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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 ..... ns 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. (ii) Proposal of M/s. Jubilant Infr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 Board directed to seek a clarification in the matter from the M/o Textiles and de ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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 following authorized operations in the Processing area/non-processing area:- In the processing area S. No. Name of A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 co-developer in the sector specific SEZ for IT/ITES at villages Gaudakashipur and Arisal, Tehsil Jatni, District Khurda, Orissa being developed by Orissa Industrial Infrastructure Development Corporation, for increase in area of their operations After deliberations, the Board decided to approve the request of the co-developer for increasing the area of their operations by 5.069 acres (2.06 hectares), thereby making the total area of their operations as 50.919 acres (20.605 hectares). The approval is subject to the contiguity of the SEZ being maintained. (ii) Request of M/s. Mahindra World City (Jaipur) Limited for addition of land in the sector specific SEZ for IT/ITES including Software and Hardw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 2012 The Board after deliberations extended the validity of the formal approval up to 25th July 2013. (vi) 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 Multi Services at Kalamboli, Navi Mumbai, Maharashtra, beyond 25th July 2012 The Board after deliberations extended the validity of the formal approval up to 25th July 2013. (vii) Request of M/s. Haaciendaa Infotech & Realtors Private Limited for third extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at No. 51, Sholinganallur village, Old Mahabalipuram Road, Tambaram Taluk, Kancheepuram District, Tamil Nadu, beyond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed 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 of the in-principle approval up to 25th October 2012. Item No. 51.9: Requests for de-notification (i) Request of M/s. Bannari Techno Park Private Limited for de-notification of the sector specific SEZ for IT/ITES at Kalapatty village, Coimbatore, Tamil Nadu, notified over an area of 24.055 hectares After deliberations, the Board decided to approve the request of M/s. Bannari Techno Park Private Limited for de-notification of the sector specific SEZ for IT/ITES at Kalapatty village, Coimbatore, Tamil Nadu, notified over an area of 24.055 hectares, subject to DC's certificate that the developer has refunded all the tax/duty benefits availed under SEZ Act/Rules. (ii) Request of Maharashtra Industrial Development Corporation (MIDC) for denotification of the sector specific SEZ fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ne 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 specific SEZ for IT/ITES at Phase-II, Hinjewadi, Pune being developed by Maharashtra Industrial Development Corporation (MIDC) beyond 4th 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 4th February, 2013. (iii) Request of M/s. Tata Consultancy Services Limited, a unit in MIHAN SEZ, Nagpur, Maharashtra for extension of Letter of Permission (LOP) beyond 23rd April, 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 23rd April, 2013. (iv) Request of M/s. XL Energy Limited, a unit in the sector specific SEZ for Semiconductors being developed by M/s. FAB City SPV (India) Private Limited at Raviryala ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... f 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 and directed the DC to bring the matter before the BoA as and when necessary. (ii) Request of M/s Pipavav Defence & Offshore Engineering Company Limited, a unit in the sector specific SEZ for engineering sector in District Amreli, Gujarat being developed by M/s E. Complex Private Limited The Board granted the request of the unit for procurement of the prohibited/restricted as listed in the Annexures-3 & 4 of the Agenda, subject to the unit seeking approval from all administrative Ministries/Departments concerned including DIPP and M/o Defense and also obtaining all regulatory approvals required before importing such items. (iii) Request of M/s. Mundra Port and Special Economic Zone Limited for importing, storing and re-exporting vegetable oil on account of cargo owners in the earmarked FTWZ area The BoA noted that besides the involvement of trading of prohibited/restric ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ting 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 Gates Proposal of DC, KASEZ, for approval of an additional entry/exit gate in the new area for movement of Over Dimensional Cargo (ODC) The Board, after deliberations, approved the request for setting up an additional entry/ exit gate in the KASEZ for movement of Over Dimensional Cargo (ODC). Item No. 51.19: Requests for setting up of Disaster Recovery Site (i) Request of M/s. Tata Consultancy Services Limited, a unit in DLF Info City SEZ, Chennai for setting up disaster recovery site in case of a disaster in SEZ location (ii) Request of M/s. Tata Consultancy Services Limited, a unit in Unitech Infospace SEZ, Kolkata for setting up disaster recovery site in STPI location, Bangalore in case of a disaster at SEZ location (iii) Request of M/s. Accenture Services Private Limited, a unit in Shriram Properties & Infrastructure Services Private Limited for setting up disaster recovery site in case of a disast ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o-developer