carried out in the power sector in SEZ, for supply to SEZs, EOUs in Gujarat and other SEZs, EOUs and others. In the present case ... various provisions of The SEZ Act and The SEZ Rules as under:-
(A) THE SEZ ACT, 2005:-
Section 2 Definitions
(a)
(c) authorised operations means
carried out in an SEZ unit for the claim of privileges and benefits
under SEZ Act .
Now the question comes whether the above provisions ... give certain incentives to the SEZ
units. To give effect to the provisions of the SEZ Act , corresponding amendments
have been made in the relevant
special legislation which is intended to benefit only to SEZ units. The provisions of SEZ Act are considered as means which convey such benefits ... unit on clearances made to SEZ units, the deeming fiction of export under SEZ Act, 2005 is exclusively meant for benefit of SEZ units
which also includes sale to another SEZ unit. As
already stated earlier, section 27 of the SEZ Act, make it clear that
provisions ... SEZ directly by itself to qualify as export. Sale effected to another
SEZ unit either within the same SEZ or a different SEZ cannot
Officer in respect of notified offences committed in a SEZ.
(v) Section 51 of SEZ Act, 2005 containing overriding provision provide that the provisions ... adjudicating authority to adjudicate disputes arising in the SEZ governed strictly by the SEZ Act, 2005 and Rules made thereunder.
4.1. Appellant relies
SEZ are not required to suffer service tax in terms of Section 26 readwith Section 51 of the SEZ Act, 2005. The SEZ developers ... provisions of SEZ Act, 2005 overwrite the provisions contained in any other Act including that of the Finance Act, 1994 . In terms of the Section
issued in 1995, the concept of SEZ was not there but FTZ was prevalent. The SEZ Act came much later. They have supplied cement ... Special Economic Zones Act, 2005.
By virtue of the above Act, the word FTZ was omitted and substituted with the word SEZ. Therefore, the Revenues
Trade Policy, Central Excise Act and Customs Act & Rules, made thereunder shall be applicable to supplies made to SEZ unit also. I perused ... SEZ unit or a SEZ developer, has been defined to constitute export.
(b) Section 51 of the Act provides that the said Act shall have
liberal meaning
under the definition clause contained in section 10B of the Act until its
I.T.A. No.371/Lkw/16
25
Assessment year ... income tax exemption
available to units in the SEZ u/s 10A of the Act and units in the free trade
zone provided
services' under the SEZ Rule, without appreciating
the fact that section 2(z) of the SEZ Act defines tradable services in general while
under ... Act, which is inserted in
pursuance of the SEZ Act and the general scheme of I T Act , trading activity does
not fall within
