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        Customs, DGFT & SEZ

        Relaxations provided on compliances to be met by units / developers / co‐developers of SEZs

        March 30, 2020

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        In view of the sudden outbreak of COVID‐19 pandemic and the nation‐wide lock‐down, most government offices are closed and a few involved in emergency services etc., are functioning with skeletal staff. The Department of Commerce has therefore decided to provide suitable relaxations on compliances to be met by units / developers / co‐developers of Special Economic Zones(SEZs). Such compliances to which the relaxations will apply, include:

        • Requirement to file Quarterly Progress Report (QPR) attested by Independent Chartered Engineers by Developers/ Co‐developers
        • SOFTEX form to be filed by IT/ITES units
        • Filing of Annual Performance Reports (APR) by SEZ units
        • Extension of Letter of Approvals (LoA) which may expire, in the cases of:
          • Developers/co‐developers who are in the process of developing and operationalising the SEZ;
          • units which are likely to complete their 5 year block for NFE assessment;
          • Units which are yet to commence operations

        Development Commissioners of SEZs have been directed to ensure that no hardship is caused to Developers / Co‐Developer / Units and no punitive action is taken in cases where any compliance is not met during this period impacted by the above disruption. Further, as may be possible, all extensions of LoAs and other compliances may be facilitated through electronic mode in a time‐bound manner. In the cases where it is not possible to grant extension through electronic mode or in cases where a physical meeting is required, Development Commissioners have been asked to ensure that the Developer / Co‐developer / Units do not face any hardship due to such expiry of validity during this period of disruption. Ad‐hoc interim extension / deferment of the expiry date may be granted without prejudice till 30.06.2020 or further instructions of the Department on the matter, whichever is earlier.

        Relaxation of SEZ compliance: temporary non punitive treatment and electronic facilitation for extensions during pandemic disruptions. Relaxations for SEZ units, developers and co developers suspend or ease filing and attestation obligations - including QPR attestation, SOFTEX filings and APRs - and permit extension of Letters of Approval for developing or non operational units. Development Commissioners must refrain from punitive action where compliance is impacted, facilitate electronic processing of extensions where possible, and may grant ad hoc interim extensions or deferments of expiry without prejudice until 30.06.2020 or further instructions.
                          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.

                                Relaxation of SEZ compliance: temporary non punitive treatment and electronic facilitation for extensions during pandemic disruptions.

                                Relaxations for SEZ units, developers and co developers suspend or ease filing and attestation obligations - including QPR attestation, SOFTEX filings and APRs - and permit extension of Letters of Approval for developing or non operational units. Development Commissioners must refrain from punitive action where compliance is impacted, facilitate electronic processing of extensions where possible, and may grant ad hoc interim extensions or deferments of expiry without prejudice until 30.06.2020 or further instructions.





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                                ActsIncome Tax
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