(1)The notification of a semiconductor wafer fabrication manufacturing unit as a specified business under sub-clause (xiii) of clause (c) of sub-section (8) of section 35AD of the Act shall be in accordance with the following procedure, namely:-(a)the applicant shall apply for notification of the unit in Form No. 3CS to Member (Income-tax), Central Board of Direct Taxes, Department of Revenue, Ministry of Finance, North Block, New Delhi ;(b)the Board shall serve a deficiency letter on the applicant if any defect is noticed in the application in Form No.3CS or if any relevant document is not attached thereto;(c)the applicant shall remove the deficiency within a period of fifteen days from the date of service of the deficiency letter or within such further period which on an application made in this behalf may be extended;(d)if the applicant fails to remove the deficiency within the period so allowed, the Board, if satisfied, may pass an order treating the application as invalid;(e)the Board may call for such documents or information from the applicant as it may consider necessary and may call for further details or information from the applicant as well as from the income-tax authorities and other Departments or agencies, as it may deem fit;(f)the Board may, after considering the application and the documents or the information referred to in clause (e), either issue the notification to be published in the Official Gazette granting approval to the unit or for reasons to be recorded in writing reject the application;(g)the Board may, withdraw the approval if it is satisfied that:-(i)the assessee has ceased its activities relating to the specified business; or(ii)such activities are not genuine or are not being carried out in accordance with all or any of the conditions under section 35AD or under this rule; or(iii)the approval granted by the competent authority on the recommendations of the Appraisal Committee under the Modified Special Incentive Package Scheme of the Department of Electronics and Information Technology has been withdrawn;(h)no order treating the application as invalid or rejecting the application or withdrawing the approval or cancellation of the notification, shall be passed without giving an opportunity of being heard to the assessee;(i)a copy of the order invalidating or rejecting the application or withdrawing the approval shall be communicated to the applicant and the Assessing Officer and the Commissioner having jurisdiction over the assessee.
