Minutes of the 83th meeting of the. Board of Approval for SEZ held on 19 June 2018 to consider setting up of Special Economic Zones and other miscellaneous proposals - SEZ - Minutes of the 83th meeting of the SEZ

Minutes of the 83 rd meeting of the Board of Approval for SEZ held on 19 th June, 2018 The Eighty Third (83 rd ) meeting of the Board of Approval (BoA) for Special Economic Zones (SEZs) was held on 19 th June, 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-1). Item No. 83.1: Requests for extension of validity of formal approvals (8 proposals) BoA in its meeting held on 14 th September, 2012, examining similar cases 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 a 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) (a) Request of M/s. HBS Pharma SEZ Pvt. Ltd., for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Pharmaceuticals at Panoli Industrial Estate, District Bharuch, Gujarat beyond 16/06/2018. The Board, after deliberations, approved extension of the validity of the formal approval up to 16 th June, 2019. (b) M/s. HBS Pharma SEZ Pvt. Ltd., has sought for change in sector of the notified SEZ from 'Pharmaceutical' to Transport-Automobile Engineering goods to allow manufacturing and trading in all types of tires, tubes, flaps, rubberized tracks (reinforced or otherwise), ORings and related accessories thereof such as, Rims, wheels, valves, individually or in sets/assemblies or in subsets/sub-assemblies or in any combination thereof, for all type of vehicles including off the road ( OTR ) vehicles, and rubber and/or metal components for material handling equipments, such as conveyor belts etc. The Board, took note of the letter from DC KASEZ dated 08.6.2018 informing that the Developer had decided to drop the word 'Transport' from the proposed Sector. After deliberations, the Board, approved the proposal of M/s. HBS Pharma SEZ Pvt. Ltd. for change in sector from Pharmaceutical to Automobile, Automobile ancillary Engineering. (ii) Request of M/s. Electronics Corporation of Tamil Nadu Ltd. (ELCOT Ltd.) for further extension of the validity period of formal approval, granted for setting up of sector specific IT/ITES SEZ at Viswanathapuram, Hosur for one year beyond 08.05.2018 (up to 7.5.2019). The Board, after deliberations, approved extension of the validity of the formal approval up to 7th May, 2019. (iii) Request of M/s. Electronics Corporation of Tamil Nadu Ltd. (ELCOT Ltd.) for further extension of the validity period of formal approval, granted for setting up of sector specific IT/ITES SEZ at Vadapalanji, Madurai for one year beyond 8.5.2018 (up to 7.5.2019). The Board, after deliberations, approved extension of the validity of the formal approval up to 7th May, 2019. (iv) Request of M/s. Electronics Corporation of Tamil Nadu Ltd. (ELCOT Ltd.) for further extension of the validity period of formal approval, granted for setting up of sector specific IT/ITES SEZ at Gangaikondan, Tirunelveli for one year beyond 08.05.2018 (up to 7.5.2019). The Board, after deliberations, approved extension of the validity of the formal approval up to 7th May, 2019. (v) Request of M/s. Electronics Technology Parks-Kerala for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Andoorkonam village, Trivandrum, Kerala, beyond 15th May, 2018. The Board, after deliberations, approved extension of the validity of the formal approval up to 15th May, 2019. (vi) Request of M/s. Electronics Technology Parks-Kerala for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Pallipuram and Veiloor Village, Trivandrum, Kerala, beyond 15th May, 2018. The Board, after deliberations, approved extension of the validity of the formal approval up to 15th May, 2019. (vii) Request of M/s. GOCL Corporation Limited (Formerly Gulf Oil Corporation Ltd.) for further extension of the validity period of formal approval, granted for setting up of IT/ITES/BPO/Electronic Hardware SEZ at Kattigenahalli Venkata/a Villages, Yelahanka Hobli, Bangalore, Karnataka beyond 17th June, 2018. The Board, after deliberations, approved extension of the validity of the formal approval up to 17th June, 2019. (viii) Request of