TaxTMI 
TaxTMI 
Instruction regarding documents to be forwarded for full notification/additional area notification/partial de-notification/full de-notification/change of name of devbeloper or co-developer and shifting of unit from one SEZ to another SEZ
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....ecklist for each of the aforesaid item of work is hereby circulated to ensure that complete documents are forwarded along with DC's recommendation to this Department. CHECKLIST FOR FULL AREA NOTIFICATION (i) State Government's Recommendation. (ii) Inspection Report in prescribed format. (iii) Developer's Certificate countersigned by DC. (iv) Legal Possession Certificate from revenue authorities. (v) Non-encumbrance Certificate from revenue authorities. (vi) Land details of area to be notified duly certified by revenue authorities. (vii) Colored Map clearly indicating survey numbers and duly certified by revenue authorities. (viii) Copy of Registered Lease /sale Deed. CHECKLIST FOR ADDITIONAL AREA NOTIFICATION (i) Certificate from concerned State Government or its authorized agency stating that the developer has irrevocable rights to develop the sad area as SEZ. (ii) Form-C4 for increase in area along with DC's recommendation. (iii) Inspection Report in prescribed format . (iv) &nbs....
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.... Consent Letter/Offer of space from the developer/co-developer where unit wants to shift. 2. Such proposals should not henceforth be sent to the Department by post/courier. A responsible officer not below the level of DDC should deliver the proposals to this Department. In case the proposals do not fulfill the above requirement, the proposals shall not be accepted and shall be returned to the DDC for completion. (Aditya Narayan) Under Secretary to the Govt. of India Tele - 2306 2496 Email:[email protected] Encl : as above No.D.12/45/2009-SEZ Government of India Ministry of Commerce & Industry Department of Commerce (SEZ Division) Udyog Bhavan, New Delhi Dated the 13th September, 2013 To The Chief Secretaries of States /UTs Subject: Implementation of the Special Economic Zones (Amendment] Rules, 2013 - Clarifications regarding Sir/Madam, Please refer to the amendment to the provisions of the SEZ Rules, 2006 vide GSR 540(E) dated 12th August, 2013 issued by the Ministry of Commerce & Industry (Department of Commerce), Government of India, which may be viewed at http://sezindia,nic.in/latest-update....
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....been made and inserted as Annexure IVA to the amended Rules. 5. Consequent to above amendments, there may be certain requests/proposals for seeking de-notification of parcels of land from the existing SEZs. In order to prevent any possible misuse of such de-notified parcels of land by the Developers, Department of Commerce will consider only such applications which fulfill the following criteria: (i) All such proposals must have an unambiguous 'No Objection Certificate' from State Government concerned. (ii) State governments may also ensure that auch de-notified parcels would be utilised toward creation of infrastructure which would sub serve the objective of the SEZ as originally envisaged (iii) Such land parcels after de notification will conform to Land Use guidelines/master plans of the respective State Governments. These conditions are in addition to conditions which the Board of Approval may impose including refund of duties/benefits which the Developer may have availed on the land to be de-notified, preservation of contiguity of the remaining parcel of SEZ land, fulfilment of other conditions etc. 6. Broad-banding: Sectoral broad-banding provisions ....
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....d operations being carried on in such infrastructure would also be eligible for benefits as provided for under the SEZ Act and rules. 9. Transfer of Assets by SEZ Units upon their exit: Norms have been laid down in Rule 74A which allow a SEZ Unit to opt out of a SEZ by transferring its assets and liabilities to another entity by way of transfer of ownership including sale of subject to the conditions enumerated in the Rule. These include that the Unit has held a valid Letter of Approval as well as lease of land fo r at least a period of five years and has been in operation i at least two years. The transfer will be approved by the Unit Approval Committee keeping in mind the fulfillment of all eligibility conditions by the new entity to be a SEZ Unit. Further more the applicable duty liabilities. if any, as calculated under Rule 74, as well as export obligations of the transferee company. if any. shall stand transferred to the new entity who shall be under obligation to discharge the same on the same term and conditions as the transferee company. Yours faithfully (Rajeev Arora) Joint Secretary to the Government of India CERTIFICATE (to be furnished by Develop....