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Proposal:
Moving from STPI to SEZ

www.bcshettyco.com

1
Contents
•

•
•

•
•

Moving to SEZ – Snapshot of SEZ Benefits
Evaluation
Comparison
• Benefits
• Obligations
Exhibit 1
Cost

www.bcshettyco.com

2
SNAPSHOT OF SEZ BENEFITS - UNIT

www.bcshettyco.com

3
Procedures for Setting up a Unit in SEZ
Approach SEZ
developer
Discussion /Briefing session
Details of
the form to
be
examined
by the
developer

Furnishing the application form
to allot Space in SEZ Unit

Obtaining the Willingness Letter
from developer to allocate space

www.bcshettyco.com

4
After obtaining willingness letter from SEZ developer/ Codeveloper for allocating space

Time - Working days

Online registration with SEZ Development Commissioner

Submission of Proposal* to the Development Commissioner
with Five Copies of Form F along with required documents

7- 15 days based
on availability of
information

Development Commissioner to scrutinize the proposal and
call for a meeting

Proposal Approved or rejected by Approval Committee

www.bcshettyco.com

15 – 45 days of
receiving
proposal

5
If proposal Approved

Letter of Approval (LOA) issued by Development
Commissioner** in Form G

15 days of meeting

Total ~ 60 days
Send acceptance letter along with Bond cum Legal
Undertaking to development commissioner

7 days of obtaining
LOA

Lease Agreement between the developer & Entrepreneur
(Form H) has to registered with sub registrar
6 months time allowed
Furnish copy of Registered Lease to the DC

** Development commissioner sits in Kochi

www.bcshettyco.com

6
Evaluation
For shifting or opening a new unit in SEZ,

things to be considered:



The Company has to make a thorough analysis of cost involved in setting up of new
unit and forecasted revenues.



If new unit setup involved procurement of Capital Goods in high number then SEZ or
STPI option is preferable since cost will be low as no duty payable thereon.



If the intention is to save income tax on high margin contracts, the only option
preferred is SEZ.



If the company intends to reduce statutory procedures, then a regular unit (NonSEZ/Non –STPI) is preferable however no tax concessions shall be available.

www.bcshettyco.com

7
Capital gains tax incidence on disposal of STP unit
Slump Sale

Normal Sale

In Case of transfer agreement
Whole of unit is sold/ transferred. Individual
value not known

In Case of transfer agreement
Individual value of assets to be considered

Valuation of Assets:
In case of depreciable assetsWDV of the assets
Others book value of the assets

Valuation of Assets:
Revalued amount of assets

No Indexation benefit will be available

Indexation benefit will be available only on land

LTCG if unit was held for more than 36
months irrespective of individual assets

LTCG or STCG is computed for individual assets

Note :
• For Sec 50 C computation is applicable to Land & Building
• 54EC and 54F exemption is available on LTCG

www.bcshettyco.com

8
Comparison between schemes: Benefits
Benefits

Normal scheme

STPI

SEZ

Eligible entity

Any

Having export and
local sales (allowed
50% of exports

Mainly into exports

Income Tax
exemption

No

No

Yes (15 years tax holiday,
But MAT @ 18.5%
applicable

Service Tax input
exemption

No. If export business then
can obtain refund. But will
take 3 years. So cash is stuck

Yes. However refund
of tax will take 3
years, so cash is stuck

Exempted. So cash is
freely available

Central sales tax
exempted: inputs

No

No, reimbursement
available

Yes

Customs duty
exempted: inputs

No

Yes

Yes

www.bcshettyco.com

9
Comparison between schemes: Benefits
Benefits

Normal scheme

STPI

SEZ

FDI investment

Restriction applicable

100% FDI allowed

100% FDI allowed

Single window
clearance from all
govt departments

No

Yes

Yes

Free External
commercial
borrowings

No

No

Yes upto $500 mn

www.bcshettyco.com

10
Comparison between schemes: Obligations
Obligations

Normal scheme

STPI

SEZ

Achieve positive Net Foreign exchange
earning

Not applicable

Yes

Yes

Separate books of accounts to be
maintained

Not required

Yes

Yes

Periodical reports submission

Not required

Yes. To
STPI

Yes. To SEZ
department

Execute bonds as guarantee against
duty benefits

Not required

Yes

Yes

www.bcshettyco.com

11
Major Indirect Benefits of Business Structuring for SEZ
 External commercial borrowing to USD 500 million in a year without any maturity
restriction through recognized banking channels
 100% FDI/NRI investment allowed under automatic route
 100% retention of export proceeds in Foreign Currency account

