Section 147 of the CGST Act, 2017

Deemed Exports. Understand when a domestic supply of goods can receive the special “deemed export” treatment, why the goods do not physically leave India, which supplies are notified, and how GST payment and refund treatment works.

CGST Act Section 147Deemed ExportsGST RefundAdvance AuthorisationEPCGEOU

Section 147 at a Glance

Basic ideaCertain domestic supplies of goods can be notified as “deemed exports” even though the goods do not leave India.
PaymentSection 147 requires payment to be received in Indian rupees or convertible foreign exchange for the notified category.
Tax treatmentDeemed exports are not the same as zero-rated exports. GST is generally charged, with a separate refund mechanism subject to conditions.
In simple language: A deemed export is a special GST category for specified supplies that stay within India but are treated as deemed exports because the Government has notified them under Section 147. The supplier still makes a domestic supply; the special status mainly affects the benefits and refund framework available under GST.

Contents

1. Statutory Text of Section 147

147. Deemed Exports.—

The Government may, on the recommendations of the Council, notify certain supplies of goods as deemed exports, where the goods supplied do not leave India, and payment for such supplies is received either in Indian rupees or in convertible foreign exchange, if such goods are manufactured in India.
Current-law framework: Section 147 itself does not permanently list every transaction that qualifies. It empowers the Government, on the recommendations of the GST Council, to notify supplies meeting the statutory framework. Notification No. 48/2017-Central Tax was issued for this purpose, and CBIC's notification index continues to identify it as the notification for certain deemed exports.

2. Section 147 Explained in Simple Language

The word “export” normally makes people think of goods physically leaving India. Section 147 creates a special statutory concept called deemed exports.

Under this concept, certain supplies of goods can be treated as deemed exports even though the goods remain within India. The Government must notify the particular category on the recommendation of the GST Council.

Most important distinction: Deemed export is not the same as a physical export. The goods do not leave India. It is also not automatically zero-rated merely because the words “deemed export” are used.

Why was this concept introduced?

The GST framework recognises that some domestic supplies are closely connected with export-oriented or specified economic activities. Instead of requiring physical movement of those goods outside India, the law can provide a special deemed-export treatment for notified transactions.

This can be particularly relevant to suppliers dealing with Advance Authorisation holders, EPCG Authorisation holders and Export Oriented Units, subject to the exact conditions of the applicable notification and other law.

3. Core Conditions Under Section 147

ConditionWhat it means
Government notificationThe particular supply must be notified under Section 147.
Recommendation of GST CouncilThe notification power operates on the Council's recommendations.
GoodsSection 147 refers specifically to supplies of goods, not services.
Goods do not leave IndiaThe goods remain within India; physical export is not required for deemed-export status.
PaymentPayment must be received in Indian rupees or convertible foreign exchange within the statutory framework.
Manufactured in IndiaThe statutory text refers to goods manufactured in India.
Notification conditionsThe specific notified category may impose additional requirements that must also be satisfied.
Do not stop at Section 147. A transaction should not be called a deemed export merely because it resembles an export-oriented transaction. Check the applicable notification and conditions for the specific supply.

4. Supplies Notified as Deemed Exports

Notification No. 48/2017-Central Tax, dated 18 October 2017, notified certain supplies as deemed exports under Section 147. CBIC's official notification index identifies the notification as the instrument notifying certain supplies as deemed exports.

The principal categories notified include:

No.Notified categorySimple explanation
1Supply of goods by a registered person against Advance AuthorisationA registered domestic supplier supplies goods to an Advance Authorisation holder, subject to the notification's conditions.
2Supply of capital goods by a registered person against Export Promotion Capital Goods AuthorisationSpecified capital goods supplied to an EPCG Authorisation holder can qualify, subject to the notification.
3Supply of goods by a registered person to an Export Oriented UnitSpecified supplies to an EOU can qualify as deemed exports, subject to the notification and applicable procedures.
Important: This is a statutory notified category, not a general rule that all supplies to exporters, manufacturers, EOUs or licence holders are deemed exports.

5. Advance Authorisation and Deemed Exports

Advance Authorisation is a trade-policy mechanism associated with duty-free import of inputs for manufacture of export products, subject to the applicable foreign trade framework.

Under the GST deemed-export notification, specified supplies of goods by a registered person against Advance Authorisation are included in the notified category.

Example:

Manufacturer A in India supplies specified raw materials to Company B, which holds a valid Advance Authorisation. The transaction is made for the notified purpose and all applicable conditions are satisfied. The supply can fall within the deemed-export category notified under Section 147.

What should the supplier verify?

6. EPCG Authorisation and Deemed Exports

EPCG stands for Export Promotion Capital Goods. The relevant trade-policy framework facilitates import or procurement of capital goods for specified export obligations.