for changing its name to M/s. Ascendas IT SEZ (Chennai) Private Limited (iv) Request of M/s. Ajanta Projects (India) Limited for changing its name to M/s. Inspira Infra (Aurangabad) Limited The Board was informed that the M/s. Ajanta Projects (India) Limited has simply changed its name to M/s. Inspira Infra (Aurangabad) Limited and there is no change in the shareholding of the company. The Board, after deliberations, granted approval to the request of M/s. Ajanta Projects (India) Limited for changing its name to M/s. Inspira Infra (Aurangabad) Limited in the following SEZs where it is developer:- S.No. Sector/Location Date of notification Area 1. Non-Conventional Energy including Solar Energy Equipment (originally Biotechnology) at Shendre, District Aurangabad, Maharashtra 5.08.2008 10 Ha 2. Pharmaceuticals SEZ at Shendre, District Aurangabad, Maharashtra 22.10.2008 100 Ha (v) Request of M/s Flagship Infrastructure Private Limited for de-merger of the company resulting into three companies and transfer of approval to one of the demerged company The Board noted that the proposal for transfer of formal approval is as per Hon'ble High Court Bombay's order d ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of all eligibility criteria applicable to co-developers by the altered developer entity and its constituents; (c) Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc. (d) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable. The Board further directed that full financial details relating to the transfer of equity shall be furnished immediately to the Member (IT) CBDT, Department of Revenue. It was noted that in such 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. Further the balance sheet of the company before and after the transaction shall be provided to CBDT through the DC. Item No. 51.21: Request for reconsideration of the decision of BoA regarding grant of co-developer status to M/s. SGS India Private Limited and M/s. Basix Academy for Building Lifelong Employability (B-ABLE in the non-processing (as against their request for setting up such facility in the processing area) The Board no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Board decided to grant formal approval to the 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 10.924hectares. (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 thought the proposal has been recommended by the Government of Madhya Pradesh, the land is presently not in the possession of the developer. Since, as a matter of policy the Board has not been granting in-principle approval of the SEZ requiring a minimum land area of 10 Ha, the proposal was deferred. (iii) Proposal of M/s. Tata Consultancy Services Limited, for setting up of a sector specific Special Economic Zone for IT/ITES at Tubarahalli & Siddapura village, Varthur Hobli, Bangaluru East Taluk, Bangaluru, Karnataka, over an area of 11.03 hectares. The Board noted that the land is presently not in the possession of the developer. The Government of Karnataka has also recommended the proposal was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unit in Dahej SEZ for permission for establishing a Training Academy in the processing area The Board, after deliberations, rejected the request of the unit for establishing a Training Academy in the processing area. The Board also directed the DC to take necessary action in this regard and to ensure that the unit refunds all the duty benefits availed, if any, in construction the un-approved structures. Item No.51.28: Request for clarification regarding qualification of sales of Cash Dispenser Machines (CDM) from SEZ units to Domestic Tariff Area (DTA) as deemed exports The Department of revenue sought deferment of the item stating that they have already sought comments/views of TRU on the issue and since TRU is busy with the budgetary exercise, they are not in a position to offer their comments before the presentation of the general budget. Accordingly, the item was deferred and the DoR was requested to furnish their comments by 20th March, 2012. Item No.51.29: Request for setting up of an additional entry/exit gate in sector specific SEZ for Engineering Goods at District Amreli, Gujarat, being developed by M/s Ecomplex Private Limited, for movement of Over Dimensional Cargo ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Shri B. Bhattacharya, SIO, DGEP, Department of Revenue. 24. Shri A.S. Das, Consultant, IDCO, Government of Orissa LIST OF DEVELOPMENT COMMISSIONERS 25. Shri M.S. Rao, Development Commissioner, VSEZ, Visakhapatnam and i/c CSEZ 26. Shri Sanjeev Nandwani, Development Commissioner, Falta, Kolkata 27. Shri Vijay N. Shewale, Development Commissioner, Surat SEZ, Surat 28. Shri Pravir Kumar, Development Commissioner, KASEZ & Dahej SEZ 29. Shri Mahendra Jain, Development Commissioner, NMSEZ and Indiabulls SEZ 30. Shri S. Kishore, Development Commissioner, APSEZ 31. Shri K.L. Sharma, Development Commissioner, Sterling SEZ, Gujarat 32. Shri Ved Prakash, Development Commissioner, Mihan SEZ 33. Shri Anil Bamba, Development Commissioner, Sricity SEZ 34. Shri CPS Bakshi, Development Commissioner, Noida SEZ, Uttar Pradesh 35. Sh. S.N. Patil, Joint Development Commissioner, Dahej SEZ 36. Shri B. Pattanaik, Joint Development Commissioner Mundra SEZ and KASEZ 37. Shri A.K. Rathore, Joint Development Commissioner, ISEZ, Indore, Madhya Pradesh. 38. Shri P.S. Raman, Deputy Development Commissioner, SEEPZ SEZ LIST OF PARTICIPANTS OF DEPARTMENT OF COMMERCE 39. Shri Anu ..... X X X X Extracts X X X X X X X X Extracts X X X X
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