Overview & Legal Framework

Zero-Rated Supply is a special category of supply under GST where the entire GST burden on the supply chain is effectively eliminated — both at the output stage (no tax on supply) and at the input stage (full ITC or IGST refund available). It is the cornerstone of India's export promotion policy under GST.

📖 Governing Law: Section 16 of the Integrated Goods and Services Tax (IGST) Act, 2017 is the primary provision. Read with Section 54 of the CGST Act, 2017 (Refund of Tax), Rules 89–97A of the CGST Rules, 2017 (Refund Rules), and Section 2(6) of the IGST Act (definition of export of services). Notifications issued by CBIC under these provisions further shape the compliance framework.
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Primary Provision Sec 16 IGST

Section 16 of the IGST Act defines and governs zero-rated supply. It specifies which supplies qualify, the two alternate routes available to the supplier (IGST payment or LUT/Bond), and the right to claim refund of unutilised ITC or the IGST paid.

💰

Refund Framework Sec 54 CGST

Section 54 of CGST Act provides the mechanism for claiming refund on account of zero-rated supplies. The detailed procedure is set out in Rules 89 to 97A of the CGST Rules — covering application form, documents, time limits, and processing timelines.

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Policy Objective

The policy intent is that exports should not carry any domestic tax burden, making Indian goods and services globally competitive. Zero-rating ensures that no GST — whether paid on inputs, input services, or capital goods — is embedded in the exported product's cost.

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SEZ — Special Treatment

Supplies to Special Economic Zones (SEZ units and developers) are explicitly treated as zero-rated supplies, regardless of whether the SEZ unit itself exports. This encourages investment in SEZ infrastructure and enables SEZ units to receive goods and services duty-free.

Definition & Meaning of Zero-Rated Supply

Section 16(1) of the IGST Act exhaustively defines what constitutes a zero-rated supply. Understanding this definition is critical because only supplies falling within this definition are entitled to the zero-rating benefits.

📘 Section 16(1) — Verbatim Definition:

"Zero rated supply" means any of the following supplies of goods or services or both, namely:—
(a) export of goods or services or both; or
(b) supply of goods or services or both to a Special Economic Zone developer or a Special Economic Zone unit."
🔑 Key Takeaway: Zero-rated supply is an exhaustive list — only exports and SEZ supplies qualify. It is NOT a rate of tax. It is a category of supply where the effective tax rate happens to be zero, while the supplier retains full entitlement to ITC and refund. This distinguishes it fundamentally from exempt and nil-rated supplies.

Why "Zero-Rated" and Not "Exempt"?

AttributeZero-Rated SupplyExempt SupplyNil-Rated Supply
GST on output0% (effective)0%0%
ITC on inputs✓ Fully available✗ Blocked (Sec 17(2))✗ Blocked (Sec 17(2))
Refund of ITC✓ Available✗ Not available✗ Not available
Legal basisSection 16, IGST ActSection 2(47) CGST Act + Exemption NotificationsGST Rate Schedules (0% rate entry)
Included in aggregate turnoverYesYes (as exempt turnover)Yes
ExamplesExport of software, goods to SEZFresh vegetables, healthcare, educationUnpacked cereals, salt (Schedule I entries)

Categories of Zero-Rated Supply

Section 16(1) identifies two categories of zero-rated supply. Each has its own sub-classification, conditions, and documentation requirements.

Export
Export of Goods or Services or Both
Physical export of goods out of India OR supply of services meeting the 5 conditions under Section 2(6) of IGST Act. Both categories entitle the supplier to claim refund of IGST paid or unutilised ITC.
SEZ
Supply to SEZ Developer / SEZ Unit
Supply of goods or services or both to a Special Economic Zone unit or developer for authorised operations. Treated as inter-state supply attracting IGST, or as zero-rated under LUT with ITC refund.
Deemed
Deemed Exports (Limited Context)
Certain supplies notified under Section 147 of CGST Act (e.g., supply to EOU, supply against EPCG/Advance Authorisation) are "deemed exports" — NOT zero-rated under Section 16, but a separate refund category under Section 54(3) and Rule 89(4B).
⚠️ Important Distinction — Deemed Exports vs Zero-Rated Supply: Deemed exports under Section 147 are NOT the same as zero-rated supplies under Section 16. Deemed exports are taxed at applicable GST rates; the refund is claimed by the supplier OR the recipient. Zero-rated supplies under Section 16 are either tax-free (under LUT) or IGST is paid and refunded. Confusing the two leads to wrong return filing and refund claims.

Export of Goods — Zero-Rating Sec 2(5) IGST

Export of goods means taking goods out of India to a place outside India. Section 2(5) of the IGST Act defines "export of goods." The GST law provides two routes to export goods under zero-rating.

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Route 1 — Export Under Bond/LUT (Without IGST Payment)

Exporter furnishes a Letter of Undertaking (LUT) or Bond to export goods without paying IGST. Post-export, the exporter claims refund of the unutilised ITC accumulated on inputs/input services/capital goods used in making the zero-rated supply. Most preferred route.

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Route 2 — Export on Payment of IGST (with Refund)

Exporter pays IGST on the export value at the applicable rate and then claims a refund of the IGST paid. Refund is processed automatically on matching of GSTR-1 data with shipping bill data on ICEGATE. No separate refund application needed (auto-refund mechanism).

Export of Goods — Conditions & Documentation

Condition 1

Shipping Bill / Bill of Export

Every export of goods must be accompanied by a Shipping Bill (for sea/air exports) or a Bill of Export (for land exports). The Shipping Bill is the key document that triggers the zero-rating and the export refund mechanism. The GSTIN, invoice details, and HSN codes must match exactly between GSTR-1 and the Shipping Bill on ICEGATE.

