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TMI BlogMinutes of the 89th meeting of the. Board of Approval for SEZ held on 22nd April, 2019 to consider setting up of Special Economic Zones and other miscellaneous proposalsX X X X Extracts X X X X X X X X Extracts X X X X ..... .02.2019 and 13.03.2019. Taking into account the aforesaid observations of DGEP, the minutes of the 87th meeting of the BoA (Item No. 87.10(v)) were amended vide DoC's O.M. dated 04.04.2019. However, while ratifying the amended minutes of the 87th meeting of the BoA and the 88th meeting of the BoA, the representative of DGEP flagged the issue and had requested for some time to furnish their comments in view of the amendment to minutes of the 87th meeting of the BoA (Item no. 87.10(v)) issued on 04.04.2019 by DoC. Now, vide O.M. dated 26.04.2019, the views of the DGEP have since been received which reads as follows: Representative of DoR informed that the DoR with the approval of Finance Secretary had furnished its comments vide its 0M dated 13.08.2018 that as the matter was a policy decision, DoC may take an appropriate view in the matter. Except for that, DoR has no comments to offer. DoR pointed out that the earlier power guidelines had not been approved by the BoA. DoR pointed out that agenda item may not be considered in BoA meeting as BoA is not empowered to modify power guidelines as ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... validity of the LoA up to 16th April, 2020. 89.3 (ii) Request of M/s. Ana Industries Private Limited, a unit in Dahej SEZ for extension of Letter of Approval (LoA) beyond 4th year for one year upto 15.04.2020. The Board, after deliberations, approved extension of the validity of the LoA up to 15th April, 2020. 89.3(iii) Request of M/s. Metacube Solutions Pvt. Ltd. a unit in Mahindra World City (Jaipur) Ltd., Multi-Product SEZ at Village Kalwara, Tehsil- Sanganer, Jaipur for extension of Letter of Approval (LoA) for a further period of one year i.e. upto 17.03.2020. The Board, after deliberations, approved extension of the validity of the LoA up to 17th March, 2020. 89.3 (iv) Request of Tweaking Technologies Pvt. Ltd., a unit in Mahindra World City (Jaipur) Ltd., a Multi-Product SEZ at Village Kalwara, Tehsil- Sanganer, Jaipur for extension of Letter of Approval (LoA) for a further period of one year i.e. upto 07.04.2020. The Board, after deliberations, approved extension of the validity of the LoA up to 7 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the SEZ and other activities. The Board, after deliberations, decided to defer the proposal. 89.6(iii) Request of M/s. ANSR Global Corporation Pvt. Ltd. for co-developer status in the M/s. Mildstone Buildcon Pvt. Ltd. SEZ at Chokkanahalli Village, Bengaluru, Karnataka The Board, after deliberations, decided to defer the proposal. Item No. 89.7: Change of Shareholding Pattern/Change of name (five proposals) 89.7 (i) Request of M/s. DLF Assets Private Limited, co-developer in DLF Commercial Developers Limited, an IT/ITES SEZ at Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, Telangana for change in shareholding pattern. The Board, after deliberations, approved the proposal subject to 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-developer, including security cle ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... v. The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable 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. 89.7(iii) Request of M/s Mariapps Marine Solutions India Private Limited, Mumbai, Co-Developer of Smartcity (Kochi) Infrastructure Private Limited Special Economic Zone, Kochi for Change in Shareholding Pattern. The Board noted that proposal does not indicate whether it has the approval under relevant statutes. The Board, after deliberations, approved the proposal subject to approval by relevant statutory authorities with following conditions:- i. Seamless continuity of the SEZ activities with unaltered responsib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cability 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 light to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable 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. 