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TMI BlogMinutes of the 65th meeting of the Board of Approval for SEZs held on 19th May 2015 to consider proposals for setting up Special Economic Zones and other miscellaneous proposals.X X X X Extracts X X X X X X X X Extracts X X X X ..... ess 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 30th June 2015 The Board after deliberations extended the validity of the formal approval up to 31st December, 2015. (ii) Request of M/s. Karnataka Industrial Areas Development Board (KIADB) for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Mangalore, Karnataka, beyond 26th June 2015 The Board after deliberations extended the validity of the formal approval up to 26th June, 2016. (iii) Request from M/s. Bagmane Developers Private Limited (BDPL) (SEZ-I), developer of IT/ITES SEZ at Mahadevapura K.R. Puram, Bangalore, Karnataka for ext ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ruary, 2016. (x) Request of M/s. Ascendant Estates 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 Bhondsi, Tehsil Sohna, Gurgaon, Haryana, beyond 5th November, 2014 The Board noted that the DC, NSEZ had not recommended the proposal for further extension and after deliberations rejected the request for extension of formal approval of the Developer. (xi) Request of M/s. G.P. Realtors Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Electronic Hardware & IT/ITES at Village Ghata, Behrampur and Balola, Gurgaon, Haryana, beyond 25th January, 2015. The Board after deliberations extended the validity of the formal approval up to 25th January, 2016. (xii) Request for further extension of LoA from M/s. Mayar Infrastructure Development Pvt. Ltd. for setting up of Biotechnology SEZ at village Rahaka & Nimoth District Gurgaon, Haryana beyond 13th July, 2015. The Board after deliberations extended the validity of the formal approval up to 13th July, 2016. (xiii) Request of M/s. Indiabulls Industrial Infrastructure Li ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y M/s. Dahej SEZ at Bharuch, Gujarat for extension of LoP beyond 13th March 2015. The Board after deliberations extended the validity of the LoP up to 13th March, 2016. (ii) Request of M/s. Anushakti Specialities LLP, a unit in the multi product SEZ being developed by M/s. Dahej SEZ at Bharuch, Gujarat for extension of LoP beyond 13th March 2015. The Board after deliberations extended the validity of the LoP up to 13th March, 2016. (iii) Request of M/s. Godrej & Boyce Manufacturing Company Limited, a unit in the multi product SEZ being developed by M/s. Dahej SEZ at Bharuch, Gujarat for extension of LoP beyond 29th May 2015. The Board after deliberations extended the validity of the LoP up to 29th May, 2016. (iv) Request of M/s. Tatva Chintan Pharma Chem Pvt. Ltd., a unit in the multi product SEZ being developed by M/s. Dahej SEZ at Bharuch, Gujarat for extension of LoP beyond 22nd May 2015 The Board after deliberations extended the validity of the LoP up to 22nd May, 2016. (v) Request of M/s P&J Cretechem (P) Ltd., a unit in multi product SEZ developed by Dahej at Bharuch Gujarat for extension of validity period of its LoP beyond 31st March, 2015. The Board after delibera ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ounts 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. Infoparks Kerala for co-developer in the sector specific SEZ for IT/ITES at Muringur Thekkumuri Village, Koratty Panchayathu, Mukundapuram Taluk, Thrissur District, Kerala, being developed by M/s. Kerala State IT Infrastructure Ltd. After deliberations, the Board approved the proposal of M/s. Infoparks Kerala for codeveloper for construction of 3.3 lakh sqft IT building and utility building, construction of roads, drain, cable trench, ground water sump and sewage treatment plant for the building, over an area of 2.4282 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 provided that the lease period be reduced to a period not exceeding 30 years (Renewable). (ii) Request of M/s. MSEZ Power Limited for co-developer in Multi Product SEZ at Baikampady, Mangalore, Karnataka, being developed by M/s. Mangalore