Minutes of the 124th meeting of the Board of Approval for SEZs held on 5th November, 2024 in Vanijya Bhawan, New Delhi - SEZ - Minutes of the 124th meeting of the SEZ

Minutes of the 124th meeting of the Board of Approval for SEZs held on 5 th November, 2024 in Vanijya Bhawan, New Delhi The One Hundred and Twenty-Fourth (124th) meeting of the Board of Approval (BoA) for Special Economic Zones (SEZs) was held on 5th November, 2024 under the chairmanship of Shri Sunil Barthwal, Secretary, Department of Commerce, at Vanijya Bhawan, New Delhi through hybrid mode. The list of participants is at Annexure-I. The item-wise decisions taken by the Board are as below: Item No. 124.1: Ratification of the minutes of the 123rd meeting of the Board of Approval for Special Economic Zones (SEZS) held on 04th October, 2024. The Board ratified the minutes of the 123rd meeting of the BoA for SEZs held on 4 th October, 2024. Item No. 124.2 Request for extension of validity of In-principle/Formal approval [3 proposals 124.2(i) to 124.2(iii)] 124.2(i) Proposal of M/s. Dahej SEZ Limited for extension of in- principal approval granted for setting up of a Multi-Sector SEZ at Pakhajan, Tal. Vagra, Dist. Bharuch, Gujarat over an area of 650 Ha. The Board, after deliberations, granted extension of validity of the In-Principle Approval for a further period of one year, i.e., upto 02.11.2025. 124.2(ii) Proposal of M/s. Venkatesh Coke Power Ltd. for extension of the validity of Formal Approval granted for setting up an FTWZ at Athipattu, Nandiambakkam and Puludivakkam Villages, Ponneri, Thiruvalur District, Tamil Nadu over an area of 42.84 Ha. The Board, after deliberations, granted extension of validity of LoA for a further period of one year, i.e., upto 02.10.2025. 124.2(iii) Proposal of M/s. Nagaland Industrial Development Corporation Ltd. SEZ for further extension of the validity period of formal approval, granted for setting up of Agro Food Processing Sector at IDC House, Opp. Super Market, Dimapur, Nagaland, beyond 02.12.2024. The Board, after deliberations, granted extension of validity of LoA for a further period of one year, i.e., upto 02.12.2025. Item No. 124.3 Request for extension of LoA of SEZ Unit [1 proposal 124.3(i)] 124.3(i) Proposal of M/s. Anthea Aromatics Private Limited, a Unit in Mangalore SEZ, Karnataka for extension of Letter of Approval beyond 30 th October 2024. The Board, after deliberations, granted extension of validity of LoA for a further period of one year, i.e., upto 30.10.2025. Item No. 124.4 Request for Co-developer status [2 proposals 124.4(i) and 124.4(ii)] 124.4(i) Proposal of M/s. Patanjali Ayurved Limited for Co-developer status in M/s. MIHAN SEZ at Plot No. 15,16 18, Sector - 12A, Nagpur. The Board, after deliberations, approved the proposal of M/s. Patanjali Ayurved Limited for Co-developer status in the MIHAN SEZ at Plot No. 15,16 18, Sector- 12A, Nagpur for Construction of buildings, demarcation of plot for SEZ units for multi- products and services industry with associated infrastructure as constructed, bare warm shell and warm shell with Plug Play facilities, Internet Wi-Fi facilities, Common Cafeteria, Common Garden, Power and its back-up facilities and maintenance thereof, Roads Networks, Water, Electricity, Security, fire and water protection system and other Authorized Operations as allowed under Instruction No. 50 dated 15.03.2010 issued by DoC, over an area of 4,29,199.89 Sq. Mtr. (106.0576 Acres), in accordance with the Co-developer Agreement dated 02.01.2024 entered into with the Developer (MIHAN SEZ) 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. 