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TMI BlogMinutes of the 62nd meeting of the Board of Approval for SEZ held on 24th July 2014 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 ..... em No. 62.1: Requests for extension of validity of formal approvals BoA in its meeting held on 14th September, 2012, examining similar cases observed as under: - The Board advised the Development Commissioners to recommend the requests for extension of formal approval beyond 5th year and onwards only after satisfying that the developer has taken sufficient steps towards operationalisation of the project and further extension is based on justifiable reasons. Board also observed that extensions may not be granted as a matter of routine unless some progress has been made on ground by the developers. The Board, therefore, after deliberations, extended the validity of the formal approval to the requests for extensions beyond fifth years for a period of one year and those beyond sixth year for a period of 6 months from the date of expiry of last extension . (i) Request of M/s. DLF Info Park (Pune) Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Rajiv Gandhi Infotech Park, Phase II, Pune, Maharashtra, beyond 26th June, 2014 The Board after deliberations extended the validity of the formal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , granted for setting up of multi product SEZ at village Sinnar, District Nashik, Maharashtra, beyond 24th June, 2014 The Board after deliberations extended the validity of the formal approval up to 24th June, 2015. (ix) Request of M/s. Gopalan Enterprises (India) Private Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Mahadevapura Kaggadaspura, K.R. Puram, Whitefield, Bangalore, Karnataka, beyond 2nd July, 2014 The Board after deliberations extended the validity of the formal approval up to 2nd July, 2015. (x) Request of M/s. Gulf Oil Corporation Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES/BPO/Electronic Hardware at Kattigenahalli and Venkatala villages, Yelahanka Hobli, Bangalore, Karnataka, beyond 17th June, 2014 The Board after deliberations extended the validity of the formal approval up to 17th June, 2015. (xi) Request of M/s. Karle Infra Private Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES/BPO ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2015. (xviii) Request of M/s. Dr. Fresh Health Care Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Village Ghamroj, Tehsil Sohna, Gurgaon-Sohna Road, Gurgaon, Haryana, beyond 25th June 2014 The Board after deliberations extended the validity of the formal approval up to 25th June, 2015. (xix) Request of M/s. G.P. Realtors Private Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Electronic Hardware and IT/ITES at village Ghata, Behrampur and Balola, District Gurgaon, Haryana, beyond 25th July, 2013 The Board after deliberations extended the validity of the formal approval up to 25th January, 2015. (xx) Request of M/s. MPAKVN (Jabalpur) Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Agro and Agro based products at village Umariya Dungariya, Shahpura, Distt. Jabalpur, Madhya Pradesh, beyond 13th January 2013 The Board after deliberations extended the validity of the formal approval up to 13th January, 2015. (xxi) Request for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sion of LoP beyond 3rd Year onwards (i) Request of M/s. Marsons Industries Pvt. Ltd., a unit in the sector specific SEZ for Engineering SEZ being developed by M/s. Mahindra World City (Jaipur) Ltd. at village Kalwara, Tehsil Sanganer, Distt. Jaipur, Rajasthan for extension of Letter of Permission (LOP) beyond 12th March, 2014 The Board after deliberations extended the validity of the LoP up to 12th March, 2015. (ii) Request of M/s. Girnar Software (SEZ) Pvt. Ltd., a unit in the sector specific SEZ for IT/ITES SEZ being developed by M/s. Mahindra World City (Jaipur) Ltd. at village Kalwara, Tehsil Sanganer, Distt. Jaipur, Rajasthan for extension of Letter of Permission (LOP) beyond 29th March, 2014 The Board after deliberations extended the validity of the LoP up to 29th