SEZ Ltd. After deliberations, the Board approved the proposal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tandard terms and conditions as per SEZ Act and Rules provided that the lease period be reduced to a period not exceeding 30 years (Renewable). (vi) Request of M/s. Mundra Solar Technopark Pvt. Ltd. for co-developer in the multi product SEZ at Mundra, Kutch, Gujarat, being developed by M/s. Adani Ports and Special Economic Zone Ltd. After deliberations, the Board approved the proposal of M/s. Mundra Solar Technopark Pvt. Ltd. as co-developer to develop, operate and maintain Electronics Manufacturing Cluster (EMC) and related infrastructure facilities & services for electronic products including solar energy equipments, its ancillaries etc, over an area of 207.20 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 and also subject to the project being approved by the DeitY. (vii) Request of M/s. Wipro Limited for co-developer in the sector specific SEZ for IT/ITES at Thenmelpakkam village, Chengalpattu, Kancheepuram District, Tamil Nadu, being developed by M/s. Mahindra World City Developers Limited After deliberations, the Board approved the proposal of M/s. Wipro Limited as co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 17.422 hectares. (ii) Proposal of M/s. Mantri Developers Private Limited, for setting up of a sector specific SEZ for Electronic Hardware and Software including IT/ITES at Nanakramguda village, Gachibowli, Serilingampally Mandal, Ranga Reddy District, Telangana, over an area of 1.0504 hectares. The Board noted that the Developer is in possession of the land. The Government of Telangana has conveyed its in-principle approval vide their letter dated 16.05.2015. Accordingly, the Board decided to grant in-principle approval to the proposal of M/s. Mantri Developers Private Limited, for setting up of a sector specific Special Economic Zone for Electronic Hardware and Software including IT/ITES at Nanakramguda village, Gachibowli, Serilingampally Mandal, Ranga Reddy District, Telangana, over an area of 1.0504 hectares. The Board also noted that there were pre-existing buildings/structures on the land proposed for the SEZ. As such buildings were vacant in terms of SEZ Rules, not having been put to commercial use, the BOA approved the proposal subject to no duty benefits being granted to the developer for pre existing buildings/structures. Item No. 65.6 : Miscellaneous Cases (i) Reque ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. (iii) Request of M/s Torrent Energy Ltd. (co-developer in Dahej SEZ), for amalgamation/merger with M/s. Torrent Power Ltd. The BOA, after deliberations, decided to defer the request of the Co-developer till the new power guidelines are finalized. (iv) Proposal of M/s. MPAKVN (Indore) Ltd. developer in the multi product SEZ at Indore, Madhya Pradesh for approval of authorized operation in the non-processing area of the SEZ After deliberations, the Board approved the proposal of the developer for the following authorized operations in the non-processing area of the SEZ subject to the condition that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oke its earlier decision taken in 63rd BOA held on 18th September, 2014 for cancellation of co-developer status of M/s. IWKPDPL and restored the co-developer approval granted to M/s. Integrated Warehousing Kandla Project Development Pvt. Ltd. (IWKPDPL), co-developer for FTWZ at Kandla. (x) Proposal of M/s. Tidel Park Coimbatore Ltd. a co-developer in the sector specific SEZ for IT/ITES at Vilankurichi, Coimbatore, Tamil Nadu, being developed by M/s. ELCOT SEZ for approval of authorized operation in the processing area of the SEZ The Board after deliberations deferred the proposal of the co-developer for approval of authorized operations in the processing area of the ELCOT SEZ. (xi) Request of M/s. Dr. Fresh SEZ Phase I Private Limited, a co-developer in the sector specific SEZ for IT/ITES at village Ghamroj, Tehsil Sohna, District Gurgaon, Haryana being developed by M/s. Dr. Fresh Health Care Pvt. Ltd. for increase in area The Board, after deliberations, approved the request