SEZ Made sale to Merchant Exporter 0.1% Sales - Who has to pay tax

[Rajendra Prasad]

Dear Sir,

SEZ made Sale to Merchant Exporter. Who has to pay GST on it. SEZ Unit or Buyer from SEZ unit.

[Alkesh Jani]

Sir,

As per your query, my point of view is, the Notification No. 40/2017-CT (Rate) dated 23.10.2017, is not applicable to Supplies made by SEZ Unit or Developer. As the exemption is extended for "Intra-State" Supply, where as supply made to or by SEZ is Inter-state supply as per Section 7(5)(b) of IGST Act.

Further, When supplies are made by SEZ unit to DTA, it is govern by SEZ Act, and said supply will be import for DTA Unit.

Therefore, SEZ Unit shall supply the said goods to DTA Unit as per SEZ Act and DTA unit may export the said goods and can claim the refund of IGST Paid.

Thanks,

[Alkesh Jani]

Sir,

In continuation of reply above, the Notification No.41/2017-IT (Rates) dated 23.10.2017, whereby exemption is provided for "Inter-State" supply of goods, here, the DTA unit will file Bill of Entry and can quote for Notification No. for applicable IGST.

Thanks

AI Summary

SEZ Unit's GST Responsibility Clarified: Notification 40/2017-CT Inapplicable; SEZ Supplies Treated as Inter-State Under IGST Section 7(5)(b). A Special Economic Zone (SEZ) unit made a sale to a merchant exporter, prompting a query about who is responsible for paying GST. According to a response, Notification No. 40/2017-CT (Rate) does not apply to SEZ supplies, which are considered inter-state under Section 7(5)(b) of the IGST Act. SEZ supplies to Domestic Tariff Area (DTA) units are treated as imports under the SEZ Act, allowing the DTA unit to export goods and claim an IGST refund. Additionally, Notification No. 41/2017-IT (Rates) provides exemptions for inter-state supplies, with the DTA unit filing a Bill of Entry.