Question 39:
We purchased goods at concessional of IGST & GST rate of 0.1% for export of goods but due to some reasons the goods could not be exported within the stipulated time of 90 day. Do we have any option for extension of time in case of delay in shipment. In case we pay the differential tax ( full Rate of Tax minus concessional rate of Tax), What will be the treatment of the differential GST in GST Returns.

Answer
The concessional  rate of 0.1 per cent on supply by a registered supplier to a registered recipient for export is given vide  Notification No. 41/2017--Integrated Tax (Rate) dt. 23rd Oct, 2017.
Para 2 of above said notification is reproduced below:-
2. The registered supplier shall not be eligible for the above mentioned exemption if the registered recipient fails to export the said goods within a period of ninety days from the date of issue of tax invoice.
As per above provision the exemption is not available to registered supplier. Further this notification is silent about extension. It means no extension is allowed.
Accordingly the differential tax amount is to be paid since the exemption is not applicable and accordingly Interest will also be charged.
For this registered supplier can issue debit note to the merchant exporter and ITC of the same will be available. (Reply dt. 22/3/2018)