Condition 2

Export under IGST Zero-Rating — Declaration in Tax Invoice

The tax invoice for export must carry the declaration: "Supply Meant for Export / Supply to SEZ Unit or SEZ Developer for authorised operations on payment of IGST" OR "Supply Meant for Export / Supply to SEZ Unit or SEZ Developer for authorised operations under Bond/LUT without payment of IGST." Rule 46(s) of CGST Rules, 2017.

Condition 3

FIRC / Bank Realisation Certificate (BRC) for Services

For export of services, the foreign exchange must be received in India and a Foreign Inward Remittance Certificate (FIRC) or BRC from the bank is required for refund processing. SEBI-regulated receipts through NOSTRO accounts or through permitted payment aggregators for e-commerce also qualify as valid forex receipt evidence.

Condition 4

Time Limit for Export of Goods (After Issuance of Tax Invoice)

Goods must be exported within 3 months from the date of issuance of the tax invoice. If not exported within this period, the supplier must pay the tax (GST) with interest. Extension can be sought from the Commissioner in justified cases. Rule 96A(1) of CGST Rules — if LUT conditions not met, the LUT becomes void and tax + interest applies from invoice date.

Condition 5

Foreign Exchange Realisation for Services — Time Limit

For export of services, foreign exchange must be realised within one year from the date of export (or as extended by RBI). For IT/ITES exports, the RBI's liberalised framework allows realisation within the time prescribed by FEMA. CBIC Circular 14/2017-GST clarifies that upfront payment in INR from EEFC (Export Earners' Foreign Currency) accounts also qualifies.

Export of Services — Five Cumulative Conditions Sec 2(6) IGST

Section 2(6) of the IGST Act provides the definition of "export of services." Unlike goods exports (which are determined by physical movement out of India), services exports must satisfy five cumulative conditions. Failure of even one condition means the supply is NOT an export of service.

📘 Section 2(6) — Five Conditions for Export of Services (All must be satisfied simultaneously):
  1. The supplier of service is located in India
  2. The recipient of service is located outside India
  3. The place of supply of the service is outside India
  4. 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
  5. The supplier of service and the recipient of service are not merely establishments of a distinct person in accordance with Explanation 1 of Section 8

Critical Analysis of Each Condition

The supplier must be located in India. "Located in India" for a company means the registered office or principal place of business in India. If an Indian company has a branch abroad, services supplied by the Indian branch are exports; services supplied by the foreign branch may not be exports of the Indian entity. For IT companies with offshore development centres, only the Indian entity's output qualifies.

Branch vs HO: If an Indian company (HO in India) has a branch in Dubai, services exported from the Indian HO to the Dubai branch client are exports. But services consumed by the Dubai branch itself from the HO are intra-company and do not qualify as exports (Condition 5 disqualification).

"Location of recipient" for a business entity is the place of its establishment — registered office or principal place of business. For an individual, it is their usual place of residence. Complications arise when:

  • The foreign company has a liaison office or branch in India — services to the Indian branch/establishment are NOT exports (recipient is effectively located in India for that establishment)
  • An NRI who is currently in India at the time of service consumption — recipient may be treated as located in India
  • Online services to consumers outside India — recipient location is determined by billing address + other indicators
⚠️ Common Error: A foreign company having its Indian subsidiary or liaison office creates confusion. Services provided to the Indian subsidiary/liaison office of a foreign parent are NOT exports — the Indian subsidiary is a separate taxable entity located in India.

The place of supply is determined under Sections 12 and 13 of the IGST Act. Section 13 governs place of supply when either the supplier or recipient is located outside India. The general rule under Section 13(2) is: "place of supply = location of recipient." However, specific overriding rules under Section 13(3) to 13(13) apply for specific service categories:

Service TypePlace of Supply RuleSectionExport Implication
Services in relation to immovable property in IndiaLocation of the propertySec 13(4)NOT export — PoS is India
Performance-based services (surgery, event, etc.) — performed in IndiaLocation where services performedSec 13(3)NOT export if performed in India
Passenger transportation — destination in IndiaPlace of embarkation/destinationSec 13(9)Depends on route
Online information & database access (OIDAR) to non-businessLocation of recipientSec 13(12)Export if recipient is outside India
Intermediary servicesLocation of supplierSec 13(8)(b)NOT export — PoS = India (supplier location)
General business-to-business servicesLocation of recipientSec 13(2)Export if recipient outside India
🔴 Critical Issue — Intermediary Services: Section 13(8)(b) fixes the place of supply of intermediary services as the location of the supplier (i.e., India for Indian suppliers). Therefore, Indian companies acting as intermediaries (brokers, agents, commission agents) for foreign clients CANNOT claim these as exports of services. This has been a contentious issue. The Finance Act, 2023 amendment and subsequent CBIC circulars have further clarified this position. Even if the underlying transaction is between foreign parties, if the Indian entity is an intermediary, its service is NOT an export.

Payment must be received in convertible foreign exchange OR in Indian Rupees (INR) where permitted by RBI. Key aspects:

Permitted

Standard Forex — SWIFT/FIRC/BRC

Receipt of USD, EUR, GBP, JPY, AUD or any other freely convertible currency through SWIFT transfers. Evidenced by FIRC (Foreign Inward Remittance Certificate) or e-FIRC issued by the bank, or Bank Realisation Certificate (BRC) for older transactions.

Permitted

INR from VOSTRO Accounts of Non-Resident Banks

RBI permits trade settlements in INR through special VOSTRO accounts. Payment received from the VOSTRO account of a foreign bank in India (in INR) for export of services qualifies as foreign exchange for GST purposes. Relevant for Russia, UAE, and other countries where bilateral trade in INR is permitted.

