Indirect taxes

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Muqtar (Querist)
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27 September 2013 Can anyone explain the following terms in easy understandable way:

Continental Shelf,

Exclusive Economic Zone,

Special Economic Zone,

100% EOU,

12 nautical mile, 150 nautical mile, 200 nautical mile.

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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30 September 2013 continental shelf - the UNCLOS (Article 76) defines the continental shelf of a coastal state as comprising the seabed and subsoil of the submarine areas that extend beyond its territorial sea throughout the natural prolongation of its land territory to the outer edge of the continental margin, or to a distance of 200 nautical miles from the baselines from which the breadth of the territorial sea is measured where the outer edge of the continental margin does not extend up to that distance; the continental margin comprises the submerged prolongation of the landmass of the coastal state, and consists of the seabed and subsoil of the shelf, the slope and the rise; wherever the continental margin extends beyond 200 nautical miles from the baseline, coastal states may extend their claim to a distance not to exceed 350 nautical miles from the baseline or 100 nautical miles from the 2500 meter isobath; it does not include the deep ocean floor with its oceanic ridges or the subsoil thereof

MORE INFO:

http://en.wikipedia.org/wiki/Continental_shelf

exclusive economic zone (EEZ) is a seazone prescribed by the United Nations Convention on the Law of the Sea over which a state has special rights over the exploration and use of marine resources, including energy production from water and wind.[1] It stretches from the baseline out to 200 nautical miles from its coast. In colloquial usage, the term may include the territorial sea and even the continental shelf beyond the 200-mile limit.

100%EOU UNIT
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The needs for higher level of technological and industrial progress made the Government devise a series of export promotional schemes. EOU & SEZ Schemes are one among them, which provides an internationally competitive duty free environment coupled with better infrastructural facilities for export production.

An EOU can be set up by any entrepreneur for manufacturing of goods and also for rendering services. An EOU can be set up for repair, reconditioning, re-making and re-engineering also.

Trading activity is not allowed in the EOU Scheme.

EOU unit is required to achieve only positive Net Foreign Exchange (NFE) over a period of 5 years.

Policy for EOU is given in Chapter-6 Foreign Trade Policy and Chapter 6 of Handbook of Procedure (Vol. – I)

EOU can also be set up in the following sectors: -

Agriculture
Animal Husbandry
Aquaculture
Floriculture
Horticulture
Pisciculture
Viticulture
Poultry or
Sericultur

All applications are to be filed with the concerned Development Commissioner of Special Economic Zone (For jurisdiction of Development Commissioner) Appendix 14-I- K

The unit/ promoter has to apply in the application form, to be given in triplicate given in Handbook of Procedures in Appendix 14-1A (Please click here)

Project Report including a write up on the background of the promoters establishing their credentials and standing.

Please see Appendix 14-1B (Please click here) for documents required by the Development Commissioner for approval.

For sector specific conditions Please see Appendix 14-1C (Please click here)

DD for Rs. 5,000/- drawn in favour of The Pay & Accounts Officer, Ministry of Commerce and Industry, Department of Commerce, payable at the Central Bank of India, Udyog Bhavan, New Delhi.

Registration –cum-Membership Certificate (RCMC) should be obtained from the office of the concerned Development Commissioner.

Import Export Code: If the unit does not have an Import Export code (IEC), it will apply in the prescribed form (Appendix 18-B) to the Zone Administration for the same.

APPROVAL PROCEDURES
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Letter of Permission (LOP)

After submitting the application form and if every thing is in order, Letter of Permission (LOP) is issued by the Zone Administration within 2 weeks after interview of the promoter by the Approval Committee. For format of LOP please see Appendix 14-IE (Please click here)

Legal undertaking (LUT)

A legal undertaking in the prescribed form undertaking to abide by the terms and conditions of the LOP has to be executed by the unit in format given at Appendix 14-1F

A Green Card will be issued to the unit by the Zone Administration on request.

Approval from State Government Agencies:

AFTER APPROVAL

After the approval from the Development Commissioner concerned, the manufacturing and other activities have to be undertaken under customs bond for which formal application is to be made to the jurisdictional Assistant Commissioner/ Deputy Commissioner of the Customs/ Central Excise for issuance of a Private Custom Bonded Warehouse Licence under section 58 and 65 of the Customs Act, 1962. The application shall be accompanied by the following documents/information: -

Copy of notification whereunder the place (proposed location of unit) has been declared as warehousing station under section 9 of the Customs Act. In case the approved place is not a notified warehousing station, a separate application for issuance of such notification is to be submitted to the Commissioner of Customs through the jurisdictional Assistant Commissioner/ Deputy Commissioner.

