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Special Economic Zones (Amendment) Rules, 2018 - G.S.R. 909(E) - Special Economic Zone

Extract

..... i) in sub-rule (2), in clause (b), in sub-clause (ii), after the words “for setting up a Special Economic Zone for Information Technology or Information Technology Enabled Services”, the words “Bio-technology and Health Sector (excluding hospitals),” shall be inserted; (ii) in sub-rule (5), in clause (a), after the words “State and local taxes”, the words “State Goods and Services Tax,” shall be inserted. 6. In the said rules, in rule 11, - (i) in sub-rule (2), in the first proviso, for the words “Board”, the words “Approval Committee” shall be substituted; (ii) after sub-rule (9), the following sub-rule shall be inserted, namely: - “(9A) The Developer shall ensure sufficient and adequate space, as per the applicable Central Public Works Department norms, for the Office of Development Commissioner and Customs Officers posted in the Special Economic Zone.”. 7. In the said rules, in rule 11A, in clause (1), - (i) for the words “Service Tax”, the words “Central Goods and Services Tax, Integrated Goods and Services Tax and State Goods and Services Tax” shall be substituted; (ii) .....

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Special Economic Zones (Amendment) Rules, 2018 - G.S.R. 909(E) - Special Economic Zone

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..... Special Economic Zone :- (a) Each consignment of used clothing imported by the Unit shall be accompanied with certificate from exporter or agency in which it was generated regarding dis-infection and fumigation of the containers from an agency licensed in the country of origin of worn clothing along with import documents; (b) in case of mis-declaration by any importer in regard to any toxic or hazardous substances, action as per the relevant provisions of the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992) shall be taken against such importer; (c) to ensure that used clothing re-processing Units in Special Economic Zones fulfil their export obligations in addition to meeting their Net Foreign Exchange obligation and all such Units shall be required to ensure that certain minimum percentage of the Units annual turnover is physically exported out of the country; (d) before the clearance of used clothes to Domestic Tariff Area, all imported consignments of such used clothes shall be subject to 100 per cent. scrutiny at the premises of the Unit by Special Economic Zone authorities.”. 11. In the said rules, in rule 19, in sub-rule (2), - (a) after the words &ldq .....

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Special Economic Zones (Amendment) Rules, 2018 - G.S.R. 909(E) - Special Economic Zone

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..... 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 Commissioner or Approval Committee in this regard shall be final and binding on the Unit except in cases where the Unit prefers an appeal before the Board of Approval, in accordance with rule 55.”. 12. In the said rules, in Chapter IV, for the Chapter heading, the following Chapter heading shall be substituted, namely:- “TERMS AND CONDITIONS FOR GRANT OF PERMISSION TO OPERATE INCLUDING AVAILING EXEMPTIONS, DRAWBACKS AND CONCESSIONS”. 13. In the said rules, in rule 22, - (i) in sub-rule (1), - (a) after the words “Grant of”, the words “permission to operate including availing” shall be inserted; (b) in clause (ii), after the word “contractor”, the words “including the sub-contractor” shall be inserted; (c) in clause (iv),- (A) in sub-clause (b), - (a) after the words “on import or procurement” occurring at both the places, the words “of goods and services” shall be substitute .....

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Special Economic Zones (Amendment) Rules, 2018 - G.S.R. 909(E) - Special Economic Zone

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..... benefit against supply of goods to Special Economic Zone developer shall be made as per the procedure specified by the Central Government under the Customs and Central Excise Duties Drawback Rules, 2017, as amended from time to time.”. 15. In the said rules, in rule 25,- (a) for the words, figures and brackets “the Central Sales Tax Act, 1956, the Foreign Trade (Development and Regulation) Act, 1992 and the Finance Act, 1994 (in respect of service tax)”, the words, figures and brackets “the Central Goods and Services Tax Act, 2017 (12 of 2017), Integrated Goods and Services Tax Act, 2017 (13 of 2017), State Goods and Services Tax Acts, Union Territory Goods and Services Tax Act, 2017 (14 of 2017) and the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992)” shall be substituted; (b) in the proviso, for the words “such entrepreneur shall be liable”, the words “or stipulated Value addition, such entrepreneur shall also be liable” shall be substituted. 16. In the said rules, in rule 26, - (i) in the fourth proviso, for the words “iron-ore” the words “or supply from Domestic Tariff Area, of any ore&rd .....

