Govt allows temporary customs duty relief
for SEZ units sold domestically
Central Government has notified conditional customs
duty concessions on the clearance of goods manufactured in Special Economic
Zones (SEZs) into the Domestic Tariff Area, with the objective of improving
capacity utilization in manufacturing units affected by global trade
disruptions.
Other Relevant Information
¨
This initiative will
benefit approximately 1,200 SEZ manufacturing units. It will help enable
economies of scale, reduce costs, and enhance flexibility, while simultaneously
preserving the export-oriented nature of SEZs.
¨
Duration: This
notification shall remain in force from April 1, 2026, to March 31, 2027.
¨
Concessional Rates:
Eligible SEZ manufacturing units have been permitted to supply goods to the DTA
at concessional duty rates. Such supplies may amount to up to 30% of the
highest FOB (Free on Board) export value realized during the preceding three
financial years. To prevent the accrual of dual benefits, export
incentives—such as duty drawback on inputs—are not permitted on such
clearances. DTA refers to the whole of India (including its territorial waters
and continental shelf) but excludes the specific designated areas of the SEZs.
As per Section 30 of the Special Economic Zones Act, 2005, the clearance of
goods from an SEZ into the DTA is deemed to be an ‘import’ into India and is
subject to applicable customs duties.
¨
Eligibility: The
notification lays down key eligibility criteria, mandating a minimum value
addition of 20% within the SEZ. This is calculated based on a prescribed
formula that takes into account the ‘assessable value’ and the ‘cost of
inputs.’
¨
Comprehensive Sectoral
Coverage: This concessional framework covers a wide range of sectors, including
minerals, chemicals, plastics, leather, wood and paper, textiles, footwear,
ceramics and glass, metals, machinery, transport equipment, instruments, arms,
and other manufactured goods. However, sectors such as agriculture (including
marine and processed food products, tobacco, etc.), marble and granite, gems
and jewelry, vehicles, toys, and petroleum are excluded from this scope.
¨
Compliance Requirements
for Concessional Duty: To avail of concessional duty benefits, SEZ units must
submit a certificate from the Development Commissioner confirming compliance.
Additionally, they are required to furnish an undertaking to pay the full duty
in the event of non-fulfillment of the stipulated conditions.
¨
Audit: These units shall
also be subject to audit under the SEZ Rules, 2006.
Special Economic Zones in India
¨
A Special Economic Zone
(SEZ) is a specifically demarcated duty-free enclave that is deemed to be
outside the customs territory of India for the purpose of authorized
operations. It operates under a distinct regulatory and fiscal framework
designed to promote trade and investment.
¨
SEZ units are established
for manufacturing, providing services, and warehousing activities, including
‘Free Trade Warehousing Zones’.
¨
Objectives of SEZs: SEZs
serve as engines of ‘export-led growth’ by generating additional economic
activity, promoting exports, attracting domestic and foreign investment,
creating employment opportunities, and developing world-class infrastructure.
¨
As of February 28, 2026,
there are 368 notified SEZs across India.
Key Incentives and Facilities Offered in
SEZs
¨
Facility for duty-free
import/domestic procurement of goods for the development, operation, and
maintenance of SEZ units.
¨
Exemption from Central
Sales Tax, Service Tax, and State Sales Tax. These taxes have now been subsumed
into GST, and under the IGST Act, 2017, supplies made to SEZs are ‘zero-rated’.
¨
Other cesses, if exempted
by the respective State Governments.
¨
A ‘Single Window
Clearance’ mechanism for Central and State-level approvals.
¨
Special Economic Zones
Act, 2005 and Special Economic Zones Rules, 2006
¨
The SEZ Act, 2005, and
the SEZ Rules, 2006, together provide a simplified framework that includes a
Single Window Clearance mechanism for Central and State-level approvals.
¨
This Act lays down the
guiding principles for SEZs—such as promoting economic activity, infrastructure
development, and employment generation—while also mandating ‘environmental
compliance’ by developers and units.
¨
Within the framework of
the SEZ Act and Rules, the performance and impact of SEZs are evaluated by the
Government based on monthly reports submitted by the Development Commissioners.
Development Commissioners are appointed by the Government to monitor the
functioning, approvals, and compliance of SEZ units.
¨
In June 2025, the SEZ
Rules, 2006, were amended to facilitate the establishment of SEZs specifically
for the manufacturing of ‘semiconductors’ and ‘electronic components’.