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Sale of goods to DTA from SEZ

Ashok Chopra

Respected Forum,

recently i have set up a unit in SEZ, production started.  due to some problem my export order has been cancelled.  i have a buyer in DTA, pls advice me:-

1. Whether i can sale my product to DTA?

2. Is any permission from any department is required?

3. Is any duty is applicable on sale of goods from SEZ to DTA unit and DTA unit can avail cenvat credit

I shall be thankful, if you guide me alongwith copy of any notifications, circulars or act for the purpose to show to government authorities, if required

regards

SEZ Unit Can Sell to Domestic Tariff Area, But Must Pay Taxes, Duties; Import License May Be Needed for Restricted Goods. A unit in a Special Economic Zone (SEZ) faced an export order cancellation and sought advice on selling goods to a Domestic Tariff Area (DTA). Responses clarified that sales from SEZ to DTA are permissible, but do not receive tax and duty benefits typically associated with exports. No departmental permission is needed, but transactions will incur taxes and duties. The SEZ or DTA unit must file a bill of entry for home consumption. If goods are restricted, an import license is necessary. Additionally, valuation for sales may require a CS-4 form from a Chartered Accountant. (AI Summary)
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CASeetharaman KC on Dec 25, 2012

Dear Sir

The rules and procedures are exhaustive and you can find them by clicking on the link given below or by putting the link on your address bar

http://www.eouindia.gov.in/APPENDIX14_f.pdf

 

ashish koppa on Dec 28, 2012

SEZ sale to DTA is allowed.

Procedure prescribed is that the SEZ unit or the DTA unit should file bill of entry for home consumption with other documents with the SEZ customs.

Please also ensure that the goods are not restricted. If restricted import license is required.

regards

CA Ashish Koppa

[email protected]

Guest on Dec 28, 2012

1.Whether i can sale my product to DTA? - One can defenitely sell the products from SEZ to DTA but wont be getting the tax and duty benfits on the sale.

2. Is any permission from any department is required?- No there is no permisiion required from any department.

3. Is any duty is applicable on sale of goods from SEZ to DTA unit and DTA unit can avail cenvat credit.?- All the taxes and duty benefits wont be applicable on any transaction between a SEZ unit & any unit in DTA. The premise of setting up SEZ is to promote export thus there are several benefits and duty waivers to boost the exports of our country. If one is selling goods to Domestic Tariff Area (DTA) then it wont be considered as export and will attract taxes and duties. However if a unit in a SEZ will be selling something to any other unit in a SEZ then  it will be considered as export and will give attract all tax & duty benefits.

 

Hrishikesh Sahay

Associate Manager- Aerospace Business

GMR Group

 

  

Guest on Jan 1, 2013

Hi,

if you sales your partner company then you should required CS-4 from the CA for valuation purpose.

also sales as per rule 34.

 

thanks,

Bhargav Joshi

Asst. manager - Warehouse Logistics

9638480441

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