TMI BlogMinutes of the 53rd meeting of the SEZ Board of Approval held on 6th July 2012 to consider proposals for setting up Special Economic Zones and other miscellaneous proposalsX X X X Extracts X X X X X X X X Extracts X X X X ..... ated in the SEZs. During the financial year 2011-12, total exports to the tune of Rs. 3,64,477.73 crores have been made from the SEZs, registering a growth of about 15.39% over the exports for the year 2010-11. Item No. 53.1: Proposals for setting up of SEZs. (i) Proposal of M/s. OPG Power Gujarat Private Limited, for setting up of a sector specific Special Economic Zone for Power at Bhadreshwar, Mundra, Kutch, Gujarat, over an area of 104.72.24 hectares. The Board noted that the Government of Gujarat has recommended the proposal vide their letter dated 23.04.12. However, as per report of DC KASEZ, the entire area of 104.72.24 hectares is, presently, not in possession of the developer. Accordingly, the Board decided to grant in-principle approval to the proposal of M/s. OPG Power Gujarat Private Limited, for setting up of a sector specific Special Economic Zone for Power at Bhadreshwar, Mundra, Kutch, Gujarat, over an area of 104.72.24 hectares. (ii) Proposal of M/s. Impetus Infotech (India) Private Limited, for setting up of a sector specific Special Economic Zone for IT/ITES at Indore, Madhya Pradesh, over an area of 10 hectares. The Board noted that the Developer was in p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pers approved by the BoA in this meeting. The Board further directed that proposals for grant of codeveloper status should be accompanied by lease deed/draft lease deed which must inter-alia contain the details of financial transactions/arrangements between developer and proposed co-developer. The decisions of the proposals are as under:- (i) Request of M/s. Chella Software (P) Limited for co-developer in the sector specific SEZ for IT/ITES at llandhaikulam village, Madurai, Tamil Nadu being developed by Electronics Corporation of Tamil Nadu Limited (ELCOT) DC MEPZ informed the Board that M/s. Chella Software (P) Limited has a unit in the same SEZ and that the co-developer has given an undertaking conforming with the following decisions/conditions stipulated under item 47.2 of the 47th meeting of BoA:- (i) As a general policy the Developer /Co Developer and the Unit should be separate legal entities. (ii) If for certain specific reasons, the above arrangement is not feasible the affairs of the Developer/ Co-developer and Unit shall be ring fenced in the following manner: · The specific reason(s) as to why Developer /Co Developer and the Unit are not separate legal entit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... /s. Ansal IT City & Parks Limited After deliberations, the Board approved the request of M/s. Earth Iconic Infrastructure Private Limited for becoming a co-developer in the above mentioned SEZ, for development of infrastructure facilities over an area of 151762.50 sqm (15.20 Ha), in accordance with the co-developer agreement entered into with the developer. (iv) Request of M/s. Gujarat State Petronet Limited for co-developer in the multi-product at Jambusar, District Bharuch, Gujarat, being developed by M/s. Sterling SEZ and Infrastructure Limited After deliberations, the Board approved the request of M/s. Gujarat State Petronet Limited for becoming a co-developer in the above mentioned SEZ, for development of natural gas transmission and distribution network alongwith station for operation & maintenance. (v) Request of M/s. Bhartiya Urban Infrastructure & Land Development Company Private Limited for co-developer in the sector specific SEZ for IT/ITES at Bangalore, Karnataka, being developed by M/s. Milestone Buildcon Private Limited (MBPL) After deliberations, the Board approved the request of M/s. Bhartiya Urban Infrastructure & Land Development Company Private Limited for b ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... however, subject to conditions that no I-T benefits under the SEZ Act/Rules, will be available to the developer or co-developer, on the investments made in the textile park by them or by way of grant received from M/o Textiles under the SITP Scheme. (viii) Request of M/s. Artha Builders LLP for co-developer in the sector specific SEZ for Electronic Hardware and Software including IT/ITES at Greater Noida, Uttar Pradesh, being developed by M/s. Artha Infratech