GST Council likely to align export definition with forex earnings, clarify on overseas branch services

On October 7, the GST Council is expected to discuss a proposal to redefine exports based on foreign exchange earnings and address confusion around services supplied through overseas branches, according to sources. The proposed change aims to clarify the status of services exported through an Indian company's branch office abroad, which is common for firms with international clients.

Currently, GST law requires the supplier and recipient not to be the same entity for a service to be considered export. However, a supply routed through the exporter's overseas office currently falls under this definition. The GST Council will now evaluate whether to remove this condition, focusing on the customer's location and the exporter's arrangement of overseas presence, rather than the specific structure.

This proposal would benefit IT/ITeS, BPO/KPO, GCCs, R&D centers, testing laboratories, and engineering & design firms by providing zero-rated treatment and improving access to refunds. The reforms could enhance Indian service providers' competitiveness in global contracts and align GST rules with international business models, ultimately boosting foreign exchange earnings for the Indian economy.