SEZ units are not exempt from compensation cess under GST

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Key Points

The high court observed that Sections 7, 26 and 50 of the. , 2005, are the three main provisions which allow the SEZ units to claim the exemptions of duties, tax, cess and certain drawbacks and concessions...

The SEZ Act is a self-contained law that provides exemptions from various taxes and duties, including those on goods imported and exported by developers and units in SEZs..

On considering Section 26(1)(a) and 2(zd) of SEZ Act along with Section 2(15) of the Customs Act, it becomes clear that duty of customs used in Section 26(1)(a) pertains only to duty of customs and not any cess much-less the GST Compensation cess..

GST Act. . Accordingly, the AP high court held that GST Compensation cess is not exempt on import of goods (the case under consideration dealt with import of coal) by an SEZ unit...

The industry may represent to the government for a retrospective exemption from payment of GST compensation cess in case of import of goods by an SEZ unit..

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