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Core Purpose

Notification amending an earlier Integrated Tax notification under Section 16(4) of the Integrated Goods and Services Tax Act, 2017, with retrospective effect, to extend integrated-tax export/refund provisions to supplies made to SEZ Developers or units.

Detailed Summary

The Ministry of Finance (Department of Revenue, Central Board of Indirect Taxes and Customs), vide Notification No. 05/2023-Integrated Tax, G.S.R. 797(E) dated 26th October 2023, exercising powers under sub-section (4) of Section 16 of the Integrated Goods and Services Tax Act, 2017 (13 of 2017), on the recommendations of the GST Council, amends Notification No. 01/2023-Integrated Tax dated 31st July 2023 (G.S.R. 578(E)) by substituting, with retrospective effect from 1st October 2023, the provision so that integrated tax on export of goods or services may be paid with refund of the tax, and extending the same treatment to supplies made to a Developer or a unit in a Special Economic Zone undertaking authorised operations, with "authorised operations", "Developer", "Special Economic Zone" and "unit" defined by reference to the Special Economic Zone Act, 2005 (28 of 2005); the notification, filed under F. No. CBIC-20001/10/2023-GST, is signed by Raghavendra Pal Singh, Director.

Full Text

6820 GI/202 3 (1) रजिस्ट्री सं. डी.एल.- 33004/99 REGD. No . D. L. -33004/99 EXTRAORDINARY PART II —Section 3 —Sub-section ( i) PUBLISHED BY AUTHORITY No. 619] NEW DELHI, THURS DAY , OCTOBER 2 6, 2023/ KARTIKA 4, 1945 CG-DL-E-26102023-249697 MINISTRY OF FINANCE (Department of Revenue) (CENTRAL BOARD OF INDIRECT TAXES AND CUSTOMS ) NOTIFICATION New D elhi, the 26th October, 2023 No. 05/2023 – Integrated Tax G.S.R . 797(E).— In exercise of the powers conferred by sub -section (4) of section 16 of Integrated Goods and Services Tax Act, 2017 (13 of 2017), the Central Government, on the recommendations of the Council, hereby makes the following amendment in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 01/2023 -Integrated Tax, dated the 31st July, 2023, publish ed in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (i), vide number G.S.R. 578 (E), dated the 31st July, 2023, namely: - In the said notification, for the portion commencing with the words “all goods or services” and ending with the w ords “the refund of tax so paid: ”, the following shall be substituted and shall be deemed to have been substituted with effect from the 1st day of October, 2023, namely: — “(i) all goods or services (except the goods specified in column (3) of the TABLE below) as the class of goods or services which may be exported on payment of integrated tax and on which the supplier of such goods or services may claim the refund of tax so paid ; and (ii) all suppliers to a Developer or a unit in Special Economic Zone undertaking authorised operations as the class of persons who may make supply of goods or services ( except the goods specified in column (3) of the TABLE below) to such Developer or a unit in Special Economic Zone for authorised operations on payment of integrated tax and on which the said suppliers may claim the refund of tax so paid: Explanation,. – For the purpose of this clause: — (i) the term “authorised operations” shall have the same meaning as defined in clause (c) of Section 2 of the Special Economic Zone Act, 2005 (28 of 2005), (ii) the term “Developer” shall have the same meaning as defined in clause (g) of Section 2 of the Special Economic Zone Act, 2005 (28 of 2005), (iii) the term “Special Economic Zone” shall have the same meaning as defined in clause (za) of Section 2 of the Special Economic Zone Act, 2005 (28 of 2005), (iv) the term “unit” shall have the same meaning as defined in clause (zc) of Section 2 of the Special Economic Zone Act, 2005 (28 of 2005). 2. This notification sha ll come into force on the date of its publication in the Official Gazette. [F. No. CBIC -20001/10/2023 -GST] RAGHAVENDRA PAL SINGH , Director Note: The principal notification No. 01/2023 - Integrated Tax, dated the 31st July, 2023, was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub -section (i) vide number G.S.R. 578(E), dated the 31st July, 2023. Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications , Delhi -110054.

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