TaxTMI 
TaxTMI 
The Special Economic Zones (SEZ) Rules, 2003 has been rescinded vide Notification No. 13/2007-Cus.,(NT) dt. 21.2.2007
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....economic zone or providing any public utility service in the special economic zone by developer of such zone, or any activity of manufacture, production, processing, assembling, trading, repair, re-making, reconditioning, re-engineering, packaging of goods in such zone or any activity in connection therewith or carrying out any activity for rendering of any service, or export of such goods, or service from such zone; (c) "developer" means a person engaged in development or operation or maintenance of special economic zone or in providing public utility services within the special economic zone, duly permitted by the Commissioner of Customs and includes any other person authorised by any such developer for such purpose; (d) " domestic tariff area" means an area within India but does not include special economic zones; (e) " Export and Import Policy" means the Export and Import Policy notified from time to time by the Central Government, in the Ministry of Commerce and Industry under section 5 of Foreign Trade ( Development and Regulation) Act, 1992 ( 22 of 1992); (f) "non-processing area" means an area of the sp....
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.... of Customs, as the case may be, may, for reasons to be recorded in writing like frequent entry and exit of goods from the zone, also permit goods, which are not required for carrying out authorised operations, to be admitted into the zone and exit out of the zone without payment of customs duty. (4) Hazardous goods may be admitted into specially designated areas or installations, of special economic zone subject to such safeguards as may be specified by the Commissioners of Customs. (5) All documents for admission of goods in an special economic zone by the special economic zone unit or developer shall be filed before the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, of the zone. (6) The developer shall have a clear demarcated area in the special economic zone, where goods imported or procured from domestic tariff area by the developer for carrying out authorised operations shall be kept for inspection by customs officers, before such goods are brought into use. 6. Movement of goods out of special economic zone.- All documentation for exit of the goods from the special economic zone may be filed by t....
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....per annum or part thereof, in case of other capital goods on straight line method; and (d) there shall be no upper limit for such depreciation and depreciation upto hundred per cent. could be allowed. (2) In case of removal of used packing materials, such as cardboard boxes, polyethylene bags of a kind unsuitable for repeated use, from a special economic zone unit to the domestic tariff area, the same shall be allowed clearance out of the special economic zone without payment of duty. (3) In case of goods removed from a special economic zone unit on payment of duty to the domestic tariff area and brought back to the same unit for purpose of repair within a period of six month from the date of clearance, or such extended period as the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, may allow, the same shall be allowed to be removed from special economic zone unit after such repair, on payment of duty on the value of repairs, subject to the condition that identity of the goods is established to the satisfaction of Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case m....
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....missioner of Customs or Deputy Commissioner of Customs, as the case may be, a person entitled to discharge such function of a special economic zone unit, may destroy the goods ( including capital goods) procured from domestic tariff area by such unit or imported from outside India or goods manufactured or produced by such unit including rejects, waste, scrap or remnants, in the presence of proper officer without payment of duty within the special economic zone, and such destruction shall be carried out outside such zone only where it is not possible to destroy within such zone, subject to the condition that - (i) in case of destruction of goods procured from domestic tariff area, the special economic zone unit shall be required to pay back the export benefits taken by the domestic tariff area supplying unit or taken by the special economic zone unit on the basis of disclaimer from domestic tariff area unit; and (ii) in case of gems and jewellery item, no such destruction shall be allowed in respect of precious and semi-precious stones and precious metals to the special economic zone unit; ....
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....goods, even though in rupees, shall be considered as inflow of foreign exchange and similarly, in the case of the recipient unit, such payments shall be considered as outflow of foreign exchange. 14. Submission of Returns.- In respect of every special economic zone unit, there shall be furnished quarterly returns to the Assistant Commissioner of Customs or Deputy Commissioner of Customs, the case may be, in a format as specified by regulation made under the Act in this behalf. 15. Recovery of duty on failure to achieve stipulated foreign exchange earning.- (1) In case of failure to achieve the net foreign exchange earning as stipulated in the Export and Import Policy for the time being in force, there shall be liable to, in respect of the special economic zone unit, pay duty alongwith interest at the rate as specified in the notification of the Government of India in the Ministry of Finance (Department of Revenue,) issued under section 28AB of the said Act in this regard and for the time being in force, from the date of duty free import or procurement from domestic tariff area of the said goods till the date of payme....
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....g in force to do so in respect of a special economic zone unit or a developer shall execute a bond alongwith surety or security to the satisfaction of the Commissioner of Customs in the form annexed with these rules for the purpose of safeguarding the duty and such bond shall be in respect of the one or more of the following activities relating to the special economic zone, namely:- (i) movement of goods between port of import or export and the special economic zone; (ii) admission, manufacturing and other permitted activities in the special economic zone unit; (iii) temporary removal of admitted goods or goods produced or manufactured in the special economic zone unit for the purposes of repairs or testing or calibration or display or processing or any other similar temporary removals into domestic tariff area without payment of duty; (iv) re-import of exported goods. 19. Monitoring.- The performance of special economic zone unit and the developer shall be monitored by the Commissioner of Customs of the zone in the interest of safeguarding the duty. 20. Closure of special economic zone. - In the event of closure of a spec....
