Judgment Search Results Home > Cases Phrase: special economic zones act 2005 section 16 cancellation of letter of approval to entrepreneur Page 1 of about 52 results (0.148 seconds)

Nokia India Sales Private Limited rep. by its Authorized Signatory Vs. ...

Court : Chennai

..... section 12(1) of the tamil nadu special economic zones act, 2005, does not exempt the activities, but exempts the developer or entrepreneur ..... the above conclusion is also fortified by the fact that the very letter of approval to the appellant herein was granted on 7.3.2011, not by any state authority, but by the office of the development commissioner, mepz special economic zone, the department of commerce of the ministry of commerce and industry, government ..... long as authorised operations, as permitted by the development commissioner in his letter of approval, are carried on, a special economic zone is to be treated only as foreign territory located within the territory ..... (v) of the letter of approval authorised the appellant to supply and sell goods or services in the domestic tariff area, the learned judge erred in holding that the inter-state stock transfer by the appellant would not come within the purview of the term "authorised operations"; (b) that the provisions of section 12(1) of the tnsez act, 2005 are absolute in its mandate, in view of the overriding effect conferred under section 28 ; (c) that the provisions of tnsez act have to be understood and interpreted ..... if you fail to comply with the conditions stipulated above, this letter of approval shall be cancelled as per the provisions of the sez act, 2005 and the rules and orders made thereunder. 30. ..... unit carries on any unauthorised operation, the very letter of approval is liable for cancellation in terms of condition no. .....

Parke-davis Employees Union, Rep. by Its General Secretary, K. Bucha R ...

Court : Andhra Pradesh

Reported in : 2009(2)ALT290

..... grant of letter of approval under sub-section (10) of section 3, submit the exact particulars of the identified area referred to in sub-sections (2) to (4) of that section, to the central government and thereupon that government may, after satisfying that the requirements, under sub-section (8) of sect on 3 and other requirements, as may be prescribed, are fulfilled, notify the specifically identified area in the state as a special economic zone:provided that an existing special economic zone shall be deemed to have been notified and established in accordance with the provisions of this act and ..... of india has been approached by the 4th respondent and the fact that the government of india had considered the entire proposals and studied the same before according necessary permission under sub-section (1) of section 4 of special economic zone act, 2005, de facto recognizes that the land is being put to industrial use but not for commercial use as is apprehended by the petitioners.12. ..... the overall contribution of the industrial climate reflects upon the economic well-being of the citizens of the state and, therefore, at concessional rates, the state allows its infrastructure to be alienated in favour of private industrial concerns, unless this facility is made available, the industrial entrepreneurs will not be willingly coming forward to establish major industries as they will not be risking to undergo the hassles of acquisition of a compact block of land and tackle the same for .....

Ms.Advait Steel Rolling Mills Vs. Union of India and ors.

Court : Chennai

..... it has been further stated that in instruction no.6/2006, dated 3.8.2006, issued by the ministry of commerce and industry, it had been clarified that, by virtue of section 51 of the special economic zones act, 2005, read with the provisions of the special economic zones rules, 2006, the provisions of the special economic zones act, 2005, would have overriding effect over the provisions contained in any other act. ..... section 30 of the present special economic zones act, 2005, which is equivalent to the erstwhile section 76f of the customs act, 1962, specifically omits the levy of duties of customs, being export duties, on goods received in the special economic zones, from any manufacturer situated in india, outside the special economic zone. ..... as such, subject to the provisons of sub-section 2 of section 26, every developer and an entrepreneur shall be entitled to the exemptions, draw backs and concessions, as contemplated in section 26(1) of the act and the procedures established for the procurements made from the domestic tariff areas, has been prescribed in rule 30 of the special economic zones rules, 2006. ..... as per section 2(g), `developer means the person who, or a state government which, has been granted by the central government a letter of approval, under sub-section (10) of section 3 and includes an authority and a co-developer. ..... likewise, section 26 of the act deals with exemptions, draw backs and concessions granted in favour of every developer and entrepreneur. .....

Ms India Exports Vs. State of U.P. and ors.

