Minutes of the 82th meeting of the. Board of Approval for SEZ held on 04 April 2018 to consider setting up of Special Economic Zones and other miscellaneous proposals - SEZ - Minutes of the 82th meeting of the SEZ

Minutes of the 82 nd meeting of the Board of Approval for SEZ held on 4 th April, 2018 The Eighty Second (82 nd ) meeting of the Board of Approval (BoA) for Special Economic Zones (SEZs) was held on 4 th April, 2018 under the Chairpersonship of Ms. Rita Teaotia, Secretary, Department of Commerce, at 11.30 A.M. in Room No. 47, Udyog Bhawan, New Delhi. The list of participants is Annexed (Annexure-I). Item No. 82.1: Requests for extension of validity of formal approvals (2 proposals) BoA in its meeting held on 14 th September, 2012, examining similar eases observed as under: The Board advised the Development Commissioners to recommend the requests for extension of formal approval beyond 5 th year and onwards only after satisfying that the developer has taken sufficient steps towards operationalisation of the project and further extension is based on justifiable reasons. Board also observed that extensions may not be granted as matter of routine unless some progress has been made on ground by the developers. The Board, therefore, after deliberations, extended the validity of the formal approval to the requests for extensions beyond fifth years for a period of one year and those beyond sixth year for a period of 6 months from the date of expiry of last extension. (i) Request oi M/s. Indus Gene Expressions Ltd.-SEZ for further extension of the validity period of formal approval, granted for setting up of sector specific Bio-tech at Kodur village, Anantapur District, Andhra Pradesh for a period of one year beyond 13 th February 2018. The Board, after deliberations, approved extension of the validity of the formal approval up to 13 th February, 2019. (ii) Request of M/s Frontier Lifeline Private Limited for further extension of the validity period of formal approval, granted for setting up of Bio-Technology SEZ at EDUR, Gummidipoondi, Tamil Nadu for a period of one year beyond 27.11.2017. DC, MEPZ SEZ informed the Board that the Government of Tamil Nadu and the developer had reached an agreement to jointly develop a medical city (Mediville Project) including the above SEZ and that Government of Tamil Nadu was encouraging the project through the Government entities and was considering to approve ₹ 50 Cr. initially as OTS to the Banks to retire the loans taken by the developer from Banks. Minutes of meeting held on 14.3.2018 by the Additional Chief Secretary, Finance Department, Government of Tamil Nadu for this purpose were taken on record. The Board took note of the State Government's involvement and after deliberations approved extension of the validity of the formal approval up to 27 th November, 2018 to allow the State Government to implement the project. Item No. 82.2: Requests for extension of validity of in-principle approval (one proposal) (i) Proposal of M/s. Worldwide Oilfield Machine Pvt. Ltd. for extension of the validity of in-principle approval for setting up of a sector specific SEZ for Engineering at Village Kasurdi, Taluka Bhor, District Pune, Maharashtra, beyond 19.02.2018. The Board, after deliberations, approved extension of the validity of the in-principle approval up to 19th February, 2018. Item No. 82.3: Requests for extension of LoP beyond 3rd Year onward (8 proposals) (i) Request of M/s. Dr. Reddy's Laboratories Limited, FTO SEZ process Unit-II in DRL- SEZ for extension of Letter of Permission (LoP) beyond 25.02.2018 for fourth extension up to 25.02.2019. The Board, after deliberations, approved extension of the validity of the LoP up to 25th February, 2019. (ii) Request of M/s. Frontier Lifeline (P) Ltd in Mediville -Biotechnology-SEZ, Edoor Village, Gummidipoondi Taluk, Tiruvallur District, Tamil Nadu for extension of Letter of Permission (LOP) beyond 27.11.2013 for 4 years upto 31-12-2018. The Board, took note that DC MEPZ had inspected the site and had observed that building is complete, equipment of the unit was in position and operations have commenced and therefore condoned the delay and approved extension of the validity of the LoP up to 31st December, 2018. (iii) Request of M/s Tata Power Company Limited in the KIADB Aerospace SEZ for extension of Letter of Approval (LOA) beyond 06-03-2018 for a period upto 06-04-2019. The Board, after deliberations, approved extension of the validity of the LOP