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TMI Blog2015 (6) TMI 1265X X X X Extracts X X X X X X X X Extracts X X X X ..... Appropriate Customs. Authority having jurisdiction over the area where the SEZ/FTWZ is located, to operate the warehouse and to transact from thereon in respect of goods or services. The depositor of the warehoused goods, to transfer the bonded goods from one warehouse located in SEZ/FTWZ to another warehouse located in same or different SEZ/FTWZ, has to get permission from the Customs Authorities so authorised, as per the legal formalities, prescribed by the Customs Act, 1962. If all the provisions under SEZ Act, 2005 TN SEZ (Special Provisions) Act, 2005, Section-5(1) and (2) of CST Act, 1956 and Section-67 of the Customs Act, 1962, the transfer of bonded goods from one warehouse in FTWZ to another bonded warehouse located in the same FT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in Form VV and sought clarification under Section 48-A (1) of the TNVAT Act, 2006. 25 The applicant-dealers have sought for clarification in respect of rate of tax on sale of IT Products/Cables and other Apparatus from their Trading Unit located in Free Trading and Warehousing Zone (FTWZ), J Matadee FITZ, Mannur and Vallarpuram Village, Sriperumbudur Taluk, Kanchipuram District, Tamil Nadu to another trading unit in the same FTWZ, developed under Indian SEZ Act, 2005. 3. The applicant-dealers have applied for personal hearing. The personal hearing was posted on 28.05.2015. On official intimation by a notice from the Authority for clarification, Thiru K. Lakshminarayanan, Senior Manager and Authorised Representative of the applicant company ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ue has been examined in detail, regarding provisions of Tamil Nadu Value Added Tax Act, 2006 and Rules, 2007 and the provisions under Special Economic Zone Act, 2005 and Rules, 2006, Tamil Nadu Special Economic Zone (Special Provisions) Act, 2005 and the relevant provisions under Indian Customs Act, 1962. 6. Section 48-A of TNVAT Act, 2006 provides for clarification on any point concerned with rate of tax for commodities. The applicant- dealers have sought for clarification concerned with the rate of tax on sale of IT products/cables and other apparatus from their trading facility located in FTWZ to another buyer located in the same/another FTWZ. 7.1 Special Economic Zone (SEZ) is defined under Section 2 (za) of SEZ Act, 2005 as extracted b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y land or sea or air or by any other mode whether physical or otherwise; or (ii) receiving goods or services by, Unit or Developer of the same Special Economic Zone or a different Special Economic Zone. 9.3. As per the definitions of Export and Import respectively, under Sections 2 (m) and 2 (0) of SEZ Act, 2005, the sale or purchase of goods from one Unit located in SEZ/FTWZ to another unit located in SEZ/FTWZ in the same Zone or in different Zone is to be construed as export / import respectively. 10. As per Section-5(1) (2) of CST Act, 1956, the export of goods to a place outside the country and the import of goods into the country from a place outside the country are respectively exempted from the levy of CST as well as VAT under TNVAT ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or the entrepreneur or the trader or warehouse located in the SEZ/FTWZ. 12. As per Section 12 of the TN SEZ (Special provisions Act, 2005) (Act No.18/2005), every Developer of SEZ/FTWZ who undertake authorized operations or every entrepreneur located in SEZ/FTWZ who undertake authorized operations, like developing, maintaining and operating the SEZ, processing of goods or warehousing and trading of goods, are eligible for exemption on purchase of goods under the State Sales Tax Laws namely, TNVAT Act, 2006 and Rules 2007. Besides, Section 67 of the Customs Act, 1962 permits the transfer of warehoused goods from one Bonded warehouse to another Bonded Warehouse as per the procedure prescribed by the Customs Authorities. In order to effect bo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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