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Minutes of the 103rd meeting of the Board of Approval for SEZ held on 18th March, 2021 to consider setting up of Special Economic Zones and other miscellaneous proposals

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..... m 25.02.2021 up to 24.02.2022. The Board, after deliberations, approved extension of the validity of the LoA up to 24th February, 2022. 103.2(ii) Request of M/s. Fibrofilt Industries, a unit in AMRL Hi Tech City Ltd. SEZ at Nanguneri, Tirunelveli Distt, Tamil Nadu for extension of Letter of Approval (LOA) from 17.7.2020 to 16.01.2022. The Board, after deliberations, approved extension of the validity of the LoA up to 16th July, 2021. 103.2(iii) Request of M/s BEML Limited in the KIADB Aerospace SEZ, Bangalore, Karnataka for extension of Letter of Approval (LOA) beyond 05.01.2021 for a period of one year i.e. upto 04.01.2022. The Board, after deliberations, approved extension of the validity of the LoA up to 4 th January, 2022. 103.3 Proposal for change in shareholding pattern/ name/control/merger and de-merger (five proposals) 103.3(i) Request of M/s. Platinum Holdings Private Limited (Developer) for prior approval of BoA for change of shareholding pattern and for appointment of new Directors in the Board. The Board, after deliberations, approved the proposal for change of shareholding pattern and for appointment of new Directors in the Board subje .....

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..... iately to Member (IT), CBDT, Department of Revenue and to the jurisdictional Authority. 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. 103.3(iii) Request of M/s. Embassy Office Park Pvt. Ltd. (Developer) located in Plot No.PL03A, Rajiv Gandhi Infotech Park Hinjewadi, Phase-II, Pune for change in entrepreneur from M/s. Embassy Office Park Pvt. Ltd. to M/s. Embassy Pune TechZone Pvt. Ltd. and in shareholding as a result of Composite Scheme of Arrangement approved by Hon'ble NCLT, Mumbai Bench. The Board, after deliberations, approved the proposal for change in entrepreneur from M/s. Embassy Office Park Pvt. Ltd. to M/s. Embassy Pune TechZone Pvt. Ltd. and change in shareholding pattern wi .....

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..... s 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 co-developer shall furnish details of PAN and jurisdictional assessing officer of the codeveloper to CBDT. 103.3(v) Request of M/s. TAPP Semiconductor India Pvt. Ltd., Co-developer in Electronics/Telecom Hardware Sector SEZ at SIPCOT Industrial Area, Sriperumbudur for prior approval of BoA for change of Share holding Pattern and change in list of holders Compulsorily Convertible Debentures (CCD). The Board, after deliberations, approved the proposal for change of Share holding Pattern, change in list of holders Compulsorily Convertible Debentures (CCD) and the list of directors subject to approval by relevant statutory body with the following conditions:- i. Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered co-developer entity; ii. Fulfilment of all eligibility criteria .....

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..... ecided to defer the proposal in view of the impending legislative assembly elections in the state of Tamil Nadu. 103.4(iii) Request of M/s. Finefacilis Management Private Limited for co-developer status in M/S. Platinum Holdings Private Limited SEZ located at No. 4/2, 3/1 and 5/1 in Navalur, Chennai. The Board, after deliberations, decided to defer the proposal in view of the impending legislative assembly elections in the state of Tamil Nadu. 103.5 Miscellaneous cases (eight proposals) 103.5(i) Request of M/s Brandix India Apparel City Pvt. Ltd., at Achuthapuram Mandal, Visakhapatnam, Andhra Pradesh for permission for Chain-link fencing. The Board, after deliberations, decided to defer the matter and requested Department of Revenue to review in the light of report of local Customs and further inputs received during the meeting. The Board also directed that the matter may further be processed on file based on the response received from Department of Revenue. 103.5 (ii) Application of M/s Arshiya Northern FTWZ Ltd. for change of sector of its Free Trade Warehousing Zone at Village Ibrahimpur, Junaidpur Urf Maujpur, Bulandshahr (UP) into 'Multi Sector SEZ .....

