Minutes of the 115th meeting of the Board of Approval for SEZs held on 17th June, 2023 in Chennai - SEZ - Minutes of the 115th meeting of the SEZ

Minutes of the 115th meeting of the Board of Approval for SEZs held on 17th June, 2023 in Chennai The One Hundred and Fourteenth (115th) meeting of the Board of Approval (BoA) for Special Economic Zones (SEZs) was held on 17th June, 2023 under the chairmanship of Shri Sunil Barthwal, Secretary, Department of Commerce, in Chennai through hybrid mode. The list of participants is annexed ( Annexure-I) . 115.1: Ratification of the minutes of the 114th meeting of the Board of Approval held on 15th April, 2023. The Board ratified the minutes of the 114th meeting of the BoA for SEZs held on 15th April, 2023. 115.2: Request for extension of validity of formal approval for developers (1 proposal) 115.2(i) Request of M/s. Nagaland Industrial Development Corporation Ltd. SEZ for extension of the validity period of the Formal Approval granted for setting up of a sector specific SEZ for Agro and Food Processing for a further period of 03 years beyond 02.12.2022. The Board, after deliberations, approved extension of validity of the Formal Approval for a further period of one year beyond 02.12.2022. Item No. 115.3: Requests for extension of validity of in-principle approval (2 proposals) 115.3(i) Request of M/s. NDR Infrastructure Private Ltd., Chennai, for second extension of validity period of In-Principle Approval granted for setting up of a Multi-Sector SEZ at Soorai Village Aayal Village, Sholingar Taluk, Ranipet Dist., TN over an area of 50.58 Ha, for a further period of one year beyond 30.06.2023. The Board, after deliberations, approved extension of validity of the In-Principle Approval for a further period of one year. 115.3(ii) Request of M/s. Magnus Infrastructure Ltd. for extension of validity period of In-Principle Approval granted for setting up of a Multi-Sector SEZ at Neidavoyal Village, Ponneri Taluk, Thiruvallur District, TN, over an area of 50.58 Ha, for a further period of one year beyond 30.06.2023. The Board, after deliberations, approved extension of validity of the In-Principle Approval for a further period one year. 115.4: Request for extension of LoA of unit (1 proposal) 115.4 (i) Request of M/s. Algolog Systems Pvt. Ltd., a Unit in Ansal IT City Parks Ltd., IT/ITES SEZ at Plot No. TZ-06, Tech zone, Greater Noida (U.P.) for extension of Letter of Approval for a further period of one year i.e., upto 31.03.2024. The Board, after deliberations, approved extension of validity of the LoA for a further period of one year. 115.5: Request for co-developer status (5 proposals) 115.5 (i) Request of M/s. Waystar Realty Private Limited, Ahmedabad for Co-Developer status within the processing Area in GIFT-Multi Services SEZ at Ratanpur, District Gandhinagar, Gujarat, developed by M/s. GIFT SEZ Limited. The Board, after deliberations, approved the proposal of M/s. Waystar Realty Private Limited, Ahmedabad for Development of SEZ building on Plot No. 15-F within the processing area in GIFT-SEZ, Gandhinagar, over an area of 7196 square meters (0.719 hectares) 50,066.15 square meters built-up area in accordance with the Co-developer agreements dated 23.03.2023 25.05.2023 entered into with the developer subject to standard terms and conditions as per the SEZ Act and Rules. Further, the Assessing Officer will have the right to examine the taxability of the income by way of lease rentals/down payment/premium etc. for the purpose of assessment under the prevalent Income-tax Act, 1961 and Income-tax Rules, 1962 as amended from time to time. The lease period shall be in accordance with DoC s Instruction No. 98 dated 29th August, 2019. 115.5 (ii) Request of M/S. Sreeka Builders Pvt. Ltd. for Co-Developer status in M/s. Phoenix Tech Zone Pvt. Ltd. SEZ, sy. No. 115/35 at Nanakramguda Village, Serilingampally Mandal, Telangana. The Board, after deliberations, deferred the proposal with direction to DC, VSEZ to re-examine the proposal in greater detail including aspects such as business model, capital employed, equity holding, net worth of co-developer, actual status of the company and its parent company, etc. 1 15.5 (iii) Request of M/s. Sreeka Infra Pvt. Ltd. for Co-Developer status in M/s. Phoenix Tech Zone Pvt. Ltd SEZ, Sy. No. 115/35 at Nanakramguda Village, Serilingampally Mandal, Telangana. The Board, after deliberations, deferred the proposal with direction to DC, VSEZ to re-examine