Case Law Details
In re Baker Hughes Oilfield Services India Pvt. Ltd. (CAAR Delhi)
Rule 48 of the SEZ Rules, 2006, inter-alia states that where goods procured from DTA by a Unit are supplied back to the DTA, as it is or without substantial processing, such goods shall be treated as re-imported goods and shall be subject to such procedure and conditions as applicable in the case of normal re-import of goods from outside India.
In light of the above, it can be convincingly stated that under the SEZ Act, 2005 read with SEZ Rules, 2006, words ‘import’ and ‘procure’ have been assigned different meanings. It is also important to note that activity of bringing goods from a Unit or Developer in SEZ to DTA is not covered under the definition of the term, ‘import ‘ under the SEZ Act, 2005, therefore such transfer from SEZ to DTA cannot be termed as ‘re-import’. Moreover, as per dictionary meaning of the word, ‘procure ‘ is ‘to obtain something’ but when the goods are being warehoused in FTWZ, these are not procured by a Unit or Developer, therefore when transfer of goods from DTA to FTWZ or FTWZ to DTA is neither covered under the term ‘procure’ nor ‘import’, therefore such transfer/supply of goods cannot be treated as ‘reimport’ for application of procedures and conditions as applicable in the case of normal re-import of goods from outside India.
FULL TEXT OF THE ORDER OF CUSTOMS AUTHORITY OF ADVANCE RULING, DELHI
Ruling
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