2024-VIL-148-AAR
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SGST Advance Ruling Authority

GST – Andhra Pradesh AAR – Section 16 of the IGST Act, 2017 - Export of goods procured from an Indian company undergoing liquidation - Zero-rated supply, Letter of Undertaking (LUT) – applicant, a Singapore based company, is in the process of procuring certain goods/assets from M/s Lanco Kondapalli Power Limited, an Indian company undergoing liquidation, with the intention to export them to Myanmar - Whether the outward supply of goods procured by the applicant from an Indian company undergoing liquidation can be treated as zero-rated supplies and can be exported without payment of tax against a LUT. HELD - the stated transaction is neither an exempted supply nor an export of goods/services, and therefore, it cannot be treated as a zero-rated supply under Section 16 of the IGST Act - the applicant, being a foreign company without any place of business or GST registration in India, cannot be considered as the exporter of the goods. The delivery of the goods would take place within the territory of India, and hence, the place of supply would be the location where the goods are delivered to the applicant, i.e., the premises of Lanco Kondapalli Power Limited. Accordingly, the question of export of the goods without payment of tax against a LUT does not arise in this case - the outward supply of goods procured by the applicant from an Indian company undergoing liquidation cannot be treated as zero-rated supplies under Section 16 of the IGST Act – Ordered accordingly
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