Enabling establishment of non SEZ IT/ITeS businesses in SEZ

 Key amendments to Special Economic Zone Rules, 2006 : Enabling establishment of non SEZ IT/ITeS businesses in SEZ

The Ministry of Commerce and Industry has inserted a new Rule 11B in the SEZ Rules, 2006 - ‘Non-processing areas for IT/ITeS SEZ’ allowing co-existence of SEZ units and non-SEZ IT/ITeS business in the same SEZ premises. This amendment will enable SEZ developers to optimally utilize the vacant space in existing SEZs.

Some of the key features of the amendment are as under:

• Allowing non SEZ IT/ITeS businesses to operate in the non-processing built up area of the SEZ, subject to obtaining consent from the Board of Approval (BOA)
• Repayment of proportionate tax benefits availed by the developers on the demarcated non-processing area
• Minimum built up processing area to be maintained by the developers depending on category of cities
• Control measures in relation to operations of SEZ units and non SEZ IT/ITeS businesses to be put in place
• Repayment of tax benefits already availed on common infrastructure that would be accessed by SEZ units and non SEZ IT/ITeS businesses
• No tax benefits would be available on continuing basis on the operations and maintenance cost in relation to the common infrastructure