www.bcshettyco.com

12
Amount in INR

Exhibit 1:
Particulars

Normal
scheme

Under STPI
Scheme

a) Sales

100 Lakhs

100 Lakhs

100 Lakhs

b) Profit @ 20 % of sales

20 Lakhs

20 Lakhs

20 Lakhs

b) Income Tax rate

32.445%

32.445%

20%

c) Income Tax Payable

6.5 Lakhs

6.5 Lakhs

4 Lakhs

e) Input services (assuming
30% of sales)

30 Lakhs

30 Lakhs

30 Lakhs

f) Input Service Tax @
12.36% of e

3. 71
Lakhs

3. 71 Lakhs

NIL as Service
Tax is exempt

2.00 Lakhs

NIL

g) Interest on delayed refund
of ST @ 18% of
as there is 3 years delay in
obtaining refund
Total savings per annum

Under SEZ
scheme

Savings from
SEZ vis-a-vis
normal
scheme

2.5 Lakhs

Savings from
SEZ vis-avis
STPI

2.5 Lakhs

3.71 Lakhs
2.00 Lakhs

6.21 Lakhs

www.bcshettyco.com

4.50 Lakhs

13
Amount in INR

Exhibit 1: contd.
Particulars

2013-14

2014-15

a) Savings in Tax assuming
20% increase in sales every
year

4.50 Lakhs 5.40 Lakhs

b) Fixed Asset investment

(11.50
Lakhs)

2017-18

7.77 Lakhs

9.33 Lakhs

11.19 Lakhs

7.77 Lakhs

9.33 Lakhs

11.19 Lakhs

4 Lakhs

d)Net Cash flow from
operations (a-b+c)

2016-17

20 Lakhs

c) Shifting of old asset
allowed upto 20%

2015-16

5.40 Lakhs

e) Net cash flow at end of 5
years

28.68 lakhs

f) Difference in Rent from STPI
to SEZ

www.bcshettyco.com

14
Cost


We provide end to end compliance services for SEZ units. Cost of SEZ
registration is:
Particulars
Fees (In INR)
SEZ Registration with Cochin SEZ and
obtaining Letter of Approval

2,00,000

Terms & Conditions
•Unless a shorter period is established in the invoice, Client will promptly pay not later than 30 days
from the relevant invoice date failing which interest will become due at a rate of 1.5% per month
from the Due Date up to date payment is actually received.
•As fees quoted to the Client are based on the information provided by the Client and are
applicable to the time of submitting the fee quotation, the Firm reserves the right to increase its
charges if the Client’s instructions are found to be not in accordance with the initial details supplied
or used for the purpose of obtaining a fee quotation. Clients will be notified of any increase in fees.
•Additional fees shall be charged for (i) operations that are not included in the Contract and / or (ii)
rush orders, cancellation or rescheduling of services or any partial or full repeats which will be
payable at the Firm’s prevailing charging rates.
•Unless otherwise stated all fees quoted are exclusive of travelling and subsistence costs (which will
be charged to the Client at cost). All fees and additional charges are exclusive of any applicable
Service Tax.
www.bcshettyco.com

15
CONTACT US
# 137, B/w 4th and 5th Main, MES College Road, 15th cross, Malleshwaram,
Bangalore – 560003
 (080) 2344 3636  99451 79868  bcshettyco@gmail.com

Namratha Icon ,# 3 2nd Floor, Kundalahalli Extension, ITPL Main road, Opp.
Sterling Brookside Apartments, Bangalore – 560 037.
 99807 79868 / 98447 17161

Stylus Serviced Offices, Ground Floor, E 1 Block, Beech Building, Manyata
Embassy Business Park, Outer Ring Road, Bangalore 560045 , 080-42764562

www.bcshettyco.com

16
CONTACT US
# 37, “Ashritha”, Sirur Park,Vidyanagar, Hubli – 21.


(0836) 4251897  94481 21897 bcshettycohubli@gmail.com

Mahesh Prasad Complex, C.H.19, M.G. Road, Chamaraj Mohalla,
Mysore – 570064.


