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TMI BlogMinutes of the 51stmeeting of the SEZ Board of Approval held on 13th March 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 ..... of 8,15,308 persons has been generated in the SEZs. During the financial year 2010-11, total exports to the tune of Rs. 3,15,867.85 crores have been made from the SEZs, registering a growth of about 43.11% over the exports for the year 2009-10. Exports in the current financial year (i.e. up to 31.12.2011) have been to the tune of Rs. 2,60,972.89 crores. Item No. 51.1: Proposals for setting up of SEZs. (i) Proposal of M/s. Infosys Limited, for setting up of a sector specific Special Economic Zone for Information Technology (IT) at Village Tikgarita, Badsha and Badangarda, Near Super Corridor near Indore, Indore, Madhya Pradesh, over an area of 52.643 hectares. The Board noted that the Developer was in possession of the land. The Government of Madhya Pradesh had also recommended the proposal for formal approval vide their letter dated 31.01.12. Accordingly, the Board decided to grant formal approval to the proposal of M/s. Infosys Limited, for setting up of a sector specific Special Economic Zone for Information Technology (IT), at Village Tikgarita, Badsha and Badangarda, Near Super Corridor near Indore, Indore, Madhya Pradesh, over an area of 52.643 hectares. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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) After deliberations, the Board directed the DC to examine if the applicant also had a unit in the SEZ and make appropriate recommendations. The matter was accordingly deferred. (ii) Request of M/s. Khed Textile Park Private Limited for co-developer in the multiproduct SEZ at Taluka Khed Shirur, District Pune, Maharashtra being developed by M/s. Khed Economic Infrastructure Private Limited The Board noted that consequent upon grant of co-developer status, apart from availing benefits under SEZ Act/Rules, M/s Khed Textile Park Private Limited would also possibly be availing subsidy from the M/o Textiles. This, the Board observed, may amount to double dipping. The Boar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rahimpur, Murthal, Sonepat, Haryana, being developed by M/s. Ansal Colours Engineering SEZ Limited After deliberations, the Board approved the request of M/s. Shakti Bhog Foods Limited for becoming a co-developer in the above mentioned SEZ, for development of infrastructure over an area of 101.24 Ha, in accordance with the co-developer agreement entered into with the developer. (vii) Request of M/s. MindTree Limited for co-developer in the sector specific SEZ for IT/ITES at Chandaka Industrial Estate, Bhubaneswar, Orissa, being developed by Orissa Industrial Infrastructure Development Corporation (OIIDC) After deliberations, the Board approved the request of M/s. Mind Tree Limited for becoming a co-developer in the above mentioned SEZ, for infrastructure facilities, over an area of 20 acres (8.094 hectares), in accordance with the co-developer agreement entered into with the developer. Item No. 51.3: Requests for Authorized operations. (i) Request of M/s. GIFT SEZ Limited for authorized operations in the sector specific SEZ for Multi Services at villages Phirozpur and Ratanpur, District Gandhinagar, Gujarat After deliberations, the Board approved the follow ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on of Helipad on the roof top of the building no. 14 in the processing area of the SEZ, subject to the condition that the facility shall be used exclusively for SEZ operations. Item No. 51.4: Request of M/s. Infopark, the Developer of sector specific SEZ for IT/ITES at Kerala, for permission to allot space to Indian Institute of Management, Kozhikode for creating facility for training Executives in the SEZs After deliberations, the Board decided to approve the request of the developer for leasing an area of 12500 sqft of built up space, in the processing area, to the Indian Institute of Management (IIM) Kozhikode for running an off campus facility. The approval, however, subject to the following conditions:- (i) The setting up of the Training facility and its operations shall not be eligible for any duty/tax exemptions: (ii) The training facility shall be limited to the employees of the units, co-developer and Developer of SEZs only: (iii)The facility shall be shifted to the non- processing area of the Infopark Phase II as and when it becomes ready for occupation. Item No. 51.5: Requests for increase/decrease in area (i) Request of M/s. Infosys Limited, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ate Limited for third extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Electronic Hardware and Software including ITES at Sriperumbudur, Chennai, Tamil Nadu beyond 22nd May 2012 The Board after deliberations extended the validity of the formal approval up to 22nd May 2013. (iii) Request of M/s. Cochin Port Trust for extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Port based at Puthuvypeen Ernakulam District, Kerala, beyond 17th April 2012 The Board after deliberations extended the validity of the formal approval up to 17th April 2013. (iv) Request of M/s. Navi Mumbai SEZ Private Limited for extension of the validity period of formal approval, granted for setting up of multi product at Dronagiri, Navi Mumbai, Maharashtra, beyond 29th July 2012 The Board after deliberations extended the validity of the formal approval up to 29th July 2013. (v) Request