SEZ In India


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SEZ In India

  1. 1. Special Economic Zones (SEZ) in India SEZ in India
  2. 2. Concept and Meaning of SEZ <ul><li>India was one of the first in Asia to recognize the effectiveness of the Export Processing Zone (EPZ) model in promoting exports, with Asia’s first EPZ set up in Kandla in 1965. </li></ul><ul><li>With a view to overcome the shortcomings experienced on account of the multiplicity of controls and clearances; absence of world-class infrastructure, and  an unstable fiscal regime and with a view to attract larger foreign investments in India, the Special Economic Zones (SEZs) Policy  was announced in April 2000 </li></ul>SEZ in India
  3. 3. Definition of SEZ <ul><li>Special Economic Zone means an area that has been specified as an enclave that is duty free and is treated as a foreign territory for various purposes such as tariffs, trade operations, and duties. </li></ul><ul><li>A Special Economic Zone (SEZ) has economic laws that are more liberal than a country's typical economic laws. </li></ul><ul><li>The category 'SEZ' covers a broad range of specific zone </li></ul><ul><li>SEZ includes Free Trade Zones (FTZ), Export Processing Zones (EPZ), Free Zones (FZ), Industrial Estates (IE), Free Ports, Urban Enterprise Zones and others. </li></ul>SEZ in India
  4. 4. History of Special Economic Zones <ul><li>From 1965 onwards, India experimented with the concept of such units in the form of Export Processing Zones (EPZ). </li></ul><ul><li>But a revolution came in 2000, when Murlisone Maran, then Commerce Minister, made a tour to the southern provinces of China. After returning from the visit, he incorporated the SEZs into the Exim Policy of India. Five year later, SEZ Act (2005) was also introduced and in 2006 SEZ Rules were formulated. </li></ul>SEZ in India
  5. 5. objectives of setting up SEZ in India <ul><li>Generation of additional economic activity </li></ul><ul><li>Promotion of exports of goods and services </li></ul><ul><li>Promotion of investment from domestic and foreign sources </li></ul><ul><li>Creation of employment </li></ul><ul><li>Development of infrastructure facilities </li></ul><ul><li>Simplified procedures for development, operation, and maintenance of the Special Economic Zones and for setting up units and conducting business </li></ul><ul><li>Single window clearance for setting up of a SEZ and an unit in SEZ </li></ul><ul><li>Single window clearance on matters relating to Central as well as State Governments </li></ul><ul><li>Easy and simplified compliance procedures and documentations with stress on self certification </li></ul>SEZ in India
  6. 6. Benefits from SEZs <ul><li>Investment of the order of Rs.100,000 crore including FDI of US $ 5-6 billion by the end of December 2007, and </li></ul><ul><li>500,000 direct jobs by December 2007. </li></ul><ul><li>At present, 1016 units are in operation in the SEZs, providing direct employment to over 1.79 lakh persons; about 40 per cent of whom are women. </li></ul><ul><li>Exports from the SEZs during the 10-year period could touch 352 billion dollars, nearly half of India’s total annual exports, with IT and ITeS SEZs contributing 30 per cent at 105 billion dollars </li></ul>SEZ in India
  7. 7. Facilities of SEZ in India <ul><li>Exemption on duties on Indian capital goods and inputs are offered as per the requirements of the approved business activity </li></ul><ul><li>Taxes are either exempted or waived and even reimbursed in case they are paid in advanced to the concerned authority </li></ul><ul><li>Duty-free imports of spares, raw materials, capital goods, and consumables are offered as per the requirements of the approved business activity </li></ul><ul><li>Preferential treatment of these units to the Indian market for easy dissemination of their products and / or service </li></ul><ul><li>Rejected commodities (specifically barred commodities cannot be sold) within an overall limit of 50% may be sold in the domestic tariff area (DTA) on payment of respective duties as applicable after proper notification to the Indian customs authorities. And such sales of commodities in the domestic tariff area shall be counted against DTA sale entitlement and sale of such rejected commodities (up to 5% of FOB value of exports) shall not be subject to achievement of NFE </li></ul><ul><li>All EOU / EHTP / STP / BTP units may sell their finished products or services (excluding pepper and pepper products and marble) Units manufacturing electronics hardware and software, the NFE and direct tariff area (DTA) sale entitlement shall be judged separately for its hardware and software products </li></ul><ul><li>Facilitated to retain 100 % in foreign currency in EEFC account of the said trader </li></ul><ul><li>Tax waiver of dividends and profits for repatriates, without any application of repatriation tax </li></ul><ul><li>Total tax exemption on corporate incomes as per the provisions of Section 10 A and 10 B of the Indian Income Tax Act </li></ul><ul><li>Easy and automatic acceptance system for use of existing trademarks, brand names and technological know-how </li></ul>SEZ in India
