TaxTMI 
TaxTMI 
Admissibility of DEPB benefits in respect of supply of goods from the Units in Domestic Tariff Area (DTA) to Units in Special Economic Zone ( SEZ) during the period from 01.04.2003 to 11.5.2004- Regarding
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....Units in Special Economic Zone ( SEZ) during the period from 01.04.2003 to 11.5.2004- Regarding Circular No. 21/2005-Cus.6th April, 2005 F.No. 605/49/2005- DBK Government of India Ministry of Finance Department of Revenue Central Board of Excise & Customs Subject: Admissibility of DEPB benefits in respect of supply of goods from the Units in Domestic Tariff Area (DTA) to ....
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....r drawback under Section 75 of the Customs Act, 1962 as if such goods are export goods for the purposes of that Section". Later on, a new Chapter 7 was inserted for Special Economic Zones in the EXIM Policy 2003-2004 announced on 01.04.2003. Paragraph 7.1 (b) of the said Policy had clearly provided that goods going into the SEZ area from DTA shall be treated as exports. To bring ....
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.... 3. However, in this entire process it was observed that Chapter XA of the Finance Act, 2002 had not been brought into effect, as stipulated, through a notification in the Official Gazette. This happened only on 11.5.2004 when by issue of notification No. 59/2004-Cus dated 30.4.2004, the special provisions relating to Special Economic Zones, as incorporated in Chapter XA of the C....
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....003 (which does not refer to Section 76A of Chapter XA of the said Act but to the EXIM Policy) DEPB benefit has been conferred independently of Chapter XA with effect from that date. This notification has not been withdrawn, and a statutory notification of this kind cannot be amended by an executive Circular (referring to the Circular No. 11/2004-Cus dated 5.2.2004). Under the ci....