124.4(ii) Proposal of M/s. Tranquillity Properties LLP, Ahmedabad for Co-developer status in GIFT Multi Services SEZ at Ratanpur, District Gandhinagar, Gujarat, developed by M/s. Gujarat International Finance Tec-city Limited. The Board, after deliberations, approved the proposal of M/s. Tranquillity Properties LLP for Co-developer status in the M/s. Gujarat International Finance Tec-City Limited at Ratanpur, District Gandhinagar, Gujarat to manage, upgrade, maintain already existing SEZ entire premises situated on 20th to 24th Floors along with the terrace above 24th Floor of the premises i.e., Pragya Tower with built-up area admeasuring 8472.50 square meters (91,197 sq.ft.) of proportionate undivided leasehold rights at Pragya Tower on Plot No.15-A in GIFT-SEZ, Gandhinagar, in accordance with the Co-developer Agreement dated 16.08.2024 entered into with the Developer (GIFT City Limited) 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. Item No. 124.5: Request for conversion of processing area into non-processing area under Rule 11(B) [1 proposal 124.5(i)] 124.5(i) Proposal of M/s. Divyasree NSL Infrastructure Pvt. Ltd. For Demarcation of Built-Up Area as Non-Processing Area of a notified IT/ITES SEZ. The Board, after deliberations, permitted the demarcation of the following area as Non-Processing Area in terms of Rule 11B of SEZ Rules, 2006: - Block 5 Floors Area (in Sq. Mtrs.) Processing Area 5th Floor (East Wing) 3250.90 5th Floor (West Wing) 3425.57 6th Floor (East Wing) 3327.70 6th Floor (West Wing) 3502.36 10th Floor (East Wing) 3250.90 11th Floor (East Wing) 3259.27 12th Floor (East Wing) 3115.51 Common infrastructure/area for Basement/parking in Block 5 Basement 1 (East West Wing) 7136.54 Ground Floor (East West Wing 6650.45 Total 36,919.20 Item No. 124.6: Request for full/partial de-notification [7 proposals 124.6(i) to 124.6(vii)] 124.6(i) Proposal of M/s. Kerala State Information Technology Infrastructure Limited (KSITIL) for cancellation of LoA and de-notification of the entire SEZ at Cheemeni Village, Hosdurg Taluk, Kasaragod District, Kerala. The Board, after deliberations, cancelled the LoA and recommended the de-notification of the entire SEZ of M/s. Kerala State Information Technology Infrastructure Limited (KSITIL), IT/ITES SEZ at Cheemeni Village, Hosdurg Taluk, Kasaragod District, Kerala. 124.6(ii) Proposal of M/s. Kerala State Information Technology Infrastructure Limited (KSITIL) for cancellation of LoA and de-notification of entire SEZ at Eramam Village, Thaliparambu Taluk, Kannur District, Kerala State. The Board, after deliberations, cancelled the LoA and recommended the de-notification of the entire SEZ of M/s. Kerala State Information Technology Infrastructure Limited (KSITIL), IT/ITES SEZ at Eramam Village, Thaliparambu Taluk, Kannur District, Kerala. 124.6(iii) Proposal of M/s. Arshiya Limited, for full de-notification of their FTWZ at Village Bori, Taluka and District Nagpur, Maharashtra. The Board, after deliberations, recommended the de-notification of the entire SEZ of M/s. Arshiya Limited, IT/ITES SEZ at Village Bori, Taluka and District Nagpur, Maharashtra. 124.6(iv) Proposal of M/s. Qubix Business Park Pvt. Ltd. for partial de-notification of 1.4787 Ha out of 10.1766 Ha of their IT/ITES SEZ at Rajiv Gandhi Infotech Park, Phase-I, Hinjewadi Pune, Maharashtra. The Board, after deliberations, recommended the partial de-notification of 1.4787 Ha out of 10.1766 Ha of M/s. Qubix Business Park Pvt. Ltd., IT/ITES SEZ, at Rajiv Gandhi Infotech Park, Phase-I, Hinjewadi Pune, Maharashtra. 124.6(v) Proposal of M/s. Vikas Telecom Private Limited for partial de-notification of 0.75 Ha out of 22.50 Ha of their IT/ITES SEZ at Vrindavan Tech Village SEZ, Bangalore. The Board, after deliberations, recommended the partial de-notification of 0.75 Ha out of 22.50 Ha of M/s. Vikas Telecom Private Limited, IT/ITES SEZ, at Vrindavan Tech Village, SEZ, Bangalore. 124.6(vi) Proposal of M/s. Zydus Infrastructure Pvt. Ltd. for partial de-notification of 22.9187 Ha out of 114.7708 Ha of their Pharmaceutical SEZ at Matoda, Ahmedabad. The Board, after deliberations, recommended the partial de-notification of 22.9187 Ha out of 114.7708 Ha of M/s. Zydus Infrastructure Pvt. Ltd., Pharmaceutical SEZ, at Matoda, Ahmedabad. 