Section 147's notified deemed-export framework includes specified supply of capital goods by a registered person against EPCG Authorisation.

Example:

An Indian machinery manufacturer supplies qualifying capital equipment to a registered customer holding an EPCG Authorisation. If the transaction satisfies the notified conditions, the domestic supply can receive deemed-export treatment.

Practical caution: “EPCG” appearing on a purchase order is not by itself sufficient. The finance team should verify the authorisation, recipient details, goods, quantity/value conditions and applicable documentation.

7. Supplies to an Export Oriented Unit (EOU)

Specified supplies of goods by a registered person to an EOU are included in the notified deemed-export framework.

An EOU is still subject to GST law as applicable to registered persons. The special deemed-export treatment does not mean that the supplier should simply treat the invoice as a normal zero-rated export invoice.

Example:

A registered supplier supplies qualifying goods to a registered EOU. The goods are delivered within India and do not cross the customs frontier. If the transaction satisfies Notification No. 48/2017 and other applicable conditions, it can qualify as a deemed export.

CBIC materials have also clarified that EOUs continue to operate under the GST framework and that GST is payable on supplies made to them, subject to the applicable provisions.

8. Are Deemed Exports Zero-Rated?

No. This is one of the most important points for taxpayers.

Physical exports and supplies to SEZs are dealt with under the zero-rated supply framework of the IGST Act. Deemed exports under Section 147 are a separate CGST Act concept.

PointPhysical exportDeemed export
Goods leave India?Yes.No.
Zero-rated supply?Generally yes, subject to the IGST Act.No, deemed export is not itself a zero-rated supply.
GST on domestic invoice?Export may be made with or without payment of IGST under the applicable route.GST is generally charged on the deemed-export supply.
Refund mechanismZero-rated refund routes under the IGST Act/CGST Rules may apply.Separate deemed-export refund provisions under the CGST Rules apply subject to conditions.
Common accounting mistake: Do not automatically report a deemed-export invoice as “export without payment of tax” merely because the recipient has an Advance Authorisation, EPCG Authorisation or EOU status.

9. Refund of GST on Deemed Exports

Because deemed exports are taxable domestic supplies, GST may first be paid on the supply. The GST Rules provide a separate refund mechanism for tax paid on notified deemed-export supplies.

CBIC's refund rules identify deemed exports as a specific refund category and require invoice-level details and other documentary evidence.

Typical refund concept

  1. Supplier makes a qualifying deemed-export supply.
  2. GST is charged and paid in accordance with the applicable law.
  3. The transaction is reported in the GST returns.
  4. The eligible claimant applies for refund using the prescribed mechanism.
  5. Required invoice-level and other evidence is furnished.
  6. The refund is processed subject to the applicable rules and verification.
Important: A deemed-export refund is not the same as treating the outward supply as zero-rated from the beginning. The tax payment and refund mechanism must be handled according to the specific GST rules and applicable circulars.

10. Supplier vs Recipient Refund

The refund mechanism for deemed exports has had specific procedural clarifications because both the supplier and recipient can be involved in the refund process under the applicable rules and circulars.

CBIC Circular No. 147/03/2021-GST clarified the position for recipients claiming refund of tax paid on deemed-export supplies and addressed the portal requirement for debiting the relevant amount from the electronic credit ledger. It also modified earlier guidance regarding ITC availment by recipients for this limited refund mechanism.

IssuePractical control
Who claims refund?Identify the claimant under the applicable Rule 89 route and current procedure.
Duplicate claimEnsure supplier and recipient do not both claim refund for the same tax amount contrary to the applicable conditions.
Invoice mappingMaintain invoice number, date, value and tax amount exactly as reported.
ITC positionFollow the current circular/rule treatment applicable to the recipient's refund claim.
UndertakingWhere required, obtain the prescribed undertaking from the other party.

11. Invoice and Documentation for Deemed Exports

A deemed-export transaction should be supported by a complete evidence trail. The supplier should not rely only on the recipient's statement that the purchase is for export purposes.

Suggested document checklist

Best practice: create a separate “Deemed Export File” for every major transaction or recipient so that the transaction can be defended months later during refund verification or departmental audit.

12. Detailed Practical Examples

Example 1 – Advance Authorisation

A registered manufacturer supplies qualifying goods against a valid Advance Authorisation. The goods remain in India. If the notification conditions are satisfied, the supply may be a deemed export.

Example 2 – EPCG capital goods

A machinery manufacturer supplies qualifying capital goods against a customer's EPCG Authorisation. The goods are delivered domestically. The transaction can qualify under the notified deemed-export category.

Example 3 – EOU supply

A registered supplier sells qualifying raw materials to an EOU. The goods do not leave India. Subject to the notification and documentation, the supply can be treated as deemed export.

