Service provides by sez

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Utpal

Utpal (Querist)
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26 May 2013 Service

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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23 June 2013 what is the query

CMA Ramesh Krishnan

CMA Ramesh Krishnan (Expert)
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23 June 2013 what is the query

Aashok Kumar Sharma online

Aashok Kumar Sharma

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23 July 2025 You're asking about **services provided by a Special Economic Zone (SEZ) unit** and whether such services are **taxable under Service Tax law (as of 26 May 2013)**.

Here's a clear answer based on the legal position as of 2013:

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## ✅ **Are Services Provided by SEZ Units Taxable under Service Tax?**

**NO**, services provided **by a SEZ unit to a DTA (Domestic Tariff Area)** or outside are **generally exempt** from service tax **if they qualify as export of service or are exempt under SEZ-specific provisions**.

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### 📜 **Legal Basis:**

1. **Section 26(1) of the SEZ Act, 2005**:

> SEZ units are entitled to **exemption from service tax** on services **provided or consumed within the SEZ**, or if the service qualifies as **export of service**.

2. **Rule 31 of the SEZ Rules, 2006**:

> Service tax exemption applies **subject to furnishing prescribed documents** and satisfying conditions.

3. **Notification No. 40/2012-ST dated 20.06.2012** (and earlier **Notification No. 17/2011-ST**):

> Grants exemption or **refund mechanism** for services **provided to or by SEZs**, subject to specified conditions.

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### 🧾 Summary Table:

| Situation | Service Tax Applicable? |
| ------------------------------------------------------- | ------------------------------------ |
| SEZ provides services to **foreign client** (export) | ❌ Exempt – Export of service |
| SEZ provides services **within SEZ** | ❌ Exempt – SEZ Act, 2005 |
| SEZ provides services to **Domestic Tariff Area (DTA)** | ✅ Yes, unless it qualifies as export |
| SEZ receives input services | ❌ Can claim exemption/refund |

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### ✅ What SEZ Unit Must Do:

* Maintain proper documentation (invoices, approvals, etc.)
* File required forms (like **Form A1/A2**, refund claims if exemption not upfront)
* Ensure services qualify as “authorized operations” (as per SEZ rules)

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### 📌 Key Notifications:

* **Notification No. 17/2011-ST**
* **Notification No. 40/2012-ST**
* **Rule 31, SEZ Rules, 2006**
* **Section 26(1), SEZ Act, 2005**

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### 📢 Final Answer:

Services **provided by a SEZ unit** are **generally exempt from service tax** if:

* They qualify as **export of service**, or
* Are for **authorized operations in SEZ**,
* And proper documentation is maintained.

Let me know if you want a checklist or copy of the key notification.

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