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September 25, 2003 
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In the news

Powers relating to the regulation of SEZs to lie with Development Commissioner

Once the proposed SEZ Act is enacted, the commerce department will regulate not just the development, operation and maintenance of SEZs, but will also be in charge of framing all policies including the fiscal regime, investment policy and the legislative framework for the SEZ. The fiscal concessions available to SEZs would then flow from the new law, rather than the customs, excise and income tax laws as is the case now.

Our Say

The Cabinet note on the SEZ bill has proposed deletion of Chapter 10 A of the Customs Act. The provisions of this chapter on SEZs will be incorporated in the new SEZ legislation. Similarly, all provisions on income tax deductions for the SEZs (such as 10 A and 10 B of Income-Tax Act 1961) will be shifted to the SEZs Act. This will impact foreign companies as tax sparing benefits in certain treaties for exchange with Singapore may be lost.

 

The commerce department will have overriding powers as tax authorities will require authorization from the development commissioner (DC) concerned for audits, searches and so on. The office of the DC will be the 'single window' for all clearances regarding policy and procedures.

According to government sources, the exemptions mooted in the SEZ bill are contrary  to  those  agreed

upon by the finance ministry. New concessions are being added. Moreover, the commerce department need not seek a clearance from the finance ministry for future fiscal concessions to be granted to the SEZs. As of now, all tax exemptions have to be ratified by the revenue department.

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In the News
Old investors to soon benefit from eased FDI Norms
Powers relating to the regulation of SEZs to lie with Development Commissioner

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