the proposal in greater detail including aspects such as business model, capital employed, equity holding, net worth of co-developer, actual status of the company and its parent company, etc. 115.5(iv) Request of M/s Evermark SEZ Developers Pvt. Ltd. for Co-Developer status in M/s. Phoenix Tech Zone Pvt. Ltd SEZ, Sy. No. 115/35 at Nanakramguda Village, Serilingampally Mandal, Telangana. The Board, after deliberations, deferred the proposal with direction to DC, VSEZ to re-examine the proposal in greater detail including aspects such as business model, capital employed, equity holding, net worth of co-developer, actual status of the company and its parent company, etc. 1 15.5(v) Request of M/s Evermark Spaces Pvt. Ltd. for Co-Developer status in M/s. Phoenix Tech Zone Pvt. Ltd SEZ, Sy. No. 115/35 at Nanakramguda Village, Serilingampally Mandal, Telangana. The Board, after deliberations, deferred the proposal with direction to DC, VSEZ to re-examine the proposal in greater detail including aspects such as business model, capital employed, equity holding, net worth of co-developer, actual status of the company and its parent company, etc. 115.6: Request for addition area approval of co-developer (8 proposals) 115.6(i) Request of M/s. Bakeri Residences LLP for amendment in area by addition of space in Co-Developer Approval of Residential Building in the dual use nonprocessing Area in GIFT-Multi Services SEZ at Ratanpur, District Gandhinagar, Gujarat, developed by M/s. GIFT SEZ Limited. The Board, after deliberations, approved the proposal of M/s. Bakeri Residences LLP for an additional basement area of 558 sq mtrs to the already approved 6503 sq. rntrs, approx 94000 Sq.Mtrs (Built up area) in accordance with the Co-developer agreement dated 26.05.2023 entered into with the developer subject to standard terms and conditions as per the SEZ Act and Rules. Further, the Assessing Officer will have the right to examine the taxability of the income by way of lease rentals/down payment/premium etc. for the purpose of assessment under the prevalent Income-tax Act, 1961 and Income-tax Rules, 1962 as amended from time to time. The lease period shall be in accordance with DoC s Instruction No. 98 dated 29th August, 2019. Furthermore, the area restrictions for duty paid shall be as per the Rule 11A(3)(c) of the SEZ Rules, 2006. The other conditions of the LoA shall remain the same. 115.6(ii) Request of M/s. savvy ATS Realty LLP, GIFT-Multi-Services-SEZ, Gandhinagar for amendment in area by addition of space in Co-Developer Approval of Residential Building in the dual use non-processing Area in GIFT-Multi Services SEZ at Ratanpur, District Gandhinagar, Gujarat, developed by M/s. GIFT SEZ Limited. The Board, after deliberations, approved the proposal of M/S. Savvy ATS Realty LLP for addition/increase of 1020 square meters to accommodate movement of fire tender and parking area in accordance with the Co-developer agreement dated 23.03.2023 entered into with the developer subject to standard terms and conditions as per the SEZ Act and Rules. Further, the Assessing Officer will have the right to examine the taxability of the income by way of lease rentals/down payment/premium etc. for the purpose of assessment under the prevalent Income-tax Act, 1961 and Income-tax Rules, 1962 as amended from time to time. The lease period shall be in accordance with DoC s Instruction No. 98 dated 29th August, 2019. Furthermore, the area restrictions for duty paid shall be as per the Rule 11A(3)(c) of the SEZ Rules, 2006. The other conditions of the LoA shall remain the same. 115.6(iii) Request of M/s. Junomoneta International (IFSC) Private Limited, Gandhinagar for addition of space in the approval as a Co-Developer within the processing Area of GIFT-Multi Services SEZ at Ratanpur, District Gandhinagar, Gujarat, developed by M/s. GIFT SEZ Limited. The Board observed incongruity in the proposed investment and net-worth of the Codeveloper. Accordingly, the Board, after deliberations, deferred the proposal with direction to DC, GIFT SEZ to re-examine the proposal in greater detail. 