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Export Without LUT: GST Consequences and How to Still Get Your Refund

Under section 16 of the IGST Act (sub-sections (3) and (4)), a zero-rated supply is made either under bond or LUT without IGST, or on payment of IGST with a refund. If you paid...

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GST
Published
September 30, 2026
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Oct 1, 2026
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Last updated: October 2026Applies to: FY 2026-27Verified against: Government sources

A Letter of Undertaking lets you export without paying IGST. Forgetting to file it for the year is one of the most common exporter mistakes, and it usually comes to light when the refund is filed or a notice arrives. The consequences depend on what you actually did on the invoices, and in most cases the refund can still be saved.

What the LUT does

The LUT is filed online in FORM GST RFD-11. It is accepted as soon as the ARN is generated and is valid for the whole financial year. It is available to all registered persons except those prosecuted for an offence where the tax evaded exceeds ₹250 lakh; they must furnish a bond with a bank guarantee instead.

Without an LUT or bond, the law does not permit an export without payment of IGST. That is the root of every consequence below.

Three situations, three outcomes

What happenedLegal positionWhat to do
No LUT, IGST charged and paid on the export invoiceValid zero-rated supply on payment of IGSTClaim the IGST: shipping bill route for goods (Rule 96), RFD-01 for services
No LUT, invoice issued without IGSTTax due with interest; zero-rating benefit still available on the factsSeek ex post facto acceptance of the LUT; file the current year's LUT now
No LUT, GST deposited later (for example through DRC-03) only because the LUT was missingPayment made because of the missing LUTClaim the refund under "Any Other", with the zero-rating proof

Situation 1: you paid IGST

Nothing is wrong. You followed the other zero-rating route. For goods, the shipping bill is the refund application once the manifest is filed and GSTR-3B is filed, and GSTR-1 Table 6A must match the shipping bill. For services, file RFD-01 for the IGST paid. One point: IGST-route refunds are not available for goods restricted under Notification 01/2023-Integrated Tax, and section 54(15) bars refunds where the goods are subject to export duty.

Situation 2: you charged nothing and had no LUT

Here the invoice says "without payment of IGST", but the condition for that route was not met. The Refunds Handbook reproduces the CBIC position on condonation: the substantive benefit of zero-rating may not be denied where it is established that exports were made in terms of the law, and the delay in furnishing the LUT will be condoned, with the LUT facility allowed on an ex post facto basis, taking into account the facts of each case.

In practice, file the LUT for the current year straight away, then approach the jurisdictional officer for condonation of the missed period with evidence that the goods left India or the service payment was received. If an officer insists on tax, you are back to Situation 3.

If you are unsure which situation you are in, or an officer has already raised the point, our LUT export refund team can review the invoices and take the condonation request forward.

Situation 3: you deposited the tax because the LUT was missing

The Refunds Handbook answers this directly in its FAQs: where GST was paid solely because an LUT was not executed, the taxpayer can claim a refund under the "Any Other" category on the portal, provided all other conditions of zero-rated supply are satisfied and the payment was made because of the missing LUT.

Illustration: A services exporter forgets the LUT for a year and issues invoices without IGST worth ₹80 lakh. On audit, it deposits IGST at an illustrative 18%, i.e. ₹14.4 lakh, plus interest through DRC-03. All payments had been received in foreign exchange.

  • The ₹14.4 lakh tax is claimable under "Any Other", with the FIRCs, invoices and DRC-03 challan.
  • Expect the interest to be a sunk cost. The Handbook's treatment of Rule 96A payments (below) shows that interest paid for delayed compliance is not refunded.
  • The accumulated ITC for the year remains claimable in the normal way if it was not used to pay the IGST.

The other LUT trap: Rule 96A

Even with a valid LUT, Rule 96A requires IGST with interest within fifteen days after:

  • goods: three months from the invoice date, if the goods have not been exported;
  • services: one year from the invoice date, if payment has not been received in convertible foreign exchange (or permitted INR), or the FEMA period if later.

