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Published on:
March 21, 2023
By
Harshini

Supply From DTA To SEZ or SEZ To DTA Under GST

Under the GST regime, the supply of goods and services between the varied locations of Domestic Tariff Area units and Special Economic Zone units is considered inter-state supply and follows explicit regulations and stipulations. There exist two different kinds of provisions that can transpire between places in the DTA and those within SEZ establishments: some supplies involve complex transactions with shorter shipments amidst zones, while other dealings comprise more straightforward transfers amongst distant locales along with elaborate documentation across boundaries.  

Supply from DTA to SEZ

1. When goods or services are supplied from a designated tax-free area to a special economic zone unit, it constitutes an interstate supply subject to the Integrated Goods and Services Tax. The supplier can claim an input tax credit for the IGST remitted on the supply, which can offset the GST liability on other transactions conducted by said supplier. Conversely, the SEZ unit regards this as a zero-rated supply and is eligible to seek a refund of the IGST remitted on the transaction. Further, transporting items between distinct tax jurisdictions inside the nation amounts to an interstate deal liable to IGST. The taxable person providing services across state lines retains the right to claim ITC for the taxes paid and use it to nullify future GST dues. On the other hand, the recipient dealing only in exempted goods sees this as an exempt deal and has the choice to demand reimbursement of the taxes paid.

2. When a business within a Special Economic Zone unit receives goods or services from a supplier located in the Domestic Tariff Area, the supplier must generate a tax invoice charging Integrated Goods and Services Tax on the provision. The SEZ business is eligible to apply for reimbursement of the IGST paid on such supplies, contingent on meeting specific requirements. The conditions to qualify for a refund of IGST charges on DTA-to-SEZ transfers include:

a. The SEZ business must be a registered Goods and Services Tax taxpayer with a valid ID.

b. The SEZ business cannot be engaged in any activities exempt from GST obligations.

c. The SEZ business must utilize the goods or services for authorized operational objectives within the Special Economic Zone.

Supply from SEZ to DTA

1. While merchandise or services are transmitted from an exceptional financial zone organization found in one express to a beneficiary in another express, it qualifies as a between state gracefully subject to the Integrated Goods and Services Tax. In any case, not at all like other between-state suppliers, the SEZ part cannot guarantee contributions assessment credits for the IGST paid on such transmissions, which represents an inability. The SEZ unit endeavors to adjust to this intricacy by effectively gauging their costs and valuing their items to compensate for losing the capacity to recuperate contributions paid on imports and inside zone buys. Additionally, the flow of products and ventures over state lines from the special financial zone adds to the general development and economy of the nation. On the other hand, the recipient of these interstate supplies from the SEZ unit is eligible to claim IGST credits as input tax credits against future GST liabilities arising from its supplies. While transactions between the SEZ unit and markets outside its zone trigger the levy of IGST, only the recipient outside the zone can use this tax paid as input credit for offsetting future GST payment obligations resulting from supplies made by it.

2. When an SEZ unit supplies goods or services to a recipient located in the DTA, it must issue a tax invoice charging IGST on the supply. However, unlike recipients in the DTA, the SEZ unit cannot claim an input tax credit for the IGST paid. In contrast, the recipient of such supplies in the DTA may claim ITC for the IGST paid, provided certain prerequisites are satisfied. To claim ITC for IGST paid on supplies received from an SEZ, the recipient in the DTA must:

a. Be duly registered under the GST regime and hold a valid GST identification number, without which ITC cannot be claimed on IGST paid for supplies from an SEZ. Additionally, all relevant documentation including tax invoices must be in order. While SEZ units cannot access ITC, compliance with GST procedures is critical to allow legitimate ITC claims by recipients of their supplies located in the DTA.

b. The recipient has to be engaged in commercial operations under the GST regime.

c. The goods or services acquired from the SEZ unit must contribute to the recipient's business activities. Details of the supply must be reported by the DTA recipient in their periodic GST returns along with a claim for the corresponding input tax credits.

Worthy of note is that specific conditions and compliance procedures govern supplies between DTA and SEZ units as mandated under GST law. Businesses are obliged to meticulously adhere to these stipulations to avoid penalties or other legal ramifications.

FAQs

Q: What are DTA and SEZ?

A: The Domestic Tariff Area, abbreviated as DTA, refers to a nation's internal market where imported and exported goods are subjected to customs duties and other trade policies. A Special Economic Zone, also called SEZ, is a specifically delineated geographical region within a country that has different economic laws from the surrounding areas. 

Within the boundaries of an SEZ, firms are offered tax and customs duty incentives as well as streamlined regulations and infrastructure to encourage economic activity. While a DTA covers the entire area under a country's sovereignty, an SEZ is a specially designated small part that enjoys unique economic advantages to stimulate business and industry, thereby benefiting the domestic economy through increased investments, employment, and foreign exchange earnings.

Q: What is the meaning of supply from DTA to SEZ or SEZ to DTA under GST?

A: The transfer of goods or services between distinct economic zones defined under the tax law holds specific significance. Supply originating from the Domestic Tariff Area directed toward a recipient based in the Special Economic Zone constitutes one type of movement. Alternatively, dispatch from the Special Economic Zone to an obtainer in the Domestic Tariff Area represents another. Both are assessed individually according to provisions of the Goods and Services Tax.

Q: Is supply from DTA to SEZ or SEZ to DTA treated as an interstate supply or intrastate supply under GST?

A: Whether dispatch emerges from the Domestic Tariff Area aiming for the Special Economic Zone or originates inside the Special Economic Zone approaching the Domestic Tariff Area, Goods, and Services Tax law designates these shifts as interstate transactions rather than intrastate supplies on account of the territorial separation between zones.

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Updated on:
March 21, 2024