9911796707
TMI BlogAdmissibility of DEPB benefits in respect of supply of goods from the Units in Domestic Tariff Area (DTA) to Units in Special Economic Zone ( SEZ) during the period from 01.04.2003 to 11.5.2004- RegardingX X X X Extracts X X X X X X X X Extracts X X X X ..... Zone ( SEZ) during the period from 01.04.2003 to 11.5.2004- Regarding Circular No. 21/2005-Cus.6th April, 2005 F.No. 605/49/2005- DBK Government of India Ministry of Finance Department of Revenue Central Board of Excise Customs Subject: Admissibility of DEPB benefits in respect of supply of goods from the Units in Domestic Tariff Area (DTA) to Units in Special Econo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... export goods for the purposes of that Section". Later on, a new Chapter 7 was inserted for Special Economic Zones in the EXIM Policy 2003-2004 announced on 01.04.2003. Paragraph 7.1 (b) of the said Policy had clearly provided that goods going into the SEZ area from DTA shall be treated as exports. To bring this provision into effect, a notification (No. 57/2003-Cus dated 01.04.2003) was issued ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot been brought into effect, as stipulated, through a notification in the Official Gazette. This happened only on 11.5.2004 when by issue of notification No. 59/2004-Cus dated 30.4.2004, the special provisions relating to Special Economic Zones, as incorporated in Chapter XA of the Customs Act, 1962, were brought into operation. Thus, from that date all supplies made by units in DTA to units in ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with effect from that date. This notification has not been withdrawn, and a statutory notification of this kind cannot be amended by an executive Circular (referring to the Circular No. 11/2004-Cus dated 5.2.2004). Under the circumstances, the Ministry of Law has opined that the notification issued under Section 25(1) of the Customs Act, 1962 still prevails and, therefore, DEPB benefits would b ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
