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Minutes of the 120th meeting of the Board of Approval for SEZs held on 18th June, 2024 at Pune

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..... ed Officer and the Development Commissioner that the Developer has refunded the duty as per the provisions of Rule 11B of SEZ Rules, 2006 and Instruction No. 115 dated 9th April, 2024 issued by Department of Commerce. Accordingly, the Board ratified the minutes of the 119th meeting of the BoA for SEZs held on 06th March, 2024. 120.2: Request for extension of validity of formal approval (1 proposal) 120.2(i) Request of M/s. Phoenix Spaces Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of IT/ITES SEZ at Sy. No. 285, Puppalguda beyond 30.03.2024. The Board, after deliberations, approved extension of the validity of formal approval for one year, i.e., upto 30th March, 2025. 120.3: Request for extension of LoA of Unit (1 proposals) 120.3(i) Request of M/s. Wockhardt Ltd. Unit 2, located at Plot No. 6 in Wockhardt Infrastructure Development Ltd.-SEZ, Shendre, Aurangabad, Maharashtra, for extension of Letter of Approval dated 25.02.2013, beyond 10th year, for the period of one year, from 01.03.2024 up to 28.02.2025. The Board, after deliberations, approved extension of validity of LoA for one year, i.e., upto 28th February, 2025. 1 .....

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..... at Bangalore, Karnataka. 120.6(ii) Request of M/s. Mahindra World City Developers Ltd. for partial de-notification of 42.073 Ha out of 288.406 Ha of their Multi-sector SEZ at Thenmelpakkam Village, Chengalpattu District, Tamil Nadu. The Board, after deliberations, recommended the partial de-notification of 42.073 Ha out of 288.406 Ha of M/s. Mahindra World City Developers Limited, Multi-sector SEZ at Thenmelpakkam Village, Chengalpattu District, Tamil Nadu. 120.6(iii) Request of M/s. Electronics Corporation of Tamil Nadu (ELCOT) Ltd. for partial de-notification of 18.9535 Ha out of 70.01 Ha of their Multi-Sector SEZ at Hosur, Tamil Nadu. The Board, after deliberations, recommended the partial de-notification of 18.9535 Ha out of 70.01 Ha of M/s. Electronics Corporation of Tamil Nadu (ELCOT) Limited, Multi-Sector SEZ at Hosur, Tamil Nadu. 120.7: Request for conversion of processing area into non-processing area under Rule 11(B) (1 proposal) 120.7(i) Request of M/s. Shyamaraju & Company (India) Private Limited, Developer, for demarcation of SEZ Processing Built-up area (201654.29 sq.mtr.) as Non-Processing Area in terms of Rule 11 B of SEZ Rules, 2006. The Board, after delibe .....

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..... Business Park Pvt. Ltd, SEZ, Pune subject to the following conditions: - i. The unit which had availed of tax incentives under the Income Tax Act for a certain period of time would be eligible for such incentives for the balance period only, as allowed under the Income Tax Act, after its relocation. ii. The assessing officer under the Income Tax Act, shall have the right to assess the taxability arising out of the transfer of the unit. iii. The unit would be liable to refund the duty incentives availed on such assets which are not shifted to the new location of the unit. 120.8(v) Request of M/s. Adani Power (Jharkhand) Ltd, a sector-specific SEZ for Power at Godda District, Jharkhand, for opening of two additional permanent gates in the processing area of their SEZ. The Board, after deliberations, approved the request of M/s. Adani Power (Jharkhand) Ltd. for opening of two additional permanent gates in the processing area of their SEZ subject to the condition that any additional cost so incurred on deployment of any extra manpower for manning the said gates will be borne by the Developer. The Board also directed that such decisions may be taken at the level of the concerne .....