115.6(iv) Request of M/s. Cybage Software (Private) Limited, Gandhinagar for addition of space in the approval as a Co-Developer within the processing Area of GIFT-Multi Services SEZ at Ratanpur, District Gandhinagar, Gujarat, developed by M/s. GIFT SEZ Limited. The Board, after deliberations, approved the proposal of Ws. Cybage Software (Private) Limited for addition of 4789.94 square feet for basement parking area 7531.46 square feet for other utilities) in accordance with the Co-developer agreement dated 13.04.2023 entered into with the developer subject to standard terms and conditions as per the SEZ Act and Rules. Further, the Assessing Officer will have the right to examine the taxability of the income by way of lease rentals/down payment/premium etc. for the purpose of assessment under the prevalent Income-tax Act, 1961 and Income-tax Rules, 1962 as amended from time to time. The lease period shall be in accordance with DoC s Instruction No. 98 dated 29th August, 2019. The other conditions of the LOA shall remain the same. 115.6(v) Request of M/s. Rajyash Projects LLP, Ahmedabad for addition of space in the approval as a Co-Developer within the processing Area of GIFT-Multi Services SEZ at Ratanpur, District Gandhinagar, Gujarat, developed by M/s. GIFT SEZ Limited. The Board, after deliberations, approved the proposal of M/s. Rajyash Projects LLP for addition of 242 square meters of land area for basement parking area, by which there shall be increase in built-up area from 1,20,000 square feet to 1,64,500 square feet an increase of 44,500 square feet of built-up area to accommodate the parking area in accordance with the Co-developer agreement dated 03.04.2023 entered into with the developer subject to standard terms and conditions as per the SEZ Act and Rules. Further, the Assessing Officer will have the right to examine the taxability of the income by way of lease rentals/down payment/premium etc. for the purpose of assessment under the prevalent Income-tax Act, 1961 and Income-tax Rules, 1962 as amended from time to time. The lease period shall be in accordance with DoCs Instruction No. 98 dated 29th August, 2019. The other conditions of the LoA shall remain the same. 115.6(vi) Request of M/s. Shivalik Jhanvi Infraspace LLP, Ahmedabad for addition of space in the approval as a Co-Developer within the dual use non-processing Area of GIFT-Multi Services SEZ at Ratanpur, District Gandhinagar, Gujarat, developed by M/s. GIFT SEZ Limited. The Board observed incongruity in the proposed investment and net-worth of the Codeveloper. Accordingly, the Board, after deliberations, deferred the proposal with direction to DC, GIFT SEZ to re-examine the proposal in greater detail. 115.6(vii) Request of M/s. MariApps Marine Solutions India Private Limited for taking additional land area admeasuring 0.3966 Ha (98 cents) on lease basis from the developer M/s. SmartCity (Kochi) Infrastructure Pvt. Ltd., IT/ITES SEZ at Block - 09, Kakkanad Village, Kanayanoor Taluk, Ernakulam District, Kerala. The Board, after deliberations, approved the proposal of M/s. MariApps Marine Solutions India Private Limited for additional area [i.e., 0.3966 Ha (98 cents)] for construction of Multi-Level Car Parking to shift the existing Car Parking facilities at Phase-I Building and convert the same to office space in accordance with the Co-developer agreement dated 26.05.2023 entered into with the developer subject to standard terms and conditions as per the SEZ Act and Rules. Further, the Assessing Officer will have the right to examine the taxability of the income by way of lease rentals/down payment/premium etc. for the purpose of assessment under the prevalent Income-tax Act, 1961 and Income-tax Rules, 1962 as amended from time to time. The lease period shall be in accordance with DoC s Instruction No. 98 dated 29th August, 2019. The other conditions of the LOA shall remain the same. 115.6(viii) Request of M/s. ANSR Global Corporation Pvt. Ltd. for increase in area of their co-developer area in M/S. Phoenix Tech Zone Pvt. Ltd. at Sy. No. 203(P), Manikoda Village, Rajendra Nagar Mandal, Telangana The Board, after deliberations, approved the proposal of M/s. ANSR Global Corporation Pvt. Ltd. for additional area 0.52 Ha (55,538 sq. ft.) to undertake the authorized operations of conversion of warm shell buildings into fully fitted office space and to lease built up space in the SEZ as contracted in accordance with the Co-developer agreement dated 12.12.2022 26.05.2023 entered into with the developer subject to standard terms and conditions as per the SEZ Act and Rules. Further, the Assessing Officer will have the right to examine the taxability of the income by way of lease rentals/down payment/premium etc. for the purpose of assessment under the prevalent Income-tax Act, 1961 and Income-tax Rules, 1962 as amended from time to time. The lease period shall be in accordance with DoC s Instruction No. 98 dated 29th August, 2019. The other conditions of the LoA shall remain the same. 115.7: Cancellation of Co-developer status (2 proposals) 115.7(i) Request of M/S. Embassy Services Private Limited for cancellation of Co-Developer status granted in M/s. Saltire Developers Limited SEZ at Outer Ring Road, Rachanahalli Village, Nagavara, Bangalore, Karnataka. The Board, after deliberations, approved the proposal. 