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....ter of permission number _________dated_______and we the obligors have duly accepted the said terms and conditions. AND WHEREAS the Assistant Commissioner of Customs or Deputy Commissioner of Customs of _______special economic zone has authorised the premises at ..................as special economic zone unit wherein the dutiable goods, imported or sourced indigenously or sourced from other export oriented undertaking, software technology park units or electronic hardware technology park unit or special economic zone unit in the same zone or other special economic zone by us from time to time for manufacture of goods or services as aforesaid could be deposited for a period of 5 years without payment of duty. AND WHEREAS the said Assistant Commissioner of Customs or Deputy Commissioner of Customs has permitted the obligor to clear duty free imported goods from ports or airports or inland container depots or specified land custom stations or customs warehouses or international exhibition held in India , as the case may be, for admis....
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....dent of Customs, namely,_________and whereas the obligor has furnished such guarantee by depositing the cash or securities as aforesaid. NOW THE CONDITIONS OF THE ABOVE WRITTEN BOND ARE THAT: 1. We, the obligors, shall observe all the provisions of the Customs Act, 1962 and the rules and regulations made thereunder in respect of the said goods. 2. We, the obligors, shall pay on or before a date specified in a notice of demand all duties, rent and charges claimable on account of the said goods under the Customs Act, 1962 and rules or regulations made thereunder together with interest on the same from the date so specified at the rate applicable. 3. We, the obligors, shall discharge all duties and penalties imposed for violation of the provisions of the Customs Act, 1962, rules and regulations in respect of the said goods not removed within five years from the date of the order permitting the deposit of the said goods at the said unit, and also pay interest at a rate applicable from the expiry of the above said period till the date of the clearance of the go....
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....shing a notification in the official Gazette of India, pay duties as per provisions of chapter X A of the Customs Act, Rules and Regulation as the case may be. 9. We, the obligors, shall comply with the conditions and limitations stipulated, in the Export and Import Policy as amended from time to time or by the Assistant Commissioner of Customs or Deputy Commissioner of Custom permitting the goods admitted in the unit in the special economic zone or the articles manufactured or package therefrom to be taken outside the special economic zone unit into domestic tariff area temporarily, without payment of duty, for the purposes of testing repairs reconditioning, processing or display etc. 10. We, the obligors, shall not change the name and style under which we, the obligors, are doing business or change the location of the manufacturing premises except with the written permission of the Assistant Commissioner of Customs or Deputy Commissioner of Customs at____ special economic zone. If each and every one of the above conditions is duly complied with by us, the obligo....
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.... Signature of the Obligor Name and Residential address Witness (1) Address (1) Occupation (1) (2) Address (2) Occupation (2) Signature of the Surety Name and Residential address Witness (1) Address (1) Occupation (1) (2) Address (2) Occupation (2) Accepted for and on behalf of the President of India on _____ day of ____ 20_______. Signature and date Name_______ Designation______ ACCEPTED for and on behalf of the President of India on ........day of .......................19.......... Form-II General Bond (With Suret....
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....mic zone. AND WHEREAS the Assistant Commissioner of Customs or Deputy Commissioner of Customs has permitted the obligor to remove the goods imported or sourced domestically to the any other place in India without payment of duty subject to such conditions and limitations as may be specified by him for the purpose of test, repairs, calibration, re-engineering, re-conditioning and to be returned to the special economic zone thereafter. AND WHEREAS the Assistant Commissioner of Customs or Deputy Commissioner of Customs has permitted provisional assessment of goods brought into the special economic zone or manufactured by the above Obligors from time to time which could not be finalised for want of full information as regard to value description or quality or the proof thereof or for the non-completion of the chemical or other tests in respect thereof or otherwise as per request of the obligor. AND WHEREAS the Assistant Commissioner of Customs or Deputy Commissioner of Customs or such other delegated authority as the case may be has required the obligor to deposit as security for the amount of this bond, the sum of Rs.........
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....ured from domestic tariff area, consumed and utilised in proper from including of those remaining in stock and those sent temporarily outside the special economic zone in the domestic tariff area under our obligation, and shall produce such accounts for inspection of the proper officer or Assistant Commissioner of Customs or Deputy Commissioner of Customs or such other delegated authority as the case may be, when directed by him. 7. We, the obligor, shall fulfill other conditions stipulated in the Customs Act, Rules and Regulations, and Export and Import Policy as amended from time to time. 8. We, the obligors, shall comply with the conditions and limitations stipulated, in the Export and Import Policy as amended from time to time or by the Assistant Commissioner of Customs or Deputy Commissioner of Custom permitting the goods admitted in the unit in the special economic zone or the articles manufactured or package therefrom to be taken outside the special economic zone unit into domestic tariff area temporarily, without payment of duty, for the purposes of testing, repairs, reconditioning, processing or display etc. 9. ....