Permitted

EEFC (Export Earners' Foreign Currency) Account Transfers

Foreign exchange retained in EEFC accounts by Indian exporters and subsequently used to pay for export-related services to other Indian service providers. CBIC Circular 14/2017-GST clarified that such INR payments from EEFC accounts qualify as "received in convertible foreign exchange."

Conditional

Payment from Indian Branch of Foreign Company

If a foreign company's Indian branch pays in INR for services provided by an Indian supplier to the foreign HO, this does NOT automatically qualify as foreign exchange receipt. The foreign company must remit the amount from abroad in convertible forex. Payments by Indian branch in INR from Indian funds do not qualify unless specifically permitted by RBI.

Not Permitted

Barter, Set-Off, or Netting

Set-off of receivables against payables between the Indian exporter and foreign client (without actual money transfer), barter arrangements, or internal cross-charges where no actual foreign exchange flows into India do NOT qualify as "receipt of foreign exchange." This is a common issue in group company transactions.

This condition ensures that artificially structured intra-group transactions cannot be claimed as "export of services" to avail zero-rating benefits. Section 2(6)(v) read with Explanation 1 to Section 8 of the IGST Act defines "distinct persons" as establishments of the same legal entity in different countries.

Example — When Condition 5 Fails: XYZ Inc. (US company) and XYZ India Private Limited are the same legal entity (one is a branch/establishment of the other). Services provided by XYZ India to XYZ Inc. are NOT export of services — they are intra-entity services between establishments of the same person in different countries.
✅ When Condition 5 is Satisfied: ABC India Private Limited (Indian subsidiary) provides IT services to ABC Corp USA (parent company). These are two separate legal entities (even if related/associated). Services by ABC India to ABC Corp USA = export of services (subject to other conditions). Parent-subsidiary relationship does NOT make them "establishments of a distinct person."
⚠️ Branch vs Subsidiary: A "branch" of a foreign company registered in India and the foreign HO ARE establishments of the same entity — their transactions cannot be exports. A "subsidiary" incorporated in India is a separate legal entity — transactions with the foreign parent can qualify as exports.

Supply to SEZ — Zero-Rating Sec 16(1)(b) IGST

Supply of goods or services or both to a Special Economic Zone unit or developer for authorised operations constitutes zero-rated supply. The SEZ framework under the SEZ Act, 2005 interfaces with the IGST Act to create a comprehensive duty-free zone for SEZ operations.

📖 Legal Interplay: Section 16(1)(b) of IGST Act + Section 26 of SEZ Act, 2005 (duty-free procurement) + CBIC Circular 48/22/2018-GST (clarification on SEZ supplies). The supply must be for "authorised operations" as specified in the Letter of Approval (LoA) issued to the SEZ unit/developer by the Development Commissioner.
🏢

SEZ Unit vs SEZ Developer

SEZ Unit: A business entity approved to operate within the SEZ for manufacturing, trading, or service activities. Identified by a 10-digit GSTIN with state code "96" or "97" in positions 1-2.

SEZ Developer: The entity (government or private) that develops, operates, and maintains the SEZ infrastructure. Supplies to both categories are zero-rated.

📜

Authorised Operations — Critical Requirement

Zero-rating applies ONLY for supplies made for "authorised operations" listed in the LoA issued to the SEZ unit. Supplies for other purposes (personal consumption of SEZ employees, non-authorised activities) do NOT qualify for zero-rating. The supplier must obtain an endorsement/certificate from the Specified Officer of the SEZ.

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Endorsement by Specified Officer

The supplier of goods/services to an SEZ must obtain an endorsement from the Specified Officer of the SEZ unit confirming that the supply is for authorised operations. This endorsed copy of the tax invoice serves as evidence for claiming the zero-rated benefit (ITC refund or no IGST payment under LUT).

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LUT or IGST Payment — Supplier's Choice

Like exports, a DTA (Domestic Tariff Area) supplier making supply to an SEZ can either: (a) furnish LUT and supply without IGST, then claim ITC refund; OR (b) pay IGST on the supply and claim IGST refund. The SEZ unit/developer cannot claim ITC on the IGST paid by the DTA supplier (since SEZ unit's supplies are also zero-rated outward).

ScenarioZero-Rated?Reason
DTA supplier → SEZ unit (for authorised ops)YesSec 16(1)(b) IGST Act
DTA supplier → SEZ unit (personal use of employee)NoNot for authorised operations
SEZ unit → DTA buyer (goods into domestic market)NoSubject to customs duties + IGST; treated as import into DTA
SEZ unit → Foreign buyer (export)YesExport under Section 16(1)(a)
SEZ unit → Another SEZ unit (inter-SEZ supply for authorised ops)YesTreated as inter-state supply + zero-rated
SEZ developer → SEZ unit (supply for building SEZ infrastructure)Case-specificMust be for authorised operations as per LoA

LUT & Bond — Procedure, Eligibility & Compliance Rule 96A

Section 16(3)(a) of the IGST Act permits a registered person to make zero-rated supply without payment of integrated tax by furnishing a Letter of Undertaking (LUT) or executing a Bond. Rule 96A of the CGST Rules governs the procedure in detail.

✅ LUT is the Preferred Route (2017 Onwards): Prior to GST, exporters had to execute bonds with bank guarantees — a capital-intensive process. Under GST, the government introduced LUT as the primary and preferred mechanism, eliminating the need for bank guarantees for most exporters. Bond with bank guarantee remains only for cases where LUT eligibility is lost (prosecution cases).

