Minutes of the 97th meeting of the Board of Approval for SEZ held on 20th March, 2020 to consider setting up of Special Economic Zones and other miscellaneous proposals - SEZ - Minutes of the 97th meeting of the SEZ

Minutes of the 97 th meeting of the Board of Approval for SEZs held on 20th March, 2020 The Ninety-seventh (97 th meeting of the Board of Approval (BoA) for Special Economic Zones (SEZs) was held on 20th March, 2020 under the chairmanship of Shri Anup Wadhawan, Secretary, Department of Commerce, at 11.00 A.M. in Room No. 141, Udyog Bhawan, New Delhi. The list of participants is annexed (Annexure-1). Item No. 97.1: Confirmation of minutes of the meetings of the 95th and 96th BoA held on 14th February, 2020 and 26th February, 2020 respectively. The Board took note of DGEP s O.M. no. DGEP/SEZ/10/2020 dated 19.03.2020 (Copy attached) in connection to their observations in respect of Agenda item no. 95.12(i) of the 95th BoA pertaining to the request of M/s NDR Infrastructure Pvt. Ltd. for formal approval for setting up of FTWZ at Nandiyambakkam Village, Minjur Panchayat, Ponneri Taluk, Tiruvallur District, Tamil Nadu and directed to obtain views of Department of Legal Affairs on this item. The Board, after deliberations, decided that a decision on item no. 95.12(i) will be taken on file based on the confirmation from the Department of Legal Affairs and the minutes of the meeting of the 95th BoA stands amended to the said extent. Accordingly, the hoard, ratified the minutes of the 95th and 96 th BoA with the above amendment. 97.2 Proposal for change in Shareholding Pattern/change of name 97.2(i) Request of M/s. DLF Info City Hyderabad Ltd, IT/ITES SEZ at Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, Telangana for change in shareholding pattern of their 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 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 97.2(ii) Request of M/s Vikas Telecom Pvt. Ltd developer of Vikas Telecom Pvt. Ltd. SEZ, Embassy Tech Village, Bangalore for amendment in approval of change in shareholding pattern. The Board, after deliberations, approved the proposal for amendment in the name of the shareholder in the already approved change in shareholding pattern 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. 97.2(iii) Request of M/s MN Industrial Parks Private Limited, Co-developer of M/s Brandix India Apparel City Pvt. Ltd. for change of name from M/s MN Industrial Parks Pvt. Ltd. to INDIP Industrial Parks (Vizag) Private Limited. The Board, after deliberations, approved the proposal for change of name from M/s MN Industrial Parks Pvt. Ltd. to INDIP Industrial Parks (Vizag) Private Limited with the following conditions: - i. Seamless continuity of the SEZ activities with unaltered esponsibilities 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. 97.3 Miscellaneous cases 97.3(i) Request of M/s. BA Continuum India Private Limited, a unit in GIFT-Multi-services-SEZ, Gandhinagar, for permission to procure Sand from DTA units as prescribed under Rule-27 (1) of the SEZ Rules, 2006. The Board, after deliberations, decided to approve the proposal subject to the condition that the allowed items are actually used by the unit and environmental obligations are met. 97.3(ii) Request of MIs. ATS Savvy Developers LLP, Co-Developer in GIFT SEZ for permission to procure Sand from DTA units as prescribed under Rule-27 (1) of the SEZ Rules, 2006. The Board, after deliberations, decided to approve the proposal subject to the condition that the allowed items are actually used by the unit and environmental obligations are met. 97.3(iii) Request of M/s. PI Industries Ltd., SPM-29/2, Sterling SEZ, AT PO, Sarod, TA-Jambusar, Dist-Bharuch, Gujarat for procurement of raw material i.e. Chlorodifluoromethane which is a restricted item from DTA units. The Board, after deliberations, decided to approve the proposal subject to the condition that the allowed raw material, i.e, Chlorodifluoromethane, is actually used by the unit only for manufacturing purpose and not for refrigeration. 