of M/s. Navi Mumbai SEZ Private Limited for extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Kalamboli, Navi Mumbai, Maharashtra, beyond 25th July ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f formal approval, granted for setting up of sector specific SEZ for IT/ITES at Kokapet village, Serilingampally Mandal, Ranga Reddy District, Hyderabad, Andhra Pradesh, beyond 22nd October 2011 The Board after deliberations extended the validity of the formal approval up to 22nd October 2012 by condoning the delay. Item No.51.7: Requests for extension of validity of formal approvals beyond 6th year (i) Request of M/s. Ansal IT City Parks Limited for extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Plot No. TZ-06, Tech Zone, Greater Noida, Uttar Pradesh, beyond 6th April 2012 The Board after deliberations extended the validity of the formal approval up to 6th April 2013. The Board also directed that no further extension may be allowed. Item No. 51.8: Request for grant of second extension of in-principle approval. (i) Request of M/s. Posco-India Private Limited for extension of in-principle approval granted for setting up of a Multi-Product SEZ, over an area of 1620.496 hectares, at Jagatsinghpur District, Orissa, beyond 25th October, 2011 The Board, after deliberations, extended the validity o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a of 28.34 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.50.11: Request for extension of LoP of units beyond 3rd year Request of M/s. Moser Baer Solar Limited, a unit in the SIPCOT SEZ at Oragadam, Tamil Nadu beyond 27th August 2011 The Board, after deliberations, extended the LoP of the unit for period of one year from the date of expiry of the validity of the last extension i.e. up to 27th August, 2012. The Board also directed that no further extension may be allowed. Item No. 51.12: Requests for extension of LoP of units beyond 4th year (i) Request of M/s. Fulcrum Logic India Private Limited, a unit in the sector specific SEZ for IT/ITES at Phase-II, Hinjewadi, Pune being developed by Maharashtra Industrial Development Corporation (MIDC) beyond 27th February 2012 The Board, after deliberations, extended the LoP of the unit for period of one year from the date of expiry of the validity of the last extension i.e. up to 27th February, 2013 (ii) Request of M/s. iGATEpatni Computer Systems Limited, a unit in the sector spec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of LoP beyond 29th May 2012 The Board, after deliberations, extended the LoP of the unit for period of one year from the date of expiry of the validity of the last extension i.e. up to 29th May 2013. The Board also directed that no further extension may be allowed. Item No. 51.14: Requests for extension of LoP of units beyond 6th year Request of M/s. Jash Pharma Private Limited, a unit in the Surat SEZ for extension of LoP beyond 9thFebruary, 2011 The Board, after deliberations, extended the LoP of the unit up to 31st July, 2012, by condoning the delay. Item No. 51.15: Requests for import of restricted/prohibited item (i) Request of M/s. Reliance Industries Limited, a unit in M/s. Reliance Special Economic Zone at Jamnagar, Gujarat for procurement of Crude Oil from M/s. Cairn India Limited, a unit in DTA Board was informed that as per FTP export of crude oil is allowed through STEs i.e IOC. The Board noted that the issue related to the permission required by M/s Cairn India to effect exports for which they have already approached DGFT to seek the necessary export permission of their crude directly without going through IOC. The Board deferred the matter ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tory approvals shall be ensured by the applicant to the satisfaction of the DC. Item No. 51.17: Validity/Continuance of formal approval granted to M/s. Chervil Infrastructure Private Limited (formerly M/s. Nipiam Infotech Private Limited) for setting up of sector specific SEZ for IT at Gram Nimeta, Taluka Waghodiya, Vadodara, Gujarat The BoA noted that the validity of the formal approval, which had been given to M/s. Nipiam Infotech Private Limited (NIPL), for setting up of a sector specific SEZ for IT Sector at Gram Nimeta, Taluka Waghodiya, Vadodara, Gujarat, over an area of 220 hectares has expired w.e.f 25.7.2011. The DC apprised the Board that the land on which the SEZ was proposed to be set up is not in possession of the developer. Board was informed that a clear title over land is a pre-requisite for the validity of formal approval. As such the validity of formal approval granted for setting up of the above SEZ automatically stands cancelled. Therefore, taking into account the above facts the Board decided not to consider further extension of the validity of the formal approval granted for setting up of the above SEZ. Item No. 51.18: Request for Additional ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te Limited, a codeveloper, has simply changed its name to M/s. Dell International Services India Private Limited and there is no change in the shareholding of the company. (iii) Request of M/s. Ascendas Mahindra IT Park Private Limited for changing its name to M/s. Ascendas IT SEZ (Chennai) Private Limited The Board was informed that M/s. Ascendas Mahindra IT Park Private Limited, the co-developer was incorporated as JV company between Mahindra World City Developers Limited (MWCDL) with M/s Ascendas Land International Private Limited (ALI) in which MWCDL held 26% equity. In the BoA meeting