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        Case ID :
        Customs, DGFT & SEZ

        Investment in SEZs

        May 6, 2013

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        As per Rule 53 of SEZ Rules 2006 the SEZ units are under an obligation to achieve positive Net Foreign Exchange (NFE) earnings to be calculated cumulatively for a period of 5 years from the commencement of production. Under Rule 53 certain categories of sales/supplies have also been permitted to be counted towards NFE earnings. Value of transactions under such categories are a very small percentage of the total exports made from SEZs. The total exports from the SEZs outside the country and sales to Domestic Tariff Area from SEZs, during the financial years 2009-10 to 2012-13 are as under:

        Financial Years

        Value of Exports

        Supplies which are treated towards positive NFE earnings.

        Sales to Domestic Tariff Area

        Total Exports

        Percentage shared of column III over column V

        I

        II

        III

        IV

        V

        VI

        2009-10

        2,20,711.39

        13,937.04

        19,200.92

        2,53,849.35

        5.49%

        2010-11

        3,15,867.85

        29,093.05

        13,881.20

        3,58,879.07

        8.11%

        2011-12

        3,64,477.73

        32,472.70

        29,664.83

        4,26,615

        8%

        2012-13

        4,76,158.93

        27,884.80

        27,545.46

        5,31,589

        5%

        Requests for de-notification of notified SEZs and cancellation of approvals granted for setting up SEZs are received from time to time from the SEZ developers. The reasons for these requests, wherever indicated by the applicants, include global economic meltdown, poor market response, non-availability of skilled labour force and changed fiscal incentives regime for Special Economic Zones (SEZs) etc.

        A statement showing cumulative investment made in SEZ during the financial years 2009-10 to 2012-13 is as under:-

        Financial Years

        Total Investment Made (Rs in Crore)

        2009-10

        1,48,489

        2010-11

        2,02,810

        2011-12

        2,01,875

        2012-13

        2,36,717

         After detailed stakeholders consultation the Government has recently announced a set of reform measures to revive investor interest in SEZs.

        The fiscal concessions and duty benefits allowed to SEZs are in built into the SEZ Act, 2005. The performances of SEZs are regularly monitored by the Unit Approval Committees of SEZs, headed by the Development Commissioner. In case of violation of fiscal concessions and duty benefits, Units are liable for penal action under the provisions of the Foreign Trade (Development and Regulation) Act, 1992.

        As on 31st March, 2013, an investment of Rs.2,36,717 crore approximately has been made in SEZs and the total direct employment in SEZs is over 10,74,904 persons. Physical exports from the SEZs has increased from Rs.3,64,477.73 crore in 2011-12 to Rs.4,76,159 crore in 2012-13, registering a growth of 31%. There is no reason to believe that these achievements are at the expense of business being carried on non-SEZ area. The GDP growth in recent years suggests that growth has been significant both within and outside SEZs.

        This information was given by the Minister of State in the Ministry of Commerce and Industry, Dr. D. Purandeswari, in a written reply in the Lok Sabha today.

         DS/RK

        (Release ID :95594)

        Net Foreign Exchange obligations for SEZ units require cumulative positive earnings, affecting eligibility and compliance. SEZ units must attain cumulative positive Net Foreign Exchange earnings over five years, with limited categories of sales eligible to count toward this requirement. SEZ fiscal concessions are codified in the SEZ Act, 2005, and monitored by Unit Approval Committees; violations attract penal action under the Foreign Trade (Development and Regulation) Act, 1992. The Government has announced reforms to revive investor interest amid reported growth in SEZ investment, exports and employment and occasional requests for de notification driven by economic and operational challenges.
                      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.

                            Net Foreign Exchange obligations for SEZ units require cumulative positive earnings, affecting eligibility and compliance.

                            SEZ units must attain cumulative positive Net Foreign Exchange earnings over five years, with limited categories of sales eligible to count toward this requirement. SEZ fiscal concessions are codified in the SEZ Act, 2005, and monitored by Unit Approval Committees; violations attract penal action under the Foreign Trade (Development and Regulation) Act, 1992. The Government has announced reforms to revive investor interest amid reported growth in SEZ investment, exports and employment and occasional requests for de notification driven by economic and operational challenges.





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                            ActsIncome Tax
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