Criteria for SEZ

Exchange Rate for imported goods is Rs 74.03 Per Pound Sterling and Rs 51.22 Per Yen-Exchange Rate for export is Rs 72.45 Per Pound Sterling and Rs 49.94 Per Yen-Customs Non-Tariff Notification No.128 Sensex slips further and closes at 8773 100 per cent EOUs allowed to export non-basmati rice-DGFT Notification No.59 Customs duty of 5 per cent imposed on import of Pig Iron, spiegeleisen, semi-finished products, flat products & long products Import of Crude Soyabean Oil subjected to 20 per cent customs duty- no change in import duty on refined soyabean oil-Customs Tariff Notification No.122 Time-limit for filing refund of service tax extended to 6 months-Service Tax Notification No.32 Rahul Bajaj asks Industry to prepare for the worst Tariff Value for import of Brass Scrap is 3525 and for poppy seeds 5206-Customs Non-Tariff Notification No. 127 CBEC clarifies the entire amount of duty paid by the manufacturer, as shown in the invoice would be available as credit irrespective of the fact that subsequent to clearance of the goods, the price is reduced by way of discount or otherwise-Central Excise Circular No.877 Mandavariya (Kishangarh), District Ajmer notified for Unloading of imported goods and loading of export goods-Customs Non-Tariff Notification No.117 SC Ruling-the entitlement of benefit in terms of Section 32AB, Section 80HH and Section 80I of the Income Tax Act- conversion of Jumbo rolls of photographic films into small flats and rolls in the desired sizes amounted to manufacture/production-AIT-2008-413-SC SC Ruling-Whether any "gift" arose in terms of Section 2(xii) of the Gift-tax Act, 1958 on the allotment of rights issue by the appellant company to its shareholders vide Board's Resolution- Whether there was any element of "gift" as defined under Section 2(xii) in the appellant issuing Bonus shares in the ratio of 1:23-AIT-2008-412-SC DEPB benefit allowed on export of cement and steel-DGFT PN 108 exports of cement in all types and forms and primary steel products eligible for export incentives under Focus Market Scheme-DGFT Notification No.58 Import of Marble Tiles-DGFT Notification No.57 Clarification on setting up Duty Free Shops approved by FIPB-Customs Circular No.19 HC Ruling-Income Tax-"reserves" arising out of the acquisition of the business of Tata Cellular Limited could never have the character of "income" in the hands of the petitioners-pre-requisite condition contained in proviso to section 147 to enable the re-assessment to be opened after period of 4 years have elapsed have not been met-AIT-2008-410-HC HC Ruling-Central Excise- valuation of the goods for the purpose of excise duty and whether excise duty was chargeable under Section 4 or Section 4A of the Central Excise Act 1944-while construing rule 3, who are excluded are only the institutional or industrial consumers as explained in Rule 2A and the industrial or institutional consumers in terms of the proviso to rule 2(p) for the purpose of chapter-II are the same-If the person who purchase the prepacked commodity not directly from the manufacturer or packers, they are consumers and the declaration will be of no effect-AIT-2008-408-HC Government considering imposition of import duty on steel Bad News for Consulting Engineers- whether turnkey contract can be vivisected?- The conclusion in Daelim case on the point, prima facie, being not in accordance with law, matter goes to Larger Bench-AIT-2008-405-CESTAT Larger Bench of CESTAT rules Credit is admissible on an input service relating to the business-AIT-2008-407-CESTAT credit of the service tax paid on the outdoor catering (canteen) service is admissible as input service under Rule 2(l) of the Cenvat Credit Rules, 2004-AIT-2008-406-CESTAT The payment for use of "services for MTNL/other companies via the interconnect/port/access/toll by the assessee would not fall within the purview of payments as provided for under section 194J of the Act, so as to be eligible for tax deduction at source-The interconnect charges/port access charges cannot be regarded as fees for technical services-AIT-2008-404-HC Computation of Value under Section 14 for Levy of Export Duty - Customs Circular No. 18 Advance Ruling- Whether the service fee paid by the applicant to Intertek Testing Management Limited UK under Global Management Service Agreement is taxable as "Royalties & Fee for Technical Services" as per the provisions of Article 13 of DTAA between India & UK? Whether the applicant is required to deduct tax at source on the service fee paid to Intertek Testing Management Limited, UK, at the rate of 10% plus applicable surcharge and cess as per the provisions of section 115A(1)(b)(BB) of the Income-tax Act-AIT-2008-401-AAR Larger Bench of SC Ruling-whether the revenue can be precluded from filing an appeal even though in respect of some other years involving identical dispute no appeal is filed -AIT-2008-403-SC SC Ruling-whether transfer of Banking Undertaking gave rise to taxable capital gains under Section 45 of the 1961 Act-it was not possible to compute capital gains and, therefore, the said amount of Rs. 10.20 cr. was not taxable under Section 45 of Income Tax Act-AIT-2008-400-SC Export duty of 8 per cent notified in place of earlier rate of Rs. 200 per tonne on export of iron ore fines-Customs Tariff Notification No.121 Pan Masala Packing Machines (Capacity Determination And Collection of Duty) Second Amendment Rules, 2008-Central Excise Non-Tariff Notification No.45 SC rules Ethylene and propylene manufactured by the assessee and used in its factory in the further manufacture of the same goods would be entitled to the benefit of exemption contained in notification no.217/86-AIT-2008-398-SC New DEPB Rates on export of all products notified–DGFT PN 102 service tax paid under Section 66A is available as 'input credit' under Cenvat Credit Rules, 2004 provided the said services are used as input services by the manufacturer or producer of final products or a provider of output taxable service-Service Tax Trade Notice No.43/2008 Anti-dumping duty imposed on import of cable ties from China & Taiwan-Customs Tariff Notification No.118 Definitive Anti-dumping duty imposed on import of Phenol from Singapore, South Africa & European Union-Customs Tariff Notification No.114 High-tech products entitled to benefits under High-Tech Products Export Promotion Scheme –DGFT PN 101