up 6th April, 2019. (iv) Request of M/s BEML Limited in the KIADB Aerospace SEZ for extension of Letter of Approval (LOA) beyond 05-01-2018 for a period upto 05-01-2019. The Board, after deliberations, approved extension of the validity of the LoP up 5th January, 2019. (v) Request of M/s. Shantha Biotechnics Pvt. Ltd (u-2) in the M/s. Shantha Biotechnics Pvt. Ltd SEZ for extension of Letter of Permission (LOP) beyond 3rd Year upto 16.4.2019. The Board, after deliberations, approved extension of the validity of the LoP up 16th April, 2019. (vi) Request of M/s. Zydus Technologies Ltd., in the Zydus Pharmaceutical - SEZ, Matoda, Ahmedabad, Gujarat for extension in validity of Letter of Approval (LOA) beyond 28-06-2018 for further period of one year upto 28-06-2019. The Board, after deliberations, approved extension of the validity of the LoP up to 28th June, 2019. (vii) Request of M/s. Wockhardt Ltd., unit 3 in the sector specific SEZ for Pharmaceuticals being developed by M/s. Wockhardt Infrastructure Development Limited at Shendre, Aurangabad, Maharashtra for extension of Letter of Permission (LOP) for a period of one year beyond 24th October, 2017. The Board, after deliberations, approved extension of the validity of the LoP up to 24th October, 2018. (viii) Request of M/s. Tech Mahindra Ltd. in MIDC SEZ at Plot No. 4, Rajiv Gandhi Infotech Park, MIDC SEZ, Hinjewadi, Phase III, Pune, Maharashtra for extension of Letter of Permission (LOP) beyond 21.10.2017 upto 20.10.2018 DC SEEPZ SEZ informed that MIDC has come to an understanding and furnished letter to this effect to settle boundary issues with the unit within 6 months and had also allowed the work for boundary wall to commence. The Board, after deliberations, approved extension of the validity of the LoP up to 20th October, 2018. Item No. 82.4 Requests for co-developer (6 proposals) (i) Request of M/s. Mageo Instant Services Pvt. Ltd. for Co-developer status in M/s. Span Ventures Pvt. Ltd. IT/ITES SEZ, Eaehanari, Coimbatore The Board, after deliberations, approved the proposal of Ms. Mageo Instant Services Ltd. to build, operate and maintain specific top class infrastructure and services needed in IT/ITES SEZ in accordance with the co-developer agreement entered into with the developer, subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period does not exceed 30 years (Renewable). (ii) Request of M/s. Midas Projects Pvt. Ltd for co-developer status in M/s. Divyasree NSL Infrastructure Pvt. Ltd SEZ for providing infrastructure facilities and other operations. The Board. after deliberations, deferred the proposal and directed DC, VSEZ to look into the concerns raised by the CBDT and furnish a revised recommendation. (iii) Request of M/s. Mariapps Marine Solutions India Private Limited, Mumbai for co-developer status in the Smart City (Kochi) Infrastructure Private Limited SEZ for authorized operation of IT/ITeS Infrastructure Development, Operation and Maintenance of Building. The Board, after deliberations, approved the proposal of M/s. Mariapps Marine Solutions India Private Limited for co-developer status for development of IT/ITeS Infrastructure and its operation and maintenance in the M/s Smart City (Kochi) Infrastructure Private Limited SEZ in accordance with the co-developer agreement entered into with the developer, subject to standard terms and conditions as per SEZ Act and Rules, provided that the lease period does not exceed 30 years (Renewable). (iv) Request of M/s. WTC Trades Projects Pvt. Limited, Bangalore for co-developer status in the Infopark SEZ at Ernakulam District, Kerala. The Board, after deliberations, approved the proposal of M/s. WTC Trades Projects Pvt. Limited for Operation and maintenance of Buildings and other infrastructure/facilities to be undertaken in the IT building developed by M/s Brigade Enterprises Limited, the co-developer of the SEZ. The proposed activities to be undertaken by M/s. WTC Trades Projects Pvt. Limited, Bangalore shall be in accordance with the co-developer agreement entered into with the developer, subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period does not exceed 30 years (Renewable). (v) Request of M/s. Access Health Care services Pvt. Ltd for co-developer status in M/s. Coimbatore Hitech Infrastructure Private Limited-SEZ, IT/ITES at Keeranatham village, Coimbatore (N), Coimbatore, Tamil Nadu. The Board, after deliberations, approved the proposal of M/s. Access Health Care services Pvt. Ltd. to construct