TaxTMI 
TaxTMI 
2023 (10) TMI 664
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....ernately as 'review application' and 'application for rectification of mistakes' with the applicant, again Revenue, unsure about its nature. We may clarify here at the outset that neither section 86 of Finance Act, 1994 nor the Customs Excise Service Tax Appellate Tribunal (Procedure) Rules, 1982 accord authority for seeking review of our own order. An application of the other sort may be filed under section 35C(2) of Central Excise Act, 1944 though usually not to be resorted to after placing themselves in appellate jurisdiction. Also bizarre is the insistence of Revenue that it has been compelled to relegate the dispute back before the Tribunal only upon direction of the Hon'ble Supreme Court. A perusal of the order in our records leaves n....
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....005 came into force. We hold that for the period from February 2006, section 26 of Special Economic Zones Act, 2005 shall govern exemption in supply of services for units or developers in Special Economic Zones for their 'authorized operations' and the exemption notification 4/2004-ST dated 1st March 2004 is not valid for implementation to the extent that it imposes conditions not enacted in section 26 of Special Economic Zones Act, 2005 or contemplated in Rule 31 of Special Economic Zones Rules, 2006. The demand on the appellant in relation to services provided after January 2006 is set aside. For the two preceding months, the appellant shall be accorded the exemption if it cannot be established that services were rendered to a facility of....
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....2009-ST dated 3rd March 2009. The applicant does not appear to have even taken the preliminary precaution of appreciating the institutional mechanism that existed prior to the enactment of Special Economic Zones Act, 2005 or the context in which notification no. 4/2004-ST dated 31st March 2004 was promulgated under the authority of section 93 of Finance Act, 1994. It is also apparent that the cocooned world of administration of tax has blindsided the applicant into perceiving operation of section 26(2) and section 58 of Special Economic Zones Act, 2005 within the administrative rubric resorted to in Department of Revenue for operationalising the enabling provisions of taxing statutes. 6. The Special Economic Zones Act, 2005 provides for ....
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.... or services provided in a Special Economic Zone or Unit by the service providers located outside India to carry on the authorised operations by the Developer or entrepreneur; (e) exemption from service tax under Chapter V of the Finance Act, 1994 (32 of 1994) on taxable services provided to a Developer or Unit to carry on the authorised operations in a Special Economic Zone; (f) exemption from the securities transaction tax leviable under section 98 of the Finance (No. 2) Act, 2004 (23 of 2004) in case the taxable securities transactions are entered into by a non-resident through the International Financial Services Centre; (g) exemption from the levy of taxes on the sale or purchase of goods other than newspaper....
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....oo clear that the present application has been made without comprehending of the scope of section 26(2) of Special Economic Zones Act, 2005. 8. The Special Economic Zones Act, 2005 is a successor to the scheme operating under the Foreign Trade Policy, notified in accordance with empowerment of Foreign Trade (Development & Regulation) Act, 1992 as well as the erstwhile chapter XA of Customs Act, 1962 which itself was a consequence of re-grafting from Central Excise Act, 1944 in 2003. Notification no. 4/204-ST dated 31st March 2004 was, thus, issued as a facilitating exemption and, that too, under section 93 of Finance Act, 1994 for 'zero rating' of taxes and duties without reference to those statutory provisions relating to special econom....