March, 2015. (iii) Request of M/s. Meghmani Unichem LLP, a unit in Dahej SEZ for extension of Letter of Permission (LOP) beyond 30th June 2014 The Board after deliberations extended the validity of the LoP up to 31st December, 2014. (iv) Request of M/s ONGC Petro additions Limited (OPaL), a unit in multi-product SEZ developed by Dahej SEZ at Bharuch Gujarat for extension of validity pe ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... deliberations extended the validity of the LoP up to 31st March, 2015. (xiii) Request of M/s JK Infotech Pvt. Ltd., a unit in MIDC SEZ at Rajiv Gandhi Infotech Park, Hinjewadi, Phase-III, Pune, Maharashtra for extension of validity period of its LoP beyond 16th July, 2014 The Board after deliberations extended the validity of the LoP up to 16th July, 2015. (xiv) Request of M/s Trio Technologies, a unit MIDC SEZ at Rajiv Gandhi Infotech Park, Hinjewadi, Phase-III, Pune, Maharashtra for extension of validity period of its LoP beyond 1st February, 2014 The Board after deliberations extended the validity of the LoP up to 1st February, 2015. (xv) Request of M/s iGate Global Solutions Limited, a unit in MIDC at Rajiv Gandhi Infotech Park, Hinjewadi, Phase-III, Pune, Maharashtra for extension of validity period of its LoP beyond 4th August, 2014 The Board after deliberations extended the validity of the LoP up to 4th August, 2015. (xvi) Request of M/s Allied Digital Services Limited, a unit in MIDC at Plot No. 22/1, Rajiv Gandhi Infotech Park, Hinjewadi, Phase-III, Pune, Maharashtra for extension of validity period of its LoP beyond 01st September, 2013 Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1.2 MMTPA of LNG shall be supplied to other units, which are likely to come up in Adani Ports and SEZ Ltd and other SEZs. After deliberations, the Board approved the proposal of M/s GSPC LNG Ltd. for development, operation and maintenance of specific infrastructure facilities i.e. LNG Terminal, storage and re-gasification facilities and related facilities, over an area of 28 hectares. The Board also approved the proposal for following specific authorized operations in the processing area of the SEZ: 1. LNG Receiving Terminal (a) Jetty Platform (b) Breasting and Mooring Dolphins (c) Approach Trestle (including roadways piping) 2. LNG Storage Tanks Re-gasification facilities The approval is subject to the following conditions:- (i) The approval is only for creation of infrastructure facilities in the above-mentioned area. (ii) M/s. GSPC LNG Limited shall import the LNG as a unit after approval in the UAC, regasify it and supply / operate it with all applicable NFE obligations. (ii) Request of M/s. Trans Asian Shipping Services Pvt. Ltd. for co-developer in the sector specific SEZ for IT/ITES at Infopark SEZ (Phase-II), Kunnathaunadu Taluk, Ernakul ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he following conditions:- (i) The approval is only for creation of infrastructure facilities in the above-mentioned area. (ii) M/s. Indian Oil Corporation Limited shall import the LPG as a unit after approval in the UAC, regasify it and supply / operate it with all applicable NFE obligations Item No. 62.6 : Proposals for setting up of SEZs (i) Proposal of M/s. Adani Ports and Special Economic Zone Ltd. (APSEZL), for setting up of Multi Product SEZ at Mundra Taluka, District Kutch, Gujarat, over an area of 1856.5335 hectares. The Board noted that the Developer is in possession of the land, which is contiguous and vacant. The State Government has also recommended the proposal. Representative of MHA informed to the Board that they have accorded security clearance to the proposal. However, the Board noted that there are certain issues relating to independent access to the proposed SEZ and security, which needed to be further clarified. Therefore, the Board, after deliberations, decided to defer the proposal. Item No. 62.7 : Miscellaneous Cases (i) Request for permission to use Railway track siding, Material Handling equipment of Coal Handling System of T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... prove the request of the unit for