Rule 25 - Consequences of non utilization of goods or services - Special Economic Zones Rules, 2006

25. Where an entrepreneur or Developer does not utilize the goods or services on which exemptions, drawbacks, cess and concessions have been availed for the authorized operations or unable to duly account for the same, the entrepreneur or the Developer, as the case may be, shall refund an amount equal to the benefits of exemptions, drawback, cess and concessions availed without prejudice to any other action under the relevant provisions of the Customs Act, 1962, the Customs Tariff Act, 1975, the Central Excise Act, 1944, the Central Excise Tariff Act, 1985, 1 [ 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) ] and the enactments specified in the First Schedule to the Act, as the case may be: Provided that if there is a failure to achieve positive net foreign exchange earning, by a Unit, 2 [ or stipulated Value addition, such entrepreneur shall also be liable ] for penal action under the provisions of Foreign Trade (Development and Regulation) Act, 1992 and the rules made there under. ******* Notes 1. Substituted vide Notification No. G.S.R. 909(E) dated 19-09-2018 before it was read as the Central Sales Tax Act, 1956, the Foreign Trade (Development and Regulation) Act, 1992 and the Finance Act, 1994 (in respect of service tax) 2. Substituted vide Notification No. G.S.R. 909(E) dated 19-09-2018 before it was read as such entrepreneur shall be liable