Compare reporting for SEZ supplies under old and new GST systems. Learn key changes in forms and declarations for accurate compliance.
Supplies of goods or services to a Special Economic Zone (SEZ) unit or developer are zero-rated under GST. You can supply either under a Letter of Undertaking (LUT) without paying tax, or on payment of IGST and then claim a refund. This guide explains both routes, the refund process, and the documentation required.
Deliveries originating from Special Economic Zone (SEZ) entities or developers within India are classified as inter-state transactions. When goods are supplied by an SEZ unit or developer to a Domestic Tariff Area (DTA) unit, accompanied by a Bill of Entry, they are considered imports. Integrated Goods and Services Tax (IGST) is levied on these items upon their entry into the DTA. The DTA unit is eligible to claim Input Tax Credit (ITC) for the IGST paid.
Recent Update March 14, 2020
The revised Goods and Services Tax (GST) return framework is scheduled for implementation in October 2020. Until September 2020, the current return filing methodology, encompassing GSTR-1, GSTR-2A, and GSTR-3B, will remain in effect. This implementation is contingent upon official notification from the Central Board of Indirect Taxes and Customs (CBIC).
This article will examine the reporting obligations for both suppliers and recipients concerning deliveries from SEZ units or developers, contrasting the procedures under the former and updated GST return systems.
Under the Prior Return Filing Framework
Under the previous system, any provision of goods (not accompanied by a Bill of Entry) or services by an SEZ unit or developer to a DTA unit required the SEZ to declare these transactions in GSTR-1. Specifically, the SEZ entity was mandated to enter these details in Table 4A of GSTR-1, designated for outward supplies not subject to reverse charge or e-commerce operator facilitation.
For goods received by a DTA unit from an SEZ unit or developer, when a Bill of Entry was present, the DTA unit was expected to record these as imports in its GSTR-2. However, with GSTR-2 being temporarily suspended in the old system, the DTA unit instead reported the Input Tax Credit (ITC) on these SEZ imports within Table 4A of GSTR-3B, under the category ‘ITC available – Import of goods’.
Under the Current Return Filing Framework
In the updated system, when an SEZ unit or developer provides goods (without a Bill of Entry) or services to a DTA unit, the SEZ is required to report these in Table 3B of GST ANX-1, under ‘Outward supplies other than attracting reverse charge’. These reported details will then be automatically transferred to Table 3A of the DTA unit’s GST ANX-2.
Conversely, if a DTA unit receives goods from an SEZ unit or developer with an accompanying Bill of Entry, the DTA unit must record these transactions. This reporting occurs in Table 3K of GST ANX-1, specifically for ‘Import of goods from SEZ units/developers on a Bill of Entry’. These entries will also be auto-populated to Table 3B of the DTA unit’s GST ANX-2. It is important to note that the reporting of supplies from SEZ units or developers requires manual entry until the automated data transfer from SEZs to the GSTN system becomes fully operational.
Old vs. New GST Return System Comparison
The method for reporting goods supplied (without a Bill of Entry) and services rendered by an SEZ unit or developer has transitioned from GSTR-1 to GST ANX-1. Similarly, the reporting of goods supplied with a Bill of Entry by a DTA unit has moved from GSTR-3B to GST ANX-1.
In both the previous and current frameworks, supplies from SEZ units or developers to DTA units must be reported invoice-wise, with the exception of GSTR-3B reporting. Additionally, under the new return filing system, SEZ units or developers are now obligated to declare the supply of goods (with a Bill of Entry) in Table 3D of GST RET-1, which covers ‘Details of supplies having no liability’.
Frequently Asked Questions
Are supplies to SEZ taxable under GST?
They are zero-rated – effectively taxed at 0% – so no tax burden remains on the supplier.
What are the two ways to supply to an SEZ?
Under LUT without paying tax, or by paying IGST and claiming a refund.
How do I claim a refund on SEZ supplies?
File the refund application with the SEZ officer’s endorsement and supporting documents.
Is ITC available on SEZ supplies?
Yes; being zero-rated, related ITC is available and refundable.