permission to procure Mother of Pearls, a restricted item under ITC (HS) classification, subject to the condition that the unit will obtain necessary Environment and other Clearances before procuring such items. (vii) Request of M/s. Uni-Design Jewellery Pvt. Ltd. (Unit-III), a unit in SEEPZ SEZ for permission to procure Mother of Pearls, a restricted item under ITC (HS) classification The Board after deliberations decided to approve the request of the unit for permission to procure Mother of Pearls, a restricted item under ITC (HS) classification, subject to the condition that the unit will obtain necessary Environment and other Clearances before procuring such items. (viii) Request of M/s. Quest SEZ Development Private Limited, developer of sector specific SEZ for manufacture of precision engineering products at Belgaum, Karnataka for the name change to M/s. Aequs SEZ Private Limited The Board approved the proposal of M/s. Quest SEZ Development Private Limited for change of name of the developer from M/s. Quest SEZ Development Private Limited to M/s. Quest Global SEZ Private Limited and subsequently from M/s. Quest Global SEZ Priv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... luding those relating to lease of land, as applicable. (vii) The decision will not interfere with the income tax assessment of both the entities. (viii) Despite merger, benefit calculation will be allowed only for the balance period. (ix) The applicants shall maintain separate books of accounts for its co-developer function distinct from its SEZ unit. (x) Request of M/s. MAS GMR Aerospace Engineering Company Limited (co-developer) of M/s. GMR Hyderabad Aviation SEZ Limited, (Developer) in an Existing Airport at Mamidipalli village, Shamshabad Mandal, Ranga Reddy District, Andhra Pradesh for approval of change in shareholding pattern and company s name The Board after deliberations decided to approve the proposal subject to each entity independently fulfilling the following conditions: (i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered co-developer entity; (ii) Fulfillment of all eligibility criteria applicable to co-developers, including security clearances etc., by the altered co-developer entity and its constituents; (iii) Applicability of and compliance with all Revenue / Company Affairs /SEBI ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nefra Engineering Construction Ltd. for change in the name of the developer to M/s. Aspen Infrastructures Ltd. located at (i) Coimbatore, Tamil Nadu (ii) Udupi, Karnataka and (iii) Vadodara, Gujarat subject to following conditions: (i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered developer entity; (ii) Fulfillment of all eligibility criteria applicable to developers, including security clearances etc., by the altered developer entity and its constituents; (iii) Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc. (iv) Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT, Department of Revenue and to the jurisdictional Authority. (v) The Assessing Officer shall have the right to examine and assess the taxability and eligibility for deduction under relevant sections of the Income Tax Act, 1961 . (vi) The applicant shall comply with relevant State Government laws, including those r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... that the proposals for cancellation may be deferred in view of the scenario arising out of bifurcation of State of Andhra Pradesh and creation of new State of Telengana. Therefore, these 15 cases may not be cancelled. In the case of M/s. Xansa (India) SEZ Development Pvt. Ltd., DC MEPZ informed the Board that the developer is likely to initiate steps for making the SEZ operational shortly. The Board, accordingly, decided that the following 16 cases may not be cancelled at this stage:- Sr. No. Name of the Developer Sector Date of formal approval Zone 1. M/s. Deccan Infrastructure and Land Holdings Ltd.(Chinnakondur, Choutuppal, Nalgonda Distt.) Pharmaceutical Products including medical devices 30.10.2008 VSEZ 2. M/s. Deccan Infrastructure and Land Holdings Ltd.