Private Limited After deliberations, the Board approved the request of M/s. Artha Builders LLP for becoming a co-developer in the above mentioned SEZ, for building one tower of approximately 3 lacs sqft, super area over the processing area of 0.436921 hectares, in accordance with the co-developer agreement entered into with the developer. Item No. 53.3: Requests for Authorized operations. (i) Request of M/s. SEZ Biotech Services Private Limited for authorized operations in sector specific SEZ for Biotechnology at Manjari Budruk, Taluka Haveli, District Pune, Maharashtra After deliberations, the Board approved the following authorized operations in the non-processing area:- S. No. Name of the authorized activity Quantum ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ict Gurgaon, Haryana, notified over an area of 10.9915 hectares, subject to DC's certificate that the developer has not availed of any tax/duty benefits under the SEZ Act/Rules or the same have been refunded, as the case may be. Item No. 53.5: Request for withdrawal of formal approval (i) Withdrawal of formal approval granted to M/s. Shyam Steel Industries Limited for setting up of sector specific SEZ for IT/Electronic Hardware & Software including ITES at Barasat, West Bengal The Board decided to approve the request of M/s. Shyam Steel Industries Limited for withdrawal of formal approval granted to them for setting up of sector specific SEZ for IT/Electronic Hardware & Software including ITES at Barasat, West Bengal, over an area of 11.35 hectares, subject to DC's certificate that the developer has not availed of any tax/duty benefits under the SEZ Act/Rules or the same have been refunded, as the case may be. Item No.53.6: Requests for extension of validity of formal approvals beyond 5th & 6th year (i) Request of M/s. Mangalore SEZ Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Petrochemicals and Petr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tions extended the validity of the formal approval up to 18th June, 2013. (viii) Request of M/s. GMR Hyderabad International Airport Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Multi Services with International Financial Services Centre (earlier airport based multi product) at GMR Hyderabad International Airport, Shamshabad, Hyderabad, beyond 24th June 2012(beyond 5th year) The Board after deliberations extended the validity of the formal approval up to 24th June, 2013. (ix) Request of M/s. Unitech Infracon Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Greater Noida, Uttar Pradesh, beyond 22nd May 2012 (beyond 5th year) The Board after deliberations extended the validity of the formal approval up to 22nd May, 2013. (x) Request of Gujarat Industrial Development Corporation (GIDC) for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Biotechnology at Savli, District, Vadodara, Gujarat, beyond 22nd June 2012 (beyond 5th year) The Board after deliberations ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted for setting up of sector specific SEZ for Textile and Apparel at Chintavaram village, Chillakru Mandal, Nellore District, Andhra Pradesh, beyond 25th July 2012 (beyond 5th year) The Board after deliberations extended the validity of the formal approval up to 25th July, 2013. (xviii) Request of M/s. Mahindra & Mahindra Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Biotechnology at village Owale, Ghodbunder Road, District Thane, Maharashtra, beyond 20th August 2012 (beyond 6th Year) The Board after deliberations extended the validity of the formal approval up to 20th August, 2013. (xix) Request of M/s. Sunstream City Private Limited (formerly M/s. Zeus Infrastructure Private Limited) for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Mulund & Thane, Maharashtra beyond 20th June 2012 (beyond 6th Year) The Board after deliberations extended the validity of the formal approval up to 20th June, 2013. (xx) Request of Kerala Industrial Infrastructure Development Corporation (KINFRA) for further extension of the validity period of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... TES at Gurgaon, Haryana beyond 25th June 2012 (beyond 6th year) The Board after deliberations extended the validity of the formal approval up to 25th June, 2013 (xxvii) Request of M/s. Gopalpur Special Economic Zone Limited for further extension of the validity period of formal approval, granted for setting up of multi product SEZ at Gopalpur, District Ganjam, Orissa beyond 17th June 2012 (beyond 6th year) The Board after deliberations extended the validity of the formal approval up to 17th June, 2013. Item No. 53.7: Requests for grant of extension of in-principle approval beyond 3rd to 5th year. (i) The request of M/s. Mumbai SEZ Limited for further extension of the validity period of in-principle approval, granted for setting up of multi product SEZ at Khopta, District Raigad, Maharashtra, beyond 7th August 2012 (beyond 3rd year) The Board after deliberations extended the validity of the in-principle approval up to 7th August, 2013. (ii) The request of M/s. Nagpur Multi Product SEZ Limited for further extension of the validity period of in-principle approval, granted for setting up of multi product SEZ at Nagpur, Maharashtra, beyond 8th January 2012 (beyond 4th year) The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f the validity period of inprinciple approval, granted for setting up of sector specific SEZ for Gems & Jewellery and sought a comprehensive report from DC, SEEPZ addressing the following specific issues, for further consideration of the Board: · Reasons for failure to acquire the minimum land for the SEZ even after the lapse of five years · Status of progress made on the ground towards setting up of the SEZ by the developer · The proposed schedule of completion of the SEZ Project (including land acquisition, development, construction and operationalization) (v) The request of M/s. Nasik Multi Services SEZ Limited for further extension of the validity period of in-principle approval, granted for setting up of sector specific SEZ for Multi Services at Nasik, Maharashtra, beyond 25th June 2012 (beyond 5th year) The Board noted that the developer has failed to acquire the minimum land, required for the sector, even after lapse of five years after the grant of in-principle approval. After deliberations the Board deferred the request for further extension of the validity period of inprinciple approval, granted for setting up of sector specific SEZ for Multi Ser ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nics Limited (MOL), a unit in M/s. Dahej SEZ for extension of LoP beyond 04.05.2012 (beyond 4th year) The Board, after deliberations, extended the LoP of the unit up to 4th May, 2013. (ix) Request of M/s. Satyam Computers Services Limited, a unit in MIHAN SEZ for extension of LoP beyond 27.07.2012(beyond 4th year) The Board, after deliberations, extended the LoP of the unit up to 27th July, 2013. (x) Request of M/s. Nagarro Software Private Limited, a unit in M/s. Mahindra World City (Jaipur) Limited at village Kalwara, Tehsil Sanganer, District Jaipur, Rajasthan SEZ for extension of LoP beyond 31.03.2012 (beyond 4th year) The Board, after deliberations, extended the LoP of the unit up to 31st March, 2013. (xi) Request of M/s. Glenmark Generics Limited, a unit in Indore SEZ for extension of LoP beyond 30.06.2012 (beyond 4th year) The Board, after deliberations, extended the LoP of the unit up to 30th June, 2013. (xii) Request of M/s. Zeon Solution Private Limited, a unit in MADC SEZ, Nagpur for extension of Letter of Permission (LOP) beyond 4th February, 2012 (beyond 4th year) The Board, after deliberations, extended the LoP of the unit up to 4th February, 2013. (xiii) Re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oyce mfg Company Limited (plot no Z/90) and ISGEC Heavy engineering Limited (plot No. Z/89), in the processing area Item No. 53.11: Request of M/s. MAS GMR Aero Technic Limited (MGAL), a unit in M/s. GMR Hyderabad Aviation SEZ Limited, for returning of removed/replaced components/spares of aircrafts to its respective customers The representative of CBEC informed that the matter is being examined in consultation with TRU and their comments will be furnished shortly. The Board, therefore, decided, the matter would be examined on file by Department of Commerce after receipt of comments from CBEC. Item No. 53.12: Request of M/s. Torrent Energy Limited for approval for brining 914 mm dia MS water pipeline from GIDC Reservoir in Dahej to project site in Dahej SEZ The Board after deliberations, approved the request of M/s. Torrent Energy Limited for bringing 914 mm dia MS water pipeline from GIDC Reservoir in Dahej to their project site in the SEZ subject to condition that the duty benefits shall be restricted to the activities carried out inside the