Section 16 IGST Act

GST on Export of Services

GST on Export of Services in India: The Complete Guide (2026) What Is Export of Services Under GST? Under the Integrated Goods and Services Tax (IGST) Act, 2017, the export of services is defined under Section 2(6) of the IGST Act. For a transaction to qualify as ‘export of services’, all five conditions below must be simultaneously satisfied:   The supplier of service is located in India. The recipient of service is located outside India. The place of supply of the service is outside India. The payment for such service has been received by the supplier of service in convertible foreign exchange, OR in Indian Rupees wherever permitted by the Reserve Bank of India (RBI). The supplier of service and the recipient of service are not merely establishments of a distinct person.   All five conditions must be met together. If even one condition fails, the transaction will NOT qualify as export of services and will be treated as a domestic taxable supply attracting GST.   Important Note for Freelancers: Many Indian freelancers receive payments via PayPal, Wise, Payoneer, or direct bank wire. As long as the payment is in convertible foreign exchange and the client is located outside India, the condition of export of services is satisfied — even if you are an individual or a sole proprietor.   How Is Export of Services Treated Under GST? Under GST law, export of services is treated as a Zero-Rated Supply under Section 16 of the IGST Act, 2017. This is a very beneficial treatment and it means:   GST is NOT charged on the invoice raised to the foreign client (0% GST rate). You are still entitled to claim Input Tax Credit (ITC) on all your inputs and input services used for providing these exported services. You can get a full REFUND of the unutilised ITC from the GST department.   This is completely different from an ‘exempted supply’ where ITC cannot be claimed. Under zero-rated supply, you get the best of both worlds — no GST on output and full ITC credit on inputs.   Two Routes for Exporting Services Under GST Under GST law, an exporter of services has two options to export:   Route 1: Export Under LUT (Letter of Undertaking) — Most Preferred Under this route, you export services WITHOUT paying IGST. You submit a Letter of Undertaking (LUT) to your GST jurisdictional officer at the beginning of every financial year. This is the most popular and cash-flow-friendly route.   No IGST is paid on export invoices. You can claim refund of accumulated Input Tax Credit (ITC) from GST department. LUT must be filed annually via GST portal (Form GST RFD-11). Eligible persons: Any registered taxpayer who has not been prosecuted for tax evasion of Rs 2.5 crore or above.   Route 2: Export on Payment of IGST — With Refund Claim Under this route, you pay IGST at the applicable rate on the export invoice. After export, you claim a refund of IGST paid. This route is less preferred because it blocks your working capital temporarily.   IGST is paid on the export invoice (e.g., 18% for IT services). Refund of IGST paid is claimed from GST department. Refund must be applied within 2 years from the date of export. This route is useful when you have no ITC to carry forward.   CleverCoins Expert Tip: In 99% of cases, Route 1 (LUT-based export) is more beneficial. It avoids IGST outflow, preserves working capital, and allows you to claim accumulated ITC as refund. We at CleverCoins help clients file their LUT online every April — get in touch to ensure you never miss it.   What Is a Letter of Undertaking (LUT) Under GST? A Letter of Undertaking (LUT) is an undertaking given by an exporter to the GST department stating that they will comply with all export-related GST provisions and will not misuse the zero-rating benefit.   How to File LUT on GST Portal Log in to the GST Portal (www.gst.gov.in). Go to Services > User Services > Furnish Letter of Undertaking (LUT). Select the Financial Year for which LUT is being filed. Fill in the required details and upload supporting documents. Sign digitally using DSC or EVC. A unique ARN (Application Reference Number) is generated.   LUT remains valid for the entire financial year (April to March). For FY 2025-26, the LUT filed is valid from 1 April 2025 to 31 March 2026.   GST Registration: Is It Mandatory for Service Exporters? This is a frequently asked question. The answer depends on your annual turnover:   Threshold Limits for GST Registration (Service Exporters):   •       General States: Mandatory if aggregate turnover exceeds Rs 20 lakh per year. •       Special Category States (NE states, Jammu & Kashmir, etc.): Mandatory if turnover exceeds Rs 10 lakh per year. •       If your export income exceeds Rs 20 lakh, GST registration is compulsory — even if all your income is from exports. •       If turnover is below Rs 20 lakh, GST registration is optional. However, without registration, you CANNOT export under LUT or claim ITC refunds.   Many small freelancers earning below Rs 20 lakh from foreign clients choose to voluntarily register for GST to enjoy the benefits of ITC refund claims.   How to Raise an Export Invoice Under GST An export invoice under GST (when exporting under LUT) must contain the following mandatory fields:   Name, address, and GSTIN of the supplier. A consecutive serial number (not exceeding 16 characters). Date of issue. Name, address, and GSTIN or UIN (if applicable) of the recipient. Name and address of the foreign client (in foreign country). HSN/SAC code of the service (e.g., SAC 9983 for IT services, SAC 9997 for personal/professional services). Description of services provided. Taxable value and rate of GST — however, since it is zero-rated, write ‘0’ in IGST column. The mandatory declaration: ‘SUPPLY MEANT FOR EXPORT UNDER LUT WITHOUT PAYMENT OF IGST’. Invoice amount in foreign currency (USD, EUR, GBP, etc.) with

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GST on Export of Goods: Zero Rated Supply Explained