held on 11th February, 2010 approval was granted to MWCDL for divesting its 26% to ALI paving the way for ALI to hold 100% equity in the co-developer entity. Consequently, the co-developer has sought approval for changing the name of the company to Ascendas IT SEZ (Chennai) Private Limited . The Board also noted that the request does not involve change in the shareholding pattern of the company. The Board, after deliberations, granted approval to the request of the co-developer for changing its name to M/s. Ascendas IT SEZ (Chennai) Private Limited (iv) Request of M/s. Ajanta Projects ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h cases the assessing officer under the Income Tax Act, 1961 , retains the right to assess the taxability of the amount arising out of the transfer of equity. (vi) Request of M/s Cambridge Builders Private Limited (CBPL), a co-developer, for transfer of 100% of their shareholding to M/s. Xchanging Technology Services India Private Limited (XTSI) The Board was informed that the co-developer (A Xchanging Group Company) has now sought approval for transfer of 100% of their shareholding to M/s. Xchanging Technology Services India Private Limited (also Xchanging Group Company) as part of internal re-organization with Xchanging Group. The representative of the CBDT was of the view that the information provided to them as per the decision of the last BoA was inadequate, therefore, balance sheet of the company before and after the transaction is required for better examination of the tax liability arising out of the proposed transaction. The Board, after, deliberations approved the request, subject to the following:- (a) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered co-developer entity; (b) Fulfillment of all eligibilit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e property services under specified services required for authorized operation The appellant was heard by the Board. Board noted that the hired premises is located outside the SEZ. The Board, after deliberations, rejected the appeal. (iii) Appeal of M/s. Jeevan Technologies India Private Limited against cancellation of LoP for setting up of a unit in the sector specific SEZ for IT/ITES at Chennai, Tamil Nadu being developed M/s. DLF Info City Developers Limited The appellant was heard by the Board. The Board, after deliberations, remanded the matter back to UAC for the applicant to be given an opportunity to be heard again and demonstrate fulfilment of all conditions including applicable penalties. DECISIONS ON SUPPLEMENTARY AGENDA Item No. 51.23: Proposals for setting up of SEZs (i) Proposal of M/s. M.P. Audyogik Kendra Vikas Nigam (Indore) Limited, for setting up of a sector specific Special Economic Zone for Gems Jewellery at Village Rangwasa, District Indore, Madhya Pradesh, over an area of 10.924 hectares. The Board noted that the Developer was in possession of the land. The Government of Madhya Pradesh had also recommended the proposal for fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tructure facilities for IT/ITES, over an area of 57.56 hectares, in accordance with the co-developer agreement entered into with the developer. Item No. 51.25: Requests for increase/decrease in area Request of M/s. Infosys Limited for addition of land in the sector specific SEZ for IT/ITES at villages Boorgunte, Sarjapur and Billapur, Taluka Anekal, District Bangalore, Karnataka After deliberation, the Board decided to approve the request of M/s. Infosys Limited for addition of land measuring 78.082 hectares to the already notified area of 24.446 Ha, thereby, making the total area of the SEZ as 102.528 hectares. The approval is subject to the contiguity of the SEZ being maintained. Item No. 51.26: Requests for grant of second extension of in-principle approval. Request of M/s. Trac Technologies India Limited for extension of in-principle approval granted for setting up of a sector specific SEZ for Multi Services, over an area of 1182.19 hectares, at Krishnagiri District, Tamil Nadu, beyond 26th February, 2012. The Board, after, deliberations, extended the validity of the in-principle for a period of 01 year beyond 26th February, 2012 (i.e. up to 26th February, 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in, Joint Secretary and Legislative Counsel, Ministry of Law Justice, New Delhi 9. Shri S. Singh, Secretary, AIADA 10. Shri Dinesh Pahadia, Deputy GM, RIICO, Government of Rajasthan, Jaipur, Rajasthan 11. Shri Manjunath Gonda, Resident Director, Karnataka Udyog Mitra Karnataka Bhavan 3, Khelgaon Marg, New Delhi 12. Shri U.K.S. Chauhan, Resident Commissioner, Government of Kerala, New Delhi 13. Dr. T. Pradhan, Joint Resident Commissioner, Government of Odisha 14. Shri S.D. Sharma, Additional Resident Commissioner, Government of Uttarakhand 15. Shri O.P. Kapoor, Joint DG, EPCES 16. Shri P.K. Das, Managing Director, MP Trade Investment Facilitation Corporation, Bhopal, Madhya Pradesh 17. Shri R.K. Sinha, Deputy Director, Office of Development Commissioner (MSME), Ministry of MSME, Nirman Bhawan. 18. Shri R.C. Dahra, Additional Director Industries, Department of Industries, Government of Haryana 19. Shri Subhash Sharma, O.S.D. CSIDC Limited, Government of Chhattisgarh 20. Shri A.K. Agarwal, Additional Industrial Adviser, Department of Chemical Petrochemical, Ministry of Chemicals and Fertilizer, New Delhi 21. Shri T.A. Khan, ( ..... X X X X Extracts X X X X X X X X Extracts X X X X
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