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

SEZ / EOU Unit Registration

SEZ / EOU Registration

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Regulatory Framework

Two distinct but related registration routes exist for export-oriented manufacturing and service units:

Special Economic Zone (SEZ) units are governed by the SEZ Act, 2005 and the SEZ Rules, 2006. A unit is set up inside a notified SEZ upon grant of a Letter of Approval (LoA) by the jurisdictional Development Commissioner, following recommendation of the zone's Approval Committee, and is entitled to the fiscal and procedural benefits attached to SEZ status — including duty-free procurement and single-window clearances — for as long as it operates within the notified zone and meets its Net Foreign Exchange (NFE) positive obligation over the approval period.

Export Oriented Units (EOUs), which may operate anywhere and are not confined to a notified zone, are governed by Chapter 6 of FTP 2023. Registration requires approval of the Unit Approval Committee (UAC), headed by the Development Commissioner, culminating in a Letter of Permission/Approval valid for 1 year within which the unit must commence production or service — extendable by the Development Commissioner, for valid reasons, by up to 2 further years. EOUs execute a legal undertaking/bond with customs and GST authorities and are, like SEZ units, monitored for positive Net Foreign Exchange earnings over a defined period.

Both routes require the applicant to first hold a valid Import Export Code (IEC) from DGFT, and are separate and additional to RCMC and IGCR concessional-duty registration, which apply on top of SEZ/EOU status for specific import transactions.

Overview

SEZ and EOU registration is the establishment of an export-oriented unit under the Special Economic Zones Act 2005 and the Foreign Trade Policy — the approval of the SEZ unit through the single window of the Development Commissioner, or the registration of the EOU under the export-oriented unit scheme of the Foreign Trade Policy — with the customs bond, the import and the procurement benefits, the export obligations, and the tax benefits under the Income-tax Act 1961 including the Section 10AA deduction for the SEZ units. The registration is the unit's licence to the export ecosystem's benefits.

The SEZ and the EOU are the structures through which the export businesses access the incentives — the duty-free imports and the procurement, the customs compliance, the export obligations, and for the SEZ units the Section 10AA tax deduction — and the registration is the gateway to all of it. The approval process runs through the Development Commissioner and the customs authorities, and the unit's operations then run within the SEZ or the EOU framework with the bonding, the records and the reporting.

The cost of an unregistered or non-compliant unit is the lost benefit and the regulatory action: the incentives unavailable, the duty exemption questioned, the export obligations unmet with the consequences.

This service is for businesses establishing SEZ and EOU units. We prepare the application for the SEZ unit through the single window or the EOU registration under the Foreign Trade Policy, manage the approval and the customs formalities — the bond, the import and the procurement — structure the unit for the Section 10AA deduction under the Income-tax Act, and manage the operations and the reporting so the unit's benefits are secured and its obligations met.

How It Works

  1. 1

    Scheme & Structure Mapping

    We determine the SEZ or the EOU route for the business.

    Harun Raaj & Associates does this1 week
  2. 2

    Application & Approval

    We prepare the application and manage the approval process.

    Harun Raaj & Associates does this4-12 weeks
  3. 3

    Customs & Bonding

    We manage the customs bond and the import and the procurement formalities.

    Harun Raaj & Associates does this2-4 weeks
  4. 4

    Section 10AA Structuring

    We structure the unit for the Section 10AA deduction.

    Harun Raaj & Associates does this1-2 weeks
  5. 5

    Operations & Reporting

    We manage the operations, the export obligations and the reporting.

    Harun Raaj & Associates does thisOngoing

Frequently Asked Questions

What is the difference between registering as an SEZ unit and as an EOU, and which is better for a software company?
An SEZ unit operates within a Special Economic Zone notified under Section 4 of the Special Economic Zones Act 2005 and is approved by the Unit Approval Committee (UAC) under Rule 17 of the SEZ Rules 2006, while an Export Oriented Unit (EOU) is registered outside an SEZ under the Foreign Trade Policy 2023 Chapter 6 and is approved by the Development Commissioner of the nearest SEZ. SEZ units enjoy a 100% Income Tax deduction under Section 10AA of the Income Tax Act 1961 for the first five years (reducing thereafter), whereas EOU benefits are primarily customs and GST-related with no direct IT deduction post-2011. For a software company, an STPI unit under the Software Technology Parks of India scheme (notified under the STPI Act and Foreign Trade Policy Para 6.01(d)) often provides more flexibility than a full SEZ unit given lower compliance overhead. A CA should evaluate the NFE (Net Foreign Exchange) positive condition under Para 6.08 of the Foreign Trade Policy 2023 applicable to both structures.
What are the customs and GST benefits available to an EOU?
An EOU is entitled to import capital goods and raw materials without payment of Basic Customs Duty under Notification No. 52/2003-Customs as amended, and is also exempt from IGST on imports subject to conditions under the Foreign Trade Policy 2023 read with IGST exemption Notification No. 78/2017-Customs. Procurement of goods from the domestic tariff area (DTA) for use in manufacturing exports is treated as a deemed export under Section 147 of the CGST Act 2017, entitling the supplier to claim refund of taxes paid. EOUs must maintain proper records and file periodic returns with the jurisdictional Development Commissioner confirming NFE compliance under Para 6.08 of the Foreign Trade Policy 2023. Non-compliance with NFE norms can lead to demand and recovery of the customs and IGST duty forgone with interest under Section 28 of the Customs Act 1962.
What is the Net Foreign Exchange (NFE) obligation for an EOU and how is it calculated?
Under Para 6.08 of the Foreign Trade Policy 2023, an EOU must achieve a positive NFE cumulatively over a period of five years from the date of commencement of production. NFE is calculated as the FOB value of exports (A) minus the CIF value of all imports of capital goods, raw materials, consumables, and components (B), such that A minus B must be positive. For gem and jewellery EOUs, a separate NFE formula applies under Appendix 6B of the Handbook of Procedures 2023. Annual monitoring of NFE is done through a statement filed with the Development Commissioner, and shortfall in NFE can attract penalty under Para 9.02 of the Foreign Trade Policy 2023 equivalent to twice the duty forgone on imports.
Can an SEZ unit sell goods into the domestic tariff area (DTA) in India?
Yes, an SEZ unit may sell goods or services in the DTA subject to payment of applicable customs duties as if the goods were imported, along with GST under the CGST Act 2017, as provided under Section 30 of the Special Economic Zones Act 2005. DTA sales are permitted up to 50% of the FOB value of exports in the preceding year for manufacturing SEZ units, per Rule 47 of the SEZ Rules 2006. Such DTA clearances do not count toward the unit's NFE calculation and are subject to full domestic tax incidence. Services provided by an SEZ unit to DTA entities are taxable under GST as the place of supply falls in the DTA, unlike inter-unit supplies within the SEZ which remain zero-rated.
How long does the SEZ unit approval process take and what documents are needed?
The Unit Approval Committee (UAC) meeting is typically convened within 15–45 days of filing a complete application under Rule 17 of the SEZ Rules 2006, and the Letter of Approval (LoA) is issued within 15 days of UAC approval per Rule 19. Documents required include Form F (application for setting up an SEZ unit), a project report detailing investment, employment, and NFE projections, a lease agreement for SEZ premises, and details of capital goods to be imported. The LoA is valid for one year for construction and three years for commencement of production, extendable under Rule 20. Post-approval, the unit executes a legal undertaking (LUT) with the Development Commissioner and obtains a unique importer-exporter code (IEC) from DGFT if not already held.

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