LUT vs Bond — Comparison

AttributeLetter of Undertaking (LUT)Bond
Who can furnishAny registered person except those prosecuted for tax evasion exceeding ₹2.5 crorePersons ineligible for LUT + any person choosing Bond
Bank guarantee requirementNot requiredSurety or bank guarantee required for 15% of bond amount
FormForm GST RFD-11 (online on GST portal)Form GST RFD-11 with physical bond document
ValidityFinancial year-wise (April to March); must be renewed annuallyCovers specific consignments / period as specified
ProcessingSelf-declaration, no officer approval needed (auto-accepted)Officer verification required
Practical useAlmost universal for all exportersVery rare; only for prosecuted persons

LUT Filing Process — Step by Step

🔑

Login to GST Portal

Login at gst.gov.in with your GSTIN credentials

📋

Navigate to RFD-11

Services → User Services → Furnish Letter of Undertaking (LUT)

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Fill & Declare

Select financial year, fill exporter/supplier details, self-certify compliance

🖊️

Sign & Submit

Sign using DSC or EVC. Submit the form electronically

ARN Generated

Application Reference Number generated. LUT immediately effective. Print acknowledgment

1
LUT Validity Period April 1 – March 31
LUT is valid for the entire financial year from April 1 to March 31. A fresh LUT must be filed at the beginning of each financial year. Exporters should file the LUT for the new financial year before April 1 to avoid any interruption. As a practical measure, CBIC has clarified that the LUT filed for the previous year is valid until a new LUT is filed for the current year (a limited grace period).
2
Deemed Export Condition in LUT — 3 Months Rule
Once goods are exported under LUT, they must physically leave India within 3 months from the date of the tax invoice. If this condition is violated, the exporter must: (a) Pay IGST + interest from the date of invoice, OR (b) Produce proof of export within 15 days of the 3-month period. Rule 96A(1)
!
LUT Forfeiture / Revocation
The LUT is "deemed withdrawn" if the exporter fails to pay IGST + interest on violation of export conditions within 15 days of officer's notice. Post-withdrawal, the exporter loses zero-rating benefit — all subsequent supplies must be made with IGST payment until a fresh LUT is accepted.
Foreign Exchange Realisation — 1 Year Condition (Services)
For export of services under LUT, foreign exchange must be received within 1 year from the date of export. If not received within 1 year, the exporter must pay the tax (IGST) plus interest. Rule 96A(3). This is a commonly missed compliance point for service exporters.
⚠️ LUT for SEZ Supplies: The same LUT (Form RFD-11) is used for making supplies to SEZ units/developers without IGST payment. A separate LUT is NOT required for SEZ supplies if the exporter's LUT already covers zero-rated supplies broadly. However, many exporters file the LUT specifically mentioning both exports and SEZ supplies for clarity.

Refund of ITC / IGST on Zero-Rated Supplies Sec 54 CGSTRule 89

Zero-rated supplies entitle the supplier to a full refund of either (a) the unutilised ITC accumulated due to zero-rated supplies, or (b) the IGST paid on such supplies. Section 54 of the CGST Act read with Rules 89–97A provides the detailed refund mechanism.

💰

Refund Type 1 — Unutilised ITC Refund Rule 89(4)

Where supplies are made under LUT (without IGST payment), the exporter claims a refund of the net ITC accumulated on inputs, input services, and capital goods (in proportion to export turnover). Formula-based calculation applies. Filed in Form GST RFD-01 on the GST portal.

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Refund Type 2 — IGST Paid on Exports Rule 96

Where goods are exported on payment of IGST, the refund is processed automatically by CBIC's ICEGATE system upon data-matching of GSTR-1 with Shipping Bill data. No separate refund application is needed — IGST refund is auto-credited to the bank account linked with GSTIN.

ITC Refund Formula Rule 89(4)

📐 Refund of Unutilised ITC = (Turnover of Zero-Rated Supply of Goods + Services) × Net ITC ÷ Adjusted Total Turnover

Where:
Net ITC = Total ITC availed on inputs and input services during the relevant period (excluding ITC on capital goods which is refundable separately and ITC availed under Section 16 for imports)
Adjusted Total Turnover = Aggregate Turnover of the state minus exempted turnover (excluding supplies where zero-rated supply has been made on payment of IGST)
Turnover of Zero-Rated Supply = Export turnover of goods + export turnover of services + turnover of supplies to SEZ units/developers (under LUT)

Export Turnover of Services — Special Definition Rule 89(4)

Amended Definition (Post Circular 147/2021): Export Turnover of Services = Payments received during the relevant period for zero-rated services + Advances received and adjusted against invoices during the period + Invoices raised during the period where payment has been received before or after invoice date within the prescribed time frame. The Supreme Court in Filco Trade Centre case and CBIC Circular 147/2021-GST addressed the controversy around whether "zero-rated turnover of services" is receipt-based or invoice-based.

