TMI BlogThe Special Economic Zones (SEZ) Rules, 2003 has been rescinded vide Notification No. 13/2007-Cus.,(NT) dt. 21.2.2007X X X X Extracts X X X X X X X X Extracts X X X X ..... tenance or operation of the special economic zone or providing any public utility service in the special economic zone by developer of such zone, or any activity of manufacture, production, processing, assembling, trading, repair, re-making, reconditioning, re-engineering, packaging of goods in such zone or any activity in connection therewith or carrying out any activity for rendering of any service, or export of such goods, or service from such zone; (c) developer means a person engaged in development or operation or maintenance of special economic zone or in providing public utility services within the special economic zone, duly permitted by the Commissioner of Customs and includes any other person authorised by any such developer for such purpose; (d) domestic tariff area means an area within India but does not include special economic zones; (e) Export and Import Policy means the Export and Import Policy notified from time to time by the Central Government, in the Ministry of Commerce and Industry under section 5 of Foreign Trade ( Development and Regulation) Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e without payment of duty; (2) Notwithstanding any thing in sub-rule (1), goods including motor vehicle for personal use of, or consumption by, officials, workers, staff or owners of the special economic zone unit or developer shall not be admitted into the special economic zone without payment of duty; (3) The Assistant Commissioner or Deputy Commissioner of Customs, as the case may be, may, for reasons to be recorded in writing like frequent entry and exit of goods from the zone, also permit goods, which are not required for carrying out authorised operations, to be admitted into the zone and exit out of the zone without payment of customs duty. (4) Hazardous goods may be admitted into specially designated areas or installations, of special economic zone subject to such safeguards as may be specified by the Commissioners of Customs. (5) All documents for admission of goods in an special economic zone by the special economic zone unit or developer shall be filed before the Assistant Commissioner of Custom ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ciated value thereof or on the transaction value, whichever is higher, at the rate in force on the date of filing of the bill of entry; (b) the depreciation in value shall be allowed for the period from the date of commencement of commercial production of the special economic zone unit, or where such capital goods have been received in the special economic zone unit after such commencement of commercial production, from the date such goods have come into use for commercial production, to the date of presentation of bill of entry for home consumption; (c) the depreciation shall be allowed at the rate of twenty per cent. per annum or part there of, of the original assessable value in respect of computer and computer peripherals goods and ten per cent. per annum or part thereof, in case of other capital goods on straight line method; and (d) there shall be no upper limit for such depreciation and depreciation upto hundred per cent. could be allowed. (2) In case of removal of used packing m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nit to an export oriented undertaking or software technology park unit or electronic hardware technology park unit or to another special economic zone unit in the same special economic zone or in other special economic zone without payment of duty for the purpose of carrying out authorised operations within the receiving export oriented undertaking or software technology park unit or electronic hardware technology park unit or special economic zone unit, as the case may be. (2) In case of clearance of capital goods or goods manufactured or produced by a special economic zone unit to another special economic zone unit within the same special economic zone, no prior permission of Assistant Commissioner of Customs or Deputy Commissioner of Customs shall be required, but both supplying and receiving special economic zone units shall be required to maintain records for such transaction. 12. Destruction of goods imported or procured from domestic tariff area including capital goods or goods manufactured or produced by a special economic zone unit.- (1) After obtaining the permission of the Assistant Commis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red and services rendered, including waste, scrap and remnants arising out of such production, manufacture, processing or packaging, in the domestic tariff area; (vi) value and quantity of goods utilised in production; (vii) receipt of all duty paid goods; (viii) receipt of goods from the domestic tariff area on payment of central excise duty by the domestic tariff area unit; (ix) value and quantity of clearances to other export oriented undertakings, software technology park units, electronic hardware technology park units or special economic zone units and receipt from such units; and (x) value and quantity of goods cleared for export and services rendered abroad. (2) There shall be maintained in every special economic zone unit engaged in both trading and manufacturing activities, the records of accounts specified under sub-rule(1) separately for trading and manufacturing operations. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orded in writing, as the case may be, failing such disposal, it shall be liable in respect of special economic zone unit or on developer to pay duty along with interest at the rate as specified in the notification of the Government of India in the Ministry of Finance (Department of Revenue,) issued under section 28AB of the Act on the such duty, from the date of duty free import or procurement from domestic tariff area of the said goods till the date of payment of such duty as if such goods have been removed in domestic tariff area by special economic zone unit on the date of expiry of the said five year period. 17. Transfer of ownership.