Example 4 – Normal sale to an exporter

A supplier sells ordinary goods to a company that later exports finished products. Unless the transaction independently falls within a notified deemed-export category, it is simply a normal domestic taxable supply.

Example 5 – Deemed export is not zero-rated

A supplier makes a qualifying deemed-export supply and charges GST. The supplier should not automatically issue an export-without-IGST invoice merely because the transaction is a deemed export.

Example 6 – Refund claim

The eligible claimant pays/has tax paid on the deemed-export supply and subsequently applies for refund under the applicable Rule 89 mechanism with invoice-level evidence.

Example 7 – Duplicate refund risk

Supplier and recipient both prepare refund claims for the same invoice. The finance teams must coordinate and follow the applicable undertaking/claimant rules to avoid duplicate benefit.

Example 8 – Invalid authorisation

A purchase order refers to an Advance Authorisation that has expired or does not cover the goods. The supplier should not automatically treat the transaction as deemed export.

Example 9 – Incorrect GSTIN

The supplier uses an incorrect recipient GSTIN on the invoice. Even where the underlying transaction is eligible, the documentation error can create refund and reconciliation problems.

Example 10 – EOU status alone

A customer says it is an EOU, but the supplier has no supporting documentation. The accounts team should obtain and verify the relevant evidence before applying deemed-export treatment.

Example 11 – Payment mismatch

The invoice is for ₹50 lakh but the payment trail relates to a different amount and different invoice. The refund file should be reconciled before submission.

Example 12 – Multiple invoices

A customer has 100 deemed-export invoices. Prepare an invoice-level schedule matching invoice number, date, taxable value, GST, authorisation reference and payment.

13. Finance & GST Workflow for Deemed Exports

  1. Identify the transaction: determine whether the supply is goods and whether the proposed category is one notified under Section 147.
  2. Verify recipient: check GSTIN and relevant authorisation/status.
  3. Verify goods: ensure the goods and quantity/value satisfy the applicable notification/authorisation.
  4. Issue tax invoice: apply the correct domestic GST treatment.
  5. Record accounting: book taxable value and GST separately.
  6. Report in returns: disclose the transaction in the appropriate return tables.
  7. Track payment: reconcile bank receipt with invoice and recipient records.
  8. Prepare refund file: identify the eligible claimant and compile prescribed evidence.
  9. Reconcile refund: match application, invoice schedule, return and electronic ledger data.
  10. Archive: retain approval, authorisation, invoice, transport, payment and refund records.
Recommended control: maintain a Deemed Export Register with one row per invoice. This prevents a transaction from being treated as ordinary export, domestic supply and deemed export at different stages of the accounting/refund process.

14. Deemed Export Reconciliation Format

A practical register can contain the following columns:

FieldPurpose
Serial No.Internal reference.
Supplier GSTINIdentifies supplier registration.
Recipient GSTINIdentifies recipient.
Recipient categoryAdvance Authorisation / EPCG / EOU, as applicable.
Authorisation No.Links invoice to authorisation.
Invoice No. & DatePrimary transaction reference.
Taxable ValueValue used for GST calculation.
CGST / SGST / IGSTTax charged.
Payment DateBank realisation tracking.
Return PeriodGST return reporting period.
Refund ClaimantSupplier/recipient according to applicable route.
Refund ARNApplication tracking.
Refund SanctionedFinal status.
RemarksExceptions and follow-up.

15. Common Mistakes in Deemed Export Transactions

“Deemed export means zero-rated export.”

Incorrect. Deemed exports are a separate category and are not automatically zero-rated.

“Any supply to an EOU is automatically deemed export.”

The supply must satisfy the applicable notified category and conditions.

“Any sale to an exporter is deemed export.”

No. The transaction must fall within the notified framework.

“No GST should be charged.”

Deemed-export supplies are generally taxable domestic supplies, with a separate refund mechanism subject to conditions.

“The customer's authorisation need not be checked.”

Authorisation and transaction-specific evidence can be critical to establishing eligibility.

“Supplier and recipient can both freely claim the same refund.”

The refund framework contains safeguards against duplicate benefit. Coordinate the claim and undertakings as applicable.

“Section 147 itself lists all eligible transactions.”

No. Section 147 empowers notification; the specific notified categories must also be examined.

“A deemed-export refund is the same as an export refund.”

No. The legal basis and procedural route are different.

