Archive · 8 Jan 2026
Supreme Court Rules on SEZ Duty
The Supreme Court of India recently made an important decision about taxes on electricity.
They said that electricity generated in a Special Economic Zone (SEZ) and supplied to the regular area (DTA) should not have customs duty.
This is because the SEZ is treated like a foreign territory for tax purposes.
The court also said that the government cannot use a rule meant to give tax breaks to instead impose taxes.
This decision is important for businesses in SEZs and the government needs to study it carefully to make sure the laws are clear and fair.
The Supreme Court ruled that customs duty is not leviable on electricity generated in an SEZ and supplied to the DTA.
The decision has significant implications for SEZs and the government needs to study it carefully.
SEZs are treated as 'engines of economic growth' with various tax incentives to promote exports.
The court affirmed that the government cannot impose duty through a provision designed to grant relief.
The decision reaffirms the intent of Section 30 of the SEZ Act to maintain parity between goods imported and goods cleared from an SEZ.
- Who
- Supreme Court of India
- What
- Ruling on customs duty for electricity supplied from SEZ to DTA
- When
- Earlier this month
- Where
- India
- Why
- To clarify the legal position on customs duty for electricity supplied from SEZ to DTA
- Date of Supreme Court Ruling
- Earlier this month
- Issue at Hand
- Customs duty on electricity from SEZ to DTA
- Supreme Court Decision
- No customs duty leviable; ordered refund
- Number of Functional SEZs
- 276 out of 419 approved
- Exports from SEZs in 2024-25
- US$ 172 billion
- Key Legal Provision
- Section 30 of the SEZ Act
- Author of the Article
- Najib Shah, former chairman, Central Board of Indirect Taxes & Customs