Service Tax on SEZ units

Service Tax (Legacy) 2158 views 4 replies

Hi Members,

As per SEZ act 2005, Service Tax on SEZ unit is exempted. However, What is the Tax Treatment on import of Services on SEZ unit ?. What is the procedure for claiming of the Exemption from payment of Service |Tax on Import of Services?

Import of Services means: SEZ unit in India will take business from the USA Company.  USA company will provide the services like marketing , business promotion and Advertise in USA about the Indian Company.

USA company does not have any Branch and permanent establishment in India.

Please clarify.

Regards

Uday Kumar

 

 

 

Replies (4)

SEZ units are exempted from payment of Service Tax against Services Consumed in SEZ  it self.

Serives which SEZ unit received in USA will not be exempted from payment of Service Tax as per SEZ Act , 2005 or SEZ Rules , 2006. There is no refund procedures in SEZ Act.

However you can check ' Import of Services Rules , 2006 ' & Service Tax Rules , 2006 for other provisions.

For SEZ related queries visit www.sez-india.net ( Swanand International)

In case of Reverse charge method(Import of services , in this case),the SEZ unit or SEZ developer need not pay service tax.

Find Following as 

Budget Speech by Finance Minister

July 6, 2009
 

Budget 2009-2010

Speech of

Pranab Mukherjee

Minister of Finance

Section 130 of the speech.

130. It is an international practice to zero-rate exports. To achieve this objective, a scheme was announced in 2007, granting refund of service tax paid on certain taxable services used after the clearance of export goods from the factory. For some time now, the exporting community has been expressing dissatisfaction over the difficulties faced in obtaining such refunds. Several procedural simplifications attempted in the past have also not yielded satisfactory results. The solution seems to lie in placing greater trust on the claims filed by the exporters. Keeping this in view, I propose to make the following changes in the scheme:

• Services received by exporters from goods transport agents and commission agents, where the liability to pay service tax is ab initio on the exporter, would be exempted from service tax. Thus, there would be no need for the exporter to first pay the tax and later claim refund.

• For other services received by exporters, the exemption would be operated through the existing refund mechanism based on self-certification of the documents where such refund is below 0.25 per cent of fob value, and certification of documents by a Chartered Accountant for value of refund exceeding the above limit.

--------------------------

Now you can utilize for your purpose. Apply this insteed of SEZ Act.

 

MR. S.UDAY KUMAR,

AS PER YOUR QUERY, THERE ARE SENTIMENT OF MR. SWANAND JI IS RIGHT. AND IF YOU WANTED TO KNOW MORE  GO TO LOG ON nsez.gov.in

 

REGARDS,


CCI Pro

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