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The COVID-19 pandemic has shown that flexibility can work for both employees and employers, and flexible working is the new currency for attracting and retaining talent. Employers in the “new” and “next” normal will need to put hybrid working in the front and center of their talent strategy.
This Tax Alert summarizes Notification No. G.S.R. 576(E) dated 14 July 2022 issued by the Ministry of Commerce & Industry wherein Rule 43A ‘Work from Home’ has been inserted for SEZ units in the Information Technology (IT)/ IT Enabled Services (ITES) sector. The key clarifications provided include:
Number of employees (including contractual employees) permitted to WFH capped at 50%; ability to take approval beyond 50% on case-to-case basis.
Jurisdictional Development Commissioner to provide approvals based on applications filed.
WFH approval valid for 1 year and extensions to be obtained thereafter.
Compliance aspects to be followed by SEZ Units.
Assets can be moved out of SEZ for a period co-terminus with the validity of the approval for work from home.