Limited Trading between SEZ and DTA Allowed as “Re-export” to SEZ with Duty Refund

Ψ  Rule 49: Domestic Tariff Area Removals abatement of duties in certain cases

Special Economic Zones (Third Amendment) Rules, 2026

Notification: G.S.R. 893(E)
Legal provision: Section 55 of the Special Economic Zones Act, 2005
Amendment: Substitution of Rule 49(2) of the SEZ Rules, 2006
Effective date: Date of publication in the Official Gazette.

1. Return of Duty-Paid Goods to SEZ Units

·         SEZ Units may bring back goods supplied to the Domestic Tariff Area (DTA) on payment of duty in the following circumstances:

o    Change in fashion.

o    Change in market conditions.

o    Default in the terms of the sale agreement resulting in the DTA buyer failing to take delivery.

·         The goods must be returned within 30 days from the date of clearance from the SEZ Unit.

2. Conditions for Return of Goods
The following conditions must be satisfied:

·         Identity of goods: The identity of the returned goods must be established to the satisfaction of the Specified Officer.

·         No benefits availed by DTA buyer: The Unit must provide evidence that the DTA buyer who failed to take delivery has not availed any benefits, including input tax credit.

·         Separate inventory: The Unit must maintain a separate inventory of returned goods in an auditable format.

3. Resale of Returned Goods

·         SEZ Units may resell the returned goods in the DTA:

o    To the original buyer; or

o    To a different buyer.

·         The goods must be resold without any alteration to their original condition.

·         Applicable duty under Section 30 of the SEZ Act must be paid as if the resale were a fresh sale into the DTA.

4. Refund of Duty on Original Clearance

·         Refund of duty paid at the time of the original clearance must be sought from the appropriate authority in accordance with Rule 47(5) of the SEZ Rules, 2006.

·         Refund of duties on goods received back will be governed by the provisions of the Customs Act, 1962.

5. Return of Goods for Repairs

·         Goods supplied by an SEZ Unit to the DTA on payment of applicable duties may be returned to the Unit for repairs.

·         The goods must be brought back within:

o    Six months from the date of clearance; or

o    Such extended period as may be permitted by the Specified Officer; or

o    The warranty period, whichever is later.

·         Duty is payable on the value of repairs, subject to the condition that the identity of the goods is established to the satisfaction of the Specified Officer.

Effect of this Notification

The amendment provides a formal mechanism for SEZ Units to receive back duty-paid goods when DTA buyers fail to take delivery because of changes in fashion or market conditions, or contractual defaults.

It also permits the resale of returned goods in the DTA as a fresh sale, subject to applicable duty, and facilitates the return of goods for repairs with duty payable on the value of repairs.

Key compliance points:

·         30 days: Return of goods when the DTA buyer fails to take delivery.

·         No input tax credit or other benefits: Evidence must be provided that the DTA buyer has not availed such benefits.

·         No alteration: Returned goods must remain in their original condition for resale.

·         Repairs: Return within six months, an extended period allowed by the Specified Officer, or the warranty period, whichever is later.

·         Duty on repairs: Payable on the value of repairs, subject to identity verification.

 

[MoC Notification G.S.R. 893(E) dated 15 October, 2026]

G.S.R. 893(E).— In exercise of the powers conferred by section 55 of the Special Economic Zones Act, 2005 (28 of 2005), the Central Government hereby makes the following rules further to amend the Special Economic Zones Rules, 2006, namely: –

1.    Short title and commencement. – (1) These rules may be called the Special Economic Zones (Third Amendment) Rules, 2026.

(2) They shall come into force on the date of their publication in the Official Gazette.

2.    In the Special Economic Zones Rules, 2006, in rule 49, for sub-rule (2), the following sub-rule shall be substituted, namely: –

“(2) Goods supplied by a Unit into Domestic Tariff Area on payment of duty may be brought back to the Unit in the following cases, –

(a)  Where a Domestic Tariff Area buyer fails to take delivery of the goods due to change in fashion, change in market conditions, or default in conditions of agreement relating to the sale, such duty paid goods shall be brought back by the Unit within thirty days from the date of clearance from the SEZ Unit subject to the condition that, –

(i)  the identity of the goods is established to the satisfaction of the Specified Officer;

(ii)   the Unit provides evidence, to the satisfaction of the Specified Officer, that no benefits including input tax credit have been availed by the Domestic Tariff Area buyer who has failed to take delivery of the goods; and

(iii)  a separate inventory of such returned goods is maintained by the Unit in auditable format;

(b)  the Units are permitted to re-sell the said goods without any alteration of the original condition of the goods, in the Domestic Tariff Area either to the same buyer or to different buyer on payment of applicable duty under section 30 of the Act as if it is a fresh sale in the Domestic Tariff Area;

(c)   the refund of duty paid at the time of original clearance shall be made with the appropriate authority in accordance with sub-rule (5) of rule 47 and the refund of duties on goods so received back shall be in terms of the provisions of the Customs Act, 1962;

(d)  in cases where repairs are to be carried out on the goods supplied by a Unit to the Domestic Tariff Area on payment of applicable duties, such goods shall be brought back to the Unit for the purpose of repair within a period of six months from the date of clearance or within such period as may be extended by the Specified Officer or within the warranty period whichever is later, on payment of duty on the value of repairs subject to the condition that the identity of the goods is established to the satisfaction of the Specified Officer.".

[F. No. K-43014/11/2024-SEZ]