Para 14.6 — CAM
Original Rule Text
14.6 SPECIAL ECONOMIC ZONES
14.6.1 Special Economic Zone (SEZ) is a specifically delineated duty-free enclave within India which is deemed to be foreign territory for the purposes of trade operations, duties and tariffs. The whole of India (including the territorial waters and continental shelf) but excluding the areas of the Special Economic Zones is known as the Domestic Tariff Area (DTA)
14.6.2 The government provides many incentives for companies and businesses established in SEZs. Viz.:
Duty free import/domestic procurement of goods for development, operation and maintenance of SEZ units. Exemption from Central Sales Tax, Service Tax and State sales tax. These have now subsumed into GST and supplies to SEZs are zero rated under IGST Act, 2017. Other levies, if exempted by the respective State Governments. Single window clearance for Central and State level approvals. Supplies to SEZ are zero rated under IGST Act, 2017.
14.6.3 However, whenever any goods are removed from a Special Economic Zone to the DTA it is treated as an import and shall be chargeable to duties of customs which includes basic customs duty, IGST, antidumping, countervailing and safeguard duties (under the Customs Tariff Act, 1975), where applicable.
14.6.4 Hence, whenever the SEZ makes DTA sales, Customs and IGST collections are collected. These collections are both through online (electronic) mode and through physical collections. For physical collections/OTC mode of payments the challans are duly filled in and payment made through the banks authorised for collections of Customs in the area. The banks provide the receipt scroll for these along with the other customs collections at ports.
14.6.5 The electronic mode of collection is through the ICEGATE payment gateway. The challans are generated on the SEZ-online portal and when initiated for electronic mode of payment the same are sent to the ICEGATE (CEP) portal through which the tax payer can make his payments in the similar way as done for Central Excise and Service Tax payments.
DETAILED ACCOUNTING PROCEDURE RELATING TO ELECTRONIC CASH LEDGER OF CUSTOMS DUTY:
(i)(a). At the time of Deposit of amount by tax payer into the ECL
MH 8658 Suspense Accounts 00.108 Public Sector Bank Suspense or 00.138 Other Nominated Banks (Private Sector Banks) Suspense Debit. To 8449 Other Deposits 00.124 Electronic Cash Ledger of Customs 01-Deposits under section 51 A of the Customs Act, 1962 Credit.
(b) on receipt of Credit notification from RBI
What This Means
Special Economic Zones (SEZs) are duty-free enclaves within India treated as foreign territory for trade purposes. Businesses in SEZs enjoy benefits like duty-free procurement, GST zero-rating, and single-window clearance. However, when goods move from an SEZ to the Domestic Tariff Area (DTA), they are treated as imports and attract customs duties and IGST. Customs duty deposits are managed through an Electronic Cash Ledger (ECL) under Section 51A of the Customs Act, with detailed accounting entries and quarterly reconciliation by the PAO.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1SEZs are duty-free enclaves; goods entering the DTA from SEZs are treated as imports attracting customs and IGST
- 2Supplies to SEZs are zero-rated under the IGST Act, 2017
- 3Electronic Cash Ledger (ECL) deposits are maintained under MH 8449 (Other Deposits) for customs duty payments
- 4PAO must maintain broadsheets of ECL deposits with importer-wise breakup and reconcile quarterly
- 5Negative balances and large accumulated balances in individual importer accounts must be reviewed at year-end
Practical Example
A manufacturing unit in a SEZ procures machinery duty-free from abroad. Later, it sells finished goods worth Rs 1 crore to a buyer in the DTA. Since this DTA sale is treated as an import, the unit deposits customs duty and IGST into its Electronic Cash Ledger via ICEGATE. The PAO books the deposit under MH 8449.00.124 and, when the duty liability is discharged, debits MH 8449 and credits MH 0037 (Customs) or MH 0008 (IGST) as applicable.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
What is the Domestic Tariff Area (DTA)?▼
How does the Electronic Cash Ledger (ECL) work for customs duty?▼
How often must the PAO reconcile ECL balances?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.