IT/ITES facility and Electronic Hardware and software facility in accordance with the co-developer agreement entered into with the developer, subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period does not exceed 30 years (Renewable). (vi) Re-consideration of request of M/s. Synergy Infotech Pvt. Ltd. for Co-developer status in MIDC IT/ITES SEZ, Rajiv Gandhi Infotech Park, Phase-III, Hinjewadi, Pune for construction of buildings and related infrastructure for IT/ITES Units, Development of space of IT/ITES Unit and all default authorized operations for area admeasuring 5.2161 sq. mtrs. The Board, after deliberations, approved in-principle the proposal of M/s. Synergy Infotech Pvt. Ltd. for grant of Co-developer status for construction of buildings and related infrastructure for IT/ITES Units in accordance with the co-developer agreement entered into with the developer, subject to DC SEEPZ furnishing a status note on the financial position of the co-developer and placing it before the Board in its next meeting. Further, the approval is subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period does not exceed 30 years (Renewable). Item No. 82.5: Change of Shareholding Pattern Cases (12 proposals) (i) Request of M/s. EY Global Delivery Services India Private Ltd., a unit in DLF SEZ, Ramapuram, Chennai, for transfer of shares exceeding 50% to another entity and name change to M/s. EY Global Delivery Services India LLP. The Board approved the proposal subject to following conditions:- i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity; ii) Fulfilment of all eligibility criteria applicable to unit, including security clearances etc., by the altered unit entity and its constituents; iii) Applicability of and compliance with all Revenue / Company Affairs / SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc. iv) Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT, Department of Revenue and to the jurisdictional Authority. v) The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961 vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable. vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT. (ii) Request for prior approval transfer of shares exceeding 50% of M/s. Nalanda Shelter Pvt. Ltd. (Developer) to M/s. Xander Investment Management Pte. Ltd., Singapore (Investor) transfer of equity shareholding of the company. The Board approved the proposal subject to following conditions:- i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered developer entity; ii) Fulfilment of all eligibility criteria applicable to developer, including security clearances etc., by the altered developer entity and its constituents; iii) Applicability of and compliance with all Revenue / Company Affairs SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc. iv) Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT). CBDT, Department of Revenue and to the jurisdictional Authority. v) The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger. amalgamation. transfer and ownerships etc. as may be applicable and eligibility deduction under relevant sections of the Income Tax Act, 1961. vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable. vii) The developer shall furnish details of PAN and jurisdictional assessing officer of the developer to CBDT. (iii) Request of M/s. Sundaram Alloys Ltd. for approval of change of Directors shareholding pattern. The Board approved the proposal subject to following conditions:- i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity; ii) Fulfilment of all eligibility criteria applicable to unit, including security clearances etc., by the altered unit entity and its constituents; iii) Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc. iv) Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT, Department of Revenue and to the jurisdictional Authority. v) The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961. vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable. vii)The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT. (iv) Request of M/s. Shanlok International, a unit in Kandla SEZ for change from Proprietorship to partnership firm. The Board approved the proposal subject to following conditions:- i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity; ii) Fulfilment of all eligibility criteria applicable to unit, including security clearances etc., by the altered unit entity and its constituents; iii) Applicability of and compliance with all Revenue / Company Affairs