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SEZ units have to achieve net positive foreign exchange earnings as per the
formula given in paragraph Appendix 14-II (Para 12.1) of the handbook
mentioned above. A legal undertaking to this effect has to be given by the
unit to the Development Commissioner
Any company set up with Foreign Direct Investment (FDI) has to also be
incorporated under the Indian Companies Act to operate in India.
10.What are the rules that govern the setting up of units in a SEZ in
India?
There are two documents that govern the setting up of units in a SEZ:
1. The SEZ Act of India, 2005
2. The SEZ rules 2006
Any company set up with FDI has to be incorporated under the Indian
Companies Act with the Registrar of Companies for undertaking Indian
operations
The units are also to execute a bond with the zone Customs for their
operations in the SEZ.
23.Can units operate both in the domestic tariff area (DTA) and SEZ
area?
A company can set up units both in the SEZ and DTA, provided separate
accounting procedures are maintained by the units. A unit in the DTA cannot
export to itself in the SEZ.
25.Can SEZ units do job work for domestic companies for exports?
Yes. SEZ units can do contract work for domestic companies, provided all raw
material including semi-finished goods and consumables including fuel is
supplied by the DTA exporter. The finished goods must be directly exported
from the SEZ unit on behalf of the DTA exporter. The export document is
jointly in the name of the DTA unit and the SEZ unit. The DTA exporter is
eligible for refund of duty paid on the inputs by way of brand rate of duty
drawback.
29.Are sales permitted from one unit to another in a SEZ or from one
SEZ to another?
Yes. Inter Unit Sales are permitted as per the Policy. Buyer procuring from
another unit pays in Foreign Exchange.
34.If one buy goods from DTA should they require paying State Sales
Tax and Excise?
NO. State has exempted the sales from DTA to SEZ from local levies and
taxes.
Self-certification
Warehouses/ICD
Drawback/DEPB
CST Exemption