  8. 8. Facilities of SEZ in India <ul><li>Facilitated with out-sourcing of subcontract capacities for export production against orders secured by other SME units </li></ul><ul><li>All SEZ units, (excluding gems and jewelry units) may sell goods up to 50% of FOB value of exports subject to fulfillment of positive NFE on payment of concessional duties. Within the entitlement of domestic tariff area (DTA) sale, the unit may sell in DTA its products similar to the goods, which are exported or expected to be exported from the units </li></ul><ul><li>Facilitated with out-sourcing of subcontract of production or part of production process to Indian or any foreign units </li></ul><ul><li>Sale to direct tariff agreement is subject to mandatory requirement of registration for pharmaceutical products and inclusive of bulk drugs </li></ul><ul><li>For Software services units, the sale in the DTA in any mode, including on line data communication shall be permitted up to 50% of FOB value of exports and / or 50% of foreign exchange earned through exports of such services, where the payment of such services offered to its overseas clients, is received in foreign exchange </li></ul><ul><li>SEZ units associated with manufacturing gems and jewelry may sell up to 10% of FOB value of exports of the preceding year in direct trade agreement and subject to fulfillment of positive NFE. Further, in case of sale of plain jewelry, the recipient of such trade shall pay concessional rate of duty as applicable. Furthermore, in case of studded jewelry, duty shall be payable as recommended and amended from time to time </li></ul><ul><li>Total exemption of duties / taxes on scrap or waste or remnants in case the said crap or waste or remnants are destroyed as per the approval of the customs authorities of India </li></ul><ul><li>If the end products is a by-product and it is included in the LOP, then it may also be sold in the direct tariff area, subject to achievement of positive NFE on payment of applicable duties within the provisions of such laws. The sale of such by-products by units those are not entitled to direct tariff area sales </li></ul><ul><li>Facilitated with out-sourcing of subcontract capacities for export production against orders secured by other units </li></ul>SEZ in India
  9. 9. <ul><li>The main objectives of the SEZ Act are : </li></ul><ul><li>Generation of additional economic activity; </li></ul><ul><li>Promotion of exports of goods and services; </li></ul><ul><li>Promotion of investment from domestic and foreign sources; </li></ul><ul><li>Creation of employment opportunities; and </li></ul><ul><li>Development of infrastructure facilities </li></ul>SEZ in India
  10. 10. <ul><li>The salient features/provisions of SEZ Rules </li></ul><ul><li>Different minimum land requirement for different class of SEZs; </li></ul><ul><li>Every SEZ is divided into a processing area where alone the SEZ units would come up and the non-processing area where the supporting infrastructure is to be created; </li></ul><ul><li>Simplified procedures for development, operation and maintenance of the Special Economic Zones and for setting up units and conducting business in SEZs; </li></ul><ul><li>Single window clearance for setting up of an SEZ; </li></ul><ul><li>Single window clearance for setting up a unit in a Special Economic Zones; </li></ul><ul><li>Single window clearance for matters relating to Central as well as State Governments; </li></ul><ul><li>Simplified compliance procedures and documentation with an emphasis on self certification. </li></ul>SEZ in India
  11. 11. SEZ Controversy <ul><li>In spite of the strong objectives of the Indian Government The SES policy is in following controversy </li></ul><ul><li>Generation of little new activity as there may be relocation of industries to take advantage of tax concessions, </li></ul><ul><li>Revenue loss d ue to Tax exemption . </li></ul><ul><li>Large-scale land acquisition by the developers, may lead to displacement of farmers with meager compensation, </li></ul><ul><li>Acquisition of prime agricultural land, having serious implications for food security, Misuse of land by the developers for real estate </li></ul><ul><li>Uneven growth aggravating regional inequalities. </li></ul>SEZ in India
  12. 12. SEZs - A global Overview <ul><li>World Bank estimates, as of 2007 there are more than 3,000 projects taking place in SEZs in 120 countries worldwide. </li></ul><ul><li>The SEZ concept proved a success in China and Poland. In China over 20 per cent of Foreign Direct Investment (FDI) flows into SEZ and generated 10 per cent of exports. Poland's SEZs received 35 per cent of FDI flows. </li></ul><ul><li>Indian must re-design the SEZ policy to suit its needs and not borrow the Chinese model. </li></ul><ul><li>SEZs have been implemented using a variety of institutional structures across the world ranging from fully public (government operator, government developer, government regulator) to 'fully' private (private operator, private developer, public regulator). </li></ul>SEZ in India