Transfer of Goods from SEZ Implications

[Abhijeet Mane]

Dear Sir/Madam,

I have the following queries:

1) SEZ Unit want to export the capital goods to outside India- the same was imported for authorised operation and now want to export please answer implication as under;

(a) If positive NFE is maintained by the unit

(b) if positive NFE is not maintained

(c) Export at the time of exit from SEZ

2) SEZ want to transfer the assets/goods to a warehouse setup under the MOOWR scheme

3) SEZ want to transfer the Capital Goods under a new EPCG scheme- whether it is permitted? what are the implication on such transfer? Since EPCG cannot be claimed for second hand goods whether the capital goods can be considered as second hand and cannot be transfer?

Please guide with legal backing

AI Summary

Clarification on SEZ Capital Goods Transfer: No Customs or IGST for Bond-to-Bond Transfers to MOOWR Units. A participant inquired about the implications of exporting or transferring capital goods from a Special Economic Zone (SEZ), specifically regarding maintaining positive Net Foreign Exchange (NFE), exporting upon SEZ exit, and transferring assets to a warehouse under the MOOWR scheme or under a new Export Promotion Capital Goods (EPCG) scheme. The response clarified that selling capital goods from an SEZ to a MOOWR unit is treated as a bond-to-bond transfer and is not subject to customs or IGST. The query sought legal backing for these scenarios.