M/s DLF Info Park, (Pune) Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Rajiv Gandhi Infotech Park, Phase-II, Hinjewadi, Pune, Maharashtra beyond 26.06.2018. The Board, after deliberations, approved extension of the validity of the formal approval up to 26th June, 2019. Item No. 83.2: Requests for extension of LoP beyond 3rd Year onward (7 proposals) (i) Request of M/s. APPL Industries Limited in Dahej SEZ for extension of Letter of Approval (LOA) up to 13/02/2019. The Board, after deliberations, approved extension of the validity of the LoP up to 13th February, 2019. (ii) Request of M/s. Camlin Fine Sciences Ltd in the Plot No Z/96/D, Dahej SEZ Ltd, Part II, Dahej, Village: Luvara, Tal: Vagra, Dist: Bharuch, Gujarat for the Extension of the Letter of Approval (LOA) beyond 3rd year upto 09.03.2019 The Board, after deliberations, approved extension of the validity of the LoP up to 9th March, 2019. (iii) Request of M/s. Tech Mahindra Ltd. (Unit-IV) in the Noida SEZ for extension of Letter of Permission (LOP) beyond 22/04/2018 upto 30/09/2018 The Board, after deliberations, approved extension of the validity of the LoP up to 30th September, 2018. The Board also directed DC, NSEZ to issue Show Cause to the Unit for non - utilisation of almost 2/3rd of the land available with the Unit. (iv) Request of M/s. Bremels Rubber Industries Private Limited in the Aspen Infrastructures Limited SEZ, Padubidri, Udupi for extension of Letter of Permission (LOP) upto 25th June 2019. The Board, after deliberations, approved extension of the validity of the LoP up to 25th June, 2019. (v) Request of M/s. Gaston Energy India Pvt. Ltd. in Mahindra World City (Jaipur) Ltd., Multi-Product SEZ at Village Kalwara, Tehsil- Sanganer, Jaipur for extension of Letter of Permission (LOP) for a further period of two year i.e. upto 10.06.2019. The Board, after deliberations, approved extension of the validity of the LoP up to 10th June, 2019. (vi) Request of M/s. Dhoot Transmission Pvt. Ltd., a unit in the sector specific SEZ for Engineering and Electronics being developed by M/s. Maharashtra Industrial Development Corporation (MIDC) at Shendre, Five Star Industrial Area, Shendre, MIDC, Aurangabad for extension of Letter of Permission (LOP) beyond 17.04.2018. The Board, after deliberations, approved extension of the validity of the LoP up to 17th April, 2019. (vii) Request of M/s. Wockhardt Ltd., (Unit-II) 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) beyond 25th February, 2018. The Board, after deliberations, approved extension of the validity of the LoP up to 24th February, 2019. Item No. 83.3: Requests for co-developer (3 proposals) (i) Request of M/s. Winterfell Realty Pvt. Ltd. for co-developer status in the Electronics Technology Parks (Technopark) SEZ for Development of Infrastructure, Operation, Maintenance and Leasing of the developed area of the SEZ, including undertaking the authorized operations as contracted. The Board, after deliberations, approved the proposal of M/s. Winterfell Realty Pvt. Ltd. for Development of Infrastructure, Operation, Maintenance and Leasing of the developed area of the SEZ, including undertaking the authorized operations over an area of 10 acres as contracted 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 (MPPL) for co-developer status in M/s. Divyasree NSL Infrastructure Pvt. Ltd. (DNIPL) SEZ for providing infrastructure facilities and other operations The Board, after deliberations, approved the proposal of M/s. Midas Projects Pvt. Ltd. (MPPL) for providing infrastructure facilities and other operations 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). (iii) 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 the proposal of M/s. Synergy Infotech Pvt. Ltd. 