Guidelines regarding the transactions related to SEZs consequent upon amendment to Section 3 of the Indian Stamp Act 1899 through Section 57 of the SEZ Act, 2005
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Stamp duty exemption for SEZ transactions: States may exempt or refund duty on land linked to SEZ approvals. An amendment via the SEZ Act exempts from stamp duty instruments executed by, on behalf of, or in favour of SEZ Developers or Units for SEZ purposes. Guidelines clarify that land acquired after formal approval should receive full exemption; acquisitions after in principle approval may be exempted or refunded; acquisitions before in principle approval require upfront payment with possible refund on notification. Exemptions apply only to land and transactions within the notified SEZ; outside SEZ purchases, sales or conveyances do not qualify, and States may recover duty if SEZ is not commissioned or notification is cancelled.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Stamp duty exemption for SEZ transactions: States may exempt or refund duty on land linked to SEZ approvals.
An amendment via the SEZ Act exempts from stamp duty instruments executed by, on behalf of, or in favour of SEZ Developers or Units for SEZ purposes. Guidelines clarify that land acquired after formal approval should receive full exemption; acquisitions after in principle approval may be exempted or refunded; acquisitions before in principle approval require upfront payment with possible refund on notification. Exemptions apply only to land and transactions within the notified SEZ; outside SEZ purchases, sales or conveyances do not qualify, and States may recover duty if SEZ is not commissioned or notification is cancelled.
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