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Selling of goods after payment of duty

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..... Selling of goods after payment of duty
Query (Issue) Started By: - velayutham panchatcharam Dated:- 27-7-2009 Last Reply Date:- 30-7-2009 FEMA
Got 3 Replies
FEMA
I am working in MNC and it is located in SEZ. As per FEMA Act we can not sell goods in DTA even after paying duty whereas as per SEZ Act we can sell in DTA even after paying duty. Please clarify which act i should follow or w .....

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..... hich one is correct. Reply By Ravi Chopra: The Reply: Which provision of FEMA you are referring to. Since as per the policy the provisions of FEMA is applicable where cross border transactions are involved or where the foreign transaction is involved. Any supply from SEZ to DTA is treated as import into DTA for limited purpose of export / import facilities. Therefore, If you have notices any spec .....

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..... ial provision in the way of your decision, kindly specify the same with exact reference. Reply By velayutham panchatcharam: The Reply: As per FEMA - RBI/2004/17/A.P(DIR Series)Circular No.58 dated January 16, 2004 - SEZ unit can not sell in DTA As per SEZ - Rule 48/2006 - SEZ units can sell in DTA. Please clarify. Reply By Surender Gupta: The Reply: There is nothing in FEMA circular 58/2004 dated .....

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..... 16-1-2004 A.P.DIR Series which restrict supply of goods from SEZ to DTA. The restriction contained int the circular read with "Foreign Exchange Management (Establishment in India of Branch or Office or other Place of Business) Regulations, 2000" as amended, restrict the business activity of a foreign company who is establishing branch office in India. For the purpose of removal of goods from DTA t .....

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..... o SEZ, I like to refer the FEMA circualr no. 105 dated 16-6-2003 in which DTA units are permitted to buy foreign exchange for the purpose of making payment to the SEZ units.
Discussion Forum - Knowledge Sharing .....

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