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ramesh (n/a)     27 May 2011

STPI to SEZ

Hi,

We are a software service company presently registered as an STPI Unit since last 3 years;

Since the tax exemption for STPI Unit is over, we are exploring the option of getting transferring to SEZ area.

Can any body advice if an STPI Unit tranfer to SEZ area;

Can we continue to get the tax exemption in the SEZ? If yes for how long and what would be conditions attached to it.

In case any body has any information on the above would be highly useful

Many thanks in advance

Best Regards

Ramesh


 



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 5 Replies

A V Vishal (Advocate)     27 May 2011

The tax relief or exemption given to units developing Special Economic Zone or units located in a special economic got a severe beating in this budget 2011-12 which has now made units operating in SEZ units Liable to Minimum Alternate Tax , where as the developer or maintaining and running a SEZ units are made to –pay MAT and also tax on distributed income ( Dividend Distribution Tax ).

Effect of Budget on units operation in Special Economic Zones

Under the existing provisions of section 10AA of the Income-tax Act, a deduction of hundred per cent. is allowed in respect of profits and gains derived by a unit located in a Special Economic Zone (SEZ) from the export of articles or things or services for the first five consecutive assessment years; of fifty per cent. for further five assessment years; and thereafter, of fifty per cent. of the ploughed back export profit for the next five years.

Under the existing provisions of section 115JB(6), an exemption is allowed from payment of minimum alternate tax (MAT) on book profit in respect of the income accrued or arising on or after 1st April, 2005 from any business carried on, or services rendered, by an entrepreneur or a Developer, in a Unit or Special Economic Zone (SEZ), as the case may be.
It is proposed under Budget 2011- there will not be any exemption from minimum alternate tax in the case of SEZ Developers and units in SEZs in the Income-tax Act as well as the SEZ Act. From 1st April 2012.

ramesh (n/a)     27 May 2011

Many thanks for quick reply,

I understand MAT would be applicable,

But I wan't to check if an existing company set up an unit in SEZ area and qualify for Income Tax Exemption?

If yes, will it be given 100% deduction for the first 5 years and thereafter 50% for next 5 years so on...

Please advice

Regards

Ramesh

A V Vishal (Advocate)     27 May 2011

Except Income tax exemption (Since MAT is applicable) all other exemptions continue.

RAMESH KUMAR VERMA (pursuing company secretary course)     28 May 2011

KIND ATTENTION RAMESH JI,

AS PER PARA 6.36.3OF HANDBOOK OF PROCEDURE OF VOL-1 2009-2014, YOU MAY SHIFTED TO SEZ WITH THE APPROVAL OF DEVELOPMENT COMMISSIONER PROVIDED STPI HAS ACHIEVED PRO-RATA OBLIGATION UNDER STPI UNIT.

REGARDS,

FOR MORE INFORMATION CONTACT:-

https://www.stpi.in/index1.php?langid=1&level=0&linkid=141&lid=221

ramesh (n/a)     29 May 2011

Dear Verma Ji,

Many thanks for quoting the para; I will have a detail lookinto the above reference;

We are ahead of the STPI Obligation so far, so that part is take care off;

But my main query is, can we avail Income Tax Benefit in SEZ as we are not a new company?

If yes, wil there be any condition attached to it?

Regards

Ramesh

 


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