11
th
May, 2004
Notification No. 61 /2004 - Customs (N.T.)
In exercise of the powers conferred by sub-section (1) of section 156 read with Chapter XA of the Customs Act, 1962 (52 of
1962), the Central Government, hereby makes the following rules further to amend the Special Economic Zones Rules, 2003,
namely:-
1.(1)
These rules may be called
the Special Economic
Zones ( Fourth Amendment)
Rules, 2004.
(2)
They shall come into force
on the date of their
publication in the Official
Gazette.
2.
In the Special
Economic
Zones Rules,
2003,-
(A) in rule 2,-
(i)
in clause (c) , for the words "permitted by the
Commissioner of Customs ", the words,
brackets, letter and figures "approved by the
Board of Approvals as defined in clause (c) of
regulation 2 of the Special Economic Zones
(Customs Procedures) Regulations,2003 "
shall be substituted.
(ii)
after clause (i), the following clause shall be
inserted, namely:
' (ii) " Unit Approval Committee", in respect of
a special economic zone, means a committee
set up for the special economic zone as
notified in the Official Gazette by the Central
Government in the Ministry of Commerce and
Industry' ;
(B) in rule 5 ,
in sub-rule (4)
, for the words
"
Commissioner
of Customs",
the words "
Deputy
Commissioner
of Customs or
Assistant
Commissioner
of Customs,
as the case
may be " shall
be substituted;
(C) in rule 9,
in sub rule (1),
-
(i)
in clause (a) , the words " or on the transaction
value, whichever is higher" shall be omitted ;
(ii)
for clause (c), the following clause shall be
substituted , namely:-
" (c) the depreciation shall be allowed in
straight line method as specified below,
namely:-
(i) for computer and computer peripherals:
for every quarter in the first year @10%
for every quarter in the second year@8%
for every quarter in the third year @5%
for every quarter in the fourth and fifth
year
@1%
(ii) for capital goods other then computer and
computer peripherals:
for every quarter in the first year @4%
for every quarter in the second year@3%
for every quarter in the third year @3%
for every quarter in the fourth and fifth
year
@2.5%
and thereafter for every quarter @2%
Explanation.- For the
purpose of computing rate
of depreciation for any part
of a quarter the full such
quarter shall be taken into
account; and";
(D) for rule 11,
following rule
shall be
substituted,
namely:-
"11.
Removal of goods from a special economic
zone unit to an export oriented undertaking or
software technology park unit or electronic
hardware technology park unit or to other
special economic unit in the same or other
special economic zone.- (1) With the prior
permission of the Assistant Commissioner of
Customs or Deputy Commissioner of
Customs, as the case may be, goods may be
allowed to be removed from a special
economic zone unit to an export oriented
undertaking or software technology park unit or
electronic hardware technology park unit or to
another special economic zone unit in the
same special economic zone or in other
special economic zone without payment of
duty for the purpose of carrying out authorised
operations within the receiving export oriented
undertaking or software technology park unit or
electronic hardware technology park unit or
special economic zone unit, as the case may
be:
Provided that in case the goods admitted into
special economic zone unit from any domestic
tariff area, on which benefit under duty
exemption pass book scheme or duty draw
back has been availed, are removed as such
or after subjecting them to a process not
amounting to manufacture, to an export
oriented undertaking or software technology
park unit or electronic hardware technology
park unit directly by the special economic zone
unit or through any unit in the same special
economic zone or another special economic
zone, the duty equal to benefit availed under
duty exemption pass book scheme or duty
drawback shall be liable to be paid.
(2)
In case of clearance of goods by a special
economic zone unit to another special
economic zone unit within the same special
economic zone, no prior permission of
Assistant Commissioner of Customs or
Deputy Commissioner of Customs shall be
required, but both supplying and receiving
special economic zone units shall be required
to maintain records for such transaction." ;
(E) in rule 12,
in sub- rule
(1), for clause
(i), the
following
clause shall be
substituted,
namely:-
"(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:
Provided that where such
goods have been procured
by the special economic
zone unit against payment
of foreign exchange, the
special economic zone unit
shall not be liable to pay
back the export benefits,
taken by the domestic tariff
unit from which such goods
have been procured or,
taken by the special
economic zone unit on the
basis of disclaimer from
such domestic tariff area
unit, in case of destruction of
such goods; and " ;
(F) for rule 14,
the following
shall be
substituted
namely:
"14.Submission of returns.-
Every special economic
zone unit shall endorse, a
copy of the quarterly and
annual return which it
furnishes to the
Development
Commissioner, to the
Assistant Commissioner of
Customs or Deputy
Commissioner of Customs,
as the case may be, in a
format as specified for such
purpose in Appendix 14IF
of the Handbook of
Procedures( Vol I), notified
by the Director General of
Foreign Trade, Government
of India in the Ministry of
Commerce and Industry
under Public Notice No.1 (
RE-2003)/2002-07, dated
the 31
st
march, 2003
(G) in rule 18
for the words "
Commissioner
of Customs"
the words "
Deputy
Commissioner
of Customs or
Assistant
Commissioner
of Customs,
as the case
may be," shall
be substituted;
(H) for rule 19
the following
rule shall be
substituted ,
namely:-
" 19. Monitoring.- The
performance of a special
economic zone unit and a
developer of the concerned
special economic zone
shall be monitored by the
Unit Approval Committee in
which the Commissioner of
Customs having jurisdiction
over concerned special
economic zone or his
nominee shall be a
member";
(I) in rule 20, in clause (a),
(i)
for the words " either exported or"
the words " either exported or
shall be transferred to another
special economic zone unit in
other special economic zone or
to export oriented undertaking
or unit in electronic hardware
technology park or software
technology park with out payment
of duty or" shall be substituted ;
(ii)
after the proviso, the following
proviso shall be inserted,
namely:-
" Provided further that in case
the goods admitted into special
economic zone unit from
domestic tariff area, on which
benefit under duty exemption
pass book scheme or duty draw
back has been availed, are
removed as such or after
subjecting them to a process not
amounting to manufacture, to an
export oriented undertaking or
software technology park unit or
electronic hardware technology
park unit directly by the special
economic zone unit or through
any unit in the same special
economic zone or another
special economic zone, the duty
equal to benefit availed under
duty exemption pass book
scheme or duty drawback shall
be liable to be paid."
V. Kezo
Under Secretary to the Government of India
F. No. 314/24/2001-FTT(Pt-IV)
Note :The principal notification No. 52/2003-Customs (N.T.), dated the 22
nd
July, 2003, was published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section (i) with G.S.R 570 (E), dated the 22
nd
July, 2003 and was last amended by
notification No 58/2004-CUSTOMS (N.T.), dated the 30
th
April, 2004 [G.S.R 294(E), dated the 30
th
April, 2004].
