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31
st
March, 2004
Notification No. 4 / 2004 - Service Tax
In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 ( 32 of 1994) and in
supersession of the notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (
Department of Revenue), No. 17/2002-ServiceTax, dated the 21
st
November, 2002, published in the Gazette of India,
Extraordinary, Part II, Section 3, Sub-section ( i ) dated the 21
st
November, 2002, vide, G.S.R.777(E), dated the 21
st
November 2002, except as respects things done or omitted to be done before such supersession , the Central Government
being satisfied that it is necessary in the public interest so to do, hereby exempts taxable service of any description as
defined in clause (90) of sub-section (1) of section 65 of the said Act provided to a developer of Special Economic Zone or
a unit (including a unit under construction) of Special Economic Zone by any service provider for consumption of the services
within such Special Economic Zone, from the whole of service tax leviable thereon under section 66 of the said Act, subject to
the following conditions, namely:-
(i)
the developer has been approved by the Board of Approvals to develop, operate and maintain the
Special Economic Zone;
(ii)
the unit of the Special Economic Zone has been approved by the Development Commissioner or Board
of Approvals, as the case may be, to establish the unit in the Special Economic Zone;
(iii)
the developer or unit of a Special Economic Zone shall maintain proper account of receipt and utilisation
of the said taxable services.
Explanation .- For
the purposes of this
notification,-
(1)
" Board of Approvals " means the combined Board of Approvals for export oriented unit and Special
Economic Zone units, as notified in the Official Gazette, from time to time by the Government of India in
the Ministry of Commerce and Industry;
(2)
" developer " means a person engaged in development or operation or maintenance of Special
Economic Zone, and also includes any person authorised for such purpose by any such developer;
(3)
" Special Economic Zone" means a zone specified as Special Economic Zone by the Central
Government in the notification issued under clause (iii) of Explanation 2 to the proviso to sub-section (1)
of section 3 of the Central Excise Act, 1944 (1 of 1944).
V. Kezo
Under Secretary to the Government of India
F. No. 305/55/2003-FTT
notifications no 04 2004 st | iKargos