Levy of Custom Duty & IGST

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This query is : Resolved

Santosh Pandey (Querist)
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23 September 2019 Dear all

Good Afternoon and greetings of the day

We are Pvt. Ltd. company (DTA) and we have sold some materials as per BTST option under GST to our customer (SEZ).

Some of materials out of earlier sold materials, are required to be return from SEZ to DTA, as per BTST option under GST

Query: (1) Is custom duty and IGST would be applicable on this return of materials?.
(2) Detailed procedure for return of earlier sold materials from SEZ to DTA (i.e what document, who generate e-way bill, etc)

Thank you in advance

CMA MALHAR BEHERA

CMA MALHAR BEHERA (Expert)
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23 September 2019 Sec.30 of SEZ Act 2005 provides that any goods removed from Special Economic Zone to the Domestic Tariff Area shall be chargeable to duties of customs including anti-dumping, countervailing duty and safe-guard duties under the Customs Tariff Act 1975.
However, SEZ Act does not recognize the word “supply”, but provides levy of Customs duty, which includes IGST, irrespective of the fact whether the goods removed from SEZ to DTA are “supplied” (in terms of Sec 2 (21) of IGST Act) to DTA or not.

Santosh Pandey

Santosh Pandey (Querist)
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24 September 2019 Dear Sir

Greetings of the day

Thank you for your reply

As, I understood, it will be chargeable to custom duty and IGST, although it is not a supply.

Regards

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