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Special Economic Zones (Amendment) Rules, 2018 - G.S.R. 909(E) - Special Economic Zone

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..... aking or under any other refund procedure permitted under Goods and Services Tax laws or Central Excise law, or as duty or tax paid goods under claim of rebate, on the cover of documents laid down under the relevant Central Excise law for the purpose of export by a manufacturer or supplier.”; (b) in sub-rule (2), - (i) after the word “Goods”, the words “or services” shall be inserted; (ii) for the words “Central Excise Duty”, the words “Goods and Services Tax or” shall be substituted; (iii) for the letters and figures “ARE-I”, the words, brackets and figures “documents referred to in sub-rule (1) of Rule 30” shall be substituted; (c) in sub-rules (3), (4) and (7), for the letters and figures “ARE-I”, the words, brackets and figures “documents referred to in sub-rule (1) of Rule 30” shall be substituted; (d) for sub-rule (4), the following sub-rule shall be substituted, namely: - “(4) A copy of the document referred to in sub-rule (1) or copy of Bill of Export, as the case may be, with an endorsement by the authorised officer that goods have been admitted in full into the Spec .....

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Special Economic Zones (Amendment) Rules, 2018 - G.S.R. 909(E) - Special Economic Zone

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..... Central Tax Officer” shall be inserted; (ii) in sub-rule (2), after clause (b), the following clause shall be inserted, namely:- “(c) in case of sub-contracting abroad, the goods shall either be returned to the Unit or may be sold to buyers in that country or any third country.”. 23. In the said rules, in rule 42, - (i) in sub-rule (1), in clause (ii), in sub-clause (b), for the words “Central Excise”, the words “Goods and Services Tax” shall be substituted; (ii) in sub-rule (2), - (a) in clause (i), for the words “ with the Central Excise Department”, the words “under Goods and Services Tax” shall be substituted; (b) in clause (v), the proviso shall be omitted; (iii) in sub-rule (3), for the words “duty as if the said waste or scrap or remnants have been cleared by the Unit or may be destroyed at the sub-contactor’s premises in the presence of jurisdictional Central Excise Officer if the sub-contractor is a Central Excise registrant”, the words “an amount equal to the duty applicable on imports as if the said waste or scrap or remnants have been cleared by the Unit or may be destroyed at the .....

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Special Economic Zones (Amendment) Rules, 2018 - G.S.R. 909(E) - Special Economic Zone

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..... e words “for export value as may be notified by the Reserve Bank of India, from time to time;” shall be substituted; (b) in clause (c), after the words “self-certification by the Unit”, the words “, however, in case Merchandise Exports from India Scheme benefit is claimed then examination of export cargo shall be done as per examination norms set by Central Board of Indirect Taxes and Customs” shall be inserted; (ii) in sub-rule 11, the word “pink” shall be omitted; (iii) in sub-rule (12), - (a) for clause (i), the following clause shall be substituted, namely:- “(i) the receiving Export Oriented Unit or Electronic Hardware Technology Park Unit or Software Technology Park Unit or Biotechnology Park Unit shall file Bill of Entry for home consumption, in quintuplicate along with invoice, copy of information as provided to jurisdictional customs officer under rule 5 of the Customs (Import of Goods at Concessional Rate of Duty) Rules, 2017 and packing list with the Authorised Officer along with copy of the Letter of Approval and bonding licence;”; (b) in clause (iii), for the words “submit the re-warehousing certificate& .....

