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Special Economic Zones (2nd Amendment) Rules, 2019

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..... . In the said rules, in rule 19- (A) in sub-rule (6A), in clause (1), - (i) for the words "Board of Approval" the word "Board" shall be substituted. (ii) for the proviso the following proviso shall be substituted, namely: - 'Provided that in case an application is submitted after the said period of two months, reasonableness of the delay shall be examined on the merits and circumstances of the case and the request for renewal of Letter of Approval shall be decided by the Development Commissioner.' (B) for sub rule (6B), the following sub-rule shall be substituted, namely:- "(6B) The process of renewal of Letter of Approval shall take into account the efforts made and the results achieved or status of the following criteria, namely:- (i) Export performance of the Unit in the last block. (ii) Employment generated. (iii) Instance of violation of applicable statutes 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 e .....

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..... ations and availing the benefit of Work from Home, the laid down Other Service Provider guidelines issued by Department of Telecommunications and amended from time to time, shall be followed by Special Economic Zone units. ". 6. In the said rules, in rule 46, in sub-rule (1), in clause (c), after the words 'Central Board of Indirect Taxes and Customs', the words 'for the scheme' shall be inserted. 7. In the said rules, for rule 53, the following rule shall be substituted, namely: - "53. Net Foreign Exchange Earnings. - The Unit shall achieve Positive Net Foreign Exchange to be calculated cumulatively for a period of five years from the commencement of production according to the following formula, namely:- Positive Net Foreign Exchange = A - B > 0 Where, - A : is Free on Board value of exports, including exports to Nepal and Bhutan against freely convertible currency, by the Unit and the value of following supplies of their products, namely:- a. supply of goods against Advance Authorisation or Advance Authorisation for annual requirement or Duty Free Import Authorisation under the Duty Exemption or Remission scheme under the Foreign Trade Policy; b. supply of capital goods .....

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..... supplies under clauses (d) to (g) shall be as per the terms and conditions of the respective duty exemption as notified by the Central Government, in the Ministry of Finance. B : consists of sum of the following- (a) sum total of the Cost Insurance and Freight value of all imported inputs used for authorised operations during the relevant period and the Cost Insurance and Freight value of all imported capital goods including goods purchased on high seas basis even though paid for in Indian Rupees and the value of all payments made in foreign exchange by way of export commission, royalty, fees, dividends, interest on external commercial borrowings during the first five year period or any other charges; (b) value of goods obtained from other Unit or Export Oriented Unit or Electronic Hardware Technology Park or Software Technology Park Unit or Bio-technology Park Unit or from bonded warehouses or procured from international exhibitions held in India or precious metals procured from nominated agencies; (c) the Cost Insurance Freight value of the goods and services, including pro-rata Cost Insurance Freight of capital goods, imported duty free or leased from a leasing company or r .....

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..... ) FOB value of exports for the Year (indicate items of exports) b) Value of supplies made under Rule 53A ('a' to 'k') c) Total value of exports for the year under report (a+b) d) Cumulative value of exports for the five year period e) Countries of exports : : : : : 4. IMPORT (OUTFLOW) (Rs. in Lakhs) A. Raw material and other inputs utilised (a) Opening balance of imported raw material, consumables, components, packing material, services etc., (b) CIF value of raw material, consumables, components, packing material, services etc. imported during the year (c) Cumulative value of raw materials, consumables, components, packing materials, services etc. (d) Value of imported raw material, consumables, components, packing material etc. or finished goods/ services received from other units in SEZs/EOUs/EHTPs/STPs during the year (e) Total (c+d) (f) Value of imported raw material, consumables, components, packing material etc. or finished goods/services transferred to other units in SEZs/EOUs/EHTP/STP during the year (g) Closing balance of imported raw material, consumables, components, packing material, services etc. (h) Value of imported raw material, consumables, co .....

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