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..... deferred the proposal with a direction to hold Inter-Ministerial Consultation to look at the aspects related to the proposal and take necessary action including amending the extant rules, where necessary. 120.12: Appeal (3 cases) 120.12(i) Appeal filed by M/s. Margo Impex Private Limited against the decision of UAC, NSEZ meeting held on dated 04.04.2024. 120.12(ii) Appeal filed by M/s. Srikaram Prescience Private Limited against the decision of UAC, NSEZ meeting held on dated 04.04.2024. The Board heard the representatives of both the Units [item no. 120.12(i) & 120.12(ii)] and observed that the matter requires to be examined holistically. Further, the Board was of the view that for further examination of the matter, documents/details of the above Units in regard to their imports & exports, business model, DTA transfer etc. are required. Accordingly, the Board, after deliberations, deferred both the appeals and directed DoC to seek these documents/details from the appellants. 120.12(iii) Appeal filed by M/s. Tristar Global Traders Pvt. Ltd. against the decision of UAC, FSEZ regarding cancellation of their LoA. The Board heard the appellant. The appellant informed the Board th .....

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..... of M/s. Oxygen Business Park Private Limited, Developer, for demarcation of 10154.00 Square meter built-up processing area of 10th, 11th & 12th floor of Tower-3 as Non-Processing Area in terms of Rule 11B of SEZ Rules, 2006 subject to the conditions that No-Dues Certificate as well as other necessary documents are received from the Developer and Certification of duty refund by Specified Officer and DC in the prescribed format is submitted to DoC. 120.14: Request for partial de-notification (5 proposals) 120.14(i) Request of M/s. Manyata promoters Pvt. Ltd., an IT/ITES SEZ at Bangalore, Karnataka for partial de-notification of 4.9026 Ha out of 24.1017 Ha. The Board, after deliberations, recommended the partial de-notification of 4.9026 Ha out of 24.1017 Ha of M/s. Manyata promoters Pvt. Ltd., an IT/ITES SEZ at Bangalore, Karnataka. 120.14(ii) Request of M/s. Magarpatta Township Development and Construction Company Ltd., an Electronics Hardware and Software including IT/ITES SEZ at Magarpatta City, Village Hadapsar, District Pune, Maharashtra for partial de-notification of 0.66 Ha out of 11.98 Ha. During discussion, DGEP differed with the DoC's clarification dated 10.04.202 .....

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..... oard, after deliberations, approved the proposal of M/s. Wynfra Cybercity LLP for Co-developer status in M/s. KGISL Infrastructure Private Limited for Office space, Food Services including Cafeteria, food court(s), coffee shops, canteens and catering facilities over an area of 1.89.50 hectares, in accordance with the Co-developer agreement dated 08.04.2024 entered into with the Developer subject to standard terms and conditions as per the SEZ Act and Rules. Further, the Assessing Officer will have the right to examine the taxability of the income by way of lease rentals/down payment/premium etc. for the purpose of assessment under the prevalent Income-tax Act, 1961 and Income-tax Rules, 1962 as amended from time to time. The lease period shall be in accordance with DoC's Instruction No. 98 dated 29th August, 2019. 120.15(ii) Request of M/s. Shivalik SEZ Projects LLP, Ahmedabad for approval as Co-Developer within the processing Area in GIFT-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. Shivalik SEZ Projects LLP for Co-developer status in M/s. GIFT SEZ Limited for .....

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..... nditions as per the SEZ Act and Rules. Further, the Assessing Officer will have the right to examine the taxability of the income by way of lease rentals/down payment/premium etc. for the purpose of assessment under the prevalent Income-tax Act, 1961 and Income-tax Rules, 1962 as amended from time to time. The lease period shall be in accordance with DoC's Instruction No. 98 dated 29th August, 2019. 120.15(v) Request of M/s. WOLP II Warehouse VIA Private Limited for Co- developer status in M/s. Jawaharlal Nehru Port Authority, a Multi-sector SEZ at Administration Building, Nhava Sheva, Taluka Uran, Navi Mumbai. The Board, after deliberations, approved the proposal of M/s. WOLP II Warehouse VIA Private Limited for Co-developer status in M/s. Jawaharlal Nehru Port Authority for Multi-Sector (i.e. Construction of buildings and creation of infrastructure for SEZ/FTWZ units, with default authorized operations as per DoC's Instruction No. 50 dated 15.03.2010) over an area of 18.162 Ha. (1,81,625 Sq.mtrs.), in accordance with the Co-developer agreement dated 21.03.2024 entered into with the Developer subject to standard terms and conditions as per the SEZ Act and Rules. Further, .....