115.7(ii) Request of M/s. Moser Baer Infrastructure and Developers Ltd. for Cancellation of Co-Developer status granted in M/s. SIPCOT Hitech, SEZ at Oragadam, Chennai. The Board, after deliberations, approved the proposal. 115.8: Request for Setting up of new SEZ (2 proposals) 115.8(i) Request of M/s. State Industries Promotion Corporation of Tamil Nadu Limited (SIPCOT) for setting up of a Multi-Sector SEZ at A Sathanur Village, Ullundurpet Taluk, Kallakurichi District, Tamil Nadu over an area of 77.0950 Ha (190.50 Acres). The Board, after deliberations, approved the proposal. 115.8(ii) Request of M/s. State Industries Promotion Corporation of Tamil Nadu Limited (SIPCOT) for setting up of a Multi-Sector SEZ at Panapakkam Village, Ranipet District, Tamil Nadu over an area of 52.20 Ha (129 acres). The Board, after deliberations, approved the proposal. 115.9: Renewal of LoA of plastic recycling units (1 case) 115.9(i) Renewal of LoA of remaining plastic units in Kandla SEZ for a period of five years. The report submitted by DC, Kandla SEZ was noted by the Board. Further, the Board directed DCs of KASEZ, FSEZ and NSEZ to monitor and take necessary action against the similar units who fail to fulfil the DoC s policy dated 27.05.2021. 115.10: Request for Industrial License (1 proposal) 115.0(i) Proposal for grant of Industrial License under IDR Act, 1951 M/s DCX Systems Limited, SEZ unit under CSEZ. The Board noted that M/s. DCX Systems Limited (SEZ unit under CSEZ) had applied for Industrial License under IDR Act, 1951 for manufacturing of the following items: i. Sub Module for communication equipment including Antenna ii. Microwave components and Modules for RADAR and EW subsystems iii. Assembly and Testing of Microwave Modules Further, D/o of Defence Production informed that the item No. (iii) namely Assembly and Testing of Microwave Modules is already covered under item No. (ii). Therefore, no separate license is required for the same. Accordingly, the Board, after deliberations, approved the proposal of the Unit in respect of the Item Nos. (i) and (ii) subject to the following terms and conditions: - i. Obtaining other relevant clearances from any other statutory/regulatory bodies and ii. Stipulations with respect to the monitoring, security audit, other compliance verification mechanisms and consequential requirements as per the Security Manual issued by Department of Defence Production shall be undertaken by Ministry of Defence and Ministry of Home Affairs as specified in the said Manual who shall be informed of the same. Decision on Supplementary Agenda 115.11: Request for extension of LoA of unit (1 proposal) 115.11(i) Request of M/s. Trendesign Technical Center Pvt. Ltd., a Unit in Mahindra World City (Jaipur) Limited, Multi-Product SEZ at village Kalwara, Tehsil Sanganer, Jaipur (Rajasthan) for extension of Letter of Approval from 20.12.2020 upto 19.12.2023. The Board, after deliberations, approved extension of validity of LoA upto 19.12.2023 by regularization of the intervening period from 20.12.2020. 115.12: Request for addition area approval of co-developer (2 proposals) 115.12(i) Request of M/s. Shilp Infraprojects LLP for amendment in area by addition of space in Co-Developer Approval of Residential Building in the dual use non-processing Area in GIFT-Multi Services SEZ at Ratanpur, District Gandhinagar, Gujarat, developed by M/s. GIFT SEZ Limited. The Board, after deliberations, approved the proposal of Ws. Shilp Infra-projects LLP for addition of 367 square meters) for fire driveway at grade level and parking at below grade level ( Additional Basement Extent ) and 1 146 square meters Appurtenant land below grade level beyond basement extent( Additional Land ) for Development of a Residential Building on building footprint No. 25B 25C, Block 25 in the dual use Non-Processing Area of GIFT SEZ (Residential Sub-Project) in accordance with the Co-developer agreement dated 07.06.2023 entered into with the developer