Tax Management India. Com
Law and Practice  :  Digital eBook
Research is most exciting & rewarding
  TMI - Tax Management India. Com
Follow us:
  Facebook   Twitter   Linkedin   Telegram

TMI Blog

Home

Clearance to SEZ Units or AA license

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Sir, We are a private bonded warehouse registered under MOOWR, 2019 . We supply to SEZ units or against AA license which are deemed export under GST. Whether we are require to pay BCD and IGST on inputs contained in finished goods supplied to SEZ or against AA? or it will be treated as exports and no need for payment of BCD and IGST. - Reply By Rajagopalan Ranganathan - The Reply = Sir, .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... Supplies made to SEZ unit or SEZ Developer is zero rated vide Section 16 (1) (b) of IGST Act, 2017 . In respect of deemed exports gst is to be paid by the supplier and the supplier can claim refund of such gst paid subject to the conditions mentioned in Notification No. 49/2017-Central Tax dated 18.10.2017 . - Reply By Anish Goyal - The Reply = I am not taking about the tax implication o .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... n outward Supplies. My query is that we are a private bonded warehouse registered under MOOWR, 2019 . As we are registered under MOOWR,2019 we import raw materials without payment of BCD and IGST. Now, if we export the resultant product we are not required to pay BCD and IGST on import, however at the time of domestic clearance of resultant product we pay BCD and IGST on raw-materials. Now my q .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... uestion is whether on supply of resultant product to SEZ units or under AA are we required to pay BCD and IGST on raw-material imported? - Reply By Rajagopalan Ranganathan - The Reply = Sir, My reply to your query is BCD and IGST are not payable in your case. - Reply By Anish Goyal - The Reply = Sir, Request to provide legal backing. - Reply By ASHOK PATRA - The Reply = I think Export ha .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... s not been defined under MOOWR,2019 but defined under parent act i.e.Custom Act as per which physical exports will be considered as export whereas supply to SEZ/AA holder will not be considered as export.Hence BCD IGST will be payable. - Reply By KASTURI SETHI - The Reply = Supplies to SEZ and SEZ units are exports and NOT 'deemed exports'. - Reply By KASTURI SETHI - The Reply = .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... In continuation of my reply above, pl. go through the following :- As per Section 2((m) of SEZ Act, 2005 export means (i) taking goods, or providing services, out of India, from a Special Economic Zone, by land, sea or air or by any other mode, whether physical or otherwise; or (ii) supplying goods, or providing services, from the Domestic Tariff Area to a Unit or Developer; .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... or (iii) supplying goods, or providing services, from one Unit to another Unit or Developer, in the same or different Special Economic Zone; - Reply By YAGAY andSUN - The Reply = If you are registered under MOOWR, 2020 then no need to pay the duties and taxes while importing. On the event of sales to SEZ Unit, no tax is paid, provided you adherence with the prescribed compliances. - Repl .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... y By Shilpi Jain - The Reply = Supply against AA would require payment of bcd n igst on imported material as it will be equivalent to domestic supply. Supply to sez will not require since it is a place outside India for the purposes of customs - Reply By raghunandhaanan r vi - The Reply = Sir, Your supply to SEZ from your bonded warehouse is considered as Export under Section 69 of Cust .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... oms Act . Thus, no duty payable. Whereas, your supply to Advance Authorization Holder, is termed as supply to DTA. Thus, GST payable - Clearance to SEZ Units or AA license - Query Started By: - Anish Goyal Dated:- 2-6-2021 Customs - Import - Export - Customs - SEZ - Got 10 Replies - Customs - Discussion Forum - Knowledge Sharing, reply post by an expert, personal opinion Tax Management In .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

..... dia - taxmanagementindia - taxmanagement - taxmanagementindia.com - TMI - TaxTMI - TMITax .....

X X   X X   Extracts   X X   X X

→ Full Text of the Document

X X   X X   Extracts   X X   X X

 

 

 

 

Quick Updates:Latest Updates