The Commissioner can extend these periods, including ex post facto. If the IGST is not paid, the LUT facility is deemed withdrawn and exports must be on payment of IGST or under bond with bank guarantee until you pay and the facility is restored.

Circular 197/09/2023-GST softens the blow: when the goods are later exported or the service payment later received, you can claim both the refund of accumulated ITC and the IGST paid under Rule 96A. The interest paid is not refunded.

Check your own numbers on the GST refund calculator.

A checklist so it does not happen again

  • File RFD-11 in the first week of April every year, before the first export invoice.
  • Put the LUT ARN and date on your export invoice template.
  • Track invoices against the Rule 96A deadlines monthly: three months for goods, one year for services.
  • For services, track receipts and FIRCs by invoice, not in bulk.

Need help after exporting without an LUT?

A missed LUT is fixable if it is handled early and with the right evidence. We sort out which situation applies, prepare the condonation request or the "Any Other" refund, and set up the LUT and tracker so the next year is clean. See our export refund under LUT service, or the GST refund on excess tax paid page if tax has already been deposited.

Key takeaways

  • Without an LUT or bond, an export cannot be made without IGST.
  • If you paid IGST, use the IGST-paid refund route; nothing is lost.
  • If you charged nothing, seek ex post facto acceptance of the LUT; zero-rating should not be denied for a procedural lapse.
  • GST paid only because the LUT was missing can be claimed under "Any Other".
  • Rule 96A interest is not refunded, even when the export or payment is completed later.

Read next

Disclaimer: Positions stated as on 30 September 2026, based on the CGST Act and Rules as amended, the Finance Act 2026, and the ICAI Handbook on Refunds under GST (January 2026). Verify current notifications before filing.

Quick recapKey facts & short answers

Key Facts About Export Without LUT

  • Applies in: All states across India, under the relevant central law.
  • Mode: Mostly online via the official government portal.
  • Typical timeline: Ranges from a few days to a few weeks depending on the case.
  • Non-compliance: May attract penalties, interest or late fees.
  • Expert help: TaxClue completes the entire process end to end for you.

Is exporting without an LUT illegal?

Exporting without an LUT is fine if you pay IGST on the export. Exporting without an LUT and without paying IGST leaves tax and interest payable unless the LUT delay is condoned.

Can the LUT be filed for a past period?

The Refunds Handbook records that the delay in furnishing the LUT can be condoned and the facility allowed ex post facto, depending on the facts. File the current LUT immediately and seek condonation for the gap.

Export Without LUT: a key compliance topic in Indian tax and corporate law that businesses and individuals must understand to remain compliant.

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Disclaimer: This article is for general informational purposes only and does not constitute professional tax, legal or financial advice. Laws, rates and due dates change and can vary by individual case — always verify with the relevant government source (e.g. mca.gov.in, incometax.gov.in) or consult a qualified professional before acting. TaxClue accepts no liability for decisions taken based on this content.

People also ask

Questions, answered

Short, direct answers to the 6 questions readers ask most on this topic.

Exporting without an LUT is fine if you pay IGST on the export. Exporting without an LUT and without paying IGST leaves tax and interest payable unless the LUT delay is condoned.

The Refunds Handbook records that the delay in furnishing the LUT can be condoned and the facility allowed ex post facto, depending on the facts. File the current LUT immediately and seek condonation for the gap.

Yes, under the "Any Other" refund category, if all other conditions of zero-rated supply are met and the payment was made because the LUT was missing.

Generally no. The Handbook's reading of Circular 197/09/2023-GST is that interest paid under Rule 96A is compensatory and not refunded.

Persons prosecuted for an offence under the GST or earlier laws where the tax evaded exceeds ₹250 lakh. They must furnish a bond with a bank guarantee.

The LUT is deemed withdrawn until you pay the amount due. Exports in the meantime must be on payment of IGST or under bond.