 +91 9964684376, Email: dinesh@bcshettyco.com

www.bcshettyco.com

17

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Feasability of moving from stpi or indian company to sez

  • 1. Proposal: Moving from STPI to SEZ www.bcshettyco.com 1
  • 2. Contents • • • • • Moving to SEZ – Snapshot of SEZ Benefits Evaluation Comparison • Benefits • Obligations Exhibit 1 Cost www.bcshettyco.com 2
  • 3. SNAPSHOT OF SEZ BENEFITS - UNIT www.bcshettyco.com 3
  • 4. Procedures for Setting up a Unit in SEZ Approach SEZ developer Discussion /Briefing session Details of the form to be examined by the developer Furnishing the application form to allot Space in SEZ Unit Obtaining the Willingness Letter from developer to allocate space www.bcshettyco.com 4
  • 5. After obtaining willingness letter from SEZ developer/ Codeveloper for allocating space Time - Working days Online registration with SEZ Development Commissioner Submission of Proposal* to the Development Commissioner with Five Copies of Form F along with required documents 7- 15 days based on availability of information Development Commissioner to scrutinize the proposal and call for a meeting Proposal Approved or rejected by Approval Committee www.bcshettyco.com 15 – 45 days of receiving proposal 5
  • 6. If proposal Approved Letter of Approval (LOA) issued by Development Commissioner** in Form G 15 days of meeting Total ~ 60 days Send acceptance letter along with Bond cum Legal Undertaking to development commissioner 7 days of obtaining LOA Lease Agreement between the developer & Entrepreneur (Form H) has to registered with sub registrar 6 months time allowed Furnish copy of Registered Lease to the DC ** Development commissioner sits in Kochi www.bcshettyco.com 6
  • 7. Evaluation For shifting or opening a new unit in SEZ, things to be considered:  The Company has to make a thorough analysis of cost involved in setting up of new unit and forecasted revenues.  If new unit setup involved procurement of Capital Goods in high number then SEZ or STPI option is preferable since cost will be low as no duty payable thereon.  If the intention is to save income tax on high margin contracts, the only option preferred is SEZ.  If the company intends to reduce statutory procedures, then a regular unit (NonSEZ/Non –STPI) is preferable however no tax concessions shall be available. www.bcshettyco.com 7
  • 8. Capital gains tax incidence on disposal of STP unit Slump Sale Normal Sale In Case of transfer agreement Whole of unit is sold/ transferred. Individual value not known In Case of transfer agreement Individual value of assets to be considered Valuation of Assets: In case of depreciable assetsWDV of the assets Others book value of the assets Valuation of Assets: Revalued amount of assets No Indexation benefit will be available Indexation benefit will be available only on land LTCG if unit was held for more than 36 months irrespective of individual assets LTCG or STCG is computed for individual assets Note : • For Sec 50 C computation is applicable to Land & Building • 54EC and 54F exemption is available on LTCG www.bcshettyco.com 8
  • 9. Comparison between schemes: Benefits Benefits Normal scheme STPI SEZ Eligible entity Any Having export and local sales (allowed 50% of exports Mainly into exports Income Tax exemption No No Yes (15 years tax holiday, But MAT @ 18.5% applicable Service Tax input exemption No. If export business then can obtain refund. But will take 3 years. So cash is stuck Yes. However refund of tax will take 3 years, so cash is stuck Exempted. So cash is freely available Central sales tax exempted: inputs No No, reimbursement available Yes Customs duty exempted: inputs No Yes Yes www.bcshettyco.com 9
  • 10. Comparison between schemes: Benefits Benefits Normal scheme STPI SEZ FDI investment Restriction applicable 100% FDI allowed 100% FDI allowed Single window clearance from all govt departments No Yes Yes Free External commercial borrowings No No Yes upto $500 mn www.bcshettyco.com 10
