Special
economic zone (SEZ) developers and units will not be required to pay
tax on certain services for which they had to seek refund.
The SEZs have been exempted from service tax. However, the developers and unit owners have to first pay the tax and then claim refund.
The SEZs have been exempted from service tax. However, the developers and unit owners have to first pay the tax and then claim refund.
"The SEZ unit or the developer shall get an approval by
the Approval Committee of the list of the services as are required for the
authorised operations on which the SEZ unit or developer wish to claim
exemption from service tax," CBEC said.
"The exemption
shall be provided by way of refund of service tax paid on the specified
services received by the SEZ Unit or the Developer and used for the authorised
operations."
"Where the specified services received by the SEZ unit or the developer are used exclusively for the authorised operations, the person liable to pay service tax has the option not to pay the service tax ab initio", subject to certain condition and procedure, the the Central Board of Excise and Customs (CBEC) said in a circular on Tuesday.
It also said the government has decided to exempt the services on which service tax is leviable (under section 66B of the said SEZ Act), received by a SEZ unit or developer and used for the authorised operation from the whole of the service tax, education cess, and secondary and higher education cess.
The norms have been issued at time SEZs are loosing sheen after the government decided to impose minimum alternative tax (MAT) and dividend distribution tax (DDT) on such economic enclaves.
In the past of two years, a large number of developers have either withdrawn SEZ plans or have sought more time from the Commerce Ministry to complete their zones.
"Where the specified services received by the SEZ unit or the developer are used exclusively for the authorised operations, the person liable to pay service tax has the option not to pay the service tax ab initio", subject to certain condition and procedure, the the Central Board of Excise and Customs (CBEC) said in a circular on Tuesday.
It also said the government has decided to exempt the services on which service tax is leviable (under section 66B of the said SEZ Act), received by a SEZ unit or developer and used for the authorised operation from the whole of the service tax, education cess, and secondary and higher education cess.
The norms have been issued at time SEZs are loosing sheen after the government decided to impose minimum alternative tax (MAT) and dividend distribution tax (DDT) on such economic enclaves.
In the past of two years, a large number of developers have either withdrawn SEZ plans or have sought more time from the Commerce Ministry to complete their zones.
Of the 389 SEZs notified, 170 are operational.
Link:-Notification
Government
of India
Ministry
of Finance
(Department
of Revenue)
Notification No. 12 / 2013-Service Tax
New
Delhi, the 1st July, 2013
G.S.R…….(E).–In exercise
of the powers conferred by sub-section (1) of section 93 of the
Finance Act, 1994 (32 of 1994) (hereinafter referred to as the said Act) read
with sub-section 3 of section 95 of Finance (No.2), Act, 2004 (23 of
2004) and sub-section 3 of section 140 of the Finance Act, 2007 (22
of 2007) and in supersession of the notification of the Government of India in
the Ministry of Finance (Department of Revenue), No. 40/2012-Service Tax,
dated the 20th June, 2012, published in the Gazette of India, Extraordinary,
Part II, Section 3, Sub-section (i), vide number G.S.R. 482 (E),
dated the 20th June, 2012, except as respects things done or omitted to be done
before such supersession, the Central Government, on being satisfied that it is
necessary in the public interest so to do, hereby exempts the services on which
service tax is leviable under section 66B of the said Act, received by a unit
located in a Special Economic Zone (hereinafter referred to as SEZ Unit) or Developer of SEZ ( hereinafter referred to
as the Developer) and used for the authorised operation from the whole of the service tax,
education cess, and secondary and
higher education cess leviable
thereon.
2. The exemption shall be provided by way of refund of service tax
paid on the specified services received by the SEZ Unit or the Developer and
used for the authorised operations:
Provided that where the specified services received by the SEZ Unit or the
Developer are used exclusively for the authorised operations, the person liable to pay service tax
has the option not to pay the service tax ab initio, subject to the
conditions and procedure as stated below.
3. This exemption shall be given effect to in the following
manner:
(I) The SEZ Unit or the Developer shall get an approval by the
Approval Committee of the list of the services as are required for the authorised operations (referred to as the ‘specified
services’ elsewhere in the notification) on which the SEZ Unit or Developer
wish to claim exemption from service tax.