- (1) Goods admitted into or manufactured or produced in a special economic zone unit may be transferred without payment of duty to any other special economic zone unit in the same special economic zone for the purpose of carrying out authorised operations by the recipient special economic zone unit subject to the condition that both the supplying and receiving special economic zone units maintain proper account of such goods. (2) Capital goods admitted into, or good ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of used capital goods, abatement of duties of customs shall be available in accordance with the provisions of sub-rule (1) of rule 9. (b) any goods imported or procured from domestic tariff area by the developer of the special economic zone for development of zone and all such goods allowed admission to the special economic zone for maintenance, operation of the special economic zone and for providing public utility services in the special economic zone, shall be either exported or removed for home consumption on payment of applicable duties within a period of six months from such closure: Provided that in case of used machinery, abatement of duties of customs shall be available in accordance with the provisions of sub-rule (1) of rule 9. Form-I General Bond (with Surety/ Security) to be executed by a Special Economic Zone Unit. WE having our registered office at hereinafter referred to as the Obligors and called the surety (ies)(which expression shall, unless repugnant to the context or meaning thereof, include our heirs, successors, ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the due arrival of the said goods at the said export oriented undertaking, or a the electronic hardware technology park unit or at the software technology park unit or at the special economic zone unit. AND WHEREAS the Assistant Commissioner of Customs or Deputy Commissioner of Customs has permitted the obligor to remove the goods imported or sourced domestically or goods partially manufactured or processed therefrom to any other place in India without payment of duty subject to such conditions and limitations as may be specified by him, for the purpose of test, repairs, calibration, re-engineering, re-conditioning or display and to be returned to the unit thereafter. AND WHEREAS the Assistant Commissioner of Customs or Deputy Commissioner of Customs has permitted provisional assessment of goods brought into the special economic zone or manufactured by the above Obligors from time to time which could not be finalised for want of full information as regard to value description or quality or the proof thereof or for the non-completion of the chemical or other tests in respect thereof or otherwise at the request of the obligor. AND WHEREAS the Assistant ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ds used in the manufacturing processes and operations in proper from including of those remaining in stock and those sent outside the special economic zone in the domestic tariff area under our obligation, and shall produce such accounts for inspection of the proper officer or Assistant Commissioner of Customs or Deputy Commissioner of Customs or such other delegated authority as the case may be, when directed by him. 7. We, the obligor, shall achieve positive net foreign exchange earning and fulfill other conditions stipulated in the Customs Act, Rules and Regulations, and Export and Import Policy as amended from time to time; and in case of failure to achieve the positive net foreign exchange earning as stipulated in the Export and Import Policy in force for the time being, pay duty alongwith interest as provided in the Customs Act, 1962 and rules or regulations made thereunder as the case may be. 8. We, the obligors, shall if the goods including manufactured or produced goods, are allowed to be sold in India subject to such other limitations and conditions as may be specified in this behalf in the Export and Import Policy and in the ITC (HS) classific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd damages from the amount of the security deposit or by endorsing his rights under the above written bond or both; I/WE further declare that this bond is given under the orders of the Central Government in the performance of an act in which the public are interested; In these presents the words imposing singular only shall also include the plural and vice versa where the context so requires; IN WITNESS WHEREOF these presents have been signed this day of 20__ hereinbefore written by the obligor(s) and the surety (ies). Place Date Signature of the Obligor Name and Residential address Witness (1) Address (1) Occupation (1) (2) Address (2) Occupation (2) Signature of the Surety Name and Residential address Witness (1) Address (1) Occupation (1) (2) Address (2) Occupation (2) Accepted for and on behalf of the President of India on _____ day of ____ 20_______. Signature and date Name_ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oms or Deputy Commissioner of Customs has permitted the obligor to remove the goods imported or sourced domestically to the any other place in India without payment of duty subject to such conditions and limitations as may be specified by him for the purpose of test, repairs, calibration, re-engineering, re-conditioning and to be returned to the special economic zone thereafter. AND WHEREAS the Assistant Commissioner of Customs or Deputy Commissioner of Customs has permitted provisional assessment of goods brought into the special economic zone or manufactured by the above Obligors from time to time which could not be finalised for want of full information as regard to value description or quality or the proof thereof or for the non-completion of the chemical or other tests in respect thereof or otherwise as per request of the obligor. AND WHEREAS the Assistant Commissioner of Customs or Deputy Commissioner of Customs or such other delegated authority as the case may be has required the obligor to deposit as security for the amount of this bond, the sum of Rs (Rupees only) endorsed in favour of the President of India and accepted for and on behalf of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f Customs or Deputy Commissioner of Customs or such other delegated authority as the case may be, when directed by him. 7. We, the obligor, shall fulfill other conditions stipulated in the Customs Act, Rules and Regulations, and Export and Import Policy as amended from time to time. 8. We, the obligors, shall comply with the conditions and limitations stipulated, in the Export and Import Policy as amended from time to time or by the Assistant Commissioner of Customs or Deputy Commissioner of Custom permitting the goods admitted in the unit in the special economic zone or the articles manufactured or package therefrom to be taken outside the special economic zone unit into domestic tariff area temporarily, without payment of duty, for the purposes of testing, repairs, reconditioning, processing or display etc. 9. We, the obligors, shall not change the name and style under which we, the obligors, are doing business or change the location of the manufacturing premises except with the written permission of the Assistant Commissioner of Customs or Deputy Commissioner of Customs at____ special economic zone. If each and every one of the above conditions i ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