SEBI etc. rules which regulate issues like capital gains, equity change, taxability etc. iv) Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT, Department of Revenue and to the jurisdictional Authority. v) The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961. vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable. vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT. (v) Request of M/s. eInfochips Limited (Unit A), a unit in M/s. Magarpatta City-SEZ at Pune for Change of 100% Shareholding Pattern with change of entrepreneur by way of change in controlling stake of the company. The Board approved the proposal subject to following conditions:- i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity; ii) Fulfilment of all eligibility criteria applicable to unit, including security clearances etc., by the altered unit entity and its constituents; iii) Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc. iv) Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT, Department of Revenue and to the jurisdictional Authority. v) The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961. vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable. vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT. (vi) Request of M/s. eInfochips Limited (Unit B), a unit M/s. Magarpatta City-SEZ at Pune for Change of 100% Shareholding Pattern with change of entrepreneur by way of change in controlling stake of the company. The Board approved the proposal subject to following conditions:- i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity; ii) Fulfilment of all eligibility criteria applicable to unit, including security clearances etc., by the altered unit entity and its constituents; iii) Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc. iv) Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT, Department of Revenue and to the jurisdictional Authority. v) The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961. vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable. vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT. (vii) Request of M/s. SmarTek Consultancy Services India Pvt. Ltd., a unit in M/s. Qubix Business Park Pvt. Ltd. - SEZ at Pune for Change of Entrepreneur of existing SEZ from M/s. Smartek Consultancy Services India Pvt. Ltd. to SmarTek21 Pvt. Ltd. The Board approved (he proposal subject to following conditions:- i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity: ii) Fulfilment of eligibility criteria applicable to unit including security clearances by the altered unit entity and its constituents; iii) Applicability of and compliance with all Revenue Company Affairs SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc. iv) Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT, Department of Revenue and to the jurisdictional Authority. v) The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961. vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable. vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT. (viii) Request of M/s. Western Outdoor Interactive Pvt. Ltd.-I, a unit in SEEPZ SEZ for change in implementing agency consequent upon amalgamation of M/s. Western Outdoor Interactive Pvt. Ltd., to M/s. Fairdeal Multimedia Pvt. Ltd., as approved by the Hon'ble National Company Law Tribunal, Mumbai Bench vide Order dated 22.09.2017. The Board approved the proposal subject to following conditions:- i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity; ii) Fulfilment of all eligibility criteria applicable to unit, including security clearances etc., by the altered unit entity and its constituents; iii) Applicability of and compliance with all Revenue / Company Affairs /SFBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc. iv) Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT, Department of Revenue and to the jurisdictional Authority. v) The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961. vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable. vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT. (ix) M/s. Western Outdoor Interactive Pvt. Ltd.