Special Economic Zones Rules, 2006

Chapter 4
Terms and conditions subject to which entrepreneur and developer shall be entitled to exemptions, drawbacks and concessions

25. Where an entrepreneur or Developer does not utilize the goods or services - on which exemptions, drawbacks, cess and concessions have been availed for the authorized operations or unable to duly account for the same, the entrepreneur or the Developer, as the case may be, shall refund an amount equal to the benefits of exemptions,  drawback,  cess  and  concessions  availed without  prejudice  to any other action under the relevant provisions of the Customs Act, 1962, the Customs Tariff Act, 1975, the Central Excise Act, 1944, the Central Excise Tariff Act, 1985, ¹[the Central Goods and Services Tax Act, 2017 (12 of 2017), Integrated Goods and Services Tax Act, 2017 (13 of 2017), State Goods and Services Tax Acts, Union Territory Goods and Services Tax Act, 2017 (14 of 2017) and the Foreign Trade (Development and Regulation) Act, 1992 (22 of 1992)"]  ^Old[the Central Sales Tax Act, 1956, the Foreign Trade (Development and Regulation) Act, 1992 and the Finance Act, 1994 (in respect of service tax)] and the enactments specified in the First Schedule to the Act, as the case may be:

Provided  that if  there is a  failure to  achieve positive net foreign exchange earning,  by  a  Unit, ²[or stipulated Value addition, such entrepreneur shall also be liable] ^Old [such  entrepreneur  shall be  liable] for penal action  under the provisions of Foreign Trade (Development and Regulation) Act, 1992 and the rules made there under.

1. Subsituted vide : Notification dated 19/09/2018
2. Subsituted vide : Notification dated 19/09/2018