14.1 Notification No. 17/2011-ST has been issued superceding notification 9/2009-ST dated 03.03.2009. The new notification has the following unique features:  

(a) Criteria for the determination of “wholly consumed” services have been laid down in the notification, borrowing from the Export of Services Rules, 2005. It has also been specified that all services received by an entity in a SEZ, which does not have any other DTA operations, will constitute “wholly consumed” services.  

(b) No service tax is required to be paid ab-initio if the same are meant to be “wholly consumed” within SEZ, including services liable to tax on reverse charge basis under section 66A.  

(c) Refund of the remaining services i.e. which are not wholly consumed shall be available on pro rata basis i.e. ratio of SEZ turnover to total turnover.  

(d) Suitable rule has been introduced in Cenvat Credit Rules, 2004 to waive the requirements of rule 6 in case of services provided, without payment of tax, to a SEZ unit for its authorized operations.  

Service tax on SEZ services: wholly consumed services exempt at source; pro rata refunds for partial consumption. Notification No. 17/2011-ST defines wholly consumed services for SEZs using Export of Services Rules criteria and treats services received by entities operating solely in SEZs as wholly consumed. Such wholly consumed services are not subject to upfront service tax, including services normally covered by reverse charge. Services not wholly consumed qualify for refunds on a pro rata basis (SEZ turnover to total turnover). The Cenvat Credit Rules, 2004 have been amended to waive rule 6 requirements where services are supplied to SEZ units for authorized operations without payment of tax.