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THE HIMACHAL PRADESH GOODS AND SERVICES TAX ACT, 2017 NOTIFICATIONS
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Body Notification No. 37/2018-State Tax, No.EXN-F(10)-28/2018 Dated: 29th September , 2018

In exercise of the powers conferred by section 54 and sub-section (3) of section 164 of the Himachal Pradesh Goods and Services Tax Act, 2017, and sub-rule (5) of rule 96A of the Himachal Pradesh Goods and Services Tax Rules, 2017, the Governor of Himachal Pradesh is pleased to specify conditions and safeguards for furnishing a Letter of Undertaking in place of a Bond by a registered person who intends to supply goods or services for export without payment of integrated tax -

(i) all registered persons who intend to supply goods or services for export without payment of integrated tax shall be eligible to furnish a Letter of Undertaking in place of a bond except those who have been prosecuted for any offence under the Himachal Pradesh Goods and Services Tax Act, 2017 (10 of 2017) or the Integrated Goods and Services Tax Act, 2017 (13 of 2017) or any of the existing laws in force in a case where the amount of tax evaded exceeds two hundred and fifty lakh rupees;

(ii) the Letter of Undertaking shall be furnished on the letterhead of the registered person, in duplicate, for a financial year in theannexure to FORM GST RFD - 11 referred to in sub-rule (1) of rule 96A of the Himachal Pradesh Goods and Services Tax Rules, 2017 and it shall be executed by the working partner, theManaging Director or the Company Secretary or the proprietor or by a person duly authorisedby such working partner or Board of Directors of such company or proprietor;

(iii) the Letter of Undertaking shall cease to be valid if the registered person fails to pay the tax due along with interest, as specified under sub-rule (1) of rule 96A of Himachal Pradesh Goods and Services Tax Rules, 2017, within the period mentioned in clause (a) and clause (b) of the said sub-rule and it shall resume being valid after such tax and interest is paid.

2. The provisions of this notification shall mutatis mutandis apply in respect of zero-rated supply of goods or services or both made by a registered person (including a Special Economic Zone developer or Special Economic Zone unit) to a Special Economic Zone developer or Special Economic Zone unit without payment of integrated tax.

3. This notification shall come into force with retrospective effect from 04.10.2017.

By order,

(Jagdish Chander Sharma)

Principal Secretary (E&T) to the

Government of Himachal Pradesh