TOOL DEVELOPMENT COST under GST

This query is : Resolved

MAHESHA R (Querist)
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30 December 2019 We are Exporter and we do Exports under LUT without payment of Tax.

Our Overseas customer is paying us for some Specified Tool development Cost and there is no movement of goods in this regards and only we are sending only Foreign Currency Invoice to them and they will make the payment in Foreing Currency, in this regard how can i treat in GST regime.

Kindly confirm whether GST is applicable for that amount or not with explaination

CA Anita Bhadra

CA Anita Bhadra (Expert)
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30 December 2019 The services for developing tools can be considered as export of services and you can claim refund accordingly .
( Though , its not as simple as it looks) . The matter had been discussed a lot in 2018 . Reading contents in following link will help you to understand the technicalities of the matter :-

https://taxguru.in/goods-and-service-tax/tool-development-charges-export-or-not-under-gst.html

MAHESHA R

MAHESHA R (Querist)
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31 December 2019 Dear Madam

Thank you for your suggestion but my doubt is we are exporting goods under LUT without payment of tax but in this case is it required to charge the GST or shall i treat as Export of service without payment of GST under LUT

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