subject to standard terms and conditions as per the SEZ Act and Rules. Further, the Assessing Officer will have the right to examine the taxability of the income by way of lease rentals/down payment/premium etc. for the purpose of assessment under the prevalent Income-tax Act, 1961 and Income-tax Rules, 1962 as amended from time to time. The lease period shall be in accordance with DoC s Instruction No. 98 dated 29th August, 2019. The other conditions of the LoA shall remain the same. 115.12(ii) Request of M/s. Shilp Infra-projects LLP for amendment in area by addition of space in Co-Developer Approval for development of incubation structure in processing Area in GIFT-Multi Services SEZ at Ratanpur, District Gandhinagar, Gujarat, developed by M/s. GIFT SEZ Limited. The Board, after deliberations, approved the proposal of M/s. Shilp Infra-projects LLP for addition of 2330 square meters [totalling 4830 (2500+2330) square meters] for temporary structure at Plot Nos. 11T3 11T5, Block 11 in the Processing Area of GIFT SEZ in accordance with the Co-developer agreement dated 08.05.2023 entered into with the developer subject to standard terms and conditions as per the SEZ Act and Rules. Further, the Assessing Officer will have the right to examine the taxability of the income by way of lease rentals/down payment/premium etc. for the purpose of assessment under the prevalent Income-tax Act, 1961 and Income-tax Rules, 1962 as amended from time to time. The lease period shall be in accordance with DoC s Instruction No. 98 dated 29th August, 2019. The other conditions of the LoA shall remain the same. 115.13: Appeal (2 cases) 115.13(i) Appeal filed by M/s. Sehar Overseas against the UAC decision regarding rejection of application for inclusion of additional items in their LoA without mentioning sufficient and appropriate reasons. The Board heard the appellant and, after deliberations, remanded the matter back to DC, Noida SEZ with direction to give a personal hearing to the appellant, take appropriate decision through UAC and pass a detailed speaking order based on findings. 115.13(ii) Appeal filed by M/s. Plastic Processors Exporter Pvt. Ltd. against the Order dated 21.04.2023 issued by DDC, Noida SEZ regarding non-renewal of their LoA. The Board heard the appellant and, after deliberations, advised the appellant to submit their written submissions to the Department. Further, the Board decided to take up the appeal for further discussion and decision in the next BoA after duly considering all materials on record including further written submission, if any, that might be filed by the appellant. Decision on Supplementary Agenda II 115.14: Request for Setting up of new SEZ (1 proposal) 115.14(i) Request of M/s. Larsen Toubro Limited for setting up of an IT/ITES SEZ at Ramapuram village, Maduravoyal Taluk, Chennai, Tamil Nadu over an area of 0.9190 Ha (2.2711 Acres). The Board, after deliberations, approved the proposal. ANNEXURE - 1 List of Participants for the Meeting of the Board of Approval for Special Economic Zones held on 17th June, 2023 in Chennai under the Chairmanship of Commerce Secretary, Department of Commerce. 1 . Shri Sunil Barthwal, BoA Commerce Secretary, Department of Commerce 2. Shri Santosh Kumar Sarangi, DG, DGFT 3. Shri Vipul Bansal, Joint Secretary, Department of Commerce 4. Shri Senthil Nathan S, Deputy Secretary, Department of Commerce. 5. Smt. P Hemalatha, Development Commissioner, CSEZ 6. Shri Bipin Menon, Development Commissioner, NSEZ, Noida 7. Shri Satish Kumar, Development Commissioner, FSEZ 8. Shri M. Srinivas, Development Commissioner, VSEZ 9. Shri Dinesh Singh, Development Commissioner, KASEZ 10. Smt. Roshni Aparanji Korati, Joint Development Commissioner, VSEZ 11. Shri Marut Tripathi, Joint Development Commissioner, KASEZ 12. Shri Chetan Verma, Specified Officer, GIFT SEZ List of participants connected with Video Conferencing: - 1 . Shri Roshan Lai, Addl., DG, DGEP 2. Smt. Harbinder Kaur Prasad, ADG, EoU, EP 3. Shri Vikas Singh, Director, ITA-I, CBDT 4. Shri Amiya Chandra, Development Commissioner, APSEZ 5. Dr. V. Sraman, Development Commissioner, Mihan SEZ 6. Shri Suvidh Shah, Development Commissioner, Indore SEZ 7. Shri Virendra Singh, Development Commissioner, Surat SEZ, Gujarat 8. Shri C.P.S. Chauhan, Joint Development Commissioner, SEEPZ SEZ 9. Shri Virender Singh, ALC, Ministry of Law and Justice 10. Shri Anil Kant Mishra, Research Assistant TCPO, Ministry of Housing Urban Affairs