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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 ..... atter 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. 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er deliberations extended the validity of the formal approval up to 25th February, 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 a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n of LoP beyond 3rd Year onwards (i) Request of M/s. Indofil Industries Limited, a unit in the multi product SEZ being developed by M/s. Dahej SEZ at Bharuch, Gujarat for extension of LoP beyond 13 th 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., ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... income by way of lease rentals/down payment/premium etc., for the purposes of assessment under the Income Tax Act and Rules. The 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. 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 ( ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... developer to develop, maintain and operate office building for units to undertake export of services in the processing area, over a built up area of 2,50,000 sq.ft., 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). (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 fo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ingly, 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 IT/ITES at Gokul Village, within the limits of Hobli, Hubli Taluk, District Dharward, Near Airport Hubli, Karnataka, over an area of 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 la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l into wipers which are left over during the process of their service activity, which is not permitted under Rule 18 (4) (c) of SEZ Rules, 2006. After deliberations, the BOA decided to reject the proposal. (viii) Request of M/s. Ashmeer Global, KASEZ for setting up of a unit for manufacturing of Gutkha, Scented Khaini, Flavoured Chewing Tobacco Pan Masala The BOA directed the Department to examine the policy of permitting units for manufacture of Gutkha, Scented Khaini, Flavoured Chewing Tobacco Pan Masala etc, in consultation with DIPP and till such time deferred the proposal. (ix) Appeal of M/s. Integrated Warehousing Kandla Project Development Pvt. Ltd. (IWKPDPL), co-developer for FTWZ at Kandla against BoA decision dated 18.09.2014 The Board after deliberations decided to revoke 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/I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 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. (xiii) Renewal of LoP for next 5 years in respect of M/s. Plastic Processors Exporters Private Limited, a unit in NSEZ The Board, after deliberations, deferred the proposal. (xiv) Request of M/s Pune Embassy Projects Pvt. Ltd., developer of sector specific SEZ for IT/ITES in Hinjewadi, Pune, Maharashtra 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 eli ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hose relating to lease of land, as applicable. (vii) The developer shall furnish details of PAN and jurisdictional assessing officer of the developer to CBDT. The BOA did not approve the proposal for grant tof permission for dual use of infrastructure and directed the Developer to denotify the total area of 1077419 sq.ft. (100094 sqm.) in the Non-processing area where 1012 residential units have been built from the said SEZ, subject to payment of duty benefits availed after obtaining NOC from the State Government. (xvi) Request of M/s Virtusa India Pvt. Limited, co-developer in M/s. APIIC Ltd. IT/ITES SEZ at Nanakramguda Village, Serlingampally Mandal, Ranga Reddy District, Telangana for merger of their company into M/s. Virtusa Consulting Services Pvt. Ltd. The Board after deliberations approved the request of M/s. Virtusa India Pvt. Limited for merger of their company 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 applicabl ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... oper Sector Date of formal approval Zone 1. M/s. Hall Marc Technopark (P) Ltd. (Coimbatore District, Tamil Nadu) IT/ITES 27.02.2007 MEPZ 2. M/s. Tamilnadu Industrial Development Corporation Ltd. (Ennore, Tiruvallur District, Tamil Nadu) Multi Product 23.07.2007 MEPZ 3. M/s. Platinum Holdings Pvt. Ltd. (Navallur, Chennai, Tamil Nadu) Hardware and Software 6.11.2006 MEPZ 4. M/s. True Developers Pvt. Ltd. (Palladam Taluka, Coimbatore District, Tamil Nadu) Electronic Hardware including IT/ITES 30.07.2007 MEPZ 5. M/s. KPR Developers Ltd. (Coimbatore District, Tamilnadu) IT/ITES and Electronic Hardware 27.02.2009 MEPZ 6. M/s. Haaciendaa Realtors Pvt. Ltd. (Kancheepuram Distri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... gineering 26.02.2009 SEEPZ 20. M/s. APIIC Ltd. (Putlampally Village, Andhra Pradesh) IT/ITES 30.07.2007 VSEZ 21. M/s. APIIC Ltd. (Kurukalava Village, Renigunta, Andhra Pradesh) IT/ITES 12.10.2007 VSEZ 22. M/s. Raaga Mayuri Builders Pvt. Ltd. (Tadakannapalli Kurnol Dist., Andhra Pradesh) IT/ITES 10.09.2008 VSEZ Item No. 65.9 : Appeals before BoA (i) Appeal of M/s. Usha Global Corporation, a unit in Noida SEZ against order dated 17th October, 2014 of the UAC. The Board heard the petitioner but found no merit in the contentions made by the appellant and rejected the appeal. (ii) Appeal of M/s. Gujeswori Apparels, a unit in Noida SEZ against order dated 25 th November, 2014 of the UAC The Board heard the petitioner and after deliberations, decided to remand the case back to DC NSEZ to reconsider his recommendation and after giving the opportunity to the appellant for personal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 48 th 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 before the Hon ble Court of Delhi. The Delhi High Court on 19.01.2015, gave its verdict which is reproduced below:- Accordingly, the impugned orders are set aside. The appellate authority is directed to accord a hearing to the petitioners. The appellate authority will send an appropriate notice in that behalf to the petitioners indicating the date, time and venue. The notice will be sent in this behalf to the petitioner no later than ten (10) days from today. A decision will be taken on the appeal of the petitioner, as expeditiously as possible, though no later than six (6) weeks from today The Board heard the lawyer representing both M/s. Futuristic Trading Private Ltd. and M/s. Globus Trading Pvt. Ltd. The Board also observed th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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, Additional Director Industries, Department of Industries Commerce, Haryana 12. Shri Sanjiv Bawa, ED, (PSIEC), Government of Punjab 13. Shri N.K. Singh, HOD (Industries), Noida, Government of Uttar Pradesh 14. Shri A.K. Misra, Research Assistant TCPO, Ministry of Urban Development, Vikas Bhawan, I.P. Estate, New Delhi 15. Shri Ajay Kumar, Research Assistant, TCPO, Ministry of Urban Development, Vikas Bhawan, IP. Estate, New Delhi LIST OF DEVELOPMENT COMMISSIONERS 16. Shri Sumeet Jerath, Development Commissioner, Noida SEZ 17. Dr. Safeena AN, Development Commissioner, CSEZ 18. Shri Sanjeev Nandwani, Development Commissioner, Falta, Kolkata 19. Shri N.P.S. Mo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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