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Management of SEZ :
(a) SEZ will be under the administrative control of the Development
Commissioner.
(b) All activities in the zone of SEZ units, unless otherwise specified, shall
be through self certification procedure.
Setting up of SEZ in Private/ joint/State Sector
A SEZ may be set up in the public, private, joint sector or by state Government
as notified by the Ministry of Commerce and Industry. The existing Export
Processing Zones (EPZs) may also be converted into SEZ by the Ministry of
Commerce and Industry through issue of a notification.
Samples
SEZ units may, on the basis of records maintained by them, and on prior
intimation to Customs authorities:
(i) Supply or sell samples in the DTA for display/market promotion on payment of
applicable duties;
(ii) Remove samples without payment of duty, on furnishing a suitable
undertaking to Customs authorities for bringing the goods back within a
stipulated period;
(iii) Samples, including samples made in wax models, silver models and rubber
moulds may be exported on the basis of records maintained by the unit and under
intimation to the Custom authorities. Samples may also be exported through
courier agencies.
Sale of Un-utilised Material/ Obsolete goods
(a) In case an SEZ unit is unable, for valid reasons, to utilize the goods,
including capital goods and spares, it may dispose them in the DTA in accordance
with the import policy in force and on payment of applicable duties or export
them.
(b) Capital goods and spares that have become obsolete/surplus may either be
exported or disposed of in the DTA on payment of applicable duties. The benefit
of depreciation, as applicable, will be available in case of disposal in DTA.
(c) No duty shall be payable if the goods are destroyed with the permission of
Customs authorities.
(d) SEZ unit may be allowed by Customs authorities concerned to donate imported/
indigenously procured (bought or taken on loan) computer and computer
peripherals, including printer, plotter, scanner, monitor, key-board and storage
units without payment of duty, two years after their import/procurement and use
by the units, to recognized non-commercial educational institutions, registered
charitable hospitals, public libraries, public funded research and development
establishments, organisations of the Government of India or Government of a
State or Union Territory as per Custom/ Central Excise notification issued in
this regard.
Entitlement for SEZ Developer
:
1. Developer of SEZ in the Private/Joint/State sector may import/ procure goods
from DTA without payment of duty for the development, operation and maintenance
of SEZ.
2. SEZ developer shall be eligible for the entitlements as provided for in the
Income Tax Act for development, operation and maintenance of SEZ.
Transitional Arrangements
:
An existing EPZ unit will have the following options:
(a) It can opt for SEZ Scheme under this Chapter. On conversion, its previous
obligations as an EPZ unit shall be subsumed by its obligations under the SEZ
Scheme. The raw materials, components, consumable and finished goods lying in
stock with the unit at the time of conversion shall be taken as its opening
balance under the SEZ Scheme. All unutilized DTA sale entitlements of the unit
shall cease to exist from the date of conversion as notified by the Ministry of
Commerce and Industry
(b) In case an existing EPZ unit decides not to opt for (a) above, it can either
convert into an EOU or de-bond. In both the cases, the unit shall physically
move out of the SEZ.
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