What will be the treatment of penultimate sale under gst regime? Can the supplier doing penultimate sale still take the benefit of being a excise sale?
Before GST regime
Penultimate Sale means: Sales before the export or say sales to exporter for the purpose of export.
Exporter was eligible to take benefit of tax on penultimate sale against form H. But there is no such provisions under IGST ACT.
Refer section 16 of IGST Act, 2017
Where export IS a zero rated supply.
and as per clause 3 of section 16 of IGST ACT
(3) A registered person making zero rated supply shall be eligible to claim refund under either of the following options, namely:––
(a) he may supply goods or services or both under bond or Letter of Undertaking, subject to such conditions, safeguards and procedure as may be prescribed, without payment of integrated tax and claim refund of unutilised input tax credit; or
(b) he may supply goods or services or both, subject to such conditions, safeguards and procedure as may be prescribed, on payment of integrated tax and claim refund of such tax paid on goods or services or both supplied, in accordance with the provisions of section 54 of the Central Goods and Services Tax Act or the rules made thereunder.
Conclusion: For penultimate supplier :- means sale to exporter is taxable as per normal rate
For exporter:- Export is zero rate supply and he can claim refund of input taxes paid by him.
Hope you got the answer!