(II) The ab-initio exemption on the specified services received by
the SEZ Unit or the Developer and used exclusively for the authorised operation shall be allowed subject to the
following procedure and conditions, namely:-
(a) the SEZ Unit or the
Developer shall furnish a declaration in Form A-1, verified by the
Specified Officer of the SEZ, along with the list of specified services in
terms of condition (I);
(b) on the basis of declaration
made in Form A-1, an authorisation shall be issued by the jurisdictional Deputy Commissioner of
Central Excise or Assistant Commissioner of Central Excise, as the case may be
to the SEZ Unit or the Developer, in Form A-2;
(c) the SEZ
Unit or the Developer shall provide a copy of said authorisation to
the provider of specified services. On the basis of the said authorisation,
the service provider shall provide the specified services to the SEZ Unit or
the Developer without payment of service tax;
(d) the SEZ Unit or the Developer shall furnish to the jurisdictional
Superintendent of Central Excise a quarterly statement, in Form A-3, furnishing
the details of specified services received by it without payment of service
tax;
(e) the SEZ Unit or the Developer shall furnish an undertaking, in
Form A-1, that in case the specified services on which exemption has been
claimed are not exclusively used forauthorised operation or were found not to have been used exclusively for authorised operation, it shall pay to the government an
amount that is claimed by way of exemption from service tax and cesses along with interest as applicable on delayed
payment of service tax under the provisions of the said Act read with the rules
made thereunder.
(III) The refund of service tax on (i) the specified
services that are not exclusively used for authorised operation, or (ii) the specified services on
which ab-initio exemption is admissible but not claimed, shall be allowed subject to the following
procedure and conditions, namely:-
(a) the service tax paid on the specified services that are common to the authorised operation in an SEZ and the operation in
domestic tariff area [DTA unit(s)] shall be distributed amongst the SEZ Unit or
the Developer and the DTA unit (s) in the manner as prescribed in rule 7 of the
Cenvat Credit Rules. For the purpose of distribution, the turnover of the SEZ
Unit or the Developer shall be taken as the turnover of authorised operation during the relevant period.
(b) the SEZ Unit or the Developer shall be entitled to refund of the
service tax paid on (i) the specified services on which ab-initio exemption is admissible but not claimed, and (ii) the amount distributed to it in terms of
clause (a).
(c) the SEZ Unit or Developer who is registered as an assessee under the Central Excise Act, 1944 (1 of 1944)
or the rules made thereunder, or the said Act or the rules made thereunder,
shall file the claim for refund to the jurisdictional Deputy Commissioner of
Central Excise or Assistant Commissioner of Central Excise, the as the case may
be, in Form A-4;
(d) the amount indicated in the invoice, bill or, as
the case may be, challan, on the basis of which this refund is being
claimed, including the service tax payable thereon shall have been paid to the
person liable to pay the service tax thereon, or as the case may be, the amount
of service tax payable under reverse charge shall have been paid under the
provisions of the said Act;
(e) the claim
for refund shall be filed within one year from the end of the month in which
actual payment of service tax was made by such Developer or SEZ Unit to the
registered service provider or such extended period as the Assistant
Commissioner of Central Excise or the Deputy Commissioner of Central Excise, as
the case may be, shall permit;
(f) the SEZ
Unit or the Developer shall submit only one claim of refund under this
notification for every quarter:
Explanation.- For
the purposes of this notification “quarter” means a period of three consecutive
months with the first quarter beginning from 1st April of every year, second
quarter from 1st July, third quarter from 1st October and fourth quarter
from 1st January of every year.
(g) the SEZ
Unit or the Developer who is not so registered under the provisions referred to
in clause (c), shall, before filing a claim for refund under this notification,
make an application for registration under rule 4 of the Service Tax Rules,
1994.
(h) if there
are more than one SEZ Unit registered under a common service tax registration,
a common refund may be filed at the option of the assessee.
(IV) The
SEZ Unit or Developer, who intends to avail exemption or refund under this
notification, shall maintain proper account of receipt and use of the specified
services, on which exemption or refund is claimed, for authorised operations
in the SEZ.
4. Where
any sum of service tax paid on specified services is erroneously
refunded for any reason whatsoever, such service tax refunded shall be
recoverable under the provisions of the said Act and the rules made there
under, as if it is recovery of service tax erroneously refunded;
5. Notwithstanding
anything contained in this notification, SEZ Unit or the Developer shall have
the option not to avail of this exemption and instead take CENVAT credit on the
specified services in accordance with the CENVAT Credit Rules, 2004.
6. Words and expressions used in this notification
and defined in the Special Economic Zones Act, 2005 (28 of 2005) or the rules
made thereunder, or the said Act, or the rules made there under shall apply, so
far as may be, in relation to refund of service tax under this notification as
they apply in relation to a SEZ.
7. This notification shall
come into force on the date of its publication in the Gazette of India
[F.No. B1/6/ 2013-TRU]
(Akshay Joshi)
Under
Secretary to the Government of India
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