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        Customs, DGFT & SEZ

        Development of SEZs

        August 26, 2013

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        As per Section 18 of the Special Economic Zones (SEZs) Act, 2005 the Government may approve the setting up of an International Financial Services Centre (IFSC) in a SEZ. The Central Government may prescribe the requirements for setting up and the terms and conditions of the operation of Units in an IFSC, subject to such guidelines as may be framed by the Reserve Bank, the Securities and Exchange Board of India, the Insurance Regulatory and Development Authority and such other concerned authorities, as it deems fit.

        All SEZs, including SEZs providing financial services, established under the provisions of the SEZ Act, 2005 and Rules framed thereunder and amendments notified thereon from time to time are eligible for the fiscal concessions and duty benefits as provided under the SEZ Act and Rules.

        As per Rule 53 of SEZ Rules, 2006, a SEZ unit is 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, failing which the units shall be liable for penal action under the provisions of the Foreign Trade (Development and Regulation) Act, 1992. The total exports from the SEZs during the last seven years and the current financial year are as under:

        Financial Year

        Exports from SEZs

        (Value in Rs. Crore)

        2006-2007

        34,615

        2007-2008

        66,638

        2008-2009

        99,689

        2009-2010

        2,20,711

        2010-2011

        3,15,868

        2011-2012

        3,64,478

        2012-2013

        4,76,159

        2013-2014*

        1,13,299

        *for the period April-June, 2013

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

        Positive Net Foreign Exchange requirement enforces cumulative five year export performance, with penal consequences for non compliance. The Central Government may approve IFSCs within SEZs and prescribe operational requirements for IFSC units subject to regulator guidelines; all SEZs remain eligible for SEZ Act fiscal concessions. SEZ units must achieve positive Net Foreign Exchange cumulatively over five years from commencement, with failure attracting penal action under the Foreign Trade (Development and Regulation) Act, and the release documents rising export values from SEZs over the reported period.
                      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.

                            Positive Net Foreign Exchange requirement enforces cumulative five year export performance, with penal consequences for non compliance.

                            The Central Government may approve IFSCs within SEZs and prescribe operational requirements for IFSC units subject to regulator guidelines; all SEZs remain eligible for SEZ Act fiscal concessions. SEZ units must achieve positive Net Foreign Exchange cumulatively over five years from commencement, with failure attracting penal action under the Foreign Trade (Development and Regulation) Act, and the release documents rising export values from SEZs over the reported period.





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                            ActsIncome Tax
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