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Union of India - Section

Section 9 in The Special Economic Zones Rules, 2003

9. Abatement of duties of customs in special cases.

(1)In case of removal of capital goods, after using the same in the special economic zone, from a special economic zone to the domestic tariff area,-
(a)the duty shall be levied on such goods on the depreciated value thereof [* * *] [Omitted words "or on the transaction value, whichever is higher" by Notification No. G.S.R. 305(E) dated 11.5.2004 (w.e.f. 22.7.2003)], at the rate in force on the date of filing of the bill of entry;
(b)the depreciation in value shall be allowed for the period from the date of commencement of commercial production of the special economic zone unit, or where such capital goods have been received in the special economic zone unit after such commencement of commercial production, from the date such goods have come into use for commercial production, to the date of presentation of bill of entry for home consumption;
(c)[ the depreciation shall be allowed in straight line method as specified below, namely :- [Substituted by Notification No. G.S.R. 305(E) dated 11.5.2004 (w.e.f. 22.7.2003)]
(i)computer and computer peripherals
For every quarter in the first year @ 10%
For every quarter in the second year @ 8%
For every quarter in the third year @ 5%
For every quarter in the fourth and fifth year @ 1%
(ii)for capital goods other then computer and computer peripherals:
For every quarter in the first year @ 4%
For every quarter in the second year @ 3%
For every quarter in the third year @ 3%
For every quarter in the fourth and fifth year @ 2.5%
and thereafter for every quarter @ 2%
Explanation - For the purpose of computing rate of depreciation for any part of a quarter the full such quarter shall be taken into account; and;]
(d)there shall be no upper limit for such depreciation and depreciation upto hundred per cent. could be allowed.
(2)In case of removal of used packing materials, such as cardboard boxes, polyethylene bags of a kind unsuitable for repeated use, from a special economic zone unit to the domestic tariff area, the same shall be allowed clearance out of the special economic zone without payment of duty.
(3)In case of goods removed from a special economic zone unit on payment of duty to the domestic tariff area and brought back to the same unit for purpose of repair within a period of six month from the date of clearance, or such extended period as the Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be, may allow, the same shall be allowed to be removed from special economic zone unit after such repair, on payment of duty on the value of repairs, subject to the condition that identity of the goods is established to the satisfaction of Assistant Commissioner of Customs or Deputy Commissioner of Customs, as the case may be.