-II, a unit in SEEPZ SEZ for change of implementing agency consequent upon amalgamation of M/s. Western Outdoor Interactive Pvt. Ltd., to M/s. Fairdeal Multimedia Pvt. Ltd., as approved by the Hon'ble National Company Law Tribunal, Mumbai Bench vide Order dated 22.09.2017. The Board approved the proposal subject to following conditions:- i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity; ii) Fulfilment of all eligibility criteria applicable to unit, including security clearances etc., by the altered unit entity and its constituents; iii) Applicability of and compliance with all Revenue / Company Affairs SEBI etc. rules which regulate issues like capital gains, equity change, taxability etc. iv) Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT, Department of Revenue and to the jurisdictional Authority. v) The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961. vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable. vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT (x) Request of M/s. Barclays Technology Centre India Pvt. Ltd., a unit in M/s. EON Kharadi Structure at MIDC, Knowledge Park-SEZ Pune for Change of more than 50% Shareholding Pattern. The Board approved the proposal subject to following conditions:- i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity; ii) Fulfilment of all eligibility criteria applicable to unit, including security clearances etc., by the altered unit entity and its constituents; iii) Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc. iv) Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT, Department of Revenue and to the jurisdictional Authority. v) The Assessing Officer shall have the right to assess the taxability of the gain/ loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961 vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable. vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT. (xi) Request of M/s. Barclays Technology Centre India Pvt. Ltd. a unit in M/s. Quadron Business Park Pvt. Ltd.-SEZ at Pune for Change of more than 50% Shareholding Pattern. The Board approved the proposal subject to following conditions:- i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity; ii) Fulfilment of all eligibility criteria applicable to unit, including security clearances etc., by the altered unit entity and its constituents; iii) Applicability' of and compliance with all Revenue / Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc. iv) Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT, Department of Revenue and to the jurisdictional Authority. v) The Assessing Officer shall have the right to assess the taxability of the gain loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax, 1961. vi) The applicant shall comply relevant State Government laws, including those relating to lease of land, as applicable. vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT. (xii) Request of M/s. CEB India Pvt. Ltd. a unit in DLF SEZ, Manapakkam, Chennai for transfer of shares exceeding 50% to another entity. The Board approved the proposal subject to following conditions:- i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity; ii) Fulfilment of all eligibility criteria applicable to unit, including security clearances etc., by the altered unit entity and its constituents; iii) Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc. iv) Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT, Department of Revenue and to the jurisdictional Authority. v) The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961. vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable. vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT. (xiii) Request of M/s. BASF India Limited, a unit in Kandla SEZ for approval of Business Transfer Agreement of their Kandla SEZ Operation. The Board approved the proposal subject to following conditions:- i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity; ii) Fulfilment of all eligibility criteria applicable to unit, including security clearances etc., by the altered unit entity and its constituents; iii) Applicability of and compliance with all Revenue / Company Affairs SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc. iv) Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT, Department of Revenue and to the jurisdictional Authority. v) The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation. transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961 vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable. vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT. Item No. 82.6: Cancellation of Formal Approval/co-developer (one proposal) The Board, after deliberations, approved cancellation of co-developer status granted to M/s. OPG Power Infrastructure Pvt. Ltd. in KASEZ. Item No. 82.7: Miscellaneous Cases (9 proposals) (i) Request of M/s. SEZ Biotech Services Pvt. Ltd for increase in area of 4.1925 hectares in