9911796707
TMI BlogMinutes of the 113th meeting of the Board of Approval for SEZs held on 17th January,2023 and 02nd February 2023X X X X Extracts X X X X X X X X Extracts X X X X ..... tions for Plastic Recycling Units of SEZ/EOU. Further, DoC's policy instructions dt. 27.05.2021, based on said MoEF Notification, is also in existence. In order to get the BOA decision implemented, for the units which have not fulfilled these conditions, it appears that MoEF/DoC need to make suitable retrospective modification/amendment in their notification/policy instruction so as to avoid future legal complications. (ii). For units to fulfil the short fall of NFE and other export obligations, Development Commissioner concerned shall need to look into the feasibility, and their evaluation reports require to be placed in the next BoA, as stipulated in the Minutes and thereafter the matter is to be monitored on regular basis, for ensuring strict compliance of the conditions imposed by the BoA. Department of Commerce had examined the proposal of DGEP and found that there is no need to make any retrospective amendments to MoEF CC notification dated 27.01.2021 as suggested by DGEP. It was noted that the decision of BoA was in consonance with clause 6B of the aforesaid MoEF CC notification. Further, representative from MoEF CC present in meeting also concurred with the above positi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ciple approval upto 2nd November, 2023. 113.4: Request for extension of LoA of unit (4 proposals) 113.4(i) Request of M/s Rusan Pharma Ltd. a unit in Indore SEZ for extension of Letter of Permission (LoA) beyond 01.12.2022 for one year up to 01.12.2023. The Board, after deliberations, approved extension of the validity of LoA upto 1st December, 2023. 113.4(ii) Request of M/s HLE Engineers Pvt Ltd in the Plot No Z/96/B, Dahej SEZ Ltd, Dahej, Village: Luvara, Tal: Vagra, Dist: Bharuch, Gujarat for the Extension of the Letter of Approval (LoA) by one more year i.e. upto 14.10.2023 The Board, after deliberations, approved extension of the validity of LoA upto 14th October, 2023. 113.4(iii) Request of M/s. Futuristic LED Pvt. Ltd. in the Noida SEZ for extension of Letter of Approval (LoA) beyond 19/11/2022 upto 19/11/2023 The Board, after deliberations, approved extension of the validity of LoA upto 19 November, 2023. 113.4(iv) Request of M/s. Atar Mohd Saeed Dawood Private Limited in the JNPT-SEZ for extension of Letter of Permission (LoP) beyond 20.08.2022 for 4th extension upto 20.08.2023. The Board, after deliberations, approved extension of the validity of LoA upto 20th August, 202 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... servations of CBDT and CBIC, which will be mentioned in LoA. The lease period shall be in accordance with DoC's Instruction No. 98 dated 29th August, 2019. 113.6: Request for addition area of the SEZ (one proposal) 113.6(i) Request of M/s. Cheyyar SEZ Developers Pvt. Ltd. for additional area notification of 34.82 Ha (more than 10%) to their Multi-sector SEZ at SIPCOT Industrial Park, Bargur, Tamil Nadu notified over an area of 59.398 Ha. The Board, after deliberations, approved the request of M/s. Cheyyar SEZ Developers Pvt. Ltd., for increase in area of 34.82 hectares, subject to contiguity of the land in the SEZ being maintained. 113.7: Renewal of LoA of plastic recycling units 113.7(i) Request for renewal of LoA of the plastic recycling units in Kandla SEZ, Falta SEZ and Noida SEZ for a period of five years. As per decision taken by BoA during its meeting held on 29.10.2022, the reports regarding renewal of LoAs of plastic recycling units in SEZs, submitted by DCs, Kandla SEZ, Falta SEZ and Noida SEZ were placed before the Board. The Board directed that the concerned DC shall take necessary action in the light of decision taken by BOA in its earlier meeting held on 29.10.202 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Gandhinagar, Gujarat. The Board, after deliberations, referred back the proposal to DC, GIFT-Multi Services SEZ to re-examine the proposal in terms of Rule 11(2) of the SEZ Rules, 2006 and also directed the DC to submit a complete proposal after re-examination for further consideration by the Board. 