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31st March, 2004
Notification No. 4 / 2004 - Service Tax
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-ServiceTax, 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 provider for consumption of the services
within such Special Economic Zone, from the whole of service
tax leviable thereon under section 66 of the said Act, subject to
the following conditions, namely:-
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(i)
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the developer
has been approved by the Board of Approvals
to develop, operate and maintain the Special Economic Zone;
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(ii)
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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;
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(iii)
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the developer or unit of
a Special Economic Zone shall maintain proper account
of receipt and utilisation of the said taxable services.
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Explanation .- For the purposes of this
notification,- |
| (1) |
Board of Approvals means the combined
Board of Approvals for export oriented unit and Special
Economic Zone units, as notified in the Official Gazette,
from time to time by the Government of India in the Ministry
of Commerce and Industry;
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| (2) |
developer means a person engaged
in development or operation or maintenance of Special Economic
Zone, and also includes any person authorised
for such purpose by any such developer;
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| (3) |
Special Economic Zone means a zone
specified as Special Economic Zone by the Central
Government in the notification issued under clause
(iii) of Explanation 2 to the proviso to sub-section
(1) of section 3 of the Central Excise Act, 1944 (1 of 1944).
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V. Kezo
Under Secretary to the Government of India
F. No. 305/55/2003-FTT
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