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Section 10AA was inserted in the Income-tax Act, 1961 (“the Act”) by the Special Economic Zones Act, 2005 (“the SEZ Act”) with effect from 10-2-2006. The section was enacted specially with respect to provide tax exemption to the newly established units in the Special Economic Zone (“the SEZ”).
Manufacturing of a new product with a new technology at the same place after taking a fresh approval from SEZ authority does not amount to ‘splitting up or reconstruction’ of an existing business for the purpose of section 10A of the Act.
In partial modification of the Instruction No. 55 dated 5th May, 2010 issued by the Department of Commerce on the above mentioned subject, this is to clarify that off-site employees of SEZ may be permitted to work from home or from place outside the SEZ subject to the same conditions as prescribed in the instruction.
Notification No. 60 /2010-Customs Central Government hereby rescinds the notification of the Government of India in the Ministry of Finance (Department of Revenue), no. 25/2010-Customs, dated the 27th February, 2010, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R. 138(E) dated the 27th February, 2010, except as respects things done or omitted to be done before such rescission.
Instruction No. 56, dated 7-5-2010. I am directed to say that pursuant to Notification dated 13th January, 2010 operationalising Section 20, 21 and 22 of the SEZ Act, 2005, Instruction No. 45 dated 30th November, 2009 stands withdrawn w.e.f. 13-1-10.
I am directed to say that references have been received from various stake holders seeking clarification regarding whether employees of units in IT SEZ can work on need base basis from home or from a place outside the SEZ.
The Board of Approval of the Special Economic Zones (SEZs) met here today to consider proposals for setting up of Special Economic Zones and also to approve other miscellaneous requests pertaining to SEZs. Addressing the Board of Approval members, the Chairman informed that so far 574 formal approvals have been granted for setting up of SEZs out of which 353 have been notified.
In an effort to prevent misuse of the tax benefits provided to special economic zones (SEZ) and increase clarity to the policy, commercial banks and their ATM units that are located within the non-processing zone of the SEZs would not be granted the status of an offshore banking unit (OBU). They will, therefore, not enjoy the incentives meant for OBUs.
The DC’s/UAC’s may allow Developer/approved Co-developers duty free goods and services for these default authorized operations from the date of notification of the SEZ. These authorized operations will, however, continue to be subject to the various guidelines issued by Government from time to time. Approval Committees while approving goods and services for such default operation may look into the actual requirement of the SEZs for such operations.
Regarding Licencing requirement, it is clarified that in terms of Rule 27 of SEZ Rules, a unit in SEZ/FTWZ can import all types of goods except prohibited items. However, in terms of Rule 26 of SEZ Rules, if any permission is required for import under any other law, the same shall be allowed with the approval of BOA. In respect of prohibited items, Instruction No.47 dated 4th March, 2010 shall apply.