113.8(vi) Request for renewal of Letter of Approvals of M/s Ambika Scrap Recycling Pvt. Ltd. for their plastic recycling and metal scrap recycling units in KASEZ. The Board heard the representatives of the Unit and noted that in the 110th meeting of the BoA held on 26.05.2022, DC, KASEZ was directed to initiate the process of exit of the unit. Subsequently, the proposal was again discussed in the 111th meeting of the BoA held on 28.07.2022 and DC, KASEZ was requested to further examine the matter. Based on detailed examination of the matter, DC, KASEZ has informed the Board that there are no new facts, information that is available with them on the subject matter other than what was submitted before the BoA in its 110th and 11th meetings. Further, DC, KASEZ has also informed that there are no records / any other evidence available pertaining to import / DTA procurement of capital goods ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 244.55 acres in accordance with the co-developer agreement dated 21.12.2022 entered into with the developer subject to standard terms and conditions as per the SEZ Act and Rules and conditions and observations of CBDT and CBIC, which will be mentioned in LoA to be issued subsequently. The lease period shall be in accordance with DoC's Instruction No. 98 dated 29th August, 2019. 113.9(iii) Request of M/s. Venus Green Build LLP, Ahmedabad for approval as Co-Developer in Multi Services SEZ at Ratanpur, District Gandhinagar, Gujarat, developed by M/s. GIFT SEZ Limited. The Board, after deliberations, approved the proposal of M/s. Bakeri Residences LLP for co-developer status for proposes to construct and operate SEZ building for units to undertake services/authorized operations in the processing area of GIFT-SEZ over an area of 3,80,000 square feet subject to the condition that the LoA shall be issued after the submission of the Co-developer agreement and subject to standard terms and conditions as per the SEZ Act and Rules and conditions and observations of CBDT and CBIC, which will be mentioned in LoA. The lease period shall be in accordance with DoC's Instruction No. 98 dat ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of value approx. Rs.700 crores from their non SEZ Units. V. Unlike many of the SEZ UNITS who are manufacturing and exporting REPROCESSED PLASTIC AGGLOMERATES a product which is incidentally is not in demand in any country other than INDIA and to some little extent in Malaysia, their production is mostly for REPROCESSED PLASTIC GRANULES. Incidentally the same agglomerates are being imported back into the country from UAE, which has been a net exporter country over the years. Hence, the spirit and intent of the POLICY is violated. vi. They have been putting all efforts to develop a sustainable export business with focus on EUROPE. They have tied up with a European company in January 2022 to supply them the raw material and buy the recycled granules. In this context, a copy of the LETTER OF INTENT dated 29.01.2022 has also been provided. vii. The fact of the matter is that hardly any unit achieved the target of 35% as stipulated in the policy and merely exporting 1, 2 containers to neighbouring country does not establish any intent or contribute to the revenue of the country. viii. Notwithstanding of the above, the SEZ Act states that the performance of SEZ units be monitored over a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... its should have made at least some exports during the stipulated period of 18 months (i.e., 27th January, 2021 to 26th July, 2022). 3. Units shall undertake not to carry out any DTA sales till they fulfil the shortfall of NEE and export obligations for the period upto their period of expiry of validity i.e., 26th August 2022. On fulfilment of shortfall in NFE and other export obligations as stipulated above which shall be confirmed by the jurisdictional DC, and the DC may allow DTA sale to units subject to fulfilling of policy dated 27.05.2021. 4. The extension would be granted for a further period upto five years from 27th August, 2022 onwards to align the validity with other units. Such extension shall be on temporary basis only, which will be reviewed by Development Commissioner concerned from time to time. The Board further directed that all the concerned Development Commissioners shall take necessary action accordingly and submit a report to the BoA in the next meeting. In compliance of the above direction, DC, Falta SEZ, on examination of the records available with the Zone, Data of NSDL and the documents submitted by the 6 recycling plastic units, have granted renewal of LoA ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
