CBIC Clarifies Duty Drawback Rules for Re-export of SEZ Goods
CBIC allows duty drawback on re-export of SEZ goods cleared to DTA
Business Standard
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The Central Board of Indirect Taxes and Customs (CBIC) has clarified that goods moved from Special Economic Zones (SEZ) to the Domestic Tariff Area (DTA) will be treated as imported goods for duty drawback purposes upon re-export. This clarification aims to standardize practices and reduce disputes across customs formations.
- 01Goods from SEZ to DTA are now considered imports for duty drawback.
- 02The clarification aims to unify practices across customs formations.
- 03Duty drawback under Section 74 of the Customs Act applies if duties are paid.
- 04The move is expected to reduce litigation and ease cash flows for exporters.
- 05Legal provisions from the Special Economic Zones Act support this clarification.
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The Central Board of Indirect Taxes and Customs (CBIC) has issued a notification clarifying that goods cleared from Special Economic Zones (SEZ) to the Domestic Tariff Area (DTA) on payment of applicable duties will be treated as 'imported goods' for duty drawback purposes under Section 74 of the Customs Act, 1962. This decision, announced on April 27, addresses inconsistent practices among customs field formations regarding the eligibility of such goods for duty drawback claims. The clarification emphasizes that as long as the goods are duty-paid and identifiable, they qualify for drawback upon re-export. Experts like Abhishek A Rastogi and Ikesh Nagpal have welcomed this move, noting it will bring uniformity, reduce litigation, and ease cash flow for exporters and businesses sourcing goods from SEZs. The CBIC's reliance on the Special Economic Zones Act further solidifies the legal framework supporting this clarification.
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This clarification will streamline the duty drawback process for exporters, potentially improving cash flow and reducing disputes over claims.
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