Copy of LOI/LOP issued by Development Commissioner concerned and LUT accepted by the Development Commissioner.

Details of the premises including ground plan, purchase/rent/lease deed, allotment letter from Industrial Development Corporation/ Authority (if any)

Details about the constitution of the firm/company including its Proprietor/Partners/Directors etc.

Project Report indicating stage wise manufacturing process.

List of raw material, consumables and capital goods etc. required.

Undertaking that cost recovery and other charges shall be paid.

After verification of the premises and relevant documents, the requisite licence under section 58 and 65 of the Customs Act will be issued by the Assistant Commissioner/ Deputy Commissioner Customs/ Central Excise on priority basis.

B-17 Bond:

B-17 bond is a multi – purpose surety bond which the unit has to execute with the Jurisdictional Assistant/ Deputy Commissioner Customs/ Central Excise on a non-judicial stamp paper of Rs. 300/-. Format of the Bond is prescribed under Notification No. 6/98 CE (N.T) dt. 2-3-98.

B-17 Bond is a surety bond and in case valid surety cannot be arranged security @5% of the bond amount has to be furnished. The bond amount shall be equal to 25% of the duty foregone on the capital goods required in the next 5 years plus duty foregone on the value of raw material for a period of 3 months.

B-17- Bond covers the following activities:-

Duty free import/ procurement of goods as per relevant notification and warehousing/storage in the unit and their utilization.

Transhipment of import/ export of goods duty free between port of import/ export and units premises.

Movement of duty free goods for job work and return.

Temporary clearance for repair and display in exhibitions, testing/ approval etc.

However it dose not cover differential duty amount against advance DTA sale for which a separate bond is to be executed.

The unit has also to take a Central Excise Manufacture Code No. from the Superintendent, Central Excise to enable them to sell in the domestic market.

The Development Commissioner is empowered to grant approvals on the following matters: -

Import of additional capital goods
Enhancement of production capacity
Broad-banding/diversification
Change in name/ constitutions
Change of location/expansion
Extension of validity of LOP/LOI/LOA:
Import of Office equipment:
Merger of two or more EOU/SEZ Units
Import of spares and accessories of DG sets
Eligibility certificates for grant of employment visa to low level foreign technicians to be engaged by EOUs as per Ministry of Home Affairs Letter No. 250227/7/99-F-1 dated 20-9-1999 (Annexure-XI).
Sale of goods in DTA.
De-bonding/ Exit from EOU scheme.

Approval from State Government Agencies:

The unit has to secure approval for its wiring and electrical plan from the Electrical authorities.

It has also to secure power allocation and wiring approval from the State Electricity Board.

The industrial water supply is undertaken by the

The unit has to take a registration under the State Government Sales Tax Act and Central Sales Tax Act.

In case the unit already has a registration with the State Sale Tax Department the address of the additional premises should also be endorsed in the registration certificate.

The unit has also to take Small Scale Industry (SSI) Registration from the District Industries Center to apply for State Government’s Investment Subsidy.

In case there are effluents or emissions the unit has to secure approval form the Pollution Control Board.

Every Zone has a statutory Single Window Clearance Board.

MORE INFO:-
http://www.csez.com/eou/html/h0400how.htm

Nautical mile
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The nautical mile (symbol M, NM or nmi) is a unit of length that is about one minute of arc of latitude measured along any meridian, or about one minute of arc of longitude at the equator (both at sea level). By international agreement it has been set at 1,852 metres exactly (about 6,076 feet).

It is a non-SI unit (although accepted for use in the International System of Units by the BIPM) used especially by navigators in the shipping and aviation industries,and also in polar exploration. It is commonly used in international law and treaties, especially regarding the limits of territorial waters. It developed from the sea mile and the related geographical mile.

The nautical mile remains in use by sea and air navigators worldwide because of its convenience when working with charts. Most nautical charts use the Mercator projection whose scale varies by about a factor of six from the equator to 80° latitude, so charts covering large areas cannot use a single linear scale. The nautical mile is nearly equal to a minute of latitude on a chart, so a distance measured with a chart divider can be roughly converted to nautical miles using the chart's latitude scale.

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