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 standard terms and conditions as per SEZ Act and Rules provided that the lease period does not exceed 30 years (Renewable). Item No. 83.4: Proposals for setting up of New SEZs (one proposal) (i) Request of M/s. HCL Technologies Ltd. for setting up of sector specific SEZ for IT/ITES at Sy. No. 20/3, Kesarapalli Village, NH-5, Gannaavaram Mandal, Vijayawada over an area of 10.43 hectares. The Board, after deliberations, approved the proposal for setting up of a sector specific Special Economic Zone for IT/ITES at Sy. No. 20/3, Kesarapalli Village, NH-5, Gannaavaram Mandal, Vijayawada, over an area of 10.43 hectares. Item No. 83.5: Miscellaneous Cases (18 proposals) (i) Request of M/s. Honeywell Technology Solutions Lab Private Limited co-developer in ELCOT SEZ at llandhaikulam village, Madurai District, Tamil Nadu for increase in the co-developer area for carrying out Authorised operations. After deliberations, the Board approved the proposal of M/s. Honeywell Technology Solutions Lab Private Limited, Co-developer for increase in the area by 6.75 acres, in accordance with the Lease 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). (ii) Proposal for demerger of M/s. Aspen Infrastructures Limited (Developer of Engineering Special Economic Zone set up at Waghodia, Dist. Vadodara) into resulting company M/s. Aspen Park Infra Vadodara Private Limited. 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 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. (iii) Request from developer for recommendation for transfer of LoA M/s. Aspen Infrastructure Ltd. (formerly known as M/s. Synefra Engg. Construction Ltd.), developer - Aspen Infra SEZ, Coimbatore. 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 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. (iv) Request of M/s. Cognizant Technology Solutions India Private Limited for scheme of merger or amalgamation of certain companies 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 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. (v) Proposal for setting up Free Trade Warehousing Zone for an area admeasuring 1337.5 Sq. Mtr. for storage /B2B display area for high value commodities like bullions/diamonds etc. and for tech laboratory and medical instrumentation, pharma/fashion industry products, international art auctions/art investment/art trade/artwork storage by the Co-Developer M/s. ATS Savvy Developers LLP in processing area of GIFT Multi Services SEZ m/r Representative of DGEP, D/o Revenue informed that the Member (Customs), CBIC had desired that the matter may be deferred for a week for further examination of the proposal. The, Board, decided to defer the proposal for a week and desired that the comments of D/o Revenue should be made available to the D/o Commerce within a week and thereafter, to decide the matter on file. (vi) Request for transfer of ownership from M/s. Indospace AS Industrial Park Private Limited to M/s. A.S. Cargo Movers (P) Limited developed by M/s. Sri City Private Limited The Board approved the proposal subject to following conditions:- i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered co-developer entity; ii) Fulfilment of all eligibility criteria applicable to co-developer, including security clearances etc., by the altered co-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 co-developer shall furnish details of PAN and jurisdictional assessing officer of the co-developer to CBDT. (vii) Request of M/s. Aarti Industries Limited (Plot No.Z/103/H) for permission for laying 496 meter Hydrogen Pipeline in Dahej SEZ The Board, after deliberations, decided to approve the proposal. (viii) Request of M/s Deepak Phenolics Limited, DTA unit for grant permission for laying length of 105.79 meters 10 Benzene/8 Propylene in Dahej SEZ area out of total 1,497.80 meters length pipeline The Board, after deliberations, decided to approve the proposal (ix) Request of M/s ONGC Petro additions Limited (OPaL), a unit in multi-product SEZ developed by Dahej SEZ at Bharuch Gujarat for permission for laying of feed / raw material (Naptha) pipeline from Hazira ONGC (DTA) to the OPaL SEZ Unit The Board, after deliberations, decided to approve the proposal (x) Request of M/s Ramdev Chemical Industries, Dahej SEZ unit for laying Drainage Pipe Line in Dahej SEZ area The Board, after deliberations, decided to approve the proposal. (xi) Proposal of M/s. ASF Insignia SEZ Pvt. Ltd., developer for dual use of infrastructure in non-processing area of IT/ITES SEZ at