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Special Economic Zones (2nd Amendment) Rules, 2019

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..... earning requirement, as the case may be, shall apply. 4. In the said rules , in rule 19 - (A) in sub-rule (6A), in clause (1), - (i) for the words Board of Approval the word Board shall be substituted. (ii) for the proviso the following proviso shall be substituted, namely: - Provided that in case an application is submitted after the said period of two months, reasonableness of the delay shall be examined on the merits and circumstances of the case and the request for renewal of Letter of Approval shall be decided by the Development Commissioner. (B) for sub rule (6B), the following sub-rule shall be substituted, namely:- (6B) The process of renewal of Letter of Approval shall take into account the efforts made and the results achieved or status of the following criteria, namely:- (i) Export performance of the Unit in the last block. (ii) Employment generated. (iii) Instance of violation of applicable statutes related to the functioning of the Unit. (iv) Cases of default, if any, of statutory payments. (v) Undertaking of any activity not sanctioned or approved by the Development Commissioner. (vi) The decision of the Development Co .....

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..... . (iii) For Special Economic Zone units registered as Other Service Providers with Department of Telecommunications and availing the benefit of Work from Home, the laid down Other Service Provider guidelines issued by Department of Telecommunications and amended from time to time, shall be followed by Special Economic Zone units. . 6. In the said rules, in rule 46 , in sub-rule (1), in clause (c), after the words Central Board of Indirect Taxes and Customs , the words for the scheme shall be inserted. 7. In the said rules , for rule 53 , the following rule shall be substituted, namely: - 53. Net Foreign Exchange Earnings. - The Unit shall achieve Positive Net Foreign Exchange to be calculated cumulatively for a period of five years from the commencement of production according to the following formula, namely:- Positive Net Foreign Exchange = A - B 0 Where, - A : is Free on Board value of exports, including exports to Nepal and Bhutan against freely convertible currency, by the Unit and the value of following supplies of their products, namely:- a. supply of goods against Advance Authorisation or Advance Authorisation for annual requirement or Du .....

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..... planation . - For removal of doubts, it is hereby clarified that the supplies under clause (j) shall be against procurement certificate, as applicable and the supplies under clauses (d) to (g) shall be as per the terms and conditions of the respective duty exemption as notified by the Central Government, in the Ministry of Finance. B : consists of sum of the following- (a) sum total of the Cost Insurance and Freight value of all imported inputs used for authorised operations during the relevant period and the Cost Insurance and Freight value of all imported capital goods including goods purchased on high seas basis even though paid for in Indian Rupees and the value of all payments made in foreign exchange by way of export commission, royalty, fees, dividends, interest on external commercial borrowings during the first five year period or any other charges; (b) value of goods obtained from other Unit or Export Oriented Unit or Electronic Hardware Technology Park or Software Technology Park Unit or Bio-technology Park Unit or from bonded warehouses or procured from international exhibitions held in India or precious metals procured from nominated agencies; (c) the Cost .....

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..... ess of the Unit b) LOA No. and Date c) Date of commencement of Production d) Permanent email ID : : : : 2. Item of manufacture/ service activity Services approved other than default services : 3. EXPORT (INFLOW) (Rs. In Lakhs) a) FOB value of exports for the Year (indicate items of exports) b) Value of supplies made under Rule 53A ( a to k ) c) Total value of exports for the year under report (a+b) d) Cumulative value of exports for the five year period e) Countries of exports : : : : : 4. IMPORT (OUTFLOW) (Rs. in Lakhs) A. Raw material and other inputs utilised (a) Opening balance of imported raw material, consumables, components, packing material, services etc., (b) CIF value of raw material, consumables, components, packing material, serv .....

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..... lculation of NFE, please refer to Rule 53 : 10. Value Addition Achievement during the year (applicable for Gem Jewellery Units) : (For calculation of Value Addition, please refer to Rule 53) (Please attach a separate Value Addition Calculation sheet, if required, duly certified by Chartered Accountant or Cost Accountant.) Part-II 1. DTA SALES Value (Rs. in lakhs) (a) Sale of finished goods/services : (b) Sale of rejects : (c) Sale of by product : (d) Sale of Waste/Scrap/Remnant : (e) Total : : : : : 2. Capital structure of the enterprise 2. Capital structure of the enterprise A. .....

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