the sector specific SEZ for Biotechnology at Manjari Budruk, Taluka Haveli, District Pune - Maharashtra, The Board, after deliberations, approved the proposal. (ii) Request of M/s ANSR Global Corporation Pvt. Ltd. (formerly known as Network Information Global Services India Pvt. Ltd.), Bangalore for Co-Developer status in Manyata Embassy Business Park SEZ, Bangalore for development of the SEZ area specifically to undertake the authorized operations of conversion of bare shell buildings into warm shell buildings in an additional area of 90,114 Sq. ft. and to lease the built-up space in the above IT/1TeS SEZ. After deliberations, the Board approved the proposal of M/s. ANSR Global Corporation Pvt. Ltd for additional built up area in accordance with the agreement between the Developer and co-developer dated 26.02.2018 subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period is reduced to a period not exceeding 30 years (Renewable). (iii) Request of M/s. Volupia Developers Pvt. Ltd. for co-developer in Multi Services SEZ at Ratanpur, District Gandhinagar, Gujarat, being developed by M/s. GIFT SEZ Ltd. for additional built up area of 419 sq. mtr (4510 sq.ft.) After deliberations, the Board approved the proposal of M/s. Volupia Developers Pvt. Ltd. for additional built up area of 419 sq. mtr. (4510 sq.ft.), in accordance with the Lease-cum-Development Agreement entered into with the developer subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period is reduced to a period not exceeding 30 years (Renewable). (iv) Proposal of M/s. SEZ Recycling, a recycling unit in Mahindra IT SEZ, Chennai for extension of LoP from 24.03.2018 to 23.03.2023. On the issue of grant of LoP to the unit on 07.04.2006 when SEZ Rules had been notified, DC MEPZ informed that the matter had been raised at the time of grant of extension of LoP to the unit beyond 24.03.2013 during the 57th meeting of the BoA held on 15.03.2013. It was informed that approval for extension of LoP of the unit beyond 23.03.2013 was approved by DoC. As per Minutes of the 57th BoA meeting, the matter had been deferred for seeking clarification on the issue from DC MEPZ. The matter again came up before the BoA in its 61st meeting held on 3rd April, 2014 when the Board was informed that the unit was issued LoA on 07.04.2006. The LoA was issued by the DC as during that period the SEZ Act was not promulgated and the UAC was not in place. The Board had therefore approved extension of LoP of the unit upto 3rd April, 2016. Subsequently. the BoA approved extension upto 23.3.2018 in its 71st meeting held on 22.6.2016. In view of the above position, the Board approved extension of LoP of M/s. SEZ Recycling upto 23.03.2023 (v) Proposal of M/s Trishyiraya Recycling (India) Pvt. Ltd. a unit in MEPZ for renewal of LoA from 01.01.2018 to 31.12.2022. The Board after deliberations, approved extension of LoA up to 31.12.2022. (vi) M/s. Grand Canyon SEZ Pvt. Ltd., Co-developer of IT/ITES SEZ of M/s. ASF Insignia SEZ Pvt. Ltd.at Village Gwal Pahari, Gurgaon (Haryana) - Proposal for increase of area from 3.739 acre to 3.741 acre and addendum of Co-developer agreement dt. 03.02.2016. The Board, was informed by DC, NSEZ that the revenue records pertaining to the additional area had been verified. The Joint Director (Industries), Government of Haryana also confirmed that the additional area had been verified from the revenue records. The Board after deliberations approved the proposal subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period is reduced to a period not exceeding 30 years (Renewable). (vii) M/s. Kings Canyon SEZ Pvt. Ltd., Co-developer of IT/ITES of M/s. ASF Insignia SEZ Pvt. Ltd. at Village Gwal Pahari, Gurgaon (Haryana) - Proposal for amendment in co-developer agreement and Lease deed executed with the SEZ Developer. The Board, was informed by DC, NSEZ that the revenue records pertaining to the additional area had been verified. The Joint Director (Industries), Government of Haryana also confirmed that the additional area had been verified from the revenue records. The Board after deliberations approved the proposal subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period is reduced to a period not exceeding 30 years (Renewable). (viii) Request of M/s. Qualit Agro Processors, a unit in CCCI SEZ, Tamil Nadu, for amendment in the LoA issued to them for deleting condition no. (iii) of the LoA and to permit them procure pulses form DTA. The Board, after deliberations, deferred the matter and directed that the entire issue of import and export of pulses in SEZs may be re-looked into, in consultation with DGFT. (ix) Request of M/s. CHL Ltd. in the Noida SEZ for extension of Letter of Permission (LOP) beyond 28/04/2017 upto 28/04/2018. Shri Yash Kumar Sehgal, Director of M/s. CHL Ltd. along with Shri Sukhbir Singh. Adv., M/s. CHL Ltd. appeared before the Board who informed that M/s. CHL Ltd. was having a sound financial background and was engaged in the hospitality industry. It is presently operating one five star deluxe hotel i.e. 