village Gwal Pahari, Distt. Gurgaon, Haryana The Board, after deliberations, approved the proposal, subject to refund of all income tax/duties/fiscal benefits availed by the Developer. (xii) Request of M/s. GAR Corporation Private Limited for increase an area of 0.769 hectares in the sector specific SEZ for IT/ITES at Sy. No. 89(P), Kokapet Village, Gandipet Mandal, Ranga Reddy District, Telangana. The Board, after deliberations, approved the proposal. (xiii) Request for approval for importing Spectralink PIVOT 8744 Enterprise Smartphone by M/s. L T Technology Services Limited in M/s. L T SEZ, Mysore, Karnataka. The Board, after deliberations, approved the proposal. (xiv) M/s. Abhijeet Ferro Tech Ltd. of APSEZ, Visakhapatnam for import of Ferro Manganese Slag for a quantity of 20,000 MTs. The Board, after deliberations, approved the proposal for import of 20,000 MTS of Ferro Manganese Slag. (xv) Request of M/s. Anita Exports, a unit in Kandla SEZ for renewal of LoA for extension of recycling of plastic waste and scrap The Board, after deliberations, deferred the proposal with the direction to DC KASEZ to carry out inspection of the Unit and furnish a factual report after checking the records of the Unit and similar cases pointed out by the Hon'ble High Court of Gujarat in its order dated 08.5.2018. (xvi) Request of M/s. Southern Online Bio Technologies Ltd. for inclusion of additional product in their LoA The DDC, APSEZ informed that representatives from Customs in the Approval Committee were of the view that procurement of high Volumes of HSD/LDO, from IOC/HPCL etc., carrying high rates of Taxes and later clearing the blended Bio-Diesel to the DTA by paying lesser duty on finished product would cause Revenue loss to the exchequer on the proposed business model. The estimated revenue loss was put at 270 Cr. for the remaining period of validity of LoA of the unit. The Board, after deliberations, rejected the proposal. (xvii) Request of M/s. State Industries Promotion Corporation of Tamil Nadu Ltd. (SIPCOT) at Sriperumbudur, Tamil Nadu for partial de-notification of SEZ area to the extent of 28.33.8 hectares and surrender of co-developer status of M/s. Motorola Mobility Chennai Pvt. Ltd. The Board, after deliberations, approved the proposal. (xviii) Request M/s. Nxtra Data Ltd. (Co-Developer) for setting up of a Sector Specific Special Economic Zone for IT/ITES at Plot No. 13/10/A Plot No. 28, MIDC SEZ, Rajiv Gandhi Infotech Park, Phase-III, Hinjewadi, Pune, Maharashtra for amendment of BoA condition of lease period not exceeding 30 years incorporated in the Formal Approval dated 14.12.2017 The Board after deliberations reiterated its decision that the lease period will be for a period not exceeding 30 years (renewable). Item No. 83.6: Cancellation of Formal Approvals (one proposal) Proposal for cancellation of Formal Approval M/s. OSE Infrastructure Ltd. (Plot No. 001, Block C, Sector - 67, Noida, UP) The Board, after deliberations, decided to cancel the formal approval/notification. The cancellation was subject to the DC furnishing a certificate in the prescribed format certifying that the developer has not availed any tax/duty benefits including Service Tax Exemptions, if any, under SEZ Act/Rules, or has refunded any such benefits availed by it. Item No. 83.7: Proposals for Industrial License (3 proposals) Addl. Secretary (SEZ) informed the Board that while Section 9 (e) of the SEZ Act, 2005 empowered the BOA to decide the cases of grant of Industrial License to SEZ Units for manufacture of items covered by the ID (R A) Act, the BOA was not empowered to decide the cases of manufacture of items covered under the Arms, Act, 1959. It was informed that Ministry of Home Affairs had delegated these powers to the Secretary, Department of Industrial Policy Promotion. Addl. Secretary (SEZ) informed that he had discussed the issue with the Secretary, DIPP and it was decided that proposals for grant of manufacture of items covered under the Arms Act, 1959 by SEZ Units, may be considered and approved by the BOA, where after, the Secretary, DIPP would consider issuing the license. (i) Application of