Minutes of the 96th meeting of the. Board of Approval for SEZ held on 26th February, 2020 to consider setting up of Special Economic Zones and other miscellaneous proposals - SEZ - Minutes of the 96th meeting of the SEZ

Minutes of the 96th meeting of the Board of Approval for SEZs held on 26th February, 2020 The Ninety-sixth (96th) meeting of the Board of Approval (BoA) for Special Economic Zones (SEZs) was held on 26th February, 2020 under the chairmanship of Shri Anup Wadhawan, Secretary, Department of Commerce, at 11.30 A.M. in Room No. 108, Udyog Bhawan, New Delhi. The list of participants is annexed (Annexure-I). Item No. 96.1: Confirmation of minutes of the meeting of the 95th BoA held on 14th February, 2020. The minutes of the 95th meeting of the BoA will be put up for ratification in the next BoA. 96.2 Request for co-developer status (Three proposals) 96.2(i) Request of M/s. Phoenix SEZ Developers Pvt. Ltd for co-developer status in the M/s. Phoenix Tech Zone Pvt. Ltd SEZ at Sy. No. 203 (P), Manikonda Village, Rajendra Nagar Mandal, Ranga Reddy District, Telangana for development, operation and maintenance of the SEZ and other activities. The Board, after deliberations, approved the proposal of M/s. Phoenix SEZ Developers Pvt. Ltd to develop the proposed space within the land leased out by the developer and operate and maintain the same, over an area of 3.81 acres (1.54 hectares) in accordance with the co-developer agreement dated 30.01.2020, subject to compliance with relevant provisions of SEZ Act. The Co-developer shall seek all requisite approval of the designated authority for their activities. 96.2(ii) Request of M/s. HAAAS Corporation Pvt. Ltd for co-developer status in the M/s. Maharashtra Airport Development Corporation Ltd. (MIHAN) SEZ at Nagpur, Maharashtra The Board, after deliberations, approved the proposal of M/s. HAAAS Corporation Pvt. Ltd. to develop the project as SEZ Co-Developer instead of SEZ Unit for setting up infrastructural facilities for IT IT Enabled Services Unit and associated infrastructure facilities and service required for upkeep, maintenance and repair of common area facilities etc in accordance with the co-developer agreement dated 10.09.2019 entered into with the developer subject to the exit of the unit after paying all dues to the satisfaction of Development Commissioner and also subject to compliance of the relevant provisions of SEZ Act. 96.2(iii) Request of M/s. WTC Trades Projects Pvt. Ltd. for co-developer status in M/s Perungudi Real Estates Private Limited SEZ a sector specific SEZ for IT/ITES at OMR Road, Perungudi, Chennai, Tamil Nadu The Board, after deliberations, approved the proposal of M/s. WTC Trades Projects Pvt. Ltd. for the following operations in accordance with the co-developer agreement entered into with the developer on 30.01.2020 subject to the entity obtaining all requisite approvals from the designated authority and also subject to compliance with relevant provisions of SEZ Act. Engineering maintenance including electrical and mechanical works, heating, ventilation and air conditioning (HVAC) systems, fire detection and alarm systems, water supply, storm drainage and sewage disposal, building upkeep services including maintenance of lift, lobby, conference hall, parking area utility area, garbage and scrap disposal, horticulture, pest control, facade cleaning services. Security services Fire and life safety measures Generation and supply of back up electricity and supply of chilled water Trade Promotional activities Item No. 96.3 Setting up of new SEZ (Three proposals) 96.3(i) Request of M/s. DLF Limited for formal approval for setting up an IT/ITES SEZ (SEZ-I) over an area of 23.345 hectares at Village Bandhwari, Tehsil-Wazirabad, Distt- Gurugram (Haryana). The Board, after deliberations, approved the proposal for setting up of a sector specific Special Economic zone for IT/ITES (SEZ-I) at Village Bandhwari, Tehsil- Wazirabad, Distt-Gurugram (Haryana) over an area of 23.345 Ha. subject to the condition that the LoA for setting up of units would be issued only after the requirement of contiguity of the SEZ is fulfilled by the developer as per the relevant rules and instructions. 96.3(ii) Request of M/s. DLF Limited for formal approval for setting up an IT/ITES SEZ (SEZ-II) over an area of 23.978 hectares at Village Bandhwari, Tehsil-Wazirabad, Distt- Gurugram (Haryana). The Board, after deliberations, approved the proposal for setting up of a sector specific Special Economic Zone for IT/ITES (SEZ-II) at Village Bandhwari, Tehsil- Wazirabad, Distt-Gurugram (Haryana) over an area of 23.978 Ha. subject to the condition that the LoA for setting up of units would be issued only after the requirement of contiguity of the SEZ is fulfilled by the developer as per the relevant rules and instructions. 96.3(iii) Request of M/s. Tata Consultancy Services Limited for grant of formal approval for setting up a Information Technology/ Information Technology Enabled Services SEZ over an area of 19.90 hectares at Plot No. 1, Sector-157, Noida (Uttar Pradesh). The Board, after deliberations, approved the proposal for setting up of a sector specific Special Economic Zone for IT/ITES at Plot No. 1, Sector-157, Noida (Uttar Pradesh) over an area of 19.90 Ha. 96.4 Proposal for addition in area of SEZ (one proposal) 96.4(i) Request of M/s. Larsen Toubro Limited, an SEZ for IT/ITES sector at Hebbal- Hootagalli, Mysore for increase in area of 2.01 Ha (beyond 10%) to their existing notified SEZ over 10 Ha. The Board, after deliberations, decided to approve the proposal for increase in area of 2.01 hectares. 