SEZ. Item No. 53.13: Request for ratification of the approval granted and approval for DTA procurement of mother of pearl by M/s. Fine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng its name to M/s. Karle Infra Private Limited The Board was informed that the request from M/s. Karle Infra Projects Private Limited was that of change of name to M/s. Karle Infra Private Limited and there is no change in the shareholding of the company. The Board, after deliberations, granted approval to the request of M/s. Karle Infra Projects Private Limited for changing its name to M/s. Karle Infra Private Limited. (ii) Request of M/s. DLF Ackruti Infoparks (Pune) Limited for transfer of formal approval granted for development of sector specific SEZ for IT/ITES at Rajiv Gandhi Infotech Park, Hinjewadi, Pune, Maharashtra, to Ackruti City Magnum Limited DC SEEPZ SEZ informed that some clarifications have been sought from the developer in the matter. The request was, therefore, deferred. (iii) Request of M/s. Pune Embassy Projects Private Limited (PEPPL) for changing the share holding pattern of the company The Board after deliberations approved the request of M/s. Pune Embassy Projects Private Limited for changing the share holding pattern of the company as under:- S. No. Name Shareholding percentage 1 Embassy Property Development Private Limited (EPDL) 100.00% The ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... quest of M/s. Rassai Properties & Industries Limited for changing its name to M/s. Beneficent Knowledge Parks and Properties Limited The Board noted that in its meeting on 24th January, 2012 the developer was granted approval for transfer of 50% shares to M/s. Excelestar Ventures 1 LLC and now the request is for changing the name of the developer. The Board, after deliberations approved the request of M/s. Rassai Properties & Industries Limited for changing its name to M/s. Beneficent Knowledge Parks and Properties Limited. (vi) Request of M/s. INC GVK Bio Private Limited, a unit in IT/ITES SEZ at Gurgaon being developed by M/s. DLF Cyber City Developers Limited, for change of name and entrepreneurship. The Board after deliberations approved the request of M/s. INC GVK Bio Private Limited for changing the share holding pattern of the company as under:- Name of shareholder Percentage of total equity INC Research LLC 99.99% Kendle NC LLC 00.01% The approval is, however, subject to the following conditions:- (i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity; (ii) Fulfillment of all eligibility criteria ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... im any I-T holiday for DTA revenues (iv) carry out DTA billing with applicable Service Tax (v) Bring in all consumables only after payment of applicable duties and taxes, till such time that testing of DTA samples is carried on. The Board after deliberations approved the request of M/s. SGS India Private Limited and M/s. Basix Academy for Building Lifelong Employability (B-ABLE), the co-developers for setting up the facilities in the processing area of the SEZ for a period of 5 years subject to the conditions (i) to (v) stated above. (ii) Request of M/s. Shankar Packaging Limited, a unit in M/s. Dahej SEZ Limited, Gujarat for re-consideration of the decision of the BoA rejecting its request for extension of LoP beyond 31st December 2010 The Board considered the justification furnished by the developer and did not find any merit in the same for reconsideration its earlier decision of rejecting the request of the unit for extension of LoP beyond 31st December, 2010. (iii) Request of M/s. Ascendant Estates Private Limited for reconsideration of the decision of the BoA rejecting its request for grant extension of formal approval granted for setting up of sector specific SEZ for I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cancellation of its LoP The appellant was heard by the Board. The appellant explained to the Board that the company is now serious towards implementation of the project and it may be allowed further extension to enable them to implement the project. The Board, after deliberations, allowed the appeal and extended the LoP of the unit for a period of six months from the date of the BoA meeting i.e up to 5th January, 2013. (iii) Appeal of M/s. Nitin Fire Protection Industries Limited, a unit in FTWZ being developed by M/s. Arshiya International Limited at Panvel, Mumbai against