'The Suryaa New Delhi' and was also operating the 'Sheraton Dushanbe' at Tajikistan. M/s. CHL was also having an agreement with M/s. Syscom Corporation Pvt. Ltd. for providing them technical knowhow for manufacturing of plastic cards for their export for their increased requirement in the field. The Board allowed M/s. CHL Ltd. 7 days time to furnish duly certified documents relating to its financial credentials and copy of the agreement with M/s. Syscom Corporation Pvt. Ltd. to facilitate final decision in the matter. Decision on Supplementary Agenda Item No. 82.8: Change of Shareholding Pattern Cases (3 proposals) (i) Proposal of M/s. Atos India Pvt. Ltd. (unit-1)., a unit in IT/ITES SEZ of M/s. IG3 Infra Ltd. at Pallavaram-Thoraipakkam 200 Feet Road, Thoraipakkam, Chennai for change of implementing agency/transfer of shareholding pattern from M/s. Atos India Pvt. Ltd. - Unit-I to M/s. Atos Global IT Solutions and Services Pvt. Ltd. - Unit-I due to de-merger order passed by NCLT. The Board approved the proposal subject to following conditions:- i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity; ii) Fulfilment of all eligibility criteria applicable to unit, including security clearances etc., by the altered unit entity and its constituents; iii) Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc. iv) Full financial details relating to change equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT, Department of Revenue and to the jurisdictional Authority. v) The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961. vi) The applicant shall comply with relevant State Government laws. including those relating to lease of land, as applicable. vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT. (ii) Proposal of M/s. Atos India Pvt. Ltd. (unit-II)., a unit in IT/ITES SEZ of M/s. IG3 Infra Ltd. at Pallavaram - Thoraipakkam 200 Feet Road, Thoraipakkam, Chennai for change of implementing agency/transfer of shareholding pattern from M/s. Atos India Pvt. Ltd. - Unit-II to M/s. Atos Global IT Solutions and Services Pvt. Ltd. - Unit-II due to de-merger order passed by NCLT. The Board approved the proposal subject to following conditions:- i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity; ii) Fulfilment of all eligibility criteria applicable to unit, including security clearances etc., by the altered unit entity and its constituents; iii) Applicability of and compliance with all Revenue Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc. iv) Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT, Department of Revenue and to the jurisdictional Authority. v) The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961. vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable. vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT. (iii) Proposal of M/s. Phoenix Infocity Private Limited a subsidiary of Phoenix Infratech (India) Private Limited, are the developers of an IT/ITES SEZ at Sy. No. 30(P), 34(P), 35(P) and 38(P), Gachibowli village, Serilingampalli Mandal, Ranga Reddy District, Hyderabad - for transfer of ownership of M/s. Phoenix Infocity Private Limited by way of transfer of shares to M/s. Deccan Real Ventures Private Limited The Board noted that 35 units were functioning in the SEZ and approved the proposal subject to following conditions:- i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered developer entity: ii) Fulfilment of all eligibility criteria applicable to developer. including security clearances etc., by the altered developer entity and its constituents; iii) Applicability of and compliance with all Revenue Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc. iv) Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT, Department of Revenue and to the jurisdictional Authority. v) The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961. vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable. vii) The developer shall furnish