96.5 Proposal for change in Shareholding Pattern (one proposal) 96.5(i) Request of M/s. Sri City Pvt. Ltd. Developer a Multi-Product SEZ at Satyavedu and Varadayyapalem Mandals, Chittoor District, 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. 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. 96.6: Miscellaneous cases (Five proposals) 96.6(i) Request of M/s. Fermenta Biotech Limited a unit in Dahej SEZ for procurement of restricted items for their unit for setting up and repairing of infrastructure facility in terms of Rule 27 of SEZ Rules, 2006. The Board, after deliberations, decided to approve the proposal subject to the condition that the allowed items are actually used in the unit. 96.6(ii) Request of M/s. Tatva Chintan PharmaChem Pvt. Ltd. a unit in Dahej SEZ for procurement of restricted items for SEZ unit Infrastructure development repairing facility in terms of SEZ Rule 27 of Rule 2006. The Board, after deliberations, decided to approve the proposal subject to the condition that the allowed items are actually used in the unit. 96.6(iii) Request of M/s. Shiva Pharmachem Limited, a unit in Dahej SEZ for procurement of restricted items for SEZ unit for setting up, expansion repairing of Infrastructure facility in terms of SEZ Rule 27 of Rule 2006. The Board, after deliberations, decided to approve the proposal subject to the condition that the allowed items are actually used in the unit. 96.6(iv) Request of M/s. Torrent Pharmaceuticals Ltd., a unit in Dahej SEZ for procurement of restricted items for SEZ unit for setting up repairing of Infrastructure facility in terms of SEZ Rule 27 of Rule 2006. The Board, after deliberations, decided to approve the proposal subject to the condition that the allowed items are actually used in the unit. 96.6(v) Irregularities and compliance issues in the port based SEZ developed by Cochin Port Trust in Puthuvypeen, Ernakulam, District, Kerala. The Board, after deliberations, decided the following : i. Exit of GAIL as a unit from SEZ and the de-notification of area occupied by it are joint activities. In pursuance of the direction of the High Court of Kerala, BoA directed the DC, CSEZ to allow M/s GAIL exit as a unit from the SEZ scheme after repaying the duty benefits, if any, availed by them. ii. Thereafter, DC, CSEZ shall process the request of the developer, if any, for denotification of the area occupied by M/s GAIL. If no such request has been received, DC may take up the matter with the Developer in the light of the request made by M/s GAIL and direction of the High Court in this regard. iii. BoA granted in-principle approval to the recommendation of the DC, CSEZ for providing a time period of one year to the Developer to bring another Unit having direct relationship with the activities of Developer/ Co-Developers in the SEZ to render it operational. iv. Till such time a new Unit is brought in, the Developer/Co-Developers shall not be allowed any duty-free procurement/import. v. BoA directed DC, CSEZ to ensure that the Developer constructs a compound wall for maintaining contiguity of the entire area of the Zone before it becomes operational again. ***** ANNEXURE - I List of Participants for the Meeting of the Board of Approval for Special Economic Zones held on 26th February, 2020 under the Chairmanship of Commerce Secretary, Department of Commerce. l. Shri Anup Wadhawan, Chairman, BoA Commerce Secretary, Department of Commerce 2. Shri Amit Yadav, DG, 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, US (ITA-I), CBDT 6. Shri Saroj Kumar Behera, Additional Commissioner, DGEP. 7. Shri Ram Chancier Sankula, Pr. ADG, DGEP/CBIC. 8. Shri Ashish Dutta, Dy. Secretary, DPIIT 9. Shri Arvind Chaudhary, Director, Wo Shipping. 10. Shri Anil Kant Mishra, Research Assistant TCPO, Ministry of Urban Development, Vikas Bhawan, I.P. Estate, New Delhi 11. Shri Vijay Sharma, Director, Wo Petroleum Natural Gas, New Delhi 12. Dr. S.K. Husain, Research Officer, TCPO/ M/o HUA 13. Shri Brij Pal, Assistant Director, Industries Commerce, Govt. of Haryana 14. Shri G. Panmei, Deputy Legislative Council, D/o Legislative Department, Shastri Bhawan. 15. Shri A.K. Dham, Liaison officer, Govt. of Odisha Niwas, New Delhi 16. Shri G. Vaidyanathan Chief Engineer, Cochin Port Trust. Cochin 17. Shri Parmeshwar, General Manager, CCPG-Engg), Indian Oil Corporation Ltd, Mumbai 18. Shri S. Dhanapandians, Chief General Manager (LPG) Kerala, State Office, , Indian Oil Corporation Ltd, Kochi LIST OF DEVELOPMENT COMMISSIONERS 1. Dr. L.B. Singhal, Development Commissioner, Noida SEZ 2. Dr. Amiya Chandra, Development Commissioner, KASEZ/ Adani Port SEZ, Mundra 3. Shri A. Rama Mohan Reddy, Development Commissioner, Visakhapatnam SEZ. 4. Dr. B.K. Development Commissioner, Falta SEZ 5. Shri R. Muthuraj, Development Commissioner, Sri City SEZ 6. Shri Anil Kumar Choudhary, Development Commissioner, Dahej SEZ 7. Shri A.K. Jha, Development Commissioner, Reliance SEZ, Jamnagar, Gujarat 8. Shri Jay Karan Singh, Development Commissioner, Mihan SEZ, Nagpur. 9. Shri D. Anandan, Joint Development Commissioner, Madras SEZ 10. Shri C.P.S. Chauhan, Joint Development Commissioner, SEEPZ- SEZ 11. Shri Saju K Surendran, Deputy Development Commissioner, Cochin SEZ