Minutes of the 93rd meeting of the. Board of Approval for SEZ held on 15th November, 2019 to consider setting up of Special Economic Zones and other miscellaneous proposals - SEZ - Minutes of the 93th meeting of the SEZ

Minutes of the 93rd meeting of the Board of Approval for SEZs held on 15th November, 2019 The Ninety Third (93rd) meeting of the Board of Approval (BoA) for Special Economic Zones (SEZs) was held on 15th November, 2019 under the chairmanship of Shri Anup Wadhawan, Secretary. Department of Commerce. at 12:15 P.M. in Room No. 108, Udyog Bhawan, New Delhi. The list of participants is annexed (Annexure-I). Item No. 93.1: Confirmation of minutes of the meeting of the 92 nd BoA held on 4th October, 2019. The Board took cognizance of the following views of Directorate General of Export Promotion in their OM No. DGEP/SEZ/58/2019/1170 dated 14th November, 2019 in respect of Agenda item no. 92.5(iv) of the minutes of the meeting: In this regard, it is brought to your notice that in the said BoA meeting in respect of Agenda point no. 92.5(iv), it was decided that as far as the request by M/s Tanglin Developers Limited (TDL) to transfer the optionally convertible debentures to acquire viz. BREP Asia II Indian holding to M/s I(NQ) PW. Ltd Singapore and M/s Sattva Developers Pvt. Ltd. Concerned, no approval was given for the time being. However, as per the Minutes circulated, this point (IInd part of point no. 92.5(iv) stands delegated to concerned Development Commissioner to approve the proposed changes with certain conditions. The Board. after deliberations, decided to replace the last paragraph of the minutes in respect of Agenda item no. 92.5(iv), viz., Further, the Board authorized the DC, CSEZ to approve the proposed change in Phase-II subject to the applicant fulfilling the above conditions as applicable. with the following paragraph: Further, the proposal for proposed change in control in Phase II may be placed before the Board of Approval by DC, CSEZ as and when the applicant fulfils the applicable conditions. Item No.93.2: Request for extension of validity of formal approvals (One proposal) 93.2 (i) Request of M/s. Gopalan Enterprises (India) Private Limited (Fortune City) for further extension of the validity period of formal approval, granted for setting up of IT/ITES SEZ at Mahadevapura Kaggadaspura, K.R. Puram, Whitefield, Bangalore, Karnataka state, beyond 03.07.2019 up to 02.07.2020. The Board, after deliberations. approved extension of the validity of the formal approval up to 2nd July, 2020. Item No. 93.3: Requests for extension of LoA beyond 3rd year onwards (Three proposals) 93.3 (i)Request of M/s Wockhardt Limited Unit 3 at Shendre, Aurangabad, Maharashtra for extension of the validity period of LoA for a period of one year from 25.10.2019 to 24.10.2020. The Board, after deliberations, approved extension of the validity of the LoA up to 24th October, 2020. 93.3 (ii)Request of M/s Envipro Engineering Pvt. Ltd. a unit in M/s. MIDC SEZ at Plot No. 06, Khandala Phase l, MIDC-Kesurdi-SEZ, Village-Kesurdi, District Satara, Maharashtra for extension of the validity period of LoA beyond 25.03.2017 to 24.03.2020. The Board, after deliberations, approved extension of the validity of the LoA up to 24th March, 2020. 93.3(iii) Request of M/s. Eternity Innovations Technologies Pvt. Ltd., a unit in MIDC SEZ at Plot No. 21/4, Rajiv Infotech Park, Hinjewadi, Phase-III, Pune, Maharashtra for extension of validity period of its LoA beyond 10.09.2017 upto 30.03.2020. The Board, noted that DC, SEEPZ has recommended the proposal for extension upto 08.01.2020. The Board, after deliberations, approved extension of the validity of the LoA up to 8th January, 2020. Item No. 93.4 Proposal for change of shareholding pattern/name/change of control (six proposals) 93.4(i) Request of M/s. Mahataa Information India Pvt. Ltd., an IT/ITES SEZ at Nanakramguda Village, Serilingampally Mandal, Ranga Reddy District, Telangana for change of name of their SEZ to M/s. Google Connect Services India Pvt. Ltd. The Board, after deliberations, approved the proposal for change in name from M/s Mahataa Information India Pvt. Ltd. to M/s. Google Connect Services India Pvt. Ltd. with following conditions:- i. Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered developer entity; ii. Fulfillment 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 relevant rules of Revenue/Company Affairs/SEBI etc., 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. 