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TMI BlogMinutes of the 64th meeting of the Board of Approval for SEZ held on 20th February 2015 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 ..... tine 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. Uralungal Labour Contract Co Operative Society Limited (ULCCS Ltd.) for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Nellikode Village, Kozhikode, Kerala, beyond 31st December 2014 The Board after deliberations extended the validity of the formal approval up to 30th June, 2015. (ii) Request of M/s. Smart City (Kochi) Infrastructure Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Block 9, Kakkanad Village, Kanayannor Taluk, Ernakulam District, Kerala, beyond 20th April, 2015 The Board after deliberations extended the validity of the formal approval up to 20th April, 2016. (iii) Request of M/s. Saraf Agencies Private Ltd. for extension of the validity period of formal approv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... strict, Aurangabad, Maharashtra, beyond 8th May, 2014 The Board noted that the developer has not made any progress since the case was rejected by the BoA in its meeting held on 26th July, 2014. DC SEEPZ has also informed that no progress since July, 2015 has been made by the developer. Accordingly, the Board, after deliberations, decided to reject the proposal for further extension. Item No. 64.2 : Requests for extension of LoP beyond 3rd Year onwards (i) Request of M/s. Torrent Pharmaceuticals Ltd. (TPL), a unit in M/s. Dahej SEZ Limited, Gujarat for extension of LoP beyond 2nd December, 2014 The Board after deliberations extended the validity of the LoP up to 2nd December, 2015. (ii) Request of M/s. Benzo Chem Industries Pvt. Ltd. (Benzo), a unit in M/s. Dahej SEZ Limited, Gujarat for extension of LoP beyond 7th September, 2014 The Board after deliberations extended the validity of the LoP up to 7th September, 2015. (iii) Request of M/s. Galaxy Surfactants Ltd. (GSL), a unit in M/s. Dahej SEZ Limited, Gujarat for extension of LoP beyond 6th March, 2014 The Board after deliberations extended the validity of the LoP up to 6th March, 2016. (iv) Request of M/s Sun Pharmaceut ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eliberations extended the validity of the LoP up to 28th June, 2016. (xiii) Request of M/s. Container Corporation of India Ltd., a unit in SIPCOT Hi-Tech SEZ at Sriperumbudur Taluk, Kancheepuram District, Tamil Nadu for extension of validity period of its LoP beyond 29th November, 2014 The Board after deliberations extended the validity of the LoP up to 29th November, 2015 (xiv) Request of M/s. vTitan Corporation Pvt. Ltd., a unit in DLF IT/ITES at Ramapuram, Chennai for extension of validity period of its LoP beyond 6th October 2014 The Board after deliberations extended the validity of the LoP up to 6th October, 2015. (xv) Request of M/s. Tech Mahindra Ltd. (Unit-IV), a unit in NSEZ for extension of LoP beyond 22nd September 2014 The Board after deliberations extended the validity of the LoP up to 22nd September, 2015. (xvi) Request of M/s. Samurai Designs & Interiors, a unit in the sector specific SEZ for Handicraft being developed by M/s. Mahindra World City (Jaipur) Ltd. at village Kalwara, Tehsil Sanganer, Distt. Jaipur (Rajasthan) for extension of LoP beyond 10th October 2014 The Board after deliberations extended the validity of the LoP up to 10th June, 2015. (xvii ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Assessing Officer, will have the right to examine the taxability of these amounts under the SEZ Act and Income Tax Act and Rules. This is applicable to all cases of co-developers approved by the BoA in this meeting. The decisions of the BoA on the proposals are as under:- (i) Request of M/s. Media Systems India Soft Solutions Private Limited for codeveloper in the sector specific SEZ for IT/ITES at Puthencruz and Kunnathunade village, Taluk Kunnathaunadu, Ernakulam District, Kerala, being developed by M/s. Infopark (Phase II) After deliberations, the Board approved the proposal of M/s. Media Systems India Soft Solutions Private Limited for providing infrastructure facilities and development of IT sector industry, over an area of 0.40 hectares, in accordance with the co-developer agreement entered into with the developer subject to standard terms and conditions as per SEZ Act and Rules. (ii) Request of M/s. MATT Projects Pvt. Ltd. for co-developer in the sector specific SEZ for IT/ITES at Kakkanad, Village, Ernakulam District, Kerala, being developed by M/s. SmartCity (Kochi) Infrastructure Pvt. Ltd. After deliberations, the Board approved the proposal of M/s. MATT Projects Pvt ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nopark) After deliberations, the Board approved the proposal of M/s. Speridian Technologies Private Limited for providing infrastructure facilities and development of IT sector industry (built up space and common facilities), over an area of 2 acres, in accordance with the codeveloper agreement entered into with the developer subject to