  • 11. Comparison between schemes: Obligations Obligations Normal scheme STPI SEZ Achieve positive Net Foreign exchange earning Not applicable Yes Yes Separate books of accounts to be maintained Not required Yes Yes Periodical reports submission Not required Yes. To STPI Yes. To SEZ department Execute bonds as guarantee against duty benefits Not required Yes Yes www.bcshettyco.com 11
  • 12. Major Indirect Benefits of Business Structuring for SEZ  External commercial borrowing to USD 500 million in a year without any maturity restriction through recognized banking channels  100% FDI/NRI investment allowed under automatic route  100% retention of export proceeds in Foreign Currency account www.bcshettyco.com 12
  • 13. Amount in INR Exhibit 1: Particulars Normal scheme Under STPI Scheme a) Sales 100 Lakhs 100 Lakhs 100 Lakhs b) Profit @ 20 % of sales 20 Lakhs 20 Lakhs 20 Lakhs b) Income Tax rate 32.445% 32.445% 20% c) Income Tax Payable 6.5 Lakhs 6.5 Lakhs 4 Lakhs e) Input services (assuming 30% of sales) 30 Lakhs 30 Lakhs 30 Lakhs f) Input Service Tax @ 12.36% of e 3. 71 Lakhs 3. 71 Lakhs NIL as Service Tax is exempt 2.00 Lakhs NIL g) Interest on delayed refund of ST @ 18% of as there is 3 years delay in obtaining refund Total savings per annum Under SEZ scheme Savings from SEZ vis-a-vis normal scheme 2.5 Lakhs Savings from SEZ vis-avis STPI 2.5 Lakhs 3.71 Lakhs 2.00 Lakhs 6.21 Lakhs www.bcshettyco.com 4.50 Lakhs 13
  • 14. Amount in INR Exhibit 1: contd. Particulars 2013-14 2014-15 a) Savings in Tax assuming 20% increase in sales every year 4.50 Lakhs 5.40 Lakhs b) Fixed Asset investment (11.50 Lakhs) 2017-18 7.77 Lakhs 9.33 Lakhs 11.19 Lakhs 7.77 Lakhs 9.33 Lakhs 11.19 Lakhs 4 Lakhs d)Net Cash flow from operations (a-b+c) 2016-17 20 Lakhs c) Shifting of old asset allowed upto 20% 2015-16 5.40 Lakhs e) Net cash flow at end of 5 years 28.68 lakhs f) Difference in Rent from STPI to SEZ www.bcshettyco.com 14
  • 15. Cost  We provide end to end compliance services for SEZ units. Cost of SEZ registration is: Particulars Fees (In INR) SEZ Registration with Cochin SEZ and obtaining Letter of Approval 2,00,000 Terms & Conditions •Unless a shorter period is established in the invoice, Client will promptly pay not later than 30 days from the relevant invoice date failing which interest will become due at a rate of 1.5% per month from the Due Date up to date payment is actually received. •As fees quoted to the Client are based on the information provided by the Client and are applicable to the time of submitting the fee quotation, the Firm reserves the right to increase its charges if the Client’s instructions are found to be not in accordance with the initial details supplied or used for the purpose of obtaining a fee quotation. Clients will be notified of any increase in fees. •Additional fees shall be charged for (i) operations that are not included in the Contract and / or (ii) rush orders, cancellation or rescheduling of services or any partial or full repeats which will be payable at the Firm’s prevailing charging rates. •Unless otherwise stated all fees quoted are exclusive of travelling and subsistence costs (which will be charged to the Client at cost). All fees and additional charges are exclusive of any applicable Service Tax. www.bcshettyco.com 15
  • 16. CONTACT US # 137, B/w 4th and 5th Main, MES College Road, 15th cross, Malleshwaram, Bangalore – 560003  (080) 2344 3636  99451 79868  bcshettyco@gmail.com Namratha Icon ,# 3 2nd Floor, Kundalahalli Extension, ITPL Main road, Opp. Sterling Brookside Apartments, Bangalore – 560 037.  99807 79868 / 98447 17161 Stylus Serviced Offices, Ground Floor, E 1 Block, Beech Building, Manyata Embassy Business Park, Outer Ring Road, Bangalore 560045 , 080-42764562 www.bcshettyco.com 16
  • 17. CONTACT US # 37, “Ashritha”, Sirur Park,Vidyanagar, Hubli – 21.  (0836) 4251897  94481 21897 bcshettycohubli@gmail.com Mahesh Prasad Complex, C.H.19, M.G. Road, Chamaraj Mohalla, Mysore – 570064.   +91 9964684376, Email: dinesh@bcshettyco.com www.bcshettyco.com 17