I am working in MNC and it is located in SEZ. As per FEMA Act we can not sell goods in DTA even after paying duty whereas as per SEZ Act we can sell in DTA even after paying duty. Please clarify which act i should follow or which one is correct.
Selling of goods after payment of duty
velayutham panchatcharam
Employee Seeks Clarity on Selling SEZ Goods in Domestic Market Amid Conflicting FEMA and SEZ Act Provisions An individual working in a multinational company located in a Special Economic Zone (SEZ) seeks clarification on whether goods can be sold in the Domestic Tariff Area (DTA) after paying duty, citing conflicting provisions in the Foreign Exchange Management Act (FEMA) and the SEZ Act. One respondent questions which FEMA provision is being referenced, noting that SEZ to DTA transactions are treated as imports. Another respondent cites specific circulars from FEMA and SEZ rules, indicating discrepancies. A third respondent clarifies that FEMA circulars do not restrict SEZ to DTA sales but pertain to foreign companies establishing branches in India. (AI Summary)
TaxTMI
TaxTMI