89.7 (v) Request for approval from the Board of Approval pursuant to the merger of M/s. Risk Technology International Limited (RTIL) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... stic recycling and worn and used clothing units. 89.8(ii) Proposal of M/s Texool Spinners for renewal of LOA for next five years in terms of Rule 18(4) of SEZ Rules, 2006. The Board noted that the unit had approached High Court of Gujarat against the decision of the BoA in its 72nd meeting dated 12.08.2016 in respect of his appeal against the decision of the UAC for deletion of condition of non direct import of used and worn clothing. Considering that the matter is sub-judice, the Board, after deliberations, deferred the matter and directed that the case may strongly be contested in the interest of the Union of India before the Hon'ble High Court of Gujarat. 89.8(iii) Request of M/s. Atlas Mill Supply for extension of validity of LoP dated 20.07.1994 for manufacturing of Readymade Garments, Reprocessing/Reconditioning of old and Used Worn Clothing and Rags which expired on 19.07.2000. The reprocessing units for old and used worn clothing etc. are governed by the provision of Rule 18(4) (c) of the SEZ Rules, 2006 which broadly provides that no new proposal shal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... en up on file for review of rules. 89.9(iv) Proposal for cancellation of Letter of Approval in respect of M/s Swarnim Dahej Spring Desalination P. Limited, Co-Developer, Dahej SEZ. The Board, after deliberations, approved cancellation of co-developer status granted to M/s. Swarnim Dahej Spring Desalination P. Limited in the Dahej SEZ. 89.9(v) Irregularities and compliance issues in the Port based SEZ developed by Cochin Port Trust in Puthuvypeen, Ernakulam District, Kerala. The Board, noted that the Hon'ble High Court of Kerala in Writ Petition (C) No. 10799/2019 vide interim order dated 05.04.2019 directed that, .....there will be a direction to the respondents to maintain Status quo as on 31.03.2019 with respect to the SEZ status provided to the petitioner . The Board, after deliberations, deferred the matter, being sub-judice. The Board, directed that the case may be strongly contested in the interest of the Union of India before the Hon'ble Court. 89.10 Proposals ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted Vs Uol -2008(4) TMI 663. The Board, observed that - (i) The unit has done no exports from 2012-13. (ii) The unit has been issued Show Cause Notice by the Customs Department for contravention of provisions of Customs Act, 1962 as they were unable to disclose the proper source of procurement of yellow metal found in their factory premises. The unit has submitted an interim reply dated 25.03.2019 to the Commissioner of Customs. (iii) The judgments quoted by the unit only provide for consideration in such cases which involve procedural violation. However, in the instant case, the unit, by its own admission, has been engaged in jobwork of jewellery (a sensitive commodity), in an unauthorized manner without intimating the SEZ. This is a clear case of a substantive violation and cannot be overlooked or excused as in the case of minor procedural violations. With the above observations, the Board decided to reject the appeal. Decisions on Supplementary Agenda 89.12 Request for extensi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Rules, 2006. **** Annexure - I List of Participants for the Meeting of the Board of Approval for Special Economic Zones held on 22nd April, 2019 under the Chairmanship of Commerce Secretary, Department of Commerce. l. Shri Anup Wadhawan, Chairman, BoA Commerce Secretary, Department of Commerce 2. Shri Alok Vardhan Chaturvedi, DG, DGFT 3. Shri Senthil Nathan S, Deputy Secretary, Department of Commerce. 4. Smt. Deepshikha Sharma, Additional CIT/OSD, ITA-I CBDT, Department of Revenue, Ministry of Finance. 5. Shri Sanjay Bansal, ADG, DGEP, CBIC 6. Shri Saroj Kumar Behera, Additional Director, DGEP, CBIC 7. Shri Ravinder, Joint Secretary, DIPP 8. Shri P.M. Parlewav, Director, M/o MSME 9. Dr. S.K. Husain, TCPO, Wo Housing and Urban Affairs 10. Shri Anil Kant Mishra, Research Assistant TCPO, Ministry of Urban D ..... X X X X Extracts X X X X X X X X Extracts X X X X
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