93.4(ii) Request of M/s. Deccan Fine Chemicals (India) Pvt. Ltd., a sector specific SEZ for Chemical and Pharmaceutical at Sy. 84-93 108, Kesavaram Village, Sy No. 146,149 150 Rajavaram Village, Payakaraopeta Mandal, Visakhapatnam Dist., Andhra Pradesh for change in shareholding pattern. The Board. after deliberations, approved the proposal subject to approval by relevant statutory bodies with the following conditions:- i. Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered developer entity; ii. Fulfillment 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. 93.4(iii) Request of Madhya Pradesh Audyogik Kendra Vikas Nigam (Indore) Ltd., Developer of Crystal IT Park SEZ at Khandwa Road, Bhanwarkuan, Indore (M.P.) for change of name in LoA and change of shareholding pattern. The Board, after deliberations, approved the proposal for change of name of the Developer from Madhya Pradesh Audyogik Kendra Vikas Nigam (Indore) Ltd. to M.P. Industrial Development Corporation Limited, Regional Office. Indore and the change in shareholding pattern subject to approval by relevant statutory bodies with the following conditions:- i. Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered developer entity; ii. Fulfillment 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. 93.4(iv) Request of Madhya Pradesh Audyogik Kendra Vikas Nigam (Indore) Ltd., Developer of multi-product Indore SEZ at Villages Akolia, Bardari, Kali-Billod, Jamodi and Kheda at Pithampur, Distt. Dhar for change of name in LoA and change of shareholding pattern. The Board, after deliberations. approved the proposal for change of name of the Developer from Madhya Pradesh Audyogik Kendra Vikas Nigam (Indore) Ltd. to M.P. Industrial Development Corporation Limited, Regional office, Indore and shareholding pattern subject to approval by relevant statutory bodies with the following conditions:- i. Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered developer entity; ii. Fulfillment 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. 93.4(v) Request of M/s. Arshiya Data Centre Private Limited, a co-developer in M/s. Arshiya Limited for FTWZ at Panvel, Raigad, Maharashtra for change in Shareholding Pattern of the company. The Board, after deliberations, approved the proposal subject to approval by relevant statutory bodies with the following conditions:- i. Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered co-developer entity; ii. Fulfillment 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. 93.4(vi) Request of M/s. Laxmipati Balaji Supply Chain Management Limited, a co-developer in M/s. Arshiya Limited for FTWZ at Panvel, Raigad, Maharashtra for change in shareholding pattern of the company. The Board, after deliberations, approved the proposal subject to approval by relevant statutory bodies with the following conditions:- i. Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered co-developer entity; ii. Fulfillment 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. Item No. 93.5 Miscellaneous Cases (six-proposals) 93.5(i) Request of M/s. Gujarat Fluoroehemicals Limited, a unit in Dahej SEZ for Permission of laying 12 effluent pipeline to Deep Sea from Dahej plant. The Board, after deliberations, decided to approve the proposal, subject to the condition that the unit will not avail any GST/duty benefits on laying the said pipeline and comply with all norms and instructions laid down by Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority and other applicable statutory bodies. 93.5(ii) Request of M/s. Amrapali Exports, a unit in Gems Jewellery SEZ-II Sitapura, Jaipur (Rajasthan) for import / procurement of 'Mother of Pearls Bone' as raw material in respect of its unit located in the Gems Jewellery SEZ of Sitapura. The Board, after deliberations, decided to approve the proposal for import / procurement of 'Mother of Pearls Bone' as raw material subject to condition that DC, NSEZ will ensure compliance of all other relevant conditions. 93.5(iii) Proposal of M/s. Xtraa Cleancities Limited, unit in VSEZ for permission to import Used Cooking Oil for manufacture of Bio-diesel for Export. The Board, after deliberations, decided to approve the proposal subject to the condition that:- i. The imported cooking oil shall be exclusively used for manufacturing of Biodiesel and export thereof. ii. Clearance of imported used cooking oil to DTA shall not be allowed. BOA directed that DC shall ensure compliance of the above conditions by the unit. 93.5(iv) Writ Petition (Civil) No. 13841/2018 filed by M/s Jagat Gems and Jewellery Vs Union of India and others before the Hon'ble High Court of Delhi. The Board, after deliberations, decided to grant an extension of three years extendable upto five years to the unit subject to annual review of milestones achieved and compliance of all regulatory aspects. 