Court : Allahabad

..... the petitioner is an industrial unit established in the noida special economic zone (in short sez), manufacturing furniture, which is cleared for sale to domestic tariff area units (in short dta units) under section 2 (i) of the special economic zone act and which means whole of india under the special economic zone act, 2005 (sez act of 2005) but does not include areas of the special economic zones. ..... exports. the objectives of special economic zones include making available goods and services free of taxes and duties supported by integrated infrastructure for export production, expeditious and single window approval mechanism and a package of incentives to attract foreign and domestic investments for promoting export-led growth. ..... ). (vi) section 50 of sez act provides exemption from state taxes to the developer or ..... the circular letters dated 17.7.2007 and 9.8.2007 issued by the commissioner, commercial tax it was clarified that the exemption was applicable only from 5.5.2006 to 16.1.2007. .....

Association for Protection of Democratic Rights Vs. State of West Beng ...

Court : Kolkata

Reported in : 2007(4)CHN842

..... to a letter dated 12th september, 2006 written by the chief executive officer, haldia development authority (hda) to the director of industries, government of west bengal on the subject of 'a revised proposal for approval of the special economic zone at haldia' ..... learned counsel on the basis of the list of mouzas covered for special economic zone submitted along with the aforesaid letter, points out that a total of 38,873.37 crores of land was said to be ..... of hearing, we have had an occasion to hear different points of views with regard to the area which was initially earmarked for the development of special economic zone; the exact extent and effect of the notification dated 12th september, 2006 read with notification dated 19th march, 2007 and then again on 29th march ..... september, 2006 sent a revised site plan to the director of industries along with the list of mouzas and other proposals in the proposed special economic zone (sez) for perusal and necessary action.7. ..... it has been accepted by counsel for all the parties including the additional solicitor general that while section 6 of the delhi special police establishment act, 1946 ('act' for short) would require the consent of the state government before jurisdiction under section 5 of that act is exercised by officers of that establishment, when a direction is given by the court in an appropriate case, consent envisaged under section 6 of the act would not be a condition precedent to compliance with the court's direction. ..... (2005) .....

Dharmala Venkata Reddy and ors. Vs. Government of A.P. and ors.

Court : Andhra Pradesh

Reported in : 2008(3)ALD161

..... , discloses that in order to establish a special economic zone to integrate the same with gangavaram port, the state government proposed to acquire ac.200-00 of land adjacent to the proposed port. ..... , hyderabad vide letter dated 22.1.2005 for approval and that the special chief secretary and ccla has also recommended vide his letter dated 26.7.2005 to the secretary to the government, industries and commerce (inf) department for withdrawal of the lands from acquisition and that orders in this regard are awaited from the government. ..... 1 to approve the proposals to withdraw the notification issued under section 48(1) of the act. ..... 2 and 3 that proposals for withdrawing the notification under section 48(1) of the act were submitted to the government through the chief commissioner of land administration, a.p. ..... thereafter, notification under section 4(1) of the land acquisition act, 1894 (for short, 'the act') was issued in the year 2002 (date of the notification is not available on record). ..... under section 11a of the act, it is obligatory on the part of the collector to make an award within a period of two years from the date of publication of the declaration and if no award is made within that period, the entire proceedings for the acquisition of the ..... it further shows that as per the provisions of the act, an award ought to have been passed before 9.1.2005 and a sum of rs. ..... they are expected to act with the sensitivity that is required to avoid undue hardship to the citizens. .....

Essar Steel Ltd. Vs. Union of India (Uoi)

Court : Gujarat

Reported in : [2010]24STT121

..... term 'entrepreneur' is defined under section 2(j) to mean a person who has been granted a letter of approval by the development commissioner under sub-section (9) of section 15, the term 'existing special economic zone' is defined under section 2(k) to mean every special economic zone which is in existence on or before the commencement of the act of 2005. ..... export duty can be levied under the provisions of the special economic zones act, 2005?36.1 the department has demanded export duty on the subject goods by invoking the provisions of section 12 of the customs act, 1962 read with section 2 and second schedule-export tariff (heading no. ..... term 'unit' is defined under section 2(zc) to mean a unit set up by an entrepreneur in a special economic zone and includes an existing unit, an offshore banking unit and a unit in an international financial services center, whether established before or established after the commencement of the act. ..... wholly unjustified.36.12 as stated above, chapter x-a in the customs act, 1962 containing sections 76a to 76n being special provision relating to special economic zone including the charging provision (section 76f) providing for levy of export duty on goods supplied from the domestic tariff area to the special economic zone has been omitted by the finance act, 2007 with effect from 11-5-2007 arid no corresponding provision akin to section 76f has been enacted in the sez act, 2005 which categorically rules out reading in a purported intendment to levy .....