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LIST OF AUTHORISED ACTIVITIES IN NON-PROCESSING AREA OF SEZs TO BE NOTIFIED

New Delhi: September 21, 2006

The Board of Approvals in its meeting held on 21^st September, 2006 discussed and decided the procedure to be adopted by the Board of Approval while approving infrastructure in the non-processing area of the Special Economic Zones. In this regard, it was decided that the Central Government will notify a list of authorised operations (Annex. I). This list would be used by the Board of Approval for authorizing operations which only would qualify for exemptions, concessions and drawback.

The Board of Approvals also agreed on certain criteria (Annex. II) to be followed by the Board for approval of SEZ Developers

Annexure-I
List of authorised operations eligible for approval by the Board of Approval
(A)        IT/ITES, Bio-technology & Gems & Jewellery SEZ:
i)                     Roads with Street lighting, Signals & Signage
ii)                  Water treatment plant, water supply lines (dedicated lines upto source), sewage lines, storm water drains and water channels of appropriate capacity
iii)                 Sewage and garbage disposal plant, pipelines and other necessary infrastructure for sewage and garbage disposal, Sewage treatment plants
iv)                Electrical, Gas & PNG Distribution Network including necessary sub-stations of appropriate capacity, pipeline network etc
v)                  Security offices, police posts, etc, at entry, exit and other points within and along the periphery of the site.
vi)                 Effluent treatment plant and pipelines and other infrastructure for Effluent treatment
vii)                Office space
viii)              Parking including Multi-level car parking (automated / manual)
ix)                  Telecom and other communication facilities including internet connectivity
x)                    Rain water harvesting plant
xi)                  Power ( including power back up facilities)
xii)                 Air conditioning
xiii)               Swimming pool
xiv)               Fire protection system with sprinklers, fire and smoke detectors
xv)                Recreational facilities including club house, Indoor/Outdoor games, gymnasium
xvi)               Employee welfare facilities like ATMs, Crèche, Medical center and other such facilities
xvii)             Shopping arcade/Retail space
xviii)            Business/Convention Centre
xix)                Common Data centre with inter-connectivity
xx)                 Housing/Service apartments
xxi)                Play ground
xxii)              Bus bay
xxiii)             Food Services including Cafeteria, food court(s), Restaurants, coffee shops, canteens and catering facilities
xxiv)            Landscaping and water bodies
xxv)              Clinic & Medical Centers
xxvi)            Wi Fi/Wi Max Services
xxvii)           Drip and Micro irrigation systems
xxviii)         Any other operation ancillary or incidental to operations specified above from (i) to (xxviii) which the Board of Approval may authorise from time to time.
(B)        Sector Specific SEZs
i)                     Roads with Street lighting, Signals and Signage.
ii)                  Water treatment plant, water supply lines, sewage lines, storm water drains and water channels of appropriate capacity
iii)                 Sewage and garbage disposal plant, pipelines and other necessary infrastructure for sewage and garbage disposal and Sewage treatment plants
iv)                Electrical, Gas & PNG Distribution Network including necessary sub-stations of appropriate capacity, pipeline network etc
v)                  Security offices and police posts at entry, exit and other points within and along the periphery of the site.
vi)                 Effluent treatment plant and pipelines and other infrastructure for Effluent treatment
vii)                Office space/Shopping arcade/Retail space/ Multiplex
viii)              Housing
ix)                  Hotel/Service apartments
x)                    Clinic / Medical Centers/ Hospital
xi)                  School/Technical Institution/Educational Institution
xii)                 Parking including Multi-level car parking (automated / manual)