93.5(v) Request of M/s. Vedanta Limited - SEZ unit, at Jharsuguda, Odisha for local procurement of Calcined Petroleum Coke. The Board, after deliberations, approved the request of the unit. 93.5(vi) Proposal of M/s TPI Composites Inc. for setting up a manufacturing facility in Chennai adjacent to SIPCOT SEZ, Sriperumbudur. The Board, after deliberations, decided to defer the matter with the directions that the company should come up with a reasonable plan for a permanent solution, for an alternate access to the national highway which would not pass through the SEZ area, in consultation with the State Government within a reasonable time frame. Item No. 93.6 proposals for setting up of SEZ (two proposals) 93.6(i) Request of M/s. Tripura Industrial Development Corporation (TIDC) Limited for setting up of a Single Sector SEZ in Agro Based Food Processing at Pashim Jalefa, South Tripura District of Tripura Over an area of 16.35 Ha. The Board. after deliberations, decided to grant 'formal approval' to the proposal for setting up of a Single Sector SEZ in Agro Based Food Processing at Pashim Jalefa, South Tripura District of Tripura over an area of 16.35 Ha. 93. 6(ii) Request of M/s. Infosys Ltd. seeking Formal Approval for setting up a sector specific SEZ for IT/ITES at No. 138, Old Mahabalipuram Road, Sholinganallur, Kancheepuram District, Tamil Nadu over an area of 5.37 Ha (13.27 acres). The Board, after deliberations. approved the proposal for setting up of a sector specific Special Economic Zone for IT/ITES at No. 138, Old Mahabalipuram Road, Sholinganallur, Kancheepuram District, Tamil Naduover an area of 5.37 Ha (13.27 Acres). 93.7 proposals of the plastic recycling units and worn and used clothing units in KASEZ for renewal of their LOAs (as listed in Annexure A of agenda). 93.11 Proposals of the plastic recycling units and worn and used clothing units in Falta SEZ and plastic recycling unit in NSEZ for renewal of their LOAs (as listed in Annexure B of supplementary agenda). The Board, after deliberations, decided to grant an extension of validity of LoA for a period of six months, beyond 30.11.2019 i.e. upto 31.05.2020 to the listed plastic recycling units and worn and used clothing units in KASEZ, Falta SEZ and NSEZ. The Board directed to call a meeting with the Committee on policy for plastic recycling and worn and used clothing units to discuss the policy matters and while the policy provisions are deliberated, the physical exports of the units shall be assessed on annual basis. Decision on Supplementary Agenda Item No. 93.8 Setting up of SEZ (one proposal) 93.8 (i) Request of M/s. Infosys Ltd. seeking Formal Approval for setting up a sector specific SEZ for IT/ITES at Plot no. l, Rajiv Gandhi Infotech Park, Hinjewadi, Phase-I, Pune- 411057 over an area of 10 Ha. The Board, after deliberations. approved the proposal for setting up of a sector specific Special Economic Zone for IT/ITES at Plot No. 1, Rajiv Gandhi Infotech Park, Hinjewadi, Phase-I, Puneover an area of 10 Ha. Item No. 93.9 Request from Co-developer for amendment in LoA (one proposal) 93.9(i) Proposal of M/s. Arshiya Northern Projects Pvt. Ltd., Co-developer of Free Trade and Warehousing Zone of M/S. Arshiya Northern FTWZ Ltd. at Village Ibrahimpur, Junaidpur urf Maujpur, Tehsil Khurja, Distt. Bulandshahr (U.P.) for deletion of Warehouse No. 52 53 from its LOA dated 29.11.2018 The Board, after deliberations, approved the proposal of the co-developer for deletion of warehouse No. 52 53 from its LoA dated 29.11.2018. As such, the revised authorized operation of the co-developer will be Operation, maintenance and leasing of warehouse no.54 constructed on land admeasuring 1.18 hectare . Item No. 93.10 Miscellaneous Cases (4 cases) 93.10(i) Request of M/s Gujarat Credo Alumina Chemicals Pvt. Ltd. to permit consumption of non - BIS marked Caustic Soda Lye (4008 MT) imported vide B.E. No. 1001643 dated 14.05.2019, Qty 2008 DMT (4008LMT) for manufacturing of ATH, exclusively meant to be exported through SEZ Unit. The Board, after deliberations decided to defer the matter with the directions that DC, Adani Ports SEZ may furnish the detailed facts/clarifications to this Department and the request may be processed on file after taking comments from the Department of Revenue. 