Harun Raaj & AssociatesHarun Raaj & Associates
Exporters — Tax, GST & FEMA

SEZ Tax Exemption — Section 10AA

Section 10AA — SEZ

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Regulatory Framework

Income Tax Act, 1961: Section 10AA grants a profit-linked tax exemption to units set up in Special Economic Zones (SEZs) that begin manufacture, production, or provision of services during the eligible period. The exemption runs for 15 consecutive assessment years on a taper: 100% of export profits for the first 5 consecutive assessment years, 50% of export profits for the next 5 assessment years, and, for the final 5 assessment years, a deduction of 50% of export profits subject to an equivalent amount being credited to a Special Economic Zone Re-investment Reserve Account and utilised for acquiring new plant and machinery. The exemption claim must be accompanied by a report of a chartered accountant in Form 56F, certifying the computation of the deduction. This basis reflects the core Section 10AA framework as it applies to units set up under the SEZ Act, 2005; unit-specific SEZ registration and eligibility conditions should be separately verified for each unit's facts.

Overview

Section 10AA advisory covers the tax exemption for the export income of the units in the Special Economic Zones under Section 10AA of the Income-tax Act 1961 — the deduction for the profits and the gains derived from the export of the goods and the services by an entrepreneur in the SEZ, for the first five years at the prescribed percentage, the next five years at the lower percentage, and the following five years against the ploughing back of the profits into the reinvestment allowance, subject to the conditions the section prescribes — the export from the SEZ unit, the receipt of the proceeds in the convertible foreign exchange, and the maintenance of the separate accounts.

The Section 10AA deduction is the tax benefit of the SEZ unit — the exemption of the export profits on the declining percentage scale over the fifteen years, with the conditions that make the deduction real: the export from the unit, the foreign exchange receipt within the prescribed period, and the accounts that isolate the export business. The deduction is the reason many businesses locate in the SEZs, and its compliance is the discipline that keeps the benefit.

The cost of a mishandled Section 10AA position is the withdrawal of the deduction: the proceeds not received within the period, the export business not isolated in the accounts, the computation wrong — each an addition at the assessment with the interest.

This service is for SEZ units claiming the Section 10AA deduction. We compute the eligible export profits and the deduction under the section, structure the unit's accounts and the export documentation, manage the conditions — the proceeds, the separate accounts — prepare the returns with the deduction claimed, and handle the assessments so the SEZ benefit is retained.

How It Works

  1. 1

    Eligibility & Position Review

    We review the unit's eligibility and the export position under Section 10AA.

    Harun Raaj & Associates does this1 week
  2. 2

    Deduction Computation

    We compute the eligible export profits and the deduction.

    Harun Raaj & Associates does this1 week
  3. 3

    Accounts & Documentation

    We structure the accounts and the export documentation.

    Harun Raaj & Associates does this1-2 weeks
  4. 4

    Returns & Claims

    We prepare the returns with the deduction claimed.

    Harun Raaj & Associates does thisAnnual
  5. 5

    Assessment Support

    We handle the assessments and the notices on the deduction.

    Harun Raaj & Associates does thisAs required

Frequently Asked Questions

What is the Section 10AA deduction available to units in Special Economic Zones?
Section 10AA of the Income Tax Act 1961 provides a deduction to newly established units in Special Economic Zones in respect of profits derived from the export of articles or things or from providing services from such units. The deduction is 100% of profits and gains derived from exports for the first five consecutive assessment years from the year of commencement of manufacture or production or provision of services, 50% for the next five assessment years, and 50% of the profit transferred to a Special Economic Zone Re-investment Reserve Account (to be utilised within three years) for the subsequent five assessment years under Section 10AA(1). The deduction is available only if the unit began manufacturing, production, or provision of services on or after April 1, 2005, and holds a letter of approval from the Development Commissioner of the SEZ.
How is the export profit computed for Section 10AA deduction?
The deduction under Section 10AA of the Income Tax Act 1961 is computed as: (Export Turnover of the Unit ÷ Total Turnover of the Unit) × Profit of the Business of the Unit. Export turnover is defined in the Explanation to Section 10AA(7) as the consideration in respect of export received in, or brought into, India by the assessee in convertible foreign exchange within six months from the end of the previous year or such further period as the Reserve Bank of India allows. Freight, telecommunication charges, and insurance incurred in delivering articles outside India are excluded from export turnover. The total turnover of the unit is the total revenue of that specific SEZ unit, not the consolidated turnover of the entire enterprise.
Is there a sunset date for the Section 10AA benefit?
Section 10AA of the Income Tax Act 1961 requires that the unit must have begun manufacture, production, or provision of services in the SEZ on or before March 31, 2020, to be eligible for the deduction under Section 10AA(1). Units that commenced operations after March 31, 2020, are not eligible for the Section 10AA deduction — this sunset was introduced by the Finance Act 2017. For eligible units, the 15-year deduction window runs from the year of commencement of the unit and is not linked to the sunset date for new entrants. Units that obtained Letters of Approval and commenced operations before March 31, 2020, continue to receive the deduction for the balance of their 15-year window.
What conditions must the SEZ unit satisfy each year to claim Section 10AA?
To claim Section 10AA deduction under the Income Tax Act 1961, the unit must (i) hold a valid Letter of Approval from the Development Commissioner of the SEZ, (ii) maintain separate books of accounts for the SEZ unit as required by Rule 18BB of the Income Tax Rules 1962, (iii) file a report of a Chartered Accountant in Form 56F along with the return of income certifying that the deduction has been correctly computed, and (iv) ensure that export proceeds are received in convertible foreign exchange within the prescribed period. The unit must be in compliance with SEZ Rules 2006 framed under the Special Economic Zones Act 2005, including net foreign exchange earning requirements. Failure to file Form 56F by the due date has been held by several High Courts to be fatal to the claim, though the issue is litigated.
Can a Section 10AA unit also claim deductions under Chapter VIA such as Section 80IC?
No. Section 10AA(8) of the Income Tax Act 1961 explicitly provides that where a deduction has been allowed under Section 10AA, no deduction in respect of the same profits and gains shall be allowed under any other provision of Chapter VI-A or under Section 10A or Section 10B. This means that a unit claiming Section 10AA cannot simultaneously claim deductions under Section 80IC (for units in Himachal Pradesh or Uttarakhand), Section 80IB, or any similar profit-linked deduction for the same profit. The assessee must make a deliberate choice at the time of filing the return of income as to which deduction regime is more beneficial, since once a deduction is claimed under Section 10AA, the Chapter VIA benefit is foreclosed for those profits. Tax planning is critical at the time of setting up operations in an SEZ versus other special category areas.

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