Refund Process — Timeline & Steps

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File RFD-01

File Form GST RFD-01 on GST portal. Select refund category, enter refund amount, attach documents

📩

ARN Generated

ARN generated upon filing. System validates GSTR-1, GSTR-3B data. Application forwarded to jurisdictional officer

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Officer Review

Proper officer reviews. May issue deficiency memo (RFD-03) once or issue Provisional Refund Order (RFD-04) within 7 days for 90% of amount

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Provisional Refund

90% refund credited within 7 days of RFD-04 for goods exports. Full refund within 60 days of RFD-01 filing

Final Refund Order

Final Refund Sanction Order in RFD-06. Balance 10% credited. Interest @ 6% p.a. if refund delayed beyond 60 days

Refund TypeFormTime Limit to ApplyProcessing TimeInterest on Delay
Unutilised ITC (under LUT)RFD-012 years from date of export60 days from date of filing6% p.a. if delayed beyond 60 days (Sec 56)
IGST paid on goods exportAuto-refund via ICEGATENo separate applicationDepends on ICEGATE processing6% p.a. if delayed
IGST paid on services exportRFD-012 years from relevant date60 days6% p.a. if delayed
ITC for SEZ supply (under LUT)RFD-012 years from date of supply60 days6% p.a. if delayed
IGST on SEZ supplyRFD-012 years60 days6% p.a. if delayed
🔴 Restriction — Refund Not Permitted in Certain Cases (Rule 96(10)): Exporters who have availed the benefit of notification 48/2017-CT (duty exemption for inputs), 40/2017-CT, 41/2017-CT (concessional rate on imports for exports) or similar export promotion schemes for their inputs CANNOT also claim IGST refund on exports. This is the "double benefit" restriction — exporters must choose between claiming input duty exemption OR IGST refund.

Place of Supply Rules for Zero-Rated Supplies Sec 11–13 IGST

Correct determination of the place of supply is critical for zero-rating — if the place of supply is within India, the supply cannot be zero-rated regardless of who the recipient is. Place of supply for cross-border transactions is governed by Sections 11 and 13 of the IGST Act.

Supply TypePlace of Supply RuleSectionZero-Rating Possible?
Export of goodsLocation outside India (destination country)Sec 11(1)Yes — if goods leave India
B2B services (general) — foreign recipientLocation of recipient (foreign)Sec 13(2)Yes
Intermediary services — Indian supplierLocation of supplier (India)Sec 13(8)(b)No — PoS is India
Services relating to immovable property in IndiaLocation of property (India)Sec 13(4)No — PoS is India
Banking and financial services (foreign recipient)Location of supplier / recipient (complex)Sec 13(8)(a)Depends on specific transaction
Transportation of goods to foreign destinationDestination of goods (outside India)Sec 13(9)Yes
Supply to SEZ unit/developerLocation of SEZ (inter-state supply)Sec 8(2) IGSTYes — treated as inter-state zero-rated
Online information (OIDAR) to non-taxable online recipients (NTOR) outside IndiaLocation of recipientSec 13(12)Yes

Zero-Rated vs Exempt vs Nil-Rated vs Non-GST — Detailed Comparison

One of the most common areas of confusion in GST practice is the distinction between these four categories. Each has fundamentally different implications for ITC, returns filing, aggregate turnover computation, and refund eligibility.

ParameterZero-RatedExempt (Sec 11)Nil-Rated (0% GST Schedule)Non-GST Supply
GST on output0% (effective)0%0%Not applicable
ITC on inputs✅ Allowed (fully)❌ Blocked (Sec 17(2))❌ Blocked (Sec 17(2))❌ Blocked (Sec 17(3))
Refund of ITC✅ Full refund available❌ Not available❌ Not available❌ Not available
Legal basisSec 16, IGST ActSec 2(47) + Exemption NotifsRate notifications (0% entries)Not within GST ambit
Included in GSTR-1Yes (Table 6A/6B for exports)Yes (Table 8)Yes (Table 8)Yes (Table 8)
Included in GSTR-3BYes (Table 3.1(b))Yes (Table 3.1(c)/(d))Yes (Table 3.1(c))Yes (Table 3.1(e))
Included in aggregate turnoverYesYesYesNo
LUT/Bond requiredYes (if not paying IGST)NoNoNo
ExamplesSoftware export, goods to SEZHealthcare, fresh fruits, educationUnpacked food grains (Schedule I)Alcohol, petrol, diesel

Input Tax Credit (ITC) on Zero-Rated Supplies

The most powerful feature of zero-rated supply is the unhindered availability of ITC across the entire supply chain. Unlike exempt supplies (where ITC must be reversed proportionately), zero-rated supply permits full retention and refund of ITC.

Sec 16(3)(a)

ITC on Inputs Used for Zero-Rated Supply — Fully Available

All ITC on raw materials, components, packaging, and other goods used in making zero-rated supplies is fully available. There is no need to reverse ITC under Rule 42 (for inputs) or Rule 43 (for capital goods) on the proportion attributable to zero-rated supplies. This is a crucial benefit — a 100% export-oriented company effectively pays zero GST on its entire input chain.

Sec 16(3)(b)

ITC on Input Services — Fully Available

ITC on all services procured for making zero-rated supplies (logistics, marketing, consulting, IT services, etc.) is fully available and refundable. Export-oriented units (IT companies, manufacturers) can claim refund of ITC on office rent, software subscriptions, maintenance services, and all other input services proportionate to zero-rated turnover.

Rule 43

ITC on Capital Goods — Available for Refund via Separate Route

ITC on capital goods (machinery, equipment, IT infrastructure) used exclusively or commonly for zero-rated supplies is available. However, refund of ITC on capital goods for zero-rated supplies follows a separate calculation under Rule 89(4) — it is included in the Net ITC formula and refundable proportionate to export turnover.

Sec 17(2)

Mixed-Use ITC — Pro-Rata Treatment

Where inputs/input services are used for both taxable (including zero-rated) and exempt supplies, ITC must be proportionately reversed under Rule 42/43. The exempt supply portion's ITC must be reversed; the zero-rated + other taxable portion's ITC is retained. This is important for companies supplying both domestically (exempt goods) and exporting.

Blocked

Section 17(5) Blocked Credits — Not Refundable Even for Zero-Rated Supplies

ITC blocked under Section 17(5) (motor vehicles for personal use, food & beverages, club memberships, life insurance, etc.) remains blocked even if the supply is zero-rated. These blocked credits cannot be used against tax liability and cannot be claimed as refund. Exporters must be careful not to include blocked ITC in their refund claims — this leads to rejection and potential penalty.

