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TMI BlogMinutes of the 63rd meeting of the Board of Approval for SEZ held on 18th September 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 ..... 2013-14. Item No. 63.1: 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. Milestone Buildcon Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Chokkanahalli Village, Bangalore, Karnataka, beyond 29th October 2014 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 ..... Nimoth District Gurgaon, Haryana beyond 13th July, 2014 The Board after deliberations extended the validity of the formal approval up to 13th July, 2015. (ix) Request of M/s. Uppal IT Projects Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Plot No. TZ - 07, Sector IT Park, Tech Zone, Greater Noida, beyond 16th March, 2014 The Board noted that the progress made by the developer since the last extension is not satisfactory. The Board, after deliberations, rejected the proposal of further extension and directed that DC, NSEZ will issue show cause notice to the Developer for non implementation of the project. (x) 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 IT/ITES at village Behrampur, District Gurgaon, Haryana, beyond 13th November 2014 The Board after deliberations extended the validity of the formal approval up to 13th November, 2015. (xi) Request of M/s. Navi Mumbai SEZ Private Limited for further extension of the validity period of formal approval, gra ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ra Technologies Limited, a unit in APIIC SEZ for extension of Letter of Permission (LOP) beyond 16th December 2013 The Board after deliberations extended the validity of the LoP up to 16th December, 2014. (v) Request of M/s. ACN Infotech (India) Private Limited, a unit in the sector specific SEZ for IT/ITES being developed by M/s. APIIC at Hill No. 2, Madhurawada, Visakhapatnam, Andhra Pradesh for extension of Letter of Permission (LOP) beyond 22nd July, 2013 The Board after deliberations extended the validity of the LoP up to 21st January, 2015. (vi) Request of M/s Colour Chips New Media Limited, a unit in APIIC IT SEZ at Madhurvada, Visakhapatnam, Andhra Pradesh for extension of validity period of its LoP beyond 4th March, 2014 The Board after deliberations extended the validity of the LoP up to 4th March, 2015. (vii) Request of M/s Shantha Biotechnics Limited, Unit-1 in M/s Shantha Biotechnics Ltd. SEZ at Muppireddypalli Village, Toopran Mandal, Medak District, Andhra Pradesh for extension of validity period of its LoP beyond 28th September, 2014 The Board after deliberations extended the validity of the LoP up to 28th September, 2015. Item No. 63 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... qmt. super area including basement in the processing area of the SEZ, over an area of 4428 sqm, in accordance with the co-developer agreement entered into with the developer. (iii) Request of M/s. East Godavari Power Distribution Company Pvt. Ltd. for co-developer in the multi product SEZ at Villages Ponnada, Mulapeta and Ramnakkapeta, Kakinada, East Godavari District, Andhra Pradesh, being developed by M/s. Kakinada SEZ Pvt. Ltd. After deliberations, the Board approved the request of M/s. East Godavari Power Distribution Company Pvt. Ltd. for undertaking the following operations over an area of 1013.64 hectares, in accordance with the co-developer agreement entered into with the developer:- (i) Electrical Distribution Network including necessary sub-stations of appropriate capacity, pipeline network, power back up facilities etc. (ii) Procurement and setting up of infrastructural facilities and equipment required for distribution of power. (iii) Undertake operation and maintenance of the infrastructure facilities and equipment procured and setup for undertaking power distribution function (iv) Undertake power distribution function. Item No. 63.5 : Proposals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 relating to lease of land, as applicable. (vii) The developer shall furnish details of PAN and jurisdictional assessing officer of the developer to CBDT. (ii) Proposal of M/s. Wipro Limited for setting up of sector specific SEZ for IT/ITES at Resapuvanipalem Village, Visakhapatnam, Andhra Pradesh, over an area of 1.22 hectares. The Board noted that the Developer is in possession of the land. The Government of Andhra Pradesh has also recommended the proposal vide their letter dated 12.08.2014. Ac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r the proposal and directed the DC VSEZ to furnish report on the utilization of material imported by the unit. The Board also directed DC VSEZ to resubmit the proposal after obtaining the NOC from MoEF along with the report on utilization on 40000 MT of Ferro Manganese Slag imported earlier. (iv) Request of M/s Manipal ETA Infotech Limited for amendment to the area given in the formal approval dated 4.1.2012 by increasing the same from 11.20 hectares to 17 hectares After deliberations, the Board decided to approve the request of M/s. Manipal ETA Infotech Limited for increasing the area of the formally approved SEZ by 5.80 hectares from the formally approved area of 11.20 hectares thereby making the total area of the formally approved SEZ as 17 hectares, subject to contiguity of the SEZ being maintained. (v) Request of M/s Stylus Commercial Services Pvt. Ltd., co-developer in M/s. Manyata Embassy Business Park SEZ, a sector specific SEZ for IT/ITES at Bangalore, Karnataka for shifting of operations from C2 Tower to increased office space in H2 Tower After deliberations, the Board approved the request of M/s Stylus Commercial Services Pvt. Ltd. for shifting of operati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 relating to lease of land, as applicable. (vii) The