OFFICE OF THE COMMISSIONER OF CUSTOMS (IMPORT),   MUMBAI-II, JAWAHAR LAL NEHRU CUSTOM HOUSE, SHEVA, TAL-URAN, DISTRICT - RAIGAD, MAHARASHTRA - 400707

 

F.NO. S/22-GEN-       /2004-APPG.(MAIN-IMP.)                            Date:         /03/2004                

 

PUBLIC NOTICE NO.20/2004

 

Sub:  Admissibility of DEPB benefits in respect of supplies

made by DTA Units to SEZ Units - reg.

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            Attention of the importers, CHA’s and trade is invited to the entry no. 2 of Customs Notification No. 57/2003-Cus. dtd. 01.04.2003, which inter alia amended Customs Notification No. 45/2002-Cus. dtd. 22.04.2002 relating to DEPB Scheme.  Through this amendment the provisions of DEPB Scheme were extended in respect of supplies made by DTA units to SEZ units.  Para 2.5 of the DOR Circular No. 25/2003-Cus. dated 01.04.2003 inter-alia outlined the procedure to be adopted for the purpose of availing benefit of DEPB Scheme in respect of such supplies.

 

2.       Special provisions relating to Special Economic Zones were inserted in the Customs Act through Finance Act, 2002 by creating a new Chapter XA (vide Sections 76A to 76N) and the aforesaid provisions were to be brought into operation from a date to be notified.  Till now, the said Chapter XA of the Customs Act pertaining to SEZ Scheme has not been brought into operation.

 

3.       Till the operation of Chapter XA ibid, benefit of DEPB Scheme does not become legally available in respect of supplies made by DTA Units to  SEZ Unit.  It is, therefore, clarified that benefit of DEPB Scheme in respect of supplies made by DTA Units to  SEZ Unit can only be allowed on & from a future date when Chapter XA ibid is brought into operation.  In case benefit of DEPB Scheme was extended in respect of supplies made by DTA Units to SEZ Units in the past in terms of Customs Notification No. 45/2002-Cus. Dated 22.04.2002 as amended read with DOR Circular No. 25/2003-Cus. Dated 01.04.2003, recovery action would be initiated immediately.

 

 

 

 

 

                                                                             (R. SHARMA)

                                                          OMMISSIONER OF CUSTOMS(IMPORT)

                                                          JAWAHARLAL NEHRU CUSTOM HOUSE,

                                                                   HAVA-SHEVA, DIST. RAIGAD.