SEZ Instructions - Two Contradictory Circulars – which is Correct?
A concerned Netizen has brought to our notice a major goof up by the Commerce Department. Now there are two Instructions numbered 11, one dated 12 th August 2009 and another dated 27 th May, 2009. The Instruction dated 12 th August available in the SEZ website is in supersession of the Instruction dated 27 th May, 2009. Now it seems the SEZ officers are refusing to accept the second instruction, claiming it to be a fraud.
What is the difference between the two instructions?
Sl. No. | Nature of Difference | Instruction 11, dated 27 May 2009 | Instruction 11, dated 12 August 2009 |
|---|---|---|---|
1 | Amendment in exiting Instruction | This is in supersession of Instruction No 8 issued vide Department's (Department of Commerce) O.M No F1/6/2006-SEZ dated 12 October 2007 | This is in suppression of OM of even number dated 27th May 2009 and Instruction No 8 issued vide department's (Department of Commerce) O.M No. F1/6/2006-SEZ dated 12 October 2007 |
2 | Depreciation calculation of used capital goods | While computing the value of the used/second hand capital goods sought to be transferred into the Zone from DTA, including from an EOU,EHTP/STP/BTP unit, within the Zone or from any other Zone, the depreciation rates stipulated as per the provision of Income Tax Act and Rules made there under will be adopted for arriving at depreciated value of such second hand capital goods intended to be moved into Zone | While computing the value of the used/second hand capital goods sought to be transferred into the Zone from DTA, including from an EOU,EHTP/STP/BTP unit, within the Zone or from any other Zone, the depreciation rates stipulated as per Rule 49(1)(C) of the SEZ Rules, 2006 will be adopted for arriving at depreciated value of such second hand capital goods intended to be moved into Zone |
3 | Value limit for transfer of used capital goods from DTA to SEZ | Sum total of S.No 5 & 6 of the annexure 1 shall not exceed 20% of the sum total of S.Nos 3 & 4 of the same annexure at any given point of time. However, the units can shift used/second hand capital goods valuing more than 20% in which case they will not be entitled to benefits under Income Tax Act | Sum total of S.No 5 & 6 of the annexure 2 shall not exceed 20% of the sum total of S.No 3 ,4, 5 & 6 of the same annexure. However, the units can shift used/second hand capital goods valuing more than 20% in which case they will not be entitled to benefits under Income Tax Act, 1961. |
4 | Role of Approval Committee or Development Commissioner while granting any approval for setting up of unit | Keeping in view the provisions that exist in Section 10AA of the Income Tax Act, 1961 to deal with tax related issues in case of previously used Capital Goods, in terms of the provisions of sub-section (8) of Section 15 of the Special Economic Zones Act, 2005, it is hereby prescribed that while granting any approval for setting up new units in any SEZ, the | Keeping in view the provisions that exist in Section 10AA of the Income-tax Act, 1961 to deal with tax related issues in case of previously used Capital Goods, it should be ensured that by the unit that the sum total of S.No. 5 &6 of the enclosed annexure shall not exceed 20% of the sum total of S.No. 3, 4,5 &6 of the annexure. However, the units can shift used/second capital goods valuing more than 20% in which case they will not be entitled to benefits under the Income-tax Act, 1961. For the purpose of shifting used/second capital goods, it has been decided to prescribe the following procedure for the guidance of the units in the SEZs |
5 | Annexure to the Instruction | Para 3 - Value of the installed Capital Goods (Imported) (New & used/ Second hand) | Para 3 - Original Cost of the installed Capital Goods (Imported) (New & used/ Second hand) |
6 | Annexure to the Instruction | Para 4 - Value of the installed Capital Goods (Procured from DTA) - (New) | Para 4 - Original Cost of the installed Capital Goods (Procured from DTA) – (New) |
7 | Annexure to the Instruction | Para 5 - Value of the installed Capital goods - (Procured from DTA) - (used / second hand) | Para 5 - Depreciated value of the installed Capital goods on the date of installation in the SEZ - (Procured from DTA) - (used / second hand) |
8 | Web site | http://www.eouindia.gov.in/ | http://www.sezindia.nic.in |
Will the Commerce Ministry clarify?