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Special Economic Zones (Amendment) Rules, 2018 - G.S.R. 909(E) - Special Economic Zone

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..... ry of Finance, from time to time, under International Competitive Bidding in accordance with the procedures of those agencies or funds, where the legal agreements provide for tender evaluation without including the customs duty; (d) supply of goods to any project or for any purpose in respect of which the Ministry of Finance notifies from time to time, permitting import of such goods at zero customs duty subject to conditions specified in the above said notification provided the supply is made under procedure of International Competitive Bidding; (e) supply of goods to United Nations or International Organisations for their official use or supplied to the projects financed by the said United Nations or an International Organisation approved by Government of India and the list of such organisations and conditions applicable to such supplies is notified by Ministry of Finance from time to time; (f) supply of goods to nuclear power projects provided they are as per the conditions stipulated in Foreign Trade Policy; (g) supply against special entitlements of duty free import of goods under the Foreign Trade Policy; (h) export of services by services Units including services rendered wi .....

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Special Economic Zones (Amendment) Rules, 2018 - G.S.R. 909(E) - Special Economic Zone

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..... raw materials, intermediates, components, consumables, parts and packing materials; (d) for annual calculation of Net Foreign Exchange, value of imported capital goods and lump sum payment of foreign technical know-how fee shall be amortised at the rate of ten per cent. every year from the first year to the tenth year; C: Gems and Jewellery Units shall achieve minimum Value Addition as laid down in prevailing Foreign Trade Policy or Hand Book of Procedures: Provided that the Nominated Agencies working as a service Unit for precious metals supply within Special Economic Zone shall be subjected to the requirement of positive Net Foreign Exchange only; and D: For Gems and Jewellery, the minimum Value Addition shall be in terms of prevailing Foreign Trade Policy or Hand Book of Procedures and it shall be calculated as under:- VA = A-B/B x 100 Where, - A = Free on Board value of the export realised or Freight on Road and Rails value of supply received; B = Value of inputs (including domestically procured) such as gold or silver or platinum content in export product plus admissible wastage along with value of other items, such as gemstone etc. wherever gold has been obtained on loan bas .....

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Special Economic Zones (Amendment) Rules, 2018 - G.S.R. 909(E) - Special Economic Zone

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..... ion for renewal of LOA filed in SEZonline-ndml.com 10. Income Tax Permanent Account Number 11. Constitution of the Application Firm (Tick the appropriate entry) Public Ltd/ Private Ltd/ Partnership/ Proprietorship/ Others PART II Activity of Unit Existing Proposed for the renewed period 1.Item of Manufacture/service activity (including by product/co-products) 2.Investment in Capital Goods (in Rs. Lakhs) Indigenous Import 3.Investment in Raw Materials (in Rs. Lakhs) Indigenous Import 4.Employment Men Women FOREX Balance Sheet for the current block (Rs. in Lakhs) Sl. No. Items 1st 2nd 3rd 4th 5th Total 1. Free on Board value of Exports in first 5 years 2. *Foreign Exchange Outgo on for the first five years 3. Net Foreign Exchange earnings for the first five years (1-2) FOREX Balance Sheet proposed for next block (Rs. in Lakhs) Sl. No. Items 1st 2nd 3rd 4th 5th Total 1. Free on Board value of Exports in first 5 years 2. *Foreign Exchange Outgo on for the first five years 3. Net Foreign Exchange earnings for the first five years (1-2) *Foreign Exchange outgo shall include Cost, Insurance and Freight value of import of machinery, raw material, components, consumables, spares, packing ma .....

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Special Economic Zones (Amendment) Rules, 2018 - G.S.R. 909(E) - Special Economic Zone

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..... lude Cost, Insurance and Freight value of import of machinery, raw material, components, consumables, spares, packing materials and amount of repatriation of dividends and profits, royalty, lump sum knowhow fee, design and drawing fee, payment to foreign technicians, payments on training of Indian technicians abroad, commission on export, interest on external commercial borrowings, interest on deferred payment credit and any other payments.”. 35. In the said rules, after Form K, the following Form shall be inserted, namely:- “FORM L FORM OF LEGAL UNDERTAKING FOR EXIT OF THE UNIT FROM SPECIAL ECONOMIC ZONE SCHEME (See rule 74(6)) M/s ___________were granted Letter of Approval/Letter of Permission No. ________________ dated _________ for setting up a Special Economic Zone Unit __________________ at _______________ for the manufacture and export of ________________ subject inter-alia to the condition that they would achieve positive Net Foreign Exchange on cumulative basis as per provisions of Special Economic Zone Scheme. The unit filed a legal undertaking as per rule 22 of Special Economic Zone Rules, 2006 in Form H of Special Economic Zone Scheme on ___________ with the .....