93.10 (ii) Request of M/s. Adani Power (Jharkhand) Ltd., a sector specific SEZ for power for grant of approval for authorized operations. The Board. noted that DC, FSEZ has sought for the approval of the BoA for the following authorized operations to be undertaken by the developer in the non-processing area: S. No. Name of the authorized activity No. of units Total area (in sqm.) 1. Residential units 234 flats Foot Print area 4,200 sq.m. 2. Retail outlets/Shops -- 65 3. Recreation facilities like club house, gymnasiums. Indoor/Outdoor games facilities -- 1,000 4. Health Care facilities -- 60 5. Studio type accommodation (Hostel) -- 700 6. Telecommunication and other communication facilities including television, internet connectivity, Wi-Fi and/or Wi- Max services -- -- 7. Parks -- 2,685 8. Car parking facilities for the residents (open area) -- 2,800 The Board, after deliberations, approved the proposal of the developer for the proposed authorized operations not covered in the default list contained in DoC's Instruction No. 50, dated 15.03.2010. subject to the condition that the authorized operations shall be available for use of the SEZ only and the same shall conform to the area restrictions and norms of the concerned local authorities for Floor Area Ratio or Floor Space Index as per Rule 11A of the SEZ Rules, 2006. 93.10 (iii) Proposal of M/s. B.V.H. Manufacturing India Private Ltd. seeking licensing rights for used clothing for their three projects in KASEZ The Board, after deliberations. decided to defer the matter and directed to deliberate the same during the meeting with the Committee on policy for plastic recycling and worn and used clothing units. 93.10 (iv) Request of M/s. TATA Consultancy Services Limited seeking formal approval for a Sector Specific SEZ for IT/ITES at Plot Nos: H-II/1B H-11/2 in SIPCOT IT Park, Siruseri, Kancheepuram District, Tamil Nadu over an area of 7.39 Ha (18.27 Acres) The Board, after deliberations. approved the proposal of the developer for 'formal approval for setting up of a sector specific Special Economic Zone for ITATES at Plot No. H-11/2. admeasuring the contiguous area of 10.25 acres (4.15 hectares). No SEZ related activity involving SEZ benefits / setting up of units etc., will be approved on the other plot H-11/1B unless the condition of contiguity is complied with by the developer as decided during the 92 nd meeting of BoA. The request for setting up of unit with an Initial Development Centre (IDC) is within the purview of the UAC, MEPZ. ****** ANNEXURE - I List of Participants for the Meeting of the Board of Approval for Special Economic Zones held on 15 th November, 2019 under the Chairmanship of Commerce Secretary, Department of Commerce. 1. Shri Anup Wadhawan, Chairman, BoA Commerce Secretary, Department of Commerce 2. Shri R.P. Goyal, Additional, DGFT 3. Shri Bidyut Behari Swain, Additional Secretary, Department of Commerce 4. Shri Senthil Nathan S, Deputy Secretary, Department of Commerce. 5. Shri Gulzar Ahmad Wani, DCIT (OSD), ITA-I, CBDT 6. Shri Ram Chander Sankhla, Pr. ADG, DGEP, M/o Finance 7. Sanjay Bansal, Addl. DGEP 8. Shri Saroj Kumar Behera, Addil Director, DGEP, CBIC 9. Shri Vijay Kumar Sharma, Consultant, Ministry of Shipping, New Delhi. 10. Shri Anil Kant Mishra, Research Assistant TCPO, Ministry of Urban Development, Vikas Bhawan, I.P. Estate, New Delhi 11. Shri Ashish Dutta, Deputy Secretary, DPIIT 12. Shri Prapul Umare, Assistant Director, M/o MSME 13. Shri Bhupesh Varma, Assistant legal Adviser, M/o Law and Justice, D/o Legal Affairs. 14. Shri G. Panmei, Deputy Legislative Council 15. Dr. (Mrs.) Urvashi Roul, GM, Coordination, PSIEC, New Delhi 16. Dr. S.R. Husain, TCPO, Wo Housing and Urban Affairs, New Delhi 17. Shri R.C. Dahra, Advisor, Industries Department, Haryana 18. Shri Vijay Kayarkar, Assistant Resident Commissioner, Govt. of Maharashtra Sadan. 19. Shri Mukesh Goyal Associate Architect, Noida Authority, Uttar Pradesh LIST OF DEVELOPMENT COMMISSIONERS 1. Dr. L.B. Singhal, Development Commissioner, Noida SEZ 2. Shri Shanmuga Sundram, Development Commissioner, MEPZ 3. Shri Meeta Rajivlochan, Development Commissioner, SEEPZ-SEZ 4. Dr. Amiya Chandra, Development Commissioner, KASEZ/ Adani Port SEC Mundra 5. Shri A. Rama Mohan Reddy, Development Commissioner, Visakhapatnam 6. Shri B.K. Panda, Development Commissioner, Falta SEZ 7. Shri S.K. Bansal, Development Commissioner, Indore SEZ 8. Shri G. Seetharam Reddy, Development Commissioner, APIIC, Visakhapatnam 9. Shri S. Sasi Kumar, Development Commissioner, Mangalore SEZ 10. Shri R. Muthuraj, Development Commissioner, Sri City SEZ 11. Shri Anil Kumar Choudhary, Development Commissioner, Dahej SEZ 12. Shri Virendra Singh, Development Commissioner, Surat SEZ, Gujarat 13. Shri A.K. Jha, Development Commissioner, Reliance SEZ, Gujarat 14. Shri Jay Karan Singh, Development Commissioner, Mihan SEZ, Nagpur. 15. Shri A.S. Naveen Kushalappa, Joint Development Commissioner, Cochin SEZ