16. Deemed Export vs Physical Export vs SEZ Supply

FeaturePhysical exportDeemed exportSEZ supply
Goods leave India?Yes.No.Goods/services supplied to SEZ unit/developer under the applicable framework.
Legal conceptExport under the IGST Act.Notified supply under CGST Act Section 147.Zero-rated supply under the IGST Act, subject to conditions.
Zero-rated?Yes, subject to law.No.Yes, subject to law.
GST invoice treatmentExport invoice/appropriate zero-rated route.Domestic taxable invoice with GST, subject to applicable treatment.Applicable SEZ zero-rated documentation.
RefundZero-rated refund routes may apply.Specific deemed-export refund route.Specific zero-rated refund route.
Key takeaway: The business purpose may be export-oriented in all three situations, but the GST legal treatment is different.

17. Questions People Commonly Search

18. Frequently Asked Questions

1. What is Section 147 of the CGST Act?

It empowers the Government, on the recommendations of the GST Council, to notify certain supplies of goods as deemed exports where the goods do not leave India and the statutory payment/manufacturing conditions are satisfied.

2. What is deemed export in GST?

It is a statutory category of specified domestic supplies of goods that are treated as deemed exports even though the goods remain within India.

3. Are deemed exports zero-rated?

No. Deemed exports are not zero-rated merely because they are called deemed exports. GST is generally charged and a separate refund mechanism may apply.

4. Which supplies are notified as deemed exports?

Notification No. 48/2017-Central Tax notified specified categories, principally supplies against Advance Authorisation, qualifying capital goods against EPCG Authorisation and specified supplies to EOUs, subject to the notification's conditions.

5. Is supply to an EOU a deemed export?

Specified supplies to an EOU can qualify under the notified category, subject to the applicable conditions and documentation.

6. Is supply against Advance Authorisation deemed export?

Specified supply of goods by a registered person against Advance Authorisation is included in the notified deemed-export category, subject to conditions.

7. Is supply of capital goods against EPCG deemed export?

Specified supply of capital goods by a registered person against EPCG Authorisation is included in the notified category, subject to conditions.

8. Does the goods have to leave India?

No. The fact that goods do not leave India is one of the defining features of Section 147 deemed exports.

9. Is GST payable on deemed exports?

Generally, yes. Deemed-export supplies are domestic taxable supplies, and a separate refund mechanism may be available subject to the applicable rules.

10. Can GST paid on deemed exports be refunded?

Yes, the CGST Rules contain a specific refund mechanism for tax paid on deemed-export supplies, subject to eligibility and documentary requirements.

11. Can the recipient claim refund?

The refund framework and CBIC clarifications provide for a recipient route subject to prescribed conditions. Circular No. 147/03/2021-GST addressed recipient refund and the related electronic-credit-ledger procedure.

12. Can the supplier claim refund?

A supplier route has also been provided in the deemed-export refund framework subject to the applicable conditions, evidence and undertakings. The claimant should verify the current Rule 89 procedure before filing.

13. Is deemed export the same as SEZ supply?

No. SEZ supplies fall under the zero-rated framework, while deemed exports are a separate Section 147 category.

14. Is deemed export available for services?

Section 147 specifically refers to supplies of goods. It does not create a deemed-export category for services.

15. What payment condition appears in Section 147?

The statutory text refers to payment being received either in Indian rupees or in convertible foreign exchange.

16. What does “manufactured in India” mean in Section 147?

The statutory provision includes a condition concerning goods manufactured in India. Eligibility should be assessed against the actual goods and the applicable notified category.

17. What is Notification No. 48/2017-Central Tax?

It is the principal Central Tax notification issued under Section 147 to notify certain supplies as deemed exports.

18. What documents should be retained?

Keep the invoice, recipient GSTIN, relevant authorisation/status documents, purchase order, transport/receipt evidence, payment proof, return reporting and refund documentation.

19. Quick Revision – Section 147

  • Section 147 = Deemed Exports.
  • Government may notify certain supplies on GST Council recommendations.
  • Section 147 applies to supplies of goods.
  • The goods do not leave India.
  • Payment is received in Indian rupees or convertible foreign exchange.
  • The statutory text refers to goods manufactured in India.
  • Specific supplies must be notified; Section 147 is not a blanket deeming provision.
  • Notification No. 48/2017-Central Tax notified specified categories including Advance Authorisation, EPCG capital goods and EOU supplies.
  • Deemed exports are not zero-rated.
  • GST is generally charged on the domestic supply.
  • A separate refund mechanism is available subject to the CGST Rules and prescribed evidence.
  • Maintain invoice-level documentation and coordinate supplier/recipient refund claims to avoid duplicate benefit.

20. Legal Disclaimer

This page is provided for general educational and compliance-workflow purposes. Deemed-export eligibility depends on the statutory provision, the applicable notification, GST Rules, foreign-trade authorisation and other conditions relevant to the transaction. Refund procedures and portal requirements may change. Verify the law, notifications, circulars and procedures applicable to the relevant date before acting. This page is not a substitute for professional legal or tax advice.