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Special Economic Zones (Amendment) Rules, 2018 - G.S.R. 909(E) - Special Economic Zone

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  1. Customs and Central Excise Duties Drawback Rules, 2017
  2. Customs (Import of Goods at Concessional Rate of Duty) Rules, 2017.
  3. UNION TERRITORY GOODS AND SERVICES TAX ACT, 2017
  4. INTEGRATED GOODS AND SERVICES TAX ACT, 2017
  5. CENTRAL GOODS AND SERVICES TAX ACT, 2017
  6. Central Sales Tax Act, 1956
  7. Foreign Trade (D&R) Act 1992
  8. Customs Tariff Act, 1975
  9. Special Economic Zones Rules, 2006
  10. SPECIAL ECONOMIC ZONES ACT, 2005
  11. Chapter V of Finance Act, 1994
  12. Section 55 - Power to make rules.
  13. Section 5 - Levy and collection.
  14. Section 3 - Levy of additional duty equal to excise duty, sales tax, local taxes and other charges
  15. Section 16 - Zero rated supply.
  16. Rule 79 - Audit in Special Economic Zones for indirect taxes
  17. Rule 75 - Self Declaration
  18. Rule 74A - Transfer of Assets by Special Economic Zone Units upon their exit.
  19. Rule 74 - Exit of Units
  20. Rule 55 - Form of Appeal
  21. Rule 54 - Monitoring of performance
  22. Rule 53 - Net Foreign Exchange Earnings
  23. Rule 50 - Temporary Removals to Domestic Tariff Area
  24. Rule 5 - Requirements for establishment of a Special Economic Zone
  25. Rule 5 - Procedure to be followed
  26. Rule 49 - Domestic Tariff Area removals - abatement of duties in certain cases
  27. Rule 46 - Procedure for Export
  28. Rule 43 - Sub-contracting for Domestic Tariff Area unit for export
  29. Rule 42 - Procedure for sub-contracting in Domestic Tariff Area or in a Unit in other Special Economic Zones or in Export Oriented Unit or in Electronic Hardware Technology Park unit or in Software Tech........
  30. Rule 41 - Sub-Contracting
  31. Rule 4 - Forwarding of proposal to Board
  32. Rule 37 - Duration of goods in a Special Economic Zone
  33. Rule 34 - Utilization of goods
  34. Rule 32 - Omitted
  35. Rule 31 - Omitted
  36. Rule 30 - Procedure for procurements from the Domestic Tariff Area
  37. Rule 3 - Proposal for setting up of Special Economic Zone.-
  38. Rule 27 - Import and Procurement.
  39. Rule 26 - General Conditions of Import and Export
  40. Rule 25 - Consequences of non utilization of goods or services
  41. Rule 24 - The procedure for grant of drawback claims and Duty Entitlement Pass Book credit to a Developer or Unit
  42. Rule 22 - Terms and conditions for availing exemptions, drawbacks and concessions to every Developer and entrepreneur for authorized operations.-
  43. Rule 2 - Definitions
  44. Rule 19 - Letter of Approval to a Unit
  45. Rule 18 - Consideration of proposals for setting up of Unit in a Special Economic Zone
  46. Rule 17 - Proposal for approval of Unit
  47. Rule 12 - Import and procurement of goods by the Developer
  48. Rule 11A - Bifurcation of non-processing area
  49. Rule 11 - Processing and non-processing area
  50. 1st SCHEDULE - THE FIRST SCHEDULE - Import Tariff - (Basic Rate of duty / Classification / Tariff Items)

 

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