developer shall furnish details of PAN and jurisdictional assessing officer of the developer to CBDT. (viii) Request of M/s OPGS Power Gujarat Pvt. Ltd., a co-developer in M/s. OPGS Infrastructure Pvt. Ltd., a sector specific SEZ for Engineering at Bhadreshwar, Mundra, Kutch, Gujarat for change of nature of power plant from Captive to Group Captive The Board noted that the BoA, in its 61st meeting held on 3rd April, 2014, had ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 relating to lease of land, as applicable. (vii) The developer shall furnish details of PAN and jurisdictional assessing officer of the developer to CBDT. (xi) Request of M/s Unitech Infra-con Ltd., developer of sector specific SEZ for IT/ITES at Plot No. TZ-04, Greater Noida (U.P.) for change in shareholding pattern After deliberations, the Board approved the request of the developer for change in shareholding pattern of the company, 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... No. 20 21, Sector - 135, Noida, U.P. for change in shareholding pattern After deliberations, the Board approved the request of the developer for change in shareholding pattern of the company, 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 rel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll 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 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 relating to lease of land, as applicable. (vii) The developer shall furnish details of PAN and jurisdictional assessing officer of the developer to CBDT. (xvi) Request of M/s Pooja Scrap Industries (Partnership), a unit in VSEZ for extension of validity of LoP for the next block of five years from 31.08.2014 The Board, after deliberations, approved the proposal for extens ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Dist. Kutch Gujarat) Polymer based 07.01.2008 KASEZ 4. M/s. Adani Townships Real Estate Company Pvt. Ltd. (Village Dantali, SG Highway, Ahmedabad, Gujarat) IT/ITES 12.06.2007 KASEZ 5. M/s. Gaurinandan Property Holders Pvt. Ltd. (Village Badarabad Taluka Daskaroi, Dist. Ahmedabad, Gujarat) IT/ITES 21.11.2008 KASEZ 6. M/s. Gujarat Industrial Development Corporation (Jhagadia Bharuch, Gujarat) Ceramic and Glass Industry 21.08.2006 KASEZ 7. M/s. Integrated Warehousing Kandla Project Development Pvt. Ltd. - Co-developer in Kandla SEZ FTWZ 15.02.2007 KASEZ 8. M/s. Chennai Business Park Pvt. Ltd. (Madhuranthagam Taluka, Kanchipuram District, Tamil Nadu) IT/ITES ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , a unit in Dahej SEZ against order dated 03.07.2014 of the UAC The Board heard the appellant and noted that the case is not covered under Rule 18(4)(d) of SEZ Rules, 2006 . Therefore, the Board decided to reject the appeal. Decisions on Supplementary Agenda Item No. 63.10 : Miscellaneous cases (i) Request of M/s Adani Power Dahej Ltd. (APDL) for grant of permission for Right of Way to install Coal Conveyor through Dahej SEZ for 4 X 660 MW Thermal Power Project The Board noted the proposal is for grant of permission for Right of Way to install Coal Conveyor through Dahej SEZ for Thermal Power Project being developed by M/s Adani Power Dahej Ltd. in the DTA area. After deliberations, the Board decided to grant in-principle approval for grant of permission for Right of Way to install Coal Conveyor through Dahej SEZ for 4 X 660 MW Thermal Power Project. However, the Board decided to form a Committee consisting of DC KASEZ, DC Dahej SEZ Ltd., Developer of Dahej SEZ Ltd. and Jurisdictional Commissioner of Customs Central Excise to examine the conditions to be imposed for such permission and submit their recommendations to Deptt. of Commerce, which shall take a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ding pattern of the company, subject to following conditions:- (i) The developer shall provide the details of board of directors of the existing developer and the new purchaser company and a copy of Purchase Agreement entered between the developer and the purchaser company immediately on entering into such agreement. (ii) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered developer entity; (iii) Fulfillment of all eligibility criteria applicable to developers, including security clearances etc., by the altered developer entity and its constituents; (iv) Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc. (v) 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. (vi) 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 . ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... missioner, Falta, Kolkata 28. Shri N.P.S. Monga, Development Commissioner, SEEPZ SEZ 29. Shri A.K. Choudhary, Development Commissioner, MEPZ 30. Shri Vijay Shewale, Development Commissioner, KASEZ 31. Shri K.L. Sharma, Development Commissioner, Sterling SEZ, Gujarat 32. Smt. Lata Shukla, Development Commissioner, Mundra SEZ 33. Shri A.K. Rathore, Joint Development Commissioner, ISEZ, Indore, Madhya Pradesh. 34. Shri Rakesh Kumar, Deputy Development Commissioner, Noida SEZ 35. Smt. Mala Rangarajan, Deputy Development Commissioner, Noida SEZ LIST OF PARTICIPANTS OF DEPARTMENT OF COMMERCE 36. Shri Madhusudan Prasad, Additional Secretary, Department of Commerce 37. Shri Rajeev Arora, Joint Secretary, Department of Commerce 38. Shri Madhup Vyas, Director, Department of Commerce 39. Shri S.S. Kumar, Under Secretary, Department of Commerce 40. Shri Kabiraj Sabar, Under Secretary, Department of Commerce 41. Shri Vinod Kumar, Section Officer, Department of Commerce 42. Shri R.K. Dutta, Section Officer, Department of Commerce - Circular - Trade Notice - Public Notice - Instructions - Office orders Tax Management India - taxmanagementindia ..... X X X X Extracts X X X X X X X X Extracts X X X X
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