SEZ Under GST: Definition, Transaction, E-way Bill and LUT Applicability

SEZs or Special Economic Zones are areas within a country that are treated as foreign territories for tax purposes. In simple terms, even though an SEZ is located within a country, it's considered to be in a foreign territory. If supply is made to an SEZ it is considered as an export leading to no GST. However, if the supply is made from SEZ to any other part of the country, it is an interstate supply, and as a result, the Integrated Goods and Service Tax (IGST) becomes applicable. That said, there’s an exception to this rule: If a supply is made from an SEZ to a DTA (Domestic Tariff Area), it will be treated as an import and will again out of the periphery of GST.

For example: Let's say you have a business in Mumbai, and you're supplying goods to an SEZ in Pune. Even though both locations are in the same state of Maharashtra, the transaction is considered an interstate supply under GST. So, you'll have to deal with IGST. Now, if you receive goods/services from a non-SEZ location to your business set up in an SEZ, it will become an export and GST will not be applicable altogether.

Any supply of goods or services to an SEZ is considered a zero-rated supply. This means these supplies attract a zero tax rate under GST. You have two options when supplying to an SEZ:

• Supply under bond or Letter of Undertaking (LUT) without payment of IGST and claim Input Tax Credit (ITC)
• Make GST payment under IGST and claim a refund of the taxes paid

An e-Way bill is an electronic waybill that's required to relocate or move goods worth more than Rs 50,000. It's a critical document in the GST framework and is applicable to SEZ transactions under GST as well. So, if you're moving goods to or from an SEZ, you must carry a valid e-Way bill along.

SEZ transactions under GST primarily fall into two categories as mentioned below:

• Exports: Goods or services that are moved out of the SEZ to another unit in the same SEZ or different SEZ; or goods/services moved from an SEZ out of India. (w.r.t. the SEZ supplier)
• Imports: Conversely, any goods or services coming into the SEZ from other parts of the country or from foreign territories are termed as imports. (w.r.t. the recipient in SEZ)
• Interstate Supplies: This is when a supply is made from an SEZ to a non-SEZ area (except for DTAs). In such cases, it is considered an interstate supply and hence, IGST is applicable to the same.

Understanding the tax implications is crucial for smooth SEZ transactions under GST. Here's how it works:

• Regular Supplies: When an SEZ unit supplies goods or services to any entity outside the SEZ, it's treated as a regular interstate supply. This means Integrated Goods and Service Tax (IGST) is applicable to such transactions.
• Supplies to Domestic Tariff Area (DTA): If an SEZ unit supplies goods or services to a Domestic Tariff Area, it's considered an export to the DTA. In such cases, customs duties apply and the transaction is subject to export documentation and procedures.

Letter of Undertaking (LUT) is a commitment provided by the supplier to the government, assuring that they will adhere to all the rules and regulations of exports as per the GST law. You can supply goods to an SEZ under LUT without paying IGST. This is particularly useful for businesses having frequent transactions with SEZs.