Service Tax – Notification 17/2002 ST Dated 21.11.2002- Exemption to services rendered to a developer or init of Special Economic Zones –Notifying the procedures therefore- Regarding

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...., Ministry of Finance, Department of Revenue, Notification No. 17/2002 ST Dated 21.11.2002 is communicated herewith and appended as ANNEXURE - A to this Trade Notice. This notification provides for exemption from payment of Service Tax in respect of all the taxable services rendered to a developer of a SEZ or a unit of SEZ subject to the conditions specified therein. The Falta Export Processing Zone(FEPZ) has been conferred with the status of a Special Economic zone, vide Notification No. 6/8/99 EPZ Dated 13.12.2002 of the Ministry of Commerce, with effect from 01.01.2003. As such the benefit of the exemption contained in the said Notification shall be available in respect of the taxable services rendered on or after 01.01.2003. For t....

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....er, who, after the requisite verification envisaged in the application, shall forward the same along with his certificate, to the Commissioner of Central Excise, Kolkata- VII. The Commissioner of Central Excise, Kolkata-VII shall verify the particulars contained in the application and any other verification in the interest of revenue, which may include the verification as to the genuineness of the service provider, intended to be engaged. After such verification, the Commissioner of Central Excise, Kolkata-VII shall forward the application to the Chief Commissioner of Central Excise, Kolkata for necessary orders. c) In order to ensure timely disposal of applications, the following time limits are being prescribed for dealing with applica....

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.... to service tax already paid, notwithstanding the exemption contained in the said notification, the application shall be superscribed as "Application for post facto approval" and any refund of service tax already paid can be claimed as provided for in the Finance Act, 1994. Hereinafter, all applicants for availment of the said exemption shall be made in advance. g) If any misuse of the benefit of this exemption is noticed by the jurisdictional Central Excise Officers, they are at liberty to proceed against such erring persons and the recovery/penal provisions envisaged in the Finance Act, 1994 shall be applicable, notwithstanding the certificate granted in terms of this notification. This issues with the concurrence of the Chief Commi....