M/s Zen Technologies Ltd., SEZ unit under VSEZ requiring Industrial License. The Board, after deliberations, decided to approve the proposal of M/s Zen Technologies Ltd., for grant of Industrial License for design, development and manufacture of simulators for aerospace, defence, home land security, mining and road transport industry from their SEZ unit at Ranga Reddy District, Telangana. (ii) Application of M/s Defsys Solutions Pvt. Ltd., SEZ unit under NSEZ requiring Licence to manufacture of equipments for defence application. The Board, after deliberations, decided to approve the proposal of M/s Defsys Solutions Pvt. Ltd., SEZ unit under NSEZ, for grant of Industrial License for manufacture and export of Electronic Warfare Systems (Electronic Hardware), Thermal sensors and infrared sensors and simulators covered under the ID(R A) Act. The item 'payload and pods' appears to be covered under the Arms Act, 1959, therefore, the Board decided to refer the proposal in respect of 'payloads and pods' to Secretary, DIPP for grant of license under the Arms Act, 1959. (iii) Application of M/s Tata Power Company Ltd., SEZ unit under CSEZ requiring Licence for manufacture of defence products. The Board, after deliberations, decided to approve the proposal of M/s Tata Power Company Ltd., SEZ unit under CSEZ, for grant of Industrial License for manufacture of the following items covered under the ID(R A) Act:- (i) Armoured or protective equipments for Ballistic protection for military systems; (ii) Manufacturing of radar equipment, detection, navigation specially designed for military application; (iii) Imaging or countermeasure equipment i.e Recorders and Image processing equipments, image intensifier equipments, infrared or thermal imaging equipments, imaging radar sensor equipment, countermeasure or countermeasure equipment. (iv) Misc-concealment-detection equipment for military application. The following items are covered under the Alms Act, 1959, therefore, the Board decided to refer the proposal in respect of these items to Secretary, DIPP for grant of license under the Arms Act, 1959. (i) Tanks and other armoured fighting vehicles including Ground vehicles a and b to provide ballistic protection to level III (NIJ 0108.01, Sept 1985, or comparable national standard or above); (ii) Arms-ammunition-allied items of defence equipment parts accessories thereof. (iii) Defence aircraft for military application; Item no. 83.8: Appeals before BoA (2 Appeals). (i) Appeal of M/s. Crafts Exim requesting for setting up of new unit in Moradabad SEZ against order dated 23.03.2018 passed by UAC, Moradabad SEZ. The Board, after hearing the appellant upheld the appeal. (ii) Appeal dated 19.01.2018 of M/s. Alps Overseas Pvt. Ltd. a unit in FSEZ against order dated 07.04.2016 passed by UAC, FSEZ. The Board, after hearing the appellant upheld the appeal. Decision on Supplementary Agenda Item No. 83.8: Requests for extension of validity of formal approvals (one proposal) (i) Request of M/s. Mayar Infrastructure Development Pvt. Ltd. for further extension of the validity of formal approval, granted for setting up of Biotechnology Sector Specific SEZ at Village Rahka and Nimoth, Tehsil Sohna, Gurgaon (Haryana) beyond 13.07.2018. The Board, after deliberations, decided to recommend the proposal for approval of Hon'ble CIM in relaxation of the provisions of Rule 5(7) of SEZ Rules, 2006. Item No. 83.9: Requests for co-developer (5 proposals) (i) Request of M/s. Phoenix Financial District Pvt. Ltd for co-developer status in the M/s. Phoenix Spaces Pvt. Ltd, IT/ITES SEZ at Sy. No. 285, Puppalguda Village, Rajender Nagar District, Telangana to develop and construct the Building and also undertake the operations and maintenance of the building The Board, after deliberations, approved the proposal of M/s. Phoenix Financial District Pvt. Ltd. for developing and construction the building and also undertake the operations and maintenance of the building 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. Phoenix Soft Space India Pvt. Ltd for co-developer status in the M/s. Phoenix Spaces Pvt. Ltd, IT/ITES SEZ at Sy. No. 286 