(Akuthotapally, Amangal, Mahboobnagar) Textile, Apparel, Garments, Fashion Acc. 25.06.2008 VSEZ 3. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lem, Madhurawada, Visakhapatnam) IT/ITES 08.09.2008 VSEZ 15. M/s. AP Markfed (Karimnagar) IT/ITES 08.02.2008 VSEZ 16. M/s Xansa (India) SEZ Development Pvt. Ltd. (Chennai, Tamilnadu) IT/ITES 17.01.2006 MEPZ The Board noted that the progress made by the following developers is not satisfactory. The Board, after deliberations, decided to cancel the formal approval in 27 cases granted to the following developers. The approval is subject to the DC furnishing a certificate in the prescribed format certifying that the developer has not availed any tax/duty benefits under SEZ Act / Rules or has refunded any such benefits availed by it and subject to the State Govt. furnishing it s no objection certificate to the proposal. Sr. No. Name of the Developer Sector Date of formal approval Zone 1. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7.2007 SEEPZ 12. M/s. Pride Infrastructure Pvt. Ltd. (Charoli, Budruk, Taluka Haveli, Pune) Electronic Hardware and Software including IT/ITES 25.10.2007 SEEPZ 13. M/s. Rajiv Gandhi IT Park Co-op Society Ltd. (Girnar Paithan Road, Distt. Aurangabad) IT/ITES 30.10.2008 SEEPZ 14. M/s. Kirti Infrastructure Pvt. Ltd. (Village Lohagaon, Taluka Haveli, Distt. Pune) IT/ITES 27.02.2009 SEEPZ 15. M/s. Siddhivinayak Knowledge City Developers Pvt. Ltd. (Village Bhonsari, Taluka Haveli, District Pune) Electronic Hardware and Software including IT/ITES 19.06.2007 SEEPZ 16. M/s. Jindal Photo Limited (Igatpuri Nasik, Maharashtra) IT/ITES 25.06.2007 SEEPZ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the Development Commissioner FSEZ/UAC The Board heard the appellant and after examining the matter decided to reject the appeal. (iii) Appeal of M/s. Ellenbarrie Exim Ltd., a unit under FSEZ against order dated 25th February, 2014 of the Development Commissioner FSEZ/UAC The Board heard the appellant and after examining the matter decided to reject the appeal. (iv) Appeal of M/s. Tata Consultancy Services, a unit in NSEZ against order dated 2nd April, 2014 of the UAC The Board heard the appellant and after examining the matter directed the DC NSEZ to complete the exit formalities in time bound manner subject to fulfilment of conditions of exit by the unit. The Board rejected the appeal of the unit for transfer of building to M/s. Aqua Pools Spas. (v) Appeal of M/s. Aqua Pools Spas, a unit in NSEZ against order dated 2nd April, 2014 of the UAC The Board after examining the matter decided to reject the appeal of the unit for transfer of building from M/s. Tata Consultancy Services to M/s. Aqua Pools Spas. (vi) Appeal of M/s. Lakshman Overseas, a unit in NSEZ against SEZ Authority decision taken in meeting on 20.03.2014 The Board heard the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... * Annexure - 1 List of Participants for the Meeting of the Board of Approval for Special Economic Zones held on 24th July, 2014 under the Chairmanship of Commerce Secretary, Department of Commerce 1. Shri Rajeev Kher, Chairman, BoA Commerce Secretary, Department of Commerce. 2. Smt. Mala Srivastava, Member (Customs EP), CBEC, Department of Revenue 3. Shri Ram Tirath, DGEP, Department of Revenue, Ministry of Finance 4. Shri Muruganandam, Joint Secretary, Ministry of Shipping 5. Shri Krishna Pratap Singh, Additional DGEP, CBEC, Department of Revenue. 6. Shri Jitendra Kumar, Additional DGEP, CBEC, Department of Revenue. 7. Dr. L. B. Singhal, Additional DGFT, Dte. General of Foreign Trade 8. Ms. Deepshikha Sharma, Deputy Secretary (ITA-1), CBDT, Department of Revenue, Ministry of Finance 9. Shri Dinesh Kumar, Deputy Secretary, Ministry of Shipping 10. Shri P.K. Gupta, DGM, Ministry of Home Affairs 11. Shri R.D. Meena, Research Assistant, TCPO, Ministry of Urban Development 12. Dr. S.K. Sahoo, Office of Development Commissioner (MSME), Ministry of MSME, Nirman Bhawan. 13. Shri A.K. Pathania, SIO, DGEP, Department of Revenue 14. S ..... X X X X Extracts X X X X X X X X Extracts X X X X
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