xiii)               Telecom and other communication facilities including internet connectivity
xiv)               Business/Convention Centre
xv)                Common Data centre with inter-connectivity
xvi)               Rain water harvesting plant
xvii)             Power (including power back up facilities
xviii)            Rail head
xix)                Access control and Monitoring system
xx)                 Swimming pool
xxi)                Fire Station, Fire protection system with sprinklers, fire and smoke detectors
xxii)              Recreational facilities including club house, Indoor/Outdoor games and gymnasium
xxiii)             Employee welfare facilities like ATMs, Crèche, Medical center and other such facilities
xxiv)            Play grounds
xxv)              Bus bays
xxvi)            Food Services including Cafeteria, food court(s), Restaurants, coffee shops, canteens and catering facilities
xxvii)           Landscaping and water bodies
xxviii)         Wi Fi/Wi Max Services
xxix)             Drip and Micro irrigation systems
xxx)               Any other operation ancillary or incidental to operations specified above from (i) to (xxix) which the Board of Approval may authorise from time to time.
(C)        Multi Product SEZs
i)                     Roads with Street lighting, Signals and Signage
ii)                  Water treatment plant, water supply lines, sewage lines, storm water drains and water channels of appropriate capacity
iii)                 Sewage and garbage disposal plant, pipelines and other necessary infrastructure for sewage and garbage disposal and Sewage treatment plants
iv)                Electrical, Gas & PNG Distribution Network including necessary sub-stations of appropriate capacity, pipeline network etc
v)                  Security offices and police posts at entry, exit and other points within and along the periphery of the site.
vi)                 Effluent treatment plant and pipelines and other infrastructure for Effluent treatment
vii)                Office space/Shopping arcade/Retail space/multiplexes
viii)              Housing
ix)                  Hotel
x)                    Clinic /Medical Centers / Hospital
xi)                  School/Technical Institution/Educational Institution
xii)                 Parking including Multi-level car parking (automated / manual)
xiii)               Access control and Monitoring system
xiv)               Telecom and other communication facilities including internet connectivity
xv)                Rain water harvesting plant
xvi)               Power ( including power back up facilities)
xvii)             Swimming pool
xviii)            Fire Station, Fire protection system with sprinklers, fire and smoke detectors
xix)                Rail head within the SEZ
xx)                 Port
xxi)                Airport/Air Cargo Complex
xxii)              ICD
xxiii)             Banks
xxiv)            Recreational facilities including club house, Indoor/outdoor games and gymnasium.
xxv)              Employee welfare facilities like ATMs, Crèche, Medical center and other such facilities
xxvi)            Play grounds
xxvii)           Golf course
xxviii)         Bus bays
xxix)             Food Services including Cafeteria, food court(s), Restaurants, coffee shops, canteens and catering facilities
xxx)               Landscaping and water bodies
xxxi)             Wi Fi/Wi Max Services
xxxii)            Drip and Micro irrigation systems
xxxiii)          Any other operation ancillary or incidental to operations specified above from (i) to (xxxii) which the Board of Approval may authorise from time to time.
Annex. II
Criteria to be followed by the Board for approval of SEZ Developers
1.         Minimum Investment or Net worth of the Promoter company & all Group companies & Flagship companies as follows
a)            Sector specific SEZs:
Minimum investment of Rs.250 crores or net worth of Rs.50 crores
b)           Multi product SEZs:
Minimum investment of Rs.1000 crores or net worth of Rs.250 crores
Proposals not meeting the above minimum investment or net worth criteria with enough justification for the same, to be considered on merits by the Board of Approvals.