287, Puppalguda Village, Rajender Nagar District, Telangana to develop and construct the Building and also undertake the operations and maintenance of the building The Board, after deliberations, approved the proposal of M/s. Phoenix Soft Space India Pvt. Ltd. for developing and construction the building and also undertake the operations and maintenance of the building 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). (iii) Request of M/s. Phoenix Tech Space India Pvt. Ltd for co-developer status in the M/s. Phoenix Spaces Pvt. Ltd, IT/ITES SEZ at Sy. No. for 286 287, Puppalguda Village, Rajender Nagar District, Telangana to develop and construct the Building and also undertake the operations and maintenance of the building The Board, after deliberations, approved the proposal of M/s. Phoenix Tech Space India Pvt. Ltd. for developing and construction the building and also undertake the operations and maintenance of the building 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. Phoenix Infrasoft India Pvt. Ltd for co-developer status in the M/s. Phoenix Ventures Pvt. Ltd, IT/ITES SEZ at Sy. No. 35 P 36, Gachibowli Village, Serilingampally District, Telangana to develop and construct the Building and also undertake the operations and maintenance of the building The Board, after deliberations, approved the proposal of M/s. Phoenix Infrasoft India Pvt. Ltd. for developing and construction the building and also undertake the operations and maintenance of the building 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. Phoenix Infraspace India Pvt. Ltd for co-developer status in the M/s. Phoenix Ventures ht. Ltd, IT/ITES SEZ at sy. No. 35 P 36, Gachibowli Village, Serilingampally District, Telangana to develop and construct the Building and also undertake the operations and maintenance of the building The Board, after deliberations, approved the proposal of M/s. Phoenix Infraspace India Pvt. Ltd. for developing and construction the building and also undertake the operations and maintenance of the building 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). Item No. 83.10: Change of Shareholding Pattern Cases (2 proposals) (i) M/s. Black 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 change of shareholding pattern 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 co-developer entity; ii) Fulfilment of all eligibility criteria applicable to co-developer, including security clearances etc., by the altered co-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 co-developer shall furnish details of PAN and jurisdictional assessing officer of the co-developer to CBDT. (ii) Proposal of M/s. Dr. Fresh Healthcare Pvt. Ltd. Developer of Electronics Hardware Software including IT/ITES SEZ at Village Ghamroj, Tehsil-Sohna, Gurgaon-Sohna Road, Gurgaon (Haryana) for change of name of the company to GTV Tech SEZ Private Limited and change of shareholding pattern 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 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. 83.11: Miscellaneous Cases (3 proposals) (i) Proposal of M/s. P.L.G. Incubation Services Pvt. Ltd., co-developer for increase in area proposed to be developed in the Electronics Hardware Software including IT/ITES SEZ of M/s. Artha Infratech Pvt. Ltd. at Plot No. 21, Sector- Techzone-IV, Greater Noida. After deliberations, the Board approved the proposal of M/s. P.L.G. Incubation Services Pvt. Ltd. for increase in the area by 0.2601 hectares (2601 sqmt.), 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 is reduced to a period not exceeding 30 years (Renewable). (ii) Proposal of M/s. HCL Technologies Ltd., Developer for approval of additional authorized operation (Convenience Store) in the processing area of IT/ITES SEZ at Plot No. 3A, 3B 2C, Sector-126, Noida (U.P.). The Board, after deliberations, decided to reject the proposal as no SEZ activity was involved. (iii) Proposal of M/s. Arshiya Ltd., for approval of additional sector i.e. electronic hardware and software (including information technology enabled services) in the notified area for FTWZ at Village Sai, Panvel, Maharashtra The Board after deliberations, decided