GST on Export of Goods: Zero Rated Supply Explained  Why GST Treatment of Exports Matters India’s Goods and Services Tax (GST) framework, introduced on July 1, 2017, revolutionized the country’s indirect tax system. Among its most strategically important provisions is the treatment of exports — a mechanism designed to ensure that Indian goods and services remain globally competitive by relieving them of the burden of domestic taxes. Under the GST regime, exports are classified as Zero Rated Supplies — one of only two categories that enjoy this special status (the other being supplies to Special Economic Zones). This classification is not merely a tax benefit; it is a deliberate policy instrument that enables Indian exporters to compete on a level playing field with manufacturers in other countries who are similarly not burdened by domestic consumption taxes on their exported products. Yet despite its significance, zero-rated supply under GST remains one of the most misunderstood and poorly executed compliance areas for Indian exporters. Mistakes in LUT filing, IGST payment, shipping bill details, or refund applications cost exporters lakhs of rupees annually in blocked working capital and penalties. This comprehensive guide covers every dimension of GST on export of goods — from the statutory definitions to the two routes of exporting under GST, the step-by-step refund process, common errors, and best practices. Whether you are a first-time exporter or a seasoned trade professional, this guide has the clarity you need.   KEY STAT As per the Ministry of Commerce, India’s merchandise exports in FY 2023-24 crossed $437 billion. GST refund processing efficiency directly impacts the working capital of every one of these exporters.   1. What is Zero Rated Supply Under GST? Section 16 of the Integrated Goods and Services Tax (IGST) Act, 2017 defines Zero Rated Supply. According to this section, the following two categories of supplies are classified as zero rated: Export of goods or services or both Supply of goods or services or both to a Special Economic Zone (SEZ) developer or an SEZ unit   It is critical to understand the distinction between Zero Rated Supply and Exempt Supply, as they are fundamentally different in their tax treatment and ITC implications.   Parameter Zero Rated Supply Exempt Supply Tax on Output 0% (Nil GST charged) 0% (Nil GST charged) Input Tax Credit (ITC) FULLY AVAILABLE — can claim refund NOT AVAILABLE — ITC must be reversed Examples Goods exported outside India, SEZ supplies Fresh fruits, educational services, healthcare Refund Eligibility Yes — full refund of ITC or IGST paid No refund applicable Legal Provision Section 16, IGST Act 2017 Section 2(47), CGST Act 2017   CRITICAL DISTINCTION Zero Rated does NOT mean tax-free in terms of ITC. Unlike exempt supplies where ITC is blocked, zero-rated supplies allow the exporter to claim full Input Tax Credit on all inputs used in producing the exported goods. This is the fundamental advantage of this classification.   2. Legal Framework Governing GST Exports 2.1 Statutory Provisions The GST export framework is governed by a web of statutes, notifications, and circulars that every exporter must be familiar with: Section 2(5) of the IGST Act, 2017: Definition of ‘Export of Goods’ — taking goods out of India to a place outside India Section 16 of the IGST Act, 2017: Zero Rated Supply provisions Section 54 of the CGST Act, 2017: Refund of Tax provisions Rule 89 to Rule 97A of the CGST Rules, 2017: Detailed refund procedure Notification No. 37/2017 — Central Tax: Procedure and conditions for export under LUT Circular No. 125/44/2019-GST: Clarifications on refund-related issues Circular No. 170/02/2022-GST: Further clarifications on export refunds   2.2 Definition of Export of Goods Under GST Section 2(5) of the IGST Act defines ‘Export of Goods’ as: taking goods out of India to a place outside India. This appears simple, but has significant implications: The goods must physically cross Indian customs boundaries The supply must be made to a person or entity located outside India Payment for such goods must be received in foreign exchange (with certain exceptions for specified countries and currencies) The export must be supported by valid shipping documentation including Shipping Bill and Bill of Lading/Airway Bill   3. The Two Routes of Exporting Under GST Every registered exporter under GST has two options for exporting goods without bearing the GST burden. Understanding both routes, their eligibility, advantages, and procedural requirements is essential for optimal cash flow management. Route 1: Export Under Letter of Undertaking (LUT) — Without Payment of IGST This is the most commonly used and recommended route for regular exporters. Under this route, the exporter furnishes a Letter of Undertaking (LUT) to the GST department, committing to export goods within a specified time and receive the export proceeds within the stipulated period. The exporter then exports goods without paying IGST and subsequently claims a refund of accumulated ITC.   WHO CAN FILE LUT? Any registered GST taxpayer who has not been prosecuted for tax evasion exceeding Rs. 250 lakhs under CGST Act, IGST Act, or any earlier indirect tax law can file LUT. This covers the vast majority of exporters.   LUT Filing Process — Step by Step Log in to GST Portal: www.gst.gov.in using your GSTIN credentials Navigate to: Services > User Services > Furnish Letter of Undertaking (LUT) Select the financial year for which LUT is being filed Fill in the LUT form — details of exporter, authorized signatory, witnesses Upload supporting documents if required (CA certificate for first-time filers) Apply DSC (Digital Signature Certificate) or EVC (Electronic Verification Code) Submit and download the ARN (Application Reference Number) as acknowledgment The LUT is valid for the entire financial year once accepted   Key Conditions Under LUT Export must be completed within 3 months from the date of issue of tax invoice Foreign exchange realization must occur within 1 year from the date of export If either condition is not met, the exporter must pay IGST with applicable interest LUT must be renewed at the start of each

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