GST LUT Filing

GST LUT Filing – Services by Deepak Prakash & Associates

Under the Goods and Services Tax (GST) regime in India, exporters of goods and services are given a benefit to export without the burden of paying GST on their exports. To avail this benefit, businesses are required to file a Letter of Undertaking (LUT). Filing GST LUT is a crucial process for exporters to ensure that they are eligible for zero-rated export and can claim refunds on taxes paid on inputs and services related to their exports.

At Deepak Prakash & Associates, we provide expert services for GST LUT filing to ensure that your export business can operate efficiently under the GST framework without facing any unnecessary tax burden. Our team of experienced Chartered Accountants (CAs) will guide you through the LUT filing process, helping you stay compliant with all GST regulations and facilitating smooth exports.

In this detailed guide, we will explain GST LUT filing, who needs it, the filing process, and how we can assist you in ensuring timely and accurate filing.

What is GST LUT (Letter of Undertaking)?

The GST Letter of Undertaking (LUT) is a declaration filed by exporters to the GST authorities stating that they will comply with the provisions related to the export of goods and services. This letter is a substitute for payment of Integrated Goods and Services Tax (IGST) on exports.

When a business files an LUT, it means that they are undertaking to export goods and/or services without the payment of IGST, and they are also eligible for refund of any input tax credit (ITC) on goods and services used for export purposes. This benefit applies to all exports of goods and services, including those made to SEZ (Special Economic Zone) units or developers.

Who Needs to File GST LUT?

Under Section 16 of the IGST Act, an exporter who wishes to export goods and services without paying IGST must file an LUT with the GST authorities. The following businesses need to file a GST LUT:

  1. Exporters of Goods and Services:

    • Any business involved in the export of goods or services can file an LUT to avail of the benefit of zero-rated export.
    • This applies whether the export is to a foreign country or a Special Economic Zone (SEZ).
  2. Exporters Availing ITC:

    • Exporters who wish to claim a refund of the input tax credit (ITC) on inputs and services related to their exports are also required to file the LUT.
  3. Exporters Who Have Not Opted for Bond:

    • An exporter can either choose to file a LUT or furnish a bond with the GST authorities. If an exporter opts not to provide a bond but still wants to avail the zero-rated export benefit, they must file an LUT.
  4. Businesses with No Outstanding Liabilities:

    • To file an LUT, the business should not have any outstanding GST liabilities. The business should be compliant with GST filing and tax payments in the past.

Advantages of Filing GST LUT

  • Zero-Rated Export:

    • By filing an LUT, the exporter can export goods and services without paying IGST. This means that there is no need to make upfront tax payments for exports, which can significantly improve cash flow.
  • Claim Refund of Input Tax Credit (ITC):

    • Filing an LUT enables the exporter to claim refunds of the input tax credit on goods and services used for the purpose of export. This ensures that the exporter does not bear the tax burden on inputs and services.
  • Simplifies Export Transactions:

    • LUT provides a smoother process for exporters, as it eliminates the need for providing a bond or making payments of IGST on exported goods and services.
  • Avoidance of Interest on IGST:

    • Without filing an LUT, exporters are required to pay IGST on their exports, which must later be refunded. This could involve significant delays and interest charges on the refund process. Filing an LUT eliminates this problem.
  • No Need to Furnish a Bond:

    • LUT filing removes the need to furnish a bank guarantee or bond with the GST authorities, which is otherwise required for certain exporters who are not eligible to file LUT.

Eligibility for Filing GST LUT

  • To file a GST LUT, the following conditions must be met:

    1. No Pending GST Liabilities:

      • The business must have no outstanding GST dues. If there are pending payments or unfiled returns, the application for LUT will not be accepted.
    2. Compliant with GST Filings:

      • The business should have filed all the GST returns and paid taxes as per the prescribed timelines.
    3. Export Business:

      • The business must be engaged in exporting goods and/or services either directly or indirectly. This includes both physical exports and export to SEZs.
    4. No Past Defaults:

      • The business should not have a history of non-compliance with GST regulations, including delay in payments or filing.

Documents Required for GST LUT Filing

The documents required for LUT filing include:

  1. GST Registration Certificate (GSTIN).
  2. PAN Card of the business owner or authorized signatory.
  3. Proof of Business Incorporation (e.g., partnership deed, memorandum of association, certificate of incorporation).
  4. Income Tax Returns for the past year or financial year to confirm that the business is compliant.
  5. Bank Details (for refund purposes if applicable).
  6. Signed Undertaking by the business.

GST LUT Renewal

  • The LUT needs to be renewed annually. If you have already filed an LUT for a particular financial year, you must file a new LUT for the subsequent year. The GST Department typically provides a grace period for renewal, but it is advisable to file the LUT before the start of the new financial year to avoid delays in export transactions.

Why Choose Deepak Prakash & Associates for GST LUT Filing?

  • At Deepak Prakash & Associates, we offer professional services to help businesses with GST LUT filing. Our team of qualified Chartered Accountants (CAs) ensures that your LUT filing is done accurately and on time. Here’s how we can assist you:

    1. Expert Guidance: We will provide you with personalized advice to help you understand whether you need to file GST LUT and guide you through the process.

    2. Timely Filing: Our team ensures that your LUT application is submitted before the deadline, avoiding any delays or penalties.

    3. Compliance Assurance: We ensure that all GST compliance requirements are met and help you stay up-to-date with changes in the tax laws.

    4. Hassle-Free Process: We handle the entire LUT filing process, from document collection to submission, making the process smooth and stress-free for you.