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..... -500 kg (HS Codes of the Jewellery - 71131130, 71131120, 71131910, 71131920, 71131930, 71131940, 7117909) in their LOA. The Board noted that the unit will be importing 'Mother of Pearl', a restricted item from China/Korea for making jewellery. The fourth proviso to Rule 27(1) of the SEZ Rules, provides for supply of restricted items by a DTA unit to SEZ developer/unit with the prior approval of BoA only. The Board, after deliberations, decided to return the matter to the Development Commissioner to take an appropriate decision after placing the matter in the Unit Approval Committee. 103.5(vii) Application of M/s VTV Infrastructure Management Private Limited, the Co-developer in M/s Vikas Telecom Pvt. Ltd (Embassy Tech Village SEZ) for surrender of their co-developer status and handover the authorized operations to the Developer, M/s. Vikas Telecom Ltd (Embassy Tech Village SEZ). The Board, after deliberations, decided to approve the request of the co-developer to surrender their co-developer status and handover the authorized operations to the developer. 103.5(viii) Irregularities and compliance issues in the port based SEZ developed by Cochin Port Trust .....

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..... on treatment service as authorized input service for their authorized operation in their LOA. It was further noted that the Department of Commerce while circulating the uniform list of input services specifically provided that the DCs/UACs may expand the said list to facilitate the units/developers in their respective zones. The Board, after deliberations, noted that the request to add this service in the uniform list of input services cannot be accepted. However, the Board decided to remand the matter back to Unit Approval Committee for an appropriate decision since any request for inclusion of an additional input service pertaining to authorized operation of an unit is well within the purview of UAC. Decision on Supplementary Agenda 103.7 Request for extension of LoA beyond 3rd year onwards (one proposal) 103.7(i) Request of M/s. Mundra Solar Limited (MSL), an SEZ Unit in M/s. Adani Ports and SEZ at Mundra for 5th extension of validity of LoA upto 18.04.2022. The Board, after deliberations, decided to defer the matter and directed DC, APSEZ to take note of the observations of DoR and submit a detailed report. 103.8 Change in shareholding pattern (one pr .....

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..... to the satisfaction of Development Commissioner and also subject to compliance of the relevant provisions of SEZ Act/Rules. The lease period shall be in accordance with DoC's Instruction no. 98 dated 29.08.2019. 103.9(ii) Request of M/s. Click2Cloud Technology Services India Pvt. Ltd. for co-developer status in the multi-product SEZ in M/s. MIHAN SEZ at Nagpur, Maharashtra. The Board, after deliberations, approved the proposal of M/s. Click2Cloud Technology Services India Pvt. Ltd. for co-developer status for providing infrastructure facility such as constructed warm shell with plug and play facilities, internet facilities Wi-Fi, common server rooms, common meeting conference rooms, common cafeteria, common garden, power back up facilities in accordance with the co-developer agreement dated 10.02.2021 entered into with the developer subject to the condition of exit of the unit after paying all dues to the satisfaction of Development Commissioner and also subject to compliance of the relevant provisions of SEZ Act/Rules. The lease period shall be in accordance with DoC's Instruction no. 98 dated 29.08.2019. 103.9(iii) Request of M/s. Holistic Infra Developer .....

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..... directed the DC, NSEZ to review the request in light of the concerns raised by DoR. Decision on Supplementary Agenda II 103.11 Request for setting up of new SEZ (one proposal) 103.11(i) Request of M/s. Bagmane Developers Private Limited for setting up of IT/ITES SEZ at Survey No.79(part), Doddanakundi Village, Doddanakundi Industrial Area, Bangalore, Karnataka over an area of 4.60 Hectares. The Board, after deliberations, approved the proposal for setting up of SEZ for IT/ITES at Survey No. 79(part), Doddankundi Village, Doddankundi Industrial Area, Bangalore, Karnataka over an area of 4.60 Ha subject to the condition that no duty benefits shall be provided for the already constructed structure and the developer will not be eligible for any duty benefits till the date of notification of the SEZ. 103.12 Request for change in shareholding pattern (one proposal) 103.12(i) Request of M/s. RMZ Ecoworld Infrastructure Private Limited., Developer SEZ, for change in shareholding pattern due to composite scheme of arrangement. The Board, after deliberations, approved the proposal for in-principle approval for change in shareholding pattern subject to approva .....

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