Non-Compliance, Penalties & Interest — Zero-Rated Supply

Claiming zero-rating without meeting all the conditions, or failing to comply with post-export conditions, triggers significant tax and penalty consequences. The GST department has become increasingly vigilant about wrongful zero-rating claims.

18% p.a.
Interest on IGST — LUT Violation
If goods are not exported within 3 months (for LUT exports) or foreign exchange not received within 1 year (for service LUT), IGST with interest at 18% p.a. is payable from the date of tax invoice under Rule 96A(1). Interest runs from invoice date, not from the expiry of the 3-month/1-year period.
₹10,000
Minimum Penalty — Wrong Refund Claim
Fraudulent or wrong refund claims under Section 54 attract penalty under Section 122(1)(xi) — minimum ₹10,000 or amount of refund wrongly claimed, whichever is higher. In cases of deliberate fraud, penalty can extend to the full refund amount claimed wrongly.
100%
Penalty for Fraudulent Refund
Refund obtained by fraud, wilful misstatement, or suppression of facts — penalty equal to the amount of refund (100%) under Section 122(2)(b). In addition, the wrongly obtained refund is recovered with 24% interest from the date of refund.
Prosecution
Fraudulent Zero-Rating — Section 132
Wrongful availment of ITC leading to fraudulent zero-rating claims above ₹5 crore: imprisonment up to 5 years + fine. Between ₹2–5 crore: up to 3 years. Between ₹1–2 crore: up to 1 year. Fake invoice-based export fraud is specifically targeted by the Department in recent years.
Recovery
Recovery of Wrongfully Claimed ITC
Where ITC was claimed on inputs and a refund was obtained, but the supply was subsequently found to not qualify as zero-rated, the entire refund is recovered under Section 73/74 with interest. The exporter must also reverse the ITC availed. Double jeopardy — both refund recovery and ITC reversal apply.
6% p.a.
Interest — Delayed Refund by Department
Where the GST department delays the refund beyond the prescribed 60-day period (from date of application), the taxpayer is entitled to interest at 6% per annum on the delayed refund amount under Section 56 of the CGST Act. This applies to both ITC refunds and IGST refunds.

Key CBIC Notifications & Circulars — Zero-Rated Supply

All Central Tax (CT), Integrated Tax (IT) notifications, and CBIC circulars that directly affect zero-rated supply, export of services, refund mechanism, and LUT/Bond procedures — updated for 2025-26.

Foundational & Refund Notifications

16/2017-IT

Zero-Rated Supply — LUT/Bond Conditions (Original Notification)

The foundational notification under Section 16(3)(a) of IGST Act specifying the conditions, safeguards, and procedure for making zero-rated supplies under LUT or Bond. Prescribed Form RFD-11 and conditions including the requirement that the registered person must not have been prosecuted for tax evasion above ₹2.5 crore in the preceding 5 years. Effective from 01.07.2017.

Date: 07.07.2017 | Effective: 01.07.2017

CBIC Portal ↗
37/2017-CT

CGST (4th Amendment) Rules — Refund Rules 89–97A Notified

Notified the complete refund rules including Rule 89 (application for refund), Rule 89(4) (formula for ITC refund on zero-rated supply), Rule 96 (refund of IGST on goods exported), Rule 96A (LUT/Bond procedure). These rules form the procedural backbone for all zero-rated supply refunds. Subsequently amended multiple times.

Date: 04.10.2017

14/2017-GST (Cir)

Circular — Clarification on Export of Services and Forex Receipt

Clarified that: (a) receipt of payment in EEFC account by the service exporter qualifies as receipt in convertible foreign exchange; (b) in case of services exported where INR payment is received from NRI or foreign national on behalf of overseas recipient, this qualifies only if RBI permits such receipt; (c) netting of receivables/payables does not qualify. Still a key reference circular for IT/ITES exporters.

Date: 06.11.2017

54/2018-CT

Amendment to Rule 89(4) — Export Turnover of Services Redefined

Amended Rule 89(4) to redefine "turnover of zero-rated supply of services" to clarify the payment-received basis of computing export service turnover for ITC refund purposes. This notification addressed the controversy where some companies were computing export turnover based on invoices raised rather than payments received, leading to inflated refund claims. The amendment tightened the definition to include only amounts actually received in convertible forex during the refund period.

Date: 09.10.2018

26/2022-CT

Amendment — Rule 89(4) Further Revised — Filco Trade Centre Impact

Post the Supreme Court judgment in Filco Trade Centre Pvt. Ltd. vs Union of India (2022), CBIC amended Rule 89(4) to restore the computation method to "payments received during the relevant period" basis, while also issuing clarificatory Circular 174/06/2022 to address transitional issues. This amendment provides finality to the long-running dispute on how to compute "turnover of zero-rated supply of services."

Date: 26.12.2022

Intermediary Services & Place of Supply Clarifications

159/15/2021

Circular — Scope of Intermediary Services under Section 13(8)(b)

Issued in the context of high-pitched disputes about intermediary services. Clarified that an entity performing the main supply (not acting as an agent arranging between two other parties) is NOT an intermediary. An Indian company that directly provides IT services, consulting, legal, or other services to a foreign client is NOT an intermediary — it is the principal supplier. Only agents/brokers earning commission for facilitating transactions between third parties are intermediaries. This circular significantly helped reduce wrongful demand notices on IT exporters.

