CBDT notifies SEEPZ Special Economic Zone Authority by Clause (46) of Sec 10



Quick Summary
The Central Board of Direct Taxes has officially notified the SEEPZ Special Economic Zone Authority under Clause (46) of Section 10 of the Income Tax Act, 1961. This notification pertains to specific income streams of the authority, including lease rentals, service charges, gate pass fees, fines, penalties, and interest on deposits. The notification is effective retrospectively from the financial years 2020-2021 and 2021-2022, and will apply for the subsequent three financial years.

MINISTRY OF FINANCE
(Department of Revenue)
(CENTRAL BOARD OF DIRECT TAXES)
NOTIFICATION
New Delhi, the 20th April, 2022

S.O. 1882(E).- In exercise of the powers conferred by clause (46) of section 10 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies for the purposes of the said clause, 'SEEPZ Special Economic Zone Authority' (PAN AAALS4995G), an Authority constituted under the Special Economic Zone Act, 2005 by the Government of India, in respect of the following specified income arising to that Authority, namely:-

(a) Lease rentals/Service charges from various units operating in the SEZ;
(b) Income by way of Gate Pass Entry Fees, Fine & Penalties from various units and other misc. income (Fire cess income, sale of garbage, contribution for crèch facilities); and
(c) Interest on Bank Deposits and Investments.

SEEPZ Authority Notified Under Income Tax Act Section 10(46)

2. This notification shall be effective subject to the conditions that SEEPZ Special Economic Zone Authority:-

(a) shall not engage in any commercial activity;
(b) activities and the nature of the specified income shall remain unchanged throughout the financial years; and
(c) shall file return of income in accordance with the provision of clause (g) of sub-section (4C) of section 139 of the Income-tax Act, 1961.

3. This notification shall be deemed to have been applied for the financial years 2020-2021 and 2021- 2022 and shall be applicable with respect to the financial years 2022-2023, 2023-2024 and 2024-2025.

[Notification No. 36/2022/F. No. 300196/12/2022-ITA-I]
SOURABH JAIN, Under Secy.

Explanatory Memorandum
It is certified that no person is being adversely affected by giving retrospective effect to this notification.

FAQ :

The CBDT has notified the SEEPZ Special Economic Zone Authority under Clause (46) of Section 10 of the Income Tax Act, 1961, which relates to certain specified incomes of authorities.

The notification covers lease rentals/service charges from SEZ units, income from gate pass entry fees, fines, penalties, miscellaneous income, and interest on bank deposits and investments.

The authority must not engage in any commercial activity, its activities and income nature must remain unchanged, and it must file income tax returns as per the Act.

The notification is deemed to have been applied for the financial years 2020-2021 and 2021-2022, and is applicable for the financial years 2022-2023, 2023-2024, and 2024-2025.

Yes, the notification is deemed to have been applied for the financial years 2020-2021 and 2021-2022.




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