Transfer of used capital goods: SEZ units may receive DTA/STPI transfers subject to tax exemption limits and prescribed guidelines. Transfers of used capital goods into SEZ units from STPI or other DTA sources are not prohibited by the SEZ Act or Rules; the main constraint is income tax treatment, whereby the SEZ unit cannot claim exemption if the value of transferred used goods exceeds 20% of total capital goods installed in a year. The Instruction reiterates detailed guidelines for transferring used/second hand capital goods from DTA, including from EOU/EHTP/STP/BTP units, and directs Development Commissioners to follow those guidelines or refer doubts to the Department of Commerce.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Transfer of used capital goods: SEZ units may receive DTA/STPI transfers subject to tax exemption limits and prescribed guidelines.
Transfers of used capital goods into SEZ units from STPI or other DTA sources are not prohibited by the SEZ Act or Rules; the main constraint is income tax treatment, whereby the SEZ unit cannot claim exemption if the value of transferred used goods exceeds 20% of total capital goods installed in a year. The Instruction reiterates detailed guidelines for transferring used/second hand capital goods from DTA, including from EOU/EHTP/STP/BTP units, and directs Development Commissioners to follow those guidelines or refer doubts to the Department of Commerce.
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