rejection of its request for including certain value added services as authorized activity The appellant was heard by the Board. The appellant explained to the Board that justification for permitting the following for value added services:- (i) Testing of Cylinders (ii) Filling of Liquid Gas (fire fighting chemical) from the Tank container through filling machine into the Empty Extinguishers (iii) Weight measurement of filled Extinguisher through Weighing Machine (iv) Fixing of necessary fittings and caps to extinguisher and inspection of cylinders by themselves or by other agencies before dispatch. Si ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of IT/ITES office space Board after, deliberations, approved the request for enhancement of electrical capacity from 25 MW (Total 25 MW, 22 MW in Processing area and 3 MW in Non-Processing area) to 42 MW (Total 26 MW, 22 MW in processing area and 16 MW in Non-Processing area). However the request for construction of 37500 sqm of IT/ITES office space in the non-processing area was deferred by BoA as the DoR observed that there is no apparent justification for IT/ITES office space in the non-processing area of an IT/ITES SEZ as the same is liable to be commercially exploited by entities outside the SEZ. The Board also observed that the non-processing area is to accommodate infrastructural facilities for supporting the units in the processing area. DoR sought further clarification on the matter before it could be approved by the BoA. The Board, therefore, deferred the request and sought a report from DC, NSEZ on the nature of the authorized operations requested by the developer after examining all the above issues, for further consideration of the Board. Item No. 53.23: Request for increase/decrease in area (viii) Request of M/s Fab City SPV (India) Private Limited for de-notific ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... x Limited, a unit in Electronics SEZ at Gandhinagar, Gujarat for extension of LoP beyond 15.05.2012 (beyond 4th year) The Board, after deliberations, extended the LoP of the unit up to 15th May, 2013. The Board also directed that the unit may not be granted further extension. Item No. 53.28: Request for change of name/transfer of equity (v) Request for change of name of the developer of IT/ITES SEZ at Pune, Maharashtra from M/s. DLF Ackruti Info Parks (Pune) Limited to M/s. Quadron Business Park Limited The Board noted that in its meeting held on 19th September, 2011 the developer was granted approval for sale of shares of the company to a foreign investor and now the request is for change of name of the developer. The Board, after deliberations, granted approval to the request of M/s. DLF Ackruti Info Parks (Pune) Limited for changing its name to M/s. Quadron Business Park Limited. Item No. 53.29: Requests of M/s. Sameer Industries, a unit in KASEZ for reconsideration of the decision of the BoA rejecting its request for further extension of LoP beyond 31.10.2010 DC, KASEZ sought deferment of this item. Accordingly, the request was deferred. Item No. 53.30: Appeal before BoA ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rnment of Haryana 11. Shri Shivendra Singh, Secretary, AIADA, Government of Jharkhand 12. Shri Pradeep Kumar, Additional Resident Commissioner, Government of Maharashtra 13. Shri S.D. Sharma, Additional Resident/Investment Commissioner, Government of Uttarakhand 14. Shri O.P. Kapoor, Joint DG, EPCES 15. Dr. S.K. Sahoo, Office of Development Commissioner (MSME), Ministry of MSME, Nirman Bhawan. 16. Shri A.K. Agarwal, Additional Industrial Adviser, Department of Chemical & Petrochemical, Ministry of Chemicals and Fertilizer, New Delhi 17. Shri B. Pandya, CAO, Government of Gujarat 18. Shri T.A. Khan, (RO), TCPO, Ministry of Urban Development, E-Block, Vikas Baan, New Delhi 19. Shri A.K. Pathania, SIO, DGEP, Department of Revenue. 20. Shri R.D. Meena, Research Assistant, TCPO, Ministry of Urban Development 21. Shri A.S. Das, Consultant, IDCO, Government of Orissa LIST OF DEVELOPMENT COMMISSIONERS 1. Shri Sanjeev Nandwani, Development Commissioner, Falta, Kolkata 2. Shri Vijay N. Shewale, Development Commissioner, Surat SEZ, Surat 3. Shri Mahendra Jain, Development Commissioner, NMSEZ and Indiabulls SEZ 4. Shri S. Kishore, Development Commissioner, APSEZ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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