Amendment allows Export Refunds and SEZ Supplies for Integrated Tax

Background:

Earlier, the GST Council in its 52nd meeting recommended to amend Notification No. 1/2023-Integrated Tax dated July 31, 2023 w.e.f. October 01, 2023 so as to allow the suppliers of Special Economic Zone developer or unit, for authorised operations to make supply of goods or services (except the commodities like pan masala, tobacco, gutkha, etc. mentioned in the Notification No. 1/2023-Integrated Tax dated July 31, 2023) to the Special Economic Zone Developer or Unit for authorised operations on payment of integrated tax and claim the refund of tax so paid.

Notification:

Now the CBIC vide Notification No. 5/2023 – Integrated Tax dated October 26, 2023 the portion commencing with the words “all goods or services” and ending with the words “the refund of tax so paid:”, shall be substituted with the following:

NOTIFICATION

New Delhi, the 31st July, 2023

No. 01/2023 – Integrated Tax

G.S.R. 578(E).—In In exercise of the powers conferred by sub-section (4) of section 16 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017) (hereafter referred to as the “said Act”), the Central Government on the recommendations of the Council, hereby notifies:

“(i) all goods or services (except the goods specified in column (3) of the TABLE below) as the class of goods or services which may be exported on payment of integrated tax and on which the supplier of such goods or services may claim the refund of tax so paid; and

(ii) all suppliers to a Developer or a unit in Special Economic Zone undertaking authorised operations as the class of persons who may make supply of goods or services (except the goods specified in column (3) of the TABLE below) to such Developer or a unit in Special Economic Zone for authorised operations on payment of integrated tax and on which the said suppliers may claim the refund of tax so paid:

 Explanation,.– For the purpose of this clause:—

(i) the term “authorised operations” shall have the same meaning as defined in clause (c) of Section 2 of the Special Economic Zone Act, 2005 (28 of 2005),

(ii) the term “Developer” shall have the same meaning as defined in clause (g) of Section 2 of the Special Economic Zone Act, 2005 (28 of 2005),

(iii) the term “Special Economic Zone” shall have the same meaning as defined in clause (za) of Section 2 of the Special Economic Zone Act, 2005 (28 of 2005),

(iv) the term “unit” shall have the same meaning as defined in clause (zc) of Section 2 of the Special Economic Zone Act, 2005 (28 of 2005)

The substitution made in the Notification would be effective from October 1, 2023.

The Notification can be accessed at: https://egazette.gov.in/WriteReadData/2023/249697.pdf

(Author can be reached at info@a2ztaxcorp.com)

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