97.3 (iv) Request of M/s. TPI Composites Inc. and Prospect One Manufacturing LLP for approval to use the SEZ road at SIPCOT Hi-Tech SEZ, Oragadam with the proposed improvements for a period of three years. The Board, after deliberations, decided to approve the proposal for a period of two years subject to necessary safeguards and monitoring. 97.4 Request for formal approval 97.4 (i) Request of M/s. TATA Consultancy Services Limited for formal approval and notification of its Sector Specific SEZ for IT/ITES at Plot Nos: H-11/B, H-11/IC H-11/2 in SIPCOT IT Park, Siruseri, Kancheepuram District, Tamil Nadu over an area of 7.67 Ha (18.94 Acres). The Board noted that the total proposed area of 7.67 Ha including Plot No. H-11/1B, H-11/1C H-11/2 meets the condition of contiguity and the possession has been taken over by the developer from M/s SIPCOT. The Board also noted that all the necessary documents, which were awaited have now been received. Accordingly, the Board, after deliberations, approved the proposal for setting up of a sector specific Special Economic Zone for IT/ITES at Plot Nos: H-11/1B, H-11/1C H-11/2 in SIPCOT IT Park, Siruseri, Kancheepuram District, Tamil Nadu over an area of 7.67 Ha. 97.4(ii) Request of M/s. Larsen Toubro Infotech Ltd. (LTI) for obtaining Formal Approval for setting up of a Sector Specific SEZ for IT/ITES at Plot No. EL-200(Part), TTC Industrial Area, Village Mahape, Navi Mumbai over an area of 2.098 hectares. The Board, after deliberations, approved the proposal for setting up of a sector specific Special Economic Zone for IT/ITES at Plot No. EL-200(Part), TTC Industrial Area, Village Mahape, Navi Mumbai over an area of 2.098 Ha. Decision on Supplementary Agenda 97.5(1) Request of M/s. The Tata Power Company Limited- SEZ Unit in the KIADB Aerospace Devenhalli, Bangalore, SEZ for extension of Letter of Permission (LOP) beyond 06th March 2020 for 2 Months i.e. till 30th April 2020. The Board, after deIiberations approved extension of the validity of the LoP up 30th April, 2020. 97.5(ii) Request of M/s. Steam Equipments Pvt. Ltd., a Unit in MIDC SEZ at Khandala PH-I(SEZ) Industrial Area, Village-Kesurdi, TaI.-Khandala, District Satara for extension of Letter of Permission (LoP) beyond 15.05.2019 to 14.05.2020. The Board, after deliberations, approved extension of the validity of the LoP up to 14 th May, 2020. ANNEXURE - I List of Participants for the Meeting of the Board of Approval for Special Economic Zones held on 20 th March, 2020 under the Chairmanship of Commerce Secretary, Department of Commerce. 1. Shri Anup Wadhawan, Chairman, BoA Commerce Secretary, Department of Commerce 2. Shri Bidyut Behari Swain, Additional Secretary, Department of Commerce 3. Dr. L.B. Singhal, Development Commissioner, Noida SEZ 4. Shri Amit Yadav, DG, DGFT 5. Shri Senthil Nathan S, Deputy Secretary, Department of Commerce. 6. Shri Saroj Kumar Behera, Additional Commissioner, DGEP. 7. Dr. S.K. Husain, Research Officer, TCPO/ M/o HUA 8. Shri M.K, Sardana, Coordinator BIPP Govt. of Haryana 9. Shri G. Panmei, Deputy Legislative Council, D/o Legislative Department, Shastri Bhawan. 10. Shri Lal Chand Dabara, Assistant Legal Adviser, D/o Legal Affairs, M/o Law Justice, Shastri Bhawan, List of participants who connected with Video Conferencing. 1 Dr. Amiya Chandra, Development Commissioner, KASEZ/ Adani Port SEZ, Mundra 2. Shri Shanmuga Sundram, Development Commissioner, MEPZ 3. Shri D.V. Swamy, Development Commissioner, SEZ 4. Shri A. Rama Mohan Reddy, Development Commissioner, Visakhapatnam SEZ. 5. Shri R. Muthuraj, Development Commissioner, Sri City SEZ 6. Shri Anil Kumar Choudhary, Development Commissioner, Dahej SEZ 7. Shri Virendra Singh, Development Commissioner, Surat SEZ, Gujarat 8. Shri D. Anandan, Joint Development Commissioner, Madras SEZ 9. Shri C.P.S. Chauhan, Joint Development Commissioner, SEEPZ- SPI