124.6(vii) Proposal of M/s. Gujarat Industrial Developer Corporation (GIDC) for partial de-notification of 15.652487 Ha out of 20.4149 Ha of their Apparel Park SEZ at Khokhra, Ahmedabad. The Board observed that in terms of Annexure-II to Rule 5(3)(c) of the SEZ Rules, 2006, the minimum area requirement for Textiles and Article of Textiles sector in Gujarat is 20 Ha. In the instant case, the Developer has proposed partial de-notification of 15.652487 Ha out of 20.4149 Ha, thereby making the resultant area 4.762413 Ha, which is less than the minimum area requirement of 20 Ha for Textiles and Article of Textiles sector in Gujarat. Further, DC, KASEZ recommended the proposal with a request for a waiver of the minimum land area requirement. Accordingly, the Board, after deliberations, recommended suitable amendment to be effected to Annexure-II to Rule 5(3)(c) of the SEZ Rules, 2006 to enable the proposed partial denotification. Item No. 124.7 Appeal [3 cases 124.7(i) to 124.7(iii)] 124.7(i) Appeal filed by M/s. C Tech Corporation under the provision of Section 16(4) of the SEZ Act, 2005 against the Order-in-Original dated 11.06.2024 passed by DC, Surat SEZ. The Board took note of the submissions made by the appellant regarding their business plan, export orders and time-frame to commence manufacturing along with specific milestones indicated. The Board also noted that the appellant has submitted that full- scale production is expected to begin by February, 2025 and they are confident of exporting in January 2025. Accordingly, the Board, after deliberations, granted extension of validity of LoA for a further period of six months. Thereafter, the DC may review the unit s progress and take further action as appropriate and intimate BoA. 124.7(ii) Appeal filed by M/s. Margo Impex Private Limited against the decision of UAC, NSEZ meeting held on dated 04.04.2024. 124.7(iii) Appeal filed by M/s. Srikaram Prescience Private Limited against the decision of UAC, NSEZ meeting held on dated 04.04.2024. The Board, after deliberations, remanded both the appeals [item no. 124.7(ii) 124.7(iii)] back to UAC, NSEZ with direction to examine and process the request of the appellants after duly considering the relevant provisions stipulated under Doc s Instruction No. 117 dated 24.09.2024. ANNEXURE-I List of Participants for the Meeting of the Board of Approval for SEZ held on 05.11.2024 under the Chairmanship of Commerce Secretary, Department of Commerce :- 1. Shri Sunil Barthwal, Chairman Commerce Secretary, Department of Commerce 2. Shri L. Satya Srinivas, Additional Secretary, Department of Commerce 3. Shri Vimal Anand, Joint Secretary, DoC 4. Shri Senthil Nathan S, Director, DoC 5. Shri Rakesh Kumar, Additional DGFT 6. Shri Roshan Lal, ADG, DGEP 7. Smt. P. Hemalatha, Development Commissioner, CSEZ 8. Shri Bipin Menon, Development Commissioner, NSEZ 9. Shri Dinesh Singh, Development Commissioner, KASEZ 10. Shri Alex Paul Menon, Development Commissioner, MEPZ-SEZ 11. Shri D.B. Patil, Development Commissioner, SEEPZ-SEZ 12. Shri Srinivas Muppaala, Development Commissioner, VSEZ 13. Shri D.B Singh, Development Commissioner, FSEZ 14. Shri Surender Malik, JDC, NSEZ List of participants connected with Video Conferencing: - 1. Shri Vikas Singh, Director, ITA-I, CBDT 2. Shri Lokesh HD, DC, Dahej SEZ 3. Shri Suvidh Shah, DC, Indore SEZ 4. Dr. Praveen, DC, Mihan SEZ 5. Shri Abhimaniu Sharma, DC, Surat SEZ 6. Shri Neeraj Rawat, DLA, D/o Legal Affairs 7. Shri Lal Chand Dabaria, ALC, D/o Legal Affairs 8. Shri Yogesh Kumar Sharma, Deputy Director, MSME 9. Shri Anil Kant Mishra, Research Assistant TCPO, Ministry of Housing Urban Affairs, Vikas Bhawan, I.P. Estate, New Delhi 10. Smt. Manjusha Chourasia, Scientist-E, Meity 11. Shri Vinay Kumar, SO, APSEZ 12. Additional Director, Department of Industries, Government of Haryana