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        Case ID :

        Concessions to Special Economic Zones

        April 25, 2016

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        The fiscal concessions and duty benefits allowed to Special Economic Zones (SEZs) are in-built into the SEZs Act, 2005 and Rules thereunder. These exemptions are uniformly applicable to all SEZs and are in the nature of incentives for export and are consistent with the principles that guide export promotion initiatives of the Government in general.

        Ministry of Finance has withdrawn the exemption from Minimum Alternate Tax (MAT) to SEZ Developers and Units with effect from 1st April, 2012, and also the exemption of Dividend Distribution Tax (DDT) in the case of SEZ Developers under the Income-tax Act for dividends declared, distributed or paid after 1st June, 2011. In order to facilitate creation of Social & Commercial infrastructure and other facilities in Non-Processing Area (NPA) of SEZs, Government vide notification G.S.R. 5(E) dated 02.01.2015 has allowed dual use of facilities in NPA by both SEZ and non-SEZ entities.

         Exports from the Special Economic Zones (SEZs) during the last three years are as under:                                                           

        Years

        Exports 

        (Rs. in crore)

        Growth/decline over previous year

        2013-2014

        4,94,077

        4%

        2014-2015

        4,63,770

        -6.13%

        2015-2016

        (April to December, 2015)

        3,41,685

         

        -1.89% (corresponding period of previous financial year 2014-15)

        Export Promotion Council for EoUs and SEZs (EPCES) has been undertaking several activities for enhancing exports as well as resolving issues concerning EoUs and SEZs.   During the year 2015-16, a number of meetings with Hon’ble Minister, Commerce and Industry and Senior Officers of Department of Commerce have been held to resolve the issues concerning to SEZs.

        The Government, on the basis of inputs/suggestions received from stakeholders on the policy and operational framework of the SEZ Scheme, periodically reviews the policy and operational framework of SEZs and takes necessary measures so as to facilitate speedy and effective implementation of SEZ policy. The exports from Food and Agro, IT/ITeS, Automobiles and Auto ancillaries manufacturing, Leather, Footwear and Sports goods Sector, Electronic and Hardware and Software services and Textiles sector SEZs during the last five years is as under:

        Sl. No.

        Sector

        2011-12

        2012-13

        2013-14

        2014-15

        2015-16

        (as on 31.12.15)

        1

        Computer/Electronic software (IT/ITeS)

        81017.11

        140306.71

        184093.93

        212349.15

        177756.81

        2

        Automobiles and Auto ancillaries manufacturing

        761

        849

        1154

        1253

        1720

        3

        Electronics hardware

        20454.40

        20936.75

        16460.71

        7181.65

        3444.82

        4

        Leather, footwear and sports goods

        516.35

        896.96

        1654.34

        1343.39

        1708.02

        5

        Food and Agro Industry

        729.71

        805.95

        880.71

        1132.31

        1581.94

        6

        Textiles and garments

        2938.08

        4342.87

        4213.86

        4294.66

        3480.33

        The State-wise exports from SEZs during the last three years is as below:

        State-wise breakup of Exports  from SEZs during last three years 

           (Rs. in crore)

        Sl. No.

        State

        2013-14

        2014-15

        2015-16 (Till December 2015)

        1

        Andhra Pradesh

        33291

        7887.61

        7599.06

        2

        Chandigarh

        1778.15

        2084.24

        1896.38

        3

        Chhattisgarh

        1.84

        3.19

        0.00

        4

        Gujarat

        225042

        179791.75

        106568.74

        5

        Haryana

        8740.43

        11139.50

        10574.66

        6

        Karnataka

        51372.88

        55197.83

        41088.64

        7

        Kerala

        8003.64

        6540.20

        5213.88

        8

        Madhya Pradesh

        2984.23

        4009.46

        3579.48

        9

        Maharashtra

        56399.23

        62535.90

        51777.29

        10

        Odisha

        386.09

        596.66

        752.03

        11

        Punjab

        136.72

        290.79

        235.34

        12

        Rajasthan

        2036.59

        2091.33

        1649.17

        13

        Tamil Nadu

        71417

        68103.63

        55478.96

        14

        Telangana

        0

        37107.89

        32966.19

        15

        Uttar Pradesh

        16282.42

        16516.77

        13754.51

        16

        West Bengal

        16204.27

        9872.79

        8550.41

         

         TOTAL

        494077

        463770

        341684.75

        This information was given by the Minister of State (Independent Charge) in the Ministry of Commerce & Industry Smt. Nirmala Sitharaman in a written reply in Lok Sabha today.

        SEZ fiscal concessions and tax exemption changes reshape incentives and permit dual use of non processing area facilities. Fiscal incentives for SEZs function as uniform export promotion exemptions; key tax changes include withdrawal of MAT exemption for SEZ developers and units and withdrawal of DDT exemption for SEZ developers for dividends after specified dates. Government permitted dual use of Non Processing Area facilities by SEZ and non SEZ entities. The administration undertakes periodic policy reviews and engages stakeholders, with reported export statistics by year, sector and State to inform policy monitoring and implementation.
                          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.

                                SEZ fiscal concessions and tax exemption changes reshape incentives and permit dual use of non processing area facilities.

                                Fiscal incentives for SEZs function as uniform export promotion exemptions; key tax changes include withdrawal of MAT exemption for SEZ developers and units and withdrawal of DDT exemption for SEZ developers for dividends after specified dates. Government permitted dual use of Non Processing Area facilities by SEZ and non SEZ entities. The administration undertakes periodic policy reviews and engages stakeholders, with reported export statistics by year, sector and State to inform policy monitoring and implementation.





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                                ActsIncome Tax
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