Advantages and Disadvantages of SEZ.


 

Introduction

A SEZ unit which has been set up for carrying on manufacturing, trading or service activity has both advantages as well as disadvantages. SEZ advantages are quite far more as compared to its disadvantages which are almost negligible.

 Advantages

  • 15 year corporate tax holiday on export profit – 100% for initial 5 years, 50% for the next 5 years and up to 50% for the balance 5 years equivalent to profits ploughed back for investment.

  • Allowed to carry forward losses.

  • No licence required for import made under SEZ units.

  • Duty free import  or domestic procurement of goods for setting up of the SEZ units.

  • Goods imported/procured locally are duty free and could be utilized over the approval period of 5 years.

  • Exemption from customs duty on import of capital goods, raw materials, consumables, spares, etc.

  • Exemption from Central Excise duty on the procurement of capital goods, raw materials, and consumable spares, etc. from the domestic market.

  • Exemption from payment of Central Sales Tax on the sale or purchase of goods, provided that, the goods are meant for undertaking authorized operations.

  • Exemption from payment of Service Tax.

  • The sale of goods or merchandise that is manufactured outside the SEZ (i.e, in DTA) and which is purchased by the Unit (situated in the SEZ) is eligible for deduction and such sale would be deemed to be exports.

  • The SEZ unit is permitted to realize and repatriate to India the full export value of goods or software within a period of twelve months from the date of export.

  • “Write-off” of unrealized export bills is permitted up to an annual limit of 5% of their average annual realization.

  • No routine examination by Customs officials of export and import cargo.

  • Setting up Off-shore Banking Units (OBU) allowed in SEZs.

  • OBU's allowed 100% income tax exemption on profit earned for three years and 50 % for next two years.

  • Exemption from requirement of domicile in India for 12 months prior to appointment as Director.

  • Since SEZ units are considered as ‘public utility services’, no strikes would be allowed in such companies without giving the employer 6 weeks prior notice in addition to the other conditions mentioned in the Industrial Disputes Act, 1947.

  • The Government has exempted SEZ Units from the payment of stamp duty and registration fees on the lease/license of plots.

  • External Commercial Borrowings up to $ 500 million a year allowed without any maturity restrictions.

  • Enhanced limit of Rs. 2.40 crores per annum allowed for managerial remuneration.

Disadvantages

  • Revenue losses because of the various tax exemptions and incentives.

  • Many traders are interested in SEZ, so that they can acquire at cheap rates and create a land bank for themselves.

  • The number of units applying for setting up EOU's is not commensurate to the number of applications for setting up SEZ's leading to a belief that this project may not match up to expectations.

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What is New?
Date: 21-05-2012
Customs Notification No 44/2012 (NT)
Rate of exchange of conversion of each of the foreign currency with effect from 22nd May, 2012

Date: 21-05-2012
Customs Notification No 28/2012–Customs (ADD)
Seeks to extend the validity of Notification no. 56/2007-Customs, dated the 12th April, 2007, by one more year, i.e. upto and inclusive of 11th April, 2013

Date: 18-05-2012
Customs Notification No 27/2012–Customs (ADD)
Seeks to extend the validity of Notification no. 64/2007-Customs, dated the 7th May, 2007, by one more year, i.e. upto and inclusive of 6th May, 2013.

Date: 18-05-2012
Central Excise Circular No.966/9/2012-CX
Clarification regarding classification of Structural Components of Boiler and Admissibility of CENVAT Credit on these Structural Components

Date: 18-05-2012
DGFT Policy Circular No 65(RE-2010)/2009-14
Treatment of Capital Goods sourced from SEZ and import of spares for such Capital Goods under EPCG Scheme - Para 5.2A of FTP-reg.

Date: 16-05-2012
Order
Appointment of Common Adjudicating Authority Common

Date: 16-05-2012
Customs Notification No 43/2012 (NT)
Amends the Handling of Cargo in Customs Areas Regulations, 2009 (notification No. 26 / 2009 -Customs (N.T.), dated the 17th March, 2009)

Date: 16-05-2012
DGFT Policy Circular No 63(RE-2010)/2009-14
Amendment in the conditions and modalities for registration of contracts with DGFT for export of sugar.

Date: 16-05-2012
DGFT Policy Circular No 64(RE-2010)/2009-14
File applications for 58 SEZ ports codes.

Date: 15-05-2012
Customs Notification No 42/2012 (NT)
Amends Notification No. 36/2001-Customs(N.T) dated 3rd August 2001


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