to approve the proposal. Decision on Supplementary Agenda-II Item No. 83.12: Requests for extension of validity of formal approvals (one proposal) (i) Request of M/s. Kumar Builders Township Ventures Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Village Hinjewadi Mann, Taluka - Mulshi, Pune, Maharashtra, beyond 26th August 2017 and change in the shareholding pattern of the Developer entity. The Board took note that in its 69th Meeting held on 23.02.2016. it had directed that the LOA would be cancelled in case the project was not implemented by 26.08.2017. The Board, after deliberations, decided to reject the proposal. Item No. 83.13: Requests for extension of LoP beyond 3rd Year onward (one proposal) (i) Request of M/s. Indus Gene expressions Limited, a unit in M/s. Indus Gene Expressions Ltd. SEZ for Biotechnology beyond 01.01.2018. The Board, after deliberations, approved extension of the validity of the LoP up to 1st January, 2019. Decision on Table Agenda (i) Request of M/s. Ameks Techfab Pvt. Ltd. for extension of LoA; 100% change in shareholding pattern with change in Directors and grant of Industrial License. The Board noted that the recommendations of the Department of Defence Production and Department of Home Affairs were awaited. Representative of DGEP, D/o Revenue also stated that they would be in a position to offer their comments within a week . The Board, therefore, decided that the proposal may be considered on file after receipt of necessary recommendations. (ii) Application of M/s Thales Reliance Defence Systems Ltd., SEZ unit under SEEPZ SEZ requiring Industrial License for manufacture of Aeronautical Radar Equipment and Electronic Warfare suite. The Board noted that the recommendations of the Ministry of Home Affairs were awaited. Representative of DGEP, D/o Revenue also stated that they would be in a position to offer their comments within a week . The Board, therefore, decided that the proposal may be considered on file after receipt of necessary recommendations. List of Participants for the Meeting of the Board of Approval for Special Economic Zones held on 19th June, 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. Dr. Prem Verma, ADG, DGEP, CBEC 6. Shri Sanjay Bansal, ADG, DGEP 7. Shri Saroj Kumar Behera, Joint Director, DGEP, CBEC 8. Shri C.S.S. Rao, Dy. Director, O/o DC (MSME), Nirman Bhawan, New Delhi 9. Shri Anil Kant Mishra, Research Assistant TCPO, Ministry of Urban Development, Vikas Bhawan, I.P. Estate, New Delhi 10. Shri Neeraj Kumar Sharma, R.O., DIPP. 11. Smt Lithrongla G. Chishi, Commissioner Secretary, Industries Commerce, Govt. of Nagaland. 12. Ms. Urmila, Joint Director, Ministry of Environment Forest Climate Change. 13. Ms. Amrita Gupta, Research Officer, M/o EFCC 14. Shri V.P. Kureel, Assistant Director, O/o DC (MSME). 15. Ms. Urvashi Roul. GM, PSIEC, New Delhi on behalfofPSIEC, Govt. ofPunjab. 16. Shri R.C. Dahra, Consultant, Industries Department, Haryana 17. Shri M. Vijaya kumar, IAS, MD, ELCOT, Chennai, Tamil Nadu. LIST OF DEVELOPMENT COMMISSIONERS 18. Dr. L.B. Singhal, Development Commissioner, Noida SEZ 19. Dr. M.K.S. Sundram, Development Commissioner, MEPZ-SEZ/ CSEZ 20. Shri Baldev Singh, Development Commissioner, SEEPZ-SEZ/Mihan SEZ 21. Shri Upendra Vashisht, Development Commissioner, KASEZ 22. Ms. Sobhana K.S. Rao, Development Commissioner, VSEZ 23. Shri J.M. Gupta, Development Commissioner, Indore SEZ 24. Shri R.P. Goya], Development Commissioner, Reliance SEZ, Jamnagar 25. Shri K.L. Sharma, Development Commissioner, Surat SEZ 26. Shri Anil Kumar Choudhary, Development Commissioner, Dahej SEZ 27. Shri V.K.K. Nadimapalli, Dy. Development Commissioner, APIIC SEZ, Atchutapuram, Visakhapatnam. 28. Dr. Sriramappa V., Deputy Development Commissioner, Falta SEZ, Kolkata LIST OF PARTICIPANTS FROM DEPARTMENT OF COMMERCE 29. Shri T. V. Ravi, Director, Department of Commerce 30. Shri G. Srinivasan, Under Secretary, Department of Commerce 31. Shri Aditya Narayan, Under Secretary, Department of Commerce 32. Ms. Ruchika Bhatt Chaudhuri, Section Officer, Department of Commerce 33. Shri Piyush, Section Officer, Department of Commerce