a Registered Warehouse, for temporary storage and from where, the said Taxable Goods, would be sent to the Port of Export. Different Consignments covered under different Tax Invoices, can be combined together for shipment at the Registered Warehouse.
12. If, Taxable Goods are initially stored in Registered Warehouse, the Merchant Exporter, will obtain an acknowledgement, from the Warehouse Operator and send a copy of the said acknowledgement, along with a copy of Tax Invoice, duly endorsed by him, for receipt of the Goods to;
    • The Registered Supplier &
    • The Jurisdictional GSTOfficer of the said Registered Supplier.
13. A copy of Shipping Bill or Airway Bill or Bill of Export, would be self-attested and supplied by the Merchant Exporter, to the Registered Supplier, with Proof of Export General Manifest. The said Documents would also be sent by the Merchant Exporter, to the Jurisdictional GSTOfficer of the Registered Supplier.
14. The Merchant Exporter, will have to mention GSTIN of the Registered Supplier, along with Tax Invoice No., & Date of the said Registered Supplier, in the Shipping Bill (or Airway Bill) or Bill of Export (Export by Road).
15. Bond or Letter of Undertaking is not required, for the Concessional Rate of Tax.

• These provisions are optional in nature and thus, it is the option of the registered exporter to avail benefit of this notification after satisfying the necessary conditions.
• It should also be noted that once this Procedure is opted for, by a Registered Supplier, it is not necessary that all Export Consignments, must be supplied under this Procedure.