Cepz Workers Union Vs. Union of India (Uoi) and anr.

Court : Kerala

Reported in : 2006(1)KLJ39

..... in exercise of the powers conferred under section 55 of the special economic zones act, 2005 the central government has made the special economic zones rules 2006. ..... (2) the identity card shall be valid upto a period of five years and shall be issued, in the format given in form k, to the entrepreneurs and regular employees of the units.provided that when any employee who has been issued an identity card ceases to be in employment of the unit or developer, the said identity card shall be surrendered forthwith and shall be ..... another contention of the petitioner is that under clause 10 even a suspended employee's photo identity card can be cancelled by the security officer, as a result of which, the concerned workman would be even prevented from attending the disciplinary enquiry against him ..... further i find that in clause 13 when the security officer proposes to cancel the pass permanently, he is to issue a show cause notice to the person effected within three days from the date of withdrawal of the pass and the security officer is to hear that person, consider the evidence ..... would also submit that the security officer has even been given the power to cancel passes, which is also likely to be misused by the security officer. ..... would submit that uncanalized powers have been vested with the security officer to suspend or cancel security passes issued to the workers in the area and the clauses under 11 would militate against the basic rights of a workman under the industrial disputes act. .....

Ahmed Ehtesham Kawkab S/O Mr. Ahmed Aziz Vs. the Government of India, ...

Court : Andhra Pradesh

Reported in : 2009(6)ALT1

..... further, section 11(1) of the special economic zones act, 2005 stipulates that, in order to be eligible to be appointed to the post of development commissioner of a sez, the officer of the central government ..... that the post of chief executive officer of stpi was a public post and he was, therefore, an officer, that stpi, (a single window for regulating, finalizing and guiding entrepreneurs, both with regards exports and imports), was an extended arm of the central government, that the directors of stpi fell within the ambit of the words 'its officers' as used ..... central government and that it should be given a wide import as conferring on the central government the power to choose 'its officers', that section 8 of the sez act specified various personnel drawn from specific departments who constituted the board of approval, that section 11 consciously used a wider expression 'its officers' without mentioning the department, that the contrast between the two statutory provisions indicated that parliament had ..... powers conferred by sections 9(2) and (4) the director general authorized certain officers, including development commissioners of a foreign trade zone or an export processing zone, to grant, renew, suspend or cancel licences for the ..... letter addressed on 23.08.2007 by the director, department of commerce to the additional secretary, department of it, seeking his clarification as to whether stpi directors fulfilled the conditions specified in section 11 (1) of the sez act, 2005 .....

Dhabji Meghji Maheshwari and 55 ors. Vs. Hindustan Lever Limited and 3 ...

Court : Gujarat

Reported in : (2008)1GLR124

..... the development commissioner as per the power delegation scheme under the gujarat state special economic zone act, 2004.this issues with the approval of the development commissioner, kandla special economic zone.order dated 31/03/2006 passed by deputy development commissioner, kandla special economic zone page 27.in continuation to this office order of even number dated 25/10/2005 the development commissioner, kandla special economic zone (kasez), gandhidham hereby authorizes the asstt. ..... under issued by deputy development commissioner at page 24, 25, 27 and 28 to the petition:order dated 15/18-10-2004 15/18-10-2004 passed by deputy development commissioner, kandla special economic zone page 24.section 17 of the gujarat special economic zone act, 2004 confers the development commissioner with powers, duties and functions of labour commissioner in respect of the statutes mentioned in schedule i to the said act.therefore, in terms of letter no.l.c.1.c. o.d.a. ..... entrepreneurs for setting up of units in the special economic zone;(b) ensure and take suitable steps for effective promotion of exports from the special economic zone;(c) ensure proper co-ordination with the central government or state government departments concerned or agencies with respect to, or for the purposes, of clauses (a) and (b);(d) monitor the performance of the developer and the units in a special economic zone;(e) discharge such other functions as may be assigned to him by the central government under this act .....