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49. Domestic Tariff Area removals - abatement of duties in certain cases—

(1) A Unit may remove capital goods to Domestic Tariff Area after use in Special Economic Zone on payment of duty as under:—

(a) duty shall be levied on such goods on the depreciated value thereof and at the rate in force on the date of removal of the

goods;

(b) depreciation in value shall be allowed for the period from the date of commencement of production or where such capital goods have been received in the Unit after such commencement of production from the date such goods have been put to use for production till the date of presentation of Bill of Entry for home consumption;

(i) for computer and computer peripherals for every quarter in the first year at the rate of ten per cent. for every quarter in the second year at the rate of eight per cent. for every quarter in the third year at the rate of five per cent. for every quarter in the fourth and fifth year at the rate of one per cent.;

(ii) for capital goods other than computer and compute peripherals for every quarter in the first year at the rate of four per cent.

for every quarter in the second year at the rate of three per cent. for every quarter in the third year at the rate of three per cent. for every quarter in the fourth and fifth year at the rate of two and half per cent. and thereafter for every quarter at the rate of two per cent.

Explanation : For the purpose of computing depreciation for any part of a quarter, the rate applicable to such quarter in full shall be

considered.

(2) Goods supplied by a Unit to Domestic Tariff Area on payment of duty may be brought back to the Unit for the purpose of repair within

a period of six months from the date of clearance, or within such period as may be extended by the Specified Officer or within the warranty

period whichever is later, on payment of duty on the value of repairs subject to the condition that the identity of goods is established to the

satisfaction of the Specified Officer.

(3) Goods on which any export entitlements were availed at the time of procurement of goods may be supplied back to the Domestic Tariff

Area on payment of duty equivalent to the export entitlements availed subject to the condition that the identity of goods being supplied back

to the Domestic Tariff Area is established to the satisfaction of the Specified Officer:

Provided that where no export entitlements are availed, such goods may be supplied back to the Domestic Tariff Area without payment of duty.

(4) A Unit may remove following goods from the Special Economic Zone to Domestic Tariff Area without payment of duty:—

(a) goods imported and admitted into the Special Economic Zone after payment of applicable duty and such goods are cleared

into Domestic Tariff Area, without any processing, subject to the condition that the identity of goods is established to the

satisfaction of the Specified Officer;

(b) used packing materials except metal containers;

(c) computer and computer peripherals, including printer, plotter, scanner, monitor, key board and storage units (whether imported

or procured from Domestic Tariff Area) donated with the approval of the Specified Officer to the recognized non-commercial educational institutions or registered charitable hospitals or public libraries or public funded research and development establishments or organizations of Government of India or Government of a State or Union Territory, after two years of admission of goods and use by a Unit.

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GST India Solution is an effort of firm of professionals who welcome implementation of GST. This is an interactiveplatformthat aspires to disseminate right knowledge to professionals, practitioners and public at large. This platform has beenfloatedbya firm of Chartered Accountants relentlessly working in field of direct and indirect taxes since early 1985.

Goods & Service Tax

Our core competence is statutory compliance, advisory, corporate tax planning and appellate matters of direct and indirect taxesandcorporate training sessions on GST.

The senior partner of the firm has to his credit several professional publications viz., Delhi Sales Tax Right to Use Goods Act, Delhi VAT, Maharashtra VAT, West Bengal VAT, Haryana VAT published by Taxmann. Madhya Pradesh VAT and Chhattisgarh VAT were published by Suvidha Law House, Bhopal. He has also addressed seminars on indirect taxes organized by professional bodies like ICAI, IMA, NIFM etc. and has also contributed articles on subjects of pro. . . . .