powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994) and in supersession

Indian Service Tax

Notification

Notification No. 4/2004-ST, dated 31/3/2004

Exemption to services provided to a Developer of Units in SEZ ­ Notification No. 17 /2002-S. T. superseded

In exercise of the powers conferred by sub-section (1) of section 93 of the Finance Act, 1994 (32 of 1994) and in supersession of the notification of the Government of India in the erstwhile Ministry of Finance and Company Affairs (Department of Revenue), No. 17/2002-Service Tax, dated the 21st November 2002, published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) dated the 21st November, 2002, vide, G.S.R. 777(E), dated the 21st November, 2002, except as respects things done or omitted to be done before such supersession, the Central Government being satisfied that it is necessary in the public interest so to do, hereby exempts taxable service of any description as defined in clause (90) of sub-section (1) of section 65 of the said Act provided to a developer of Special Economic Zone or a unit (including a unit under construction) of Special Economic Zone by any service providerforconsumption of the services within such Special Economic Zone,fromthe whole of service tax leviable thereon under section 66 of the said Act, subject to the following conditions, namely:

• the developer has been approved by the Board of Approvals to develop, operate and maintain the Special Economic Zone,

• the unit of the Special Economic Zone has been approved by the Development commissioner or Board of Approvals, as the case may be, to establish the unit in the Special Economic Zone;

• the developer or unit of a Special Economic Zone shall maintain proper account of receipt and utilisation of the said taxable services.

Explanation.- For the purposes of this notification, ­

(1) "Board of Approvals" means the combined Board of Approvalsforexport oriented unit and Special Economic Zone units, as notified in the Official Gazette,fromtime to time by the Government of India in the Ministry of Commerce and Industry;

(2) "developer" means a person engaged in development or operation or maintenance of Special Economic Zone, and also includes any person authorisedforsuch purpose by any such developer;

(3) "Special Economic Zone means a zone specified as Special Economic Zone by the Central Government in the notification issued under clause (iii) ofExplanation2 to the proviso to sub-section (1) of section 3 of the Central Excise Act, 1944 (1 of 1944).