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        Customs, DGFT & SEZ

        Extension of Validity Period of SEZ Projects

        February 19, 2014

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        In terms of Rule 6(2) (a) of the Special Economic Zones Rules, 2006, the letter of approval granted to a SEZ developer is valid for a period of three years within which time effective steps are to be taken by the developer to implement the approved project. The Board of Approval may, on an application by the developer, extend the validity period of the letter of approval.

        Some SEZ developers have sought extension of validity period of the letter of approval granted to them for the execution of their projects stating reasons including adverse business climate due to global recession, delay in approvals from statutory/State Government bodies, delay in environmental clearance, lack of demand for space in SEZs, changed fiscal incentive regime for SEZs etc. After deliberations and taking into account the facts and circumstances of each case, the Board of Approval for SEZs has granted approval for extension of validity of approval in the case of several developers for the execution of their projects. The State wise position of extension of validity of approvals granted for developers from 1.4.2012 till 31.1.2014 is given as per Annexure.

        Annexure-I

         State-wise details of number of SEZ Developers granted extension of validity

        of their Approvals for setting up SEZ  (w.e.f. 1.4.2012 to 31.1.2014)

        Sl. No.

        State

        No. of SEZ Developers granted  extension of Approvals

        1.     

        Andhra Pradesh

        14

        2.     

        Gujarat

        9

        3.     

        Haryana

        10

        4.     

        Jharkhand

        1

        5.     

        Karnataka

        12

        6.     

        Kerala

        13

        7.     

        Madhya Pradesh

        2

        8.     

        Maharashtra

        18

        9.     

        Nagaland

        2

        10.   

        Odisha

        5

        11.   

        Tamil Nadu

        13

        12.   

        Uttar Pradesh

        6

        13.   

        West Bengal

        5

         

        GRAND TOTAL

        110

        The information was given by the Minister of State in the Ministry of Commerce and Industry Dr. E.M. Sudarsana Natchiappan in Rajya Sabha today.

        Extension of approval for SEZ letters permits relief where implementation is delayed by regulatory or market constraints. Under the Special Economic Zones Rules, 2006, the Board of Approval may extend the three year validity of a developer's letter of approval on application where effective implementation within the initial period is impeded by factors such as adverse business conditions, delays in statutory or environmental clearances, low demand for SEZ space, or changes in fiscal incentives; the Board has granted extensions after case by case consideration and published a state wise tally of developers who received extensions in the specified 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.

                                Extension of approval for SEZ letters permits relief where implementation is delayed by regulatory or market constraints.

                                Under the Special Economic Zones Rules, 2006, the Board of Approval may extend the three year validity of a developer's letter of approval on application where effective implementation within the initial period is impeded by factors such as adverse business conditions, delays in statutory or environmental clearances, low demand for SEZ space, or changes in fiscal incentives; the Board has granted extensions after case by case consideration and published a state wise tally of developers who received extensions in the specified period.





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                                ActsIncome Tax
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