standard terms and conditions as per SEZ Act and Rules. (vi) Request of M/s. OPG Power & Infrastructure Pvt. Ltd. for co-developer in Kandla Special Economic Zone After deliberations, the Board approved the proposal of M/s. OPG Power & Infrastructure Pvt. Ltd. for supply & distribution of power in Kandla Special Economic Zone, in accordance with the co-developer agreement entered into with the developer subject to standard terms and conditions as per SEZ Act and Rules. (vii) Request of M/s. Volupia Developers Pvt. Ltd. for co-developer in Multi Services SEZ at Ratanpur, District Gandhinagar, Gujarat, being developed by M/s. GIFT SEZ Ltd. The Board noted that the request of the co-developer is for construction and development of commercial building in the processing area and therefore, after deliberations, decided to reject the proposal. (viii ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ibility 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 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) Request of M/s. Aditi Technologies Pvt. Limited, Co-developer in Manyata Embassy Business Park SEZ, a sector specific SEZ for IT/ITES for transfer of equity shares to M/s. Symphony Teleca Corporation Private Limited, Bangalore After deliberations, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . The DC, Dahej SEZ would ensure proper accountal of quantum of goods supplied to and received from DTA. (v) Proposal of M/s. Estancia IT Park Pvt. Ltd. developer in the sector specific SEZ for IT/ITES at Vallancherry village, Guduvanchery, Chengalpattu Taluk, Kancheepuram District, Tamil Nadu for approval of authorized operation in the nonprocessing area of the SEZ After deliberations, the Board approved the proposal of the developer for the following authorized operation in the non-processing area of the SEZ subject to the condition that the authorized operation shall be available for use of the SEZ only. S.No. Authorized Operations Area per unit (in sqm.) as per FSI / FAR norms as applicable Total area (in sqm.) / capacity (in MW) 1. Construction of a School Approx. 7000 sqmts for wards of employees for the school As per TNEB norms (i) Approximately 918 sq mts (approx. 9877 sq ft) Circular Open area for playground purpose. (ii) Approximately 7000 sq mts (75212 sq ft) Circular constructed area for School building (iii) Construction of school comprises of Ground plus 2 floors, within the norms of Local authorities. The Board also directed DoC to inform the developer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 co-developer shall furnish details of PAN and jurisdictional assessing officer of the co-developer to CBDT. (viii) Proposal of M/s. Indiabulls Realtech Limited (IRL), a co-developer in multi product SEZ at Sinner MIDC, Nasik, Maharashtra being developed by M/s. Indiabulls Industrial Infrastructure Ltd. for providing an entry/exit gate for thermal power plant in non-processing area After deliberations, the Board approved the proposal of the co-developer for providing an entry/exit gate for Thermal Power Plant in the non-processing area of the SEZ, subject to the condition that any additional cost so incurred on deploymen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice Tax Exemptions, if any, under SEZ Act/Rules, or has refunded any such benefits availed by it:- Sr. No. Name of the Developer/co-developer Sector Date of formal approval Zone 1 M/s. Zoom Developers Pvt. Ltd. (Indore, Madhya Pradesh) Multi Services 26.07.2007 ISEZ 2 M/s. Malwa IT Park Ltd. (Indore, Madhya Pradesh) IT/ITES 07.01.2008 ISEZ 3 M/s. Gwalior Agriculture Co. Ltd. (Indore, Madhya Pradesh) Multi Service 01.02.2008 ISEZ 4 M/s. Cassandra Realty Pvt. Ltd. (Indore, Madhya Pradesh) IT/ITES 01.02.2008 ISEZ 5 M/s. Parsvnath SEZ Ltd. (Village Lasudia Parmar, Indore, Madhya Pradesh) IT/ITES 25.10.2006 ISEZ 6 M/s. Writers & Publishers Ltd. (Chhindwara, Madhya Pradesh) IT/ITES 19.06.2007 ISEZ 7 M/s. Dishman Infrastructure Ltd. (Ahmedabad, Gujarat) Engineering 22.04.2008 KASEZ 8 M/s. Biotor Industries Ltd. (Bharuch, Gujarat) Chemical (Agro based) 23.05.2007 KASEZ 9 M/s. SGV Infrastructure Pvt. Ltd. (Ahmedabad, Gujarat) IT/ITES 30.10.2008 KASEZ 10 M/s. Gujarat Growth Centres Development Corporation Ltd. (Kutch, Gujarat) Handicraft and Artisan 25.06.2007 KASEZ 11 M/s Xansa (India) SEZ Development Pvt. Ltd. (Chenn ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd Land Holdings Ltd. (Amangal, Mahboobnagar) FTWZ 25.06.2008 VSEZ 35 M/s. Deccan Infrastructure and Land Holdings Ltd. (Amangal, Mahboobnagar Distt.) Gems & Jewellery 25.06.2008 VSEZ 36 M/s. Deccan Infrastructure and Land Holdings Ltd. (Bhongir, Nalgonda) Light Engineering 30.10.2008 VSEZ 37 M/s. Deccan Infrastructure and Land Holdings Ltd. (Kommadivill, Madhurawada, Visakhapatnam) IT/ITES 30.10.2008 VSEZ 38 M/s. Deccan Infrastructure and Land Holdings Ltd. (Kukatpally, R.R. Distt.) IT/ITES 03.07.2008 VSEZ 39 M/s. Deccan Infrastructure and Land Holdings Ltd. (Shamshabad, Hyderabad) IT/ITES 03.07.2008 VSEZ 40 M/s. Deccan Infrastructure and Land Holdings