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..... me-tax Act, 1961 and Income-tax Rules, 1962 as amended from time to time. The lease period shall be in accordance with DoC's Instruction No. 98 dated 29th August, 2019. 120.16: Request for increase in area by Co-developer (1 proposal) 120.16(i) Request of the co-developer M/s. Brigade (Gujarat) Projects Private Limited, Bengaluru for additional area approved for Building No.14-B 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. Brigade (Gujarat) Projects Private Limited for additional area in M/s. GIFT SEZ Limited to develop, maintain and operate office building No. 14-B for units to undertake export of services in the processing area of GIFT-SEZ over an additional area of 1,16,000 square feet totalling 3,76,000 (2,60,000 + 1,16,000) square feet, in accordance with the Co-developer agreement dated 12-04-2016 & 18-04-2024 entered into with the Developer subject to standard terms and conditions as per the SEZ Act and Rules. Further, the Assessing Officer will have the right to examine the taxability of the income by way of lease rentals/down payment/premium etc. fo .....

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..... e 11B of SEZ Rules, 2006 - CSEZ. The Board, after deliberations, approved the request of M/s. RGA Infrastructure, Developer, for demarcation of 52579.70 sq.mtr. built-up processing area as Non-Processing Area in terms of Rule 11B of SEZ Rules, 2006 subject to the conditions that No-Dues Certificate as well as other necessary documents are received from the Developer and Certification of duty refund by Specified Officer and DC in the prescribed format is submitted to DoC. 120.19(iii) Request of M/s. Divyasree Tech Park Contractors Pvt. Ltd, co-developer for M/s. Lanco Hills Technology Park Pvt. Ltd, IT/ITES SEZ at Manikonda Village, Rajendra Nagar Mandal, Ranga Reddy District, Telangana for demarcation of their SEZ under Rule 11 B of SEZ (Fifth Amendment) Rules, 2023 - VSEZ. The Board, after deliberations, approved the request of M/s. Divyasree Tech Park Contractors Pvt. Ltd, Developer, for demarcation of 61,879.85 Sq.Mtrs built-up processing area as Non-Processing Area in terms of Rule 11B of SEZ Rules, 2006 subject to the conditions that No-Dues Certificate as well as other necessary documents are received from the Developer and Certification of duty refund by Specified Office .....

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..... re facilities over an area of 33,140 (66280-33140) sq.ft. at 2nd Floor of Block-C4 in the SEZ, in accordance with the Co-developer agreement dated 21.05.2024 entered into with the Developer subject to standard terms and conditions as per the SEZ Act and Rules. Further, the Assessing Officer will have the right to examine the taxability of the income by way of lease rentals/down payment/premium etc. for the purpose of assessment under the prevalent Income-tax Act, 1961 and Income-tax Rules, 1962 as amended from time to time. The lease period shall be in accordance with DoC's Instruction No. 98 dated 29th August, 2019. 120.22: Request for extension of validity of formal approval (1 proposal) 120.22(i) Request of M/s. Phoenix Spaces Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of IT/ITES SEZ at Sy. No. 286 & 287, Puppalguda beyond 30.3.2024 - VSEZ. The Board, after deliberations, approved extension of the validity of formal approval for one year i.e., upto 30th March, 2025. 120.23: Request for extension of LoA of Unit (1 proposal) 120.23(i) Request of M/s. Alaya International Private Limited in M/s. FAB City SPV (India) Pvt .....

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