details of PAN and jurisdictional assessing officer of the developer to CBDT. Item No. 82.9: Miscellaneous Cases (2 proposals) (i) Restoration of LoA of M/s. Sarthak Warehousing Trading Co. (SWTC), Gandhidham. The Board, after deliberations deferred the proposal and directed DC, KASEZ to re-examine whether activity proposed by the unit amounts to recycling. (ii) Request for approval of co-developer status in respect of M/s. Shreekunj Hospitality Pvt. Ltd. in Dahej SEZ DC, Dahej SEZ informed that the revised co developer agreement with M/s Shreekunj Hospitality Pvt Ltd. mentions about the transfer of assets and liabilities of M/s. Dahej Hospitality Pvt. Ltd. (now M/s. Cambay SEZ Hotels Pvt. Ltd.) to the new co-developer, making the original co developer's agreement with Cambay as redundant. The agreement with M/s. Dahej Hospitality Pvt. Ltd. (now M/s. Cambay SEZ Hotels Pvt. Ltd.) would therefore need to be cancelled by the BOA. BOA noted that the Sale Certificate dated 7th January 2017 issued by SIDBI is a statutory document issued under Rule 6. 7, 8 and 9 of the Security Interest (Enforcement) Rules, 2002. Hence any amendment in this certificate would need issuance of either a revised Sale Certificate or corrigendum to the original certificate as the clarification from SIDBI dated 23.3.2018 may not have statutory force. The Board. after deliberations, approved the proposal subject to submission of formal amendment of the sale certificate issued by SIDBI through the Zonal Development Commissioner and cancellation of the Co-developer agreement with M/s. Dahej Hospitality Pvt. Ltd. (now M/s. Cambay SEZ Hotels Pvt. Ltd.). List of Participants for the Meeting of the Board of Approval for Special Economic Zones held on 4th April, 2018 under the Chairpersonship of Commerce Secretary, Department of Commerce. 1. Ms. Rita Teaotia, Chairperson, BoA Commerce Secretary, Department of Commerce 2. Shri Alok Vardhan Chaturvedi, DG, DGFT 3. Shri Bidyut Behari Swain, Additional Secretary, Department of Commerce 4. Smt. Deepshikha Sharma, Addl. (CIT) OSD, CBDT, Department of Revenue, Ministry of Finance. 5. Shri Saroj Kumar Behera, Joint Director, DGEP, CBEC 6. Shri Sunil Srivastava, Assistant Director, DGEP, Department of Revenue, Ministry of Finance 7. Shri Ashwani Oham, Resident Representative, Govt. of Odisha. 8. Shri K. Biswal, Addl. Secretary, Legislative Department, M/o. Law Justices, Shastri Bhawan, New Delhi. 9. Shri Anil Kumar Choudhary, Joint Director, Department of Industries Commerce, Haryana. 10. Shri Anil Kant Mishra, Research Assistant TCPO, Ministry of Urban Development, Vikas Bhawan, I.P. Estate, New Delhi 11. Shri Sushant Sudan, Dy. Director, DIPP. 12. Ms. Urmila, Joint Director, Ministry of Environment Forest Climate Change. 13. Shri Rajiv Malik, Assistant Resident Commissioner, Govt. of Maharashtra, Maha Sadan. 14. Shri Gurpreet Singh, Manager, PSIEC, Govt. of Punjab. 15. Dr. Krishna Kanth Pulicherla, Scientist, TDT Division, Room No. 13, Hall C, Technology, Technology Bhawan, New Delhi. 16. Shri Daya Kishore Joseph Lakra, Scientist C IPS ITS Division, M/o Electronics IT, Electronics Niketan, CGO Complex, New Delhi. 17. Shri N.K. Singh, OSD, Noida Authority, Govt. of Uttar Pradesh. 18. Shri Yash Kumar Sehgal, Director, CHL Ltd 19. Shri Sukhbir Singh, ADV. CHL LIST OF DEVELOPMENT COMMISSIONERS 20. Dr. L.B. Singhal, Development Commissioner, Noida SEZ 21. Dr. M.K.S. Sundram, Development Commissioner, MEPZ-SEZ/ CSEZ/Sri City SEZ 22. Shri Baldev Singh, Development Commissioner, SEEPZ-SEZ 23. Shri Upendra Vashisht, Development Commissioner, KASEZ 24. Ms. Sobhana K.S. Rao, Development Commissioner, VSEZ 25. Shri R.P. Goyal, Development Commissioner, Reliance SEZ, Jamnagar/ Dahej SEZ (Addl. Charge). 26. Dr. Amiya Chandra, Development Commissioner, APSEZ, Mundra 27. Shri S.S. Das, Development Commissioner, Mihan SEZ 28. Shri K.L. Sharma, Development Commissioner, Surat SEZ 29. Shri A.K. Singh, Development Commissioner, Mangalore SEZ 30. Shri V.K.K. Nadimapalli, Dy. Development Commissioner, APIIC SEZ, Atchutapuram, Visakhapatnam. 31. Shri Ishwar Singh, Joint Development Commissioner, ISEZ, Indore LIST OF PARTICIPANTS FROM DEPARTMENT OF COMMERCE 32. Shri T.V. Ravi, Director, Department of Commerce 33. Shri G. Srinivasan, Under Secretary, Department of Commerce 34. Shri Aditya Narayan, Under Secretary, Department of Commerce 35. Shri K.C. Biswal, Section Officer, Department of Commerce 36. Shri Piyush, Section Officer, Department of Commerce