Ltd. (Bachupally, Qutbullapur, R.R. Dist) IT/ITES 03.07.2008 VSEZ 41 M/s. Deccan Infrastructure and Land Holdings Ltd. (Koheda, Hayathnagar, R.R. Dist.) IT/ITES 03.07.2008 VSEZ 42 M/s. Deccan Infrastructure and Land Holdings Ltd. (Paradesipalem, Madhurawada, Visakhapatnam) IT/ITES 08.09.2008 VSEZ 43 M/s. AP Markfed (Karimnagar) IT/ITES 08.02.2008 VSEZ 44 M/s. Bavana Sai Associate (Kesarapallli village, Andhra Pradesh) IT/ITES 21.08.2006 VSEZ 45 M/s. VGTM Urban Devel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nit has requested to withdraw the appeal. Accordingly, the Board allowed the appeal to be withdrawn. (iv) Appeal of M/s. Sterling Flatware Ltd., a unit in NSEZ against order dated 19.11.2014 of the DC NSEZ The Board heard the appellant and noted that the unit had applied to transfer the civil structure constructed at Plot No. 9 in NSEZ on 30.10.2012 and the LoP dated 08.01.1990 of the unit was cancelled on 01.04.2013, whereas the Rule 74A was introduced w.e.f. 12.08.2013. After deliberations, the Board decided to remand the case to DC NSEZ to pass a speaking order after examining all relevant facts of the case and the applicable Rule position. (v) Appeal of M/s. TransGenez Infotech, a unit in MIDC at Hinjewadi, Pune, Maharashtra against order dated 16.09.2014 of the UAC The Board heard the appellant and after examining the matter decided to extend the validity of the LoP of the unit by one year i.e. upto 28.10.2015. Decision on Supplementary Agenda Item No. 64.9: Requests for extension of LoP beyond 3rd Year onwards (i) Request of M/s. Sesa Sterlite Ltd., a unit in Vedanta Aluminum Limited SEZ at Jharsuguda, Odisha for extension of validity period of its LoP beyond 7th Apri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... : 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. The Government of Gujarat had recommended the proposal vide their letter dated 23.08.2013. Ministry of Home Affairs has also granted security clearance to the proposal on 22nd July, 2014. The Board further noted that DGEP, D/o Revenue has made the following observation vide their letter dated 03.12.2014 and 06.02.2015:- (i) DoC has not yet issued any order indicating that delineation of the built up area in the port in terms of directions dated 24.10.2008 of EGoM has been completed. (ii) Independent access to the proposed SEZ is yet to be established. Developer has to complete it before the land parcels can be formally approved as SEZ. The Board was apprised that the DoC has issued the delineation order on 17.02.2015. Regarding independent access, the Board was informed that since the construction of flyover was likely to take five years for completion, the developer had submitted a new propos ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e care of existing services in SEZ area. M/s. RIL has to contact concerned authority for necessary guidance / information / approval. If any damage occurred during execution of work then same shall be attend by M/s RIL immediately and cost for the same shall be borne by M/s. RIL. The damage area shall be resorted as per methodology suggested by concerned authority / DSL. (iii) The exact route of laying water supply pipeline in SEZ area will be shown by DSL at the time of execution by M/s RIL after completion of trial pits. During execution, if for any reason, route of water supply pipeline required to be changed, the alignment of water supply pipeline will have to be modified accordingly. (iv) M/s RIL has to cross the existing / proposed services as per the methodology suggested by concerned authority to lay the water supply line in SEZ area and cost for the same shall be borne by M/s. RIL. (v) M/s. RIL has to keep safe guard distance from existing/proposed services as per the safety standards/norms of the concern authority / I.S. (vi) DSL reserves right to lay any underground or overhead services / lines within land area allotted to M/s RIL on RoU. (vii) During the execution ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cer 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 co-developer shall furnish details of PAN and jurisdictional assessing officer of the co-developer to CBDT. The meeting ended with a vote of thanks to the Chair. ****** Annexure - 1 List of Participants for the Meeting of the Board of Approval for Special Economic Zones held on 20th February, 2015 under the Chairmanship of Commerce Secretary, Department of Commerce 1. Shri Rajeev Kher, Chairman, BoA & Commerce Secretary, Department of Commerce 2. Shri Ram Tirath, DGEP, Department of Revenue, Ministry of Finance 3. Shri Pravir Kumar, DGFT, Directorate General of Foreign Trade 4. Dr. L. B. Singhal, Additional DGFT, Dte. General of Foreign Trade 5. Shri Ravinder, Director, Department of Industrial Policy and Promotion 6. Ms. Deepshikha Sharma, Director (ITA-1), CBDT, Department of Revenue, Ministry of Finance 7. Dr. J.P. Singh, Joint Director, Plant Quarantine, DAC, Ministry of Overseas Affairs ..... X X X X Extracts X X X X X X X X Extracts X X X X
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