Business Standard

SEZs await settling of some GST issues


or a unit to contractor­s and subcontrac­tors appointed by such developer or co-developer or unit. So, it follows that contractor­s and sub-contractor­s, too, should get the benefit of zero-rated supplies and exemptions under IGST laws.

But, this still needs to be formally clarified by the Central Board of Excise and Customs (CBEC). It has clarified that Export Oriented Unitsneed not furnish a new letter of undertakin­g (LUT) or bond for exports, as they would have already furnished a B-17 bond. However, CBEC has not extended a similar dispensati­on to SEZ units, although these have furnished similar bonds. So, SEZs are being asked to furnish an LUT or bond before they export their goods or services without payment of IGST.

Supply of goods or services from the Domestic Tariff Area (DTA) to an SEZ are treated as inter-state supplies. For making any inter-state supply, registrati­on is mandatory. A compositio­n dealer cannot make inter-state supplies. So, the SEZ unit or developer has to necessaril­y procure goods or services only from registered entities. Now, SEZ units or developers are required to make any number of petty purchases of items or services; for example, services of a plumber or purchase of food items or stationery. For these, they will have to look for registered suppliers. Such suppliers have to go through all the compliance


Solution tomorrow


Fill in the grid so that every row, every column and every 3x3 box contains the digits 1 to 9 procedures under the GST laws for zero-rated supplies, such as furnishing of bonds or claiming of refunds. For giving services without GST payment, small suppliers of services have to furnish bank guarantees and get payment in foreign exchange. These stipulatio­ns increase the suppliers’ costs and, consequent­ly, for the SEZ units or developers.

Another issue is on whether for zerorated supplies from the DTA to an SEZ, a bill of export needs to be filed, even when no export incentives are being claimed. The SEZ Rules, 2006 [Rule 30 (2), 30 (10) etc], say No. However, Rule 96A of the GST Rules, 2017, prescribe the same procedure as applicable for physical exports, such as filing of a shipping bill or bill of export to supplies from a DTA to an SEZ. Also, the GST laws call for bill of export details to be furnished in GSTR-1 returns, as well as Statement 4 annexed to a refund claim in form RFD-01. So, confusion reigns at the operating levels. The GST laws were, clearly, put in place without much regard to the views of exporters or clarity on the procedures they have to follow. Since then, CBEC has been responding to various queries as and when these come up. Hopefully, it will quickly resolve the problems of SEZ developers and units. # 2287

 ??  ??
 ??  ??

Newspapers in English

Newspapers from India