of M/s. Dr. Fresh SEZ Phase I Private Limited, a co-developer in the sector specific SEZ for IT/ITES at village Ghamroj, Tehsil Sohna, District Gurgaon, Haryana being developed by M/s. Dr. Fresh Health Ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 relating to lease of land, as applicable. (vii) The developer ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y into M/s. Virtusa Consulting Services Pvt. Ltd. consequent upon their merger, subject to 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 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 co-developer shall furnish details of PAN and jurisdictional assessing of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iew Promoters Pvt. Ltd. (IMT Manesar, Distt Gurgaon, Haryana) IT/ITES 29.11.2010 NSEZ 10. M/s. IVR Prime IT SEZ Pvt. Ltd. (Sector - 144, Noida, Uttar Pradesh) IT/ITES 01.07.2008 NSEZ 11. M/s. Sohna Buildcon Pvt. Ltd. (Dist. Gurgaon, Haryana) IT/ITES 14.01.2008 NSEZ 12. M/s. Mohan Investment and Properties Pvt. Ltd. (Badshapur, District Gurgaon, Haryana) IT/ITES 26.07.2007 NSEZ 13. M/s. Sarv-Mangal Real Tech Pvt. Ltd. (Sector 140-A, Noida, Uttar Pradesh) IT/ITES 18.02.2008 NSEZ 14. M/s. Sunwise Properties Pvt. Ltd. (Gurgaon, Haryana) IT/ITES 21.04.2008 NSEZ 15. M/s. Uppal Housing Ltd. (Knowledge Park-V, Greater Noida) IT/ITES 15.02.2008 NSEZ 16. M/s. Mikado Realtors Pvt. Ltd. (Village Behrampur & Balola, District Gurgaon, Haryana) IT/ITES 30.10.2008 NSEZ 17. M/s. GHI Finlease and Investment Ltd. (Village Bhonsi, Distt. Gurgaon, Haryana) IT/ITES 25.08.2006 NSEZ 18. M/s. Progressive Buildestate Pvt. Ltd. (Tehsil Sohna, Distt. Gurgaon, Haryana) IT/ITES 01.07.2008 NSEZ 19. M/s. Township Developers India Pvt. Ltd. (Pune, Maharashtra) Engineering 26.02.2009 SEEPZ 20. M/s. APIIC Ltd. (Putlampally Village, Andhra Pradesh) IT/ITES 30 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... led by M/s. Ellenbarrie Exim Limited v/s Union of India & ors. before Hon'ble High Court at Calcutta On the request of the appellant to adjourn the hearing to any day after three weeks or till next BOA meeting, the Board deferred the appeal till next BOA meeting. (ix) W.P. (C) No. 431/2012 filed by M/s Futuristic Trading Pvt. Ltd. before the Hon'ble High Court of Delhi (x) W.P (C) No. 442/2012 filed by M/s Globus Metal Trading Pvt. Ltd. before the Hon'ble High Court of Delhi. Brief Background of the above petitions Both the above mentioned petitioners had submitted their proposals for setting up of units in the Kandla SEZ to carry on (a) Import of scrap material to the warehouse; (b) Segregation of material by labours; (c) Unbundling of scrap; (d) Cutting of scrap to make it usable as per customer requirement; (e) Polishing and welding; and, (f) Bundling if required by customer. The KASEZ UAC rejected their requests and the petitioners filed an appeal before 48th meeting of the BoA held on 19.09.2011. The Board rejected the appeal as it was against the provision of Rule 18(4) (d) of the SEZ Rules, 2006. Aggrieved by the decision of BoA the petitioners filed writ petitions bef ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r of Permission (LoP) beyond 22nd April 2015 The Board after deliberations ratified the proposal for extension of validity period of LoP up to 22nd April, 2016. 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 19th May, 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. Dr. L. B. Singhal, Additional DGFT, Dte. General of Foreign Trade 4. Dr. Tejpal Singh, ADGEP, Department of Revenue, Ministry of Finance 5. Ms. Deepshikha Sharma, Director (ITA-1), CBDT, Department of Revenue, Ministry of Finance 6. Shri Anwar Ali, Deputy Director, DGEP 7. Ms. Abha Shukla, Resident Commissioner, Government of Maharashtra 8. Shri K. Biswal, Joint Secretary & Legislative Counsel, M/o of Law & Justice, Legislative Department, Government of India 9. Dr. Namrata Pathak, Director/SC-F, Department of Science & Technology 10. Shri Dinesh Kumar, Deputy Secretary, Ministry of Shipping 11. Shri Hardyal Sehrawat ..... X X X X Extracts X X X X X X X X Extracts X X X X
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