Date: 20.05.2021

View Circular ↗
Finance Act 2023

Amendment — Section 13(8)(b) Retained Despite Industry Objections

The Finance Act, 2023 made Section 13(8)(b) (intermediary — place of supply at supplier location) a permanent feature with retrospective effect from 01.07.2017, overriding certain High Court decisions that had struck it down. This means intermediary services by Indian entities to foreign clients continue to have their place of supply in India, making zero-rating impossible for genuine intermediaries. The Supreme Court challenge to this amendment is pending as of 2025-26.

Finance Act, 2023 — effective retrospectively from 01.07.2017

Recent Notifications (2024-25 & 2025-26)

08/2024-IT

Amendments to Zero-Rated Supply Provisions — Finance Act 2024

The Finance Act, 2024 amended Section 16 of the IGST Act to address the issue of certain supplies to SEZ for non-authorised operations being incorrectly claimed as zero-rated. The amendment clarifies that zero-rating is strictly limited to supplies for authorised operations. Additionally, notification expanded the list of documents acceptable as evidence for endorsement by SEZ Specified Officer, simplifying compliance for large volume suppliers to SEZ units.

Date: 2024 | Effective: As notified

CBIC Circular 2025

Circular — IGST Refund on Exports — Resolving ICEGATE Data Mismatch Issues

CBIC issued a circular in 2025 addressing the persistent problem of IGST refund being stuck due to mismatches between GSTR-1 data and Shipping Bill data on ICEGATE. The circular provides a mechanism for exporters to approach the jurisdictional GST officer to get manual intervention for data correction, along with a time limit of 90 days for officers to resolve such cases. Critical for exporters who have pending IGST refunds due to data errors.

Date: 2025 | Refer to CBIC portal for exact notification

CBIC Portal ↗

Data & Charts — Zero-Rated Supply & Export Refunds

Key statistics on India's GST export refund trends, zero-rated supply composition, and refund processing timelines to understand the scale and importance of zero-rated supply in India's GST ecosystem.

IGST Refunds on Exports (₹ Lakh Crore)

Annual IGST refund disbursals to exporters — FY18 to FY25*

Zero-Rated Supply — Refund Category Breakdown

Share of different refund categories in total export refunds

Sector-wise Export Refund Claims (% of Total)

Top sectors claiming IGST/ITC refunds on zero-rated supplies — FY25

Export of Services vs Goods — Zero-Rated Turnover (₹ Lakh Crore)

Growth in goods and services zero-rated turnover — FY19 to FY25*

Compliance Checklist — Zero-Rated Supply

A comprehensive, actionable checklist for exporters and SEZ suppliers to ensure all conditions are met for valid zero-rating, correct refund claims, and clean compliance records.

  • LUT Filing: File Form RFD-11 (LUT) on the GST portal at the start of each financial year (before 1 April). Ensure the LUT mentions both exports and SEZ supplies if applicable. Keep a copy of the ARN for each financial year.
  • Tax Invoice — Mandatory Declaration: Every export invoice must carry the legally required declaration — either "without payment of IGST" (under LUT) or "on payment of IGST" (Route 2). The invoice must show GSTIN, IGST rate, HSN/SAC code, shipping details, and currency of payment.
  • Export of Goods — 3-Month Condition: Track export shipment dates against invoice dates. Ensure all goods invoiced under LUT are shipped within 3 months. Set up internal alerts for invoices approaching the 3-month deadline.
  • Export of Services — Foreign Exchange Realisation: Monitor forex receipt against each export invoice. Ensure FIRC/e-FIRC/BRC is obtained from the bank within 1 year. Maintain a reconciliation of invoices vs. forex received for each refund period.
  • GSTR-1 Filing — Export Tables: Report all export invoices in GSTR-1 Table 6A (exports with IGST) or Table 6B (exports without IGST / under LUT). Ensure GSTIN, invoice number, date, HSN, and value match exactly with the Shipping Bill / Bill of Export filed with Customs (ICEGATE).
  • GSTR-3B — Zero-Rated Reporting: Report zero-rated supply (without tax) in GSTR-3B Table 3.1(b). Do NOT net the zero-rated turnover with ITC — report gross turnover and claim ITC separately. Incorrect reporting in 3B is the most common cause of refund mismatch.
  • SEZ Supplies — Endorsement: For every supply to an SEZ unit/developer, obtain the endorsement from the Specified Officer confirming the supply is for authorised operations. File the endorsed copy with the GST refund application. Maintain the endorsement records for at least 5 years.
  • ITC Reconciliation — No Blocked Credits in Refund: Before filing RFD-01, reconcile the ITC claimed in the refund with the electronic credit ledger. Ensure no blocked credits under Section 17(5) are included. Ensure RCM ITC (which is eligible for refund only in limited cases) is correctly treated.
  • RFD-01 Filing — Refund Application: File Form RFD-01 on the GST portal within 2 years from the relevant date. Attach all required documents: GSTR-2A printout, statement of invoices, FIRC/BRC for services, shipping bills, self-certified statement, CA certificate (where required).
  • Annual Return (GSTR-9) Reconciliation: Reconcile zero-rated supply turnover in GSTR-9 (Annual Return) with GSTR-1 and GSTR-3B. Export turnover discrepancies in GSTR-9 trigger scrutiny and can cause refund delays for subsequent years.
  • Deemed Export — Separate Treatment: Do NOT club deemed exports (supplies against EPCG/Advance Authorisation under Section 147) with zero-rated supplies in refund applications. Deemed export refunds follow a separate procedure (Rule 89(4B)) and must be filed separately.
  • Foreign Exchange Realisation — 1-Year Monitoring: Maintain a monthly tracker of outstanding forex realisations against export service invoices. Issue proforma invoices to foreign clients where needed to facilitate faster forex remittance. Seek FEMA extension from AD Bank for delay beyond 1 year where genuine delays occur.

Advanced FAQ — Zero-Rated Supply Under GST

Frequently asked questions covering advanced scenarios, edge cases, and common compliance challenges faced by exporters, SEZ suppliers, and GST professionals in 2025-26.

No. Rule 96(10) of the CGST Rules explicitly prohibits the export refund of IGST where the exporter or the supplier of inputs/input services has availed the benefit of: (a) Notification 48/2017-CT (advance authorisation for zero-rated imports of inputs), (b) Notification 40 or 41/2017-CT (lower rate on inputs for exports), or similar export promotion schemes. If an exporter uses Advance Authorisation to import duty-free inputs, they must export under LUT (without IGST) and claim ITC refund — they cannot pay IGST and seek IGST refund. Choosing the wrong route leads to refund rejection and potential demand for IGST with interest.
This is a nuanced question. Section 23(1)(a) of the CGST Act exempts persons whose aggregate turnover is below the threshold (₹20 lakh for services) from mandatory registration. However, Section 24(vii) mandates registration for persons making inter-state taxable supplies. Export of services is an inter-state supply (from India to outside India). Therefore, technically, even a small exporter making inter-state exports must register. HOWEVER, CBIC Notification 10/2017-IT and CBIC Circular 78/52/2018-GST have effectively exempted service exporters below the threshold from mandatory registration for their export transactions. Practical advice: Register voluntarily to claim ITC refunds — even small service exporters benefit significantly from ITC refunds.
The 2-year limitation period under Section 54(1) of the CGST Act is mandatory. A refund application filed beyond 2 years from the "relevant date" will be time-barred and will be rejected. The GST department has consistently refused to condone delay beyond 2 years even in cases of genuine hardship. The "relevant date" for zero-rated supply is: (a) For goods exports — date on which the ship/aircraft departed India (date of Shipping Bill "Let Export Order"); (b) For services exports — date of receipt of foreign exchange; (c) For SEZ supply — date of receipt of goods/services by SEZ unit. Critical: For service exporters receiving delayed forex, the 2-year clock starts from the forex receipt date, not the invoice date — so late forex receipt paradoxically extends the refund window.
It depends on the nature of the platform's role: (a) If the platform is an intermediary (aggregating and facilitating transactions between Indian service providers and foreign users, earning commission), the place of supply = India under Section 13(8)(b), and the commission income is NOT zero-rated. (b) If the platform itself provides the service (OIDAR — Online Information and Database Access or Retrieval services — like a SaaS company, streaming platform, or cloud service) directly to foreign users, and the recipient is outside India and payment is received in convertible forex, it qualifies as export of services — zero-rated. (c) For export of goods through e-commerce platforms to foreign buyers: this is a physical export and qualifies as zero-rated if all customs export conditions are met (shipping bill, etc.).
This has been a long-contested area. The position as of 2025-26 is: (a) Freight paid to a foreign shipping line for export of goods: Service of transportation of goods by sea/air from Indian port to foreign port — place of supply is outside India (destination), hence zero-rated. No GST payable under RCM by the Indian exporter on the freight paid to the foreign shipping company. (b) Freight paid to an Indian shipping company/freight forwarder for the same export: Place of supply is outside India (destination country under Section 12(8) for goods transportation). GST at applicable rate may apply on the Indian leg. However, CBIC has clarified through various circulars that transportation of export goods from Indian port to the foreign destination is zero-rated as it is part of the export transaction. ITC on freight paid for exports is available to the exporter and included in the refund calculation.
Yes, but with a caveat. Section 54(3) permits refund of unutilised ITC in cases where the credit accumulation is on account of zero-rated supplies. The refund can be claimed for any tax period. However, if there are zero outward supplies in the period (no exports, no SEZ supplies), the refund formula under Rule 89(4) results in zero refund (since zero-rated turnover = 0, the numerator = 0). Therefore, you can technically file for a period with no exports, but no refund would be payable for that period under the formula. Best practice: Accumulate ITC and claim refund for a period where there is at least some export/SEZ turnover, to maximize the refundable amount under the formula.
Yes, but with a refund mechanism. Deemed exports (Section 147 of CGST Act) — which include supply of goods to EOU and EHTP units — are NOT zero-rated under Section 16 of the IGST Act. GST is payable at applicable rates on such supplies. However, the supplier (DTA supplier) can claim a refund of the GST paid on deemed export supplies under Rule 89(4B), OR the recipient (EOU) can claim the refund. The refund in case of deemed exports is capped at: 65% of IGST rate or integrated rate (for IGST supplies) under the formula in Rule 89(4B). This is different and less beneficial than the full ITC refund available for genuine zero-rated supplies under Section 16.
The automated IGST refund mechanism for goods exports works as follows: (1) Exporter files GSTR-1 with shipping bill details in Table 6A; (2) GSTN transmits the data to ICEGATE (Customs); (3) ICEGATE matches the GSTR-1 data with the Shipping Bill data (invoice number, GSTIN, IGST amount, port code, shipping bill number); (4) On successful matching, ICEGATE transmits refund sanction to GSTN; (5) GSTN credits the refund to the exporter's bank account (linked to GSTIN). Common causes of failure/delay: (a) Invoice number mismatch between GSTR-1 and Shipping Bill; (b) GSTIN not mentioned or wrongly mentioned on Shipping Bill; (c) IGST amount mismatch due to rounding; (d) GSTR-3B not filed or IGST amount not paid; (e) Shipping Bill not filed in the correct format. CBIC has issued detailed circulars on resolution of these mismatches — exporters must approach their jurisdictional officer for manual intervention when auto-refund fails.