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        Customs, DGFT & SEZ

        29 FDI PROPOSALS APPROVED

        March 4, 2009

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        Based on the recommendations of Foreign Investment Promotion Board (FIPB) in its meeting held on 23rd February, 2009, Government has approved 29 Proposals of Foreign Direct Investment amounting to Rs. 616.08 Crore approximately.  The proposals relate to Ministries/Departments, namely, Commerce, Economic Affairs, Information & Broadcasting, Telecommunication, Tourism, Industrial Policy & Promotion, Post, Defence Production, and Urban Development. 

        Details of 29 proposals which have been approved:

        Sl. No.

        Name of the applicant

        Particulars of the proposal

        FDI/NRI inflows (Rs. In Crore)

        COMMERCE

        1

        M/s Poltrona Frau S.p.A

        Single Brand retail trading.

        21.50

        ECONOMIC AFFAIRS

        2

        Bharath Wind Farms Ltd., Chennai

        Conversion of operating company into operating cum holding company to make downstream investments.

        No Fresh Inflow

        3

        M/s Lisi Aerospace and Lanc Aero Industries, France

        Conversion of operating company into operating cum holding company to make downstream investments.

        9.70

        4

        M/s Matrix Laboratories Ltd., Secunderabad

        Conversion of operating company into operating cum holding company to make downstream investments.

        3.72

        5

        M/s Astrix Laboratories Ltd., Secunderabad

        Transfer of shares from NR to NR.  Proposal attracts Press Note 1 of 2005.

        No Fresh Inflow

        6

        M/s Avendus Capital Pvt. Ltd., Mumbai

        Conversion of operating company into operating cum holding company to make downstream investments to undertake the activities of NBFC.

        No Fresh Inflow

        7

        M/s WNS Global Services Pvt. Ltd.

        Conversion of operating company into operating cum holding company to make downstream investments.

        No Fresh Inflow

        8

        M/s Cinema Capital Ventures Fund

        Induction of foreign investments in units of a scheme of an Indian venture capital fund, organized as a trust and registered under the Securities and Exchange Board of India (Venture Capital Fund Regulations), 1996 (VCF Regulations) engaged in the media and entertainment (M&E) sector in India.

        50.00

        9

        M/s EBS Worldwide Services Pvt. Ltd. Mumbai.

        Conversion of operating company into operating cum holding company to make downstream investments.

        0.42

        10

        M/s Velankani Information Systems Pvt. Ltd. Bangalore

        Post facto approval for conversion of operating company into operating cum holding company to make downstream investments.

        No Fresh Inflow

        11

        M/s Shalivahana Green Energy Ltd. Secunderabad.

        Conversion of operating company into operating cum holding company to make downstream investments and transfer of equity form resident to non-resident.

        13.14

        INFORMATION & BROADCASTING

        12

        M/s What's on India Media Pvt. Ltd., Mumbai

        To hold a TV channel license for up-linking a non-news and current affairs TV channel from India

        No Fresh Inflow

        TELECOMMUNICATION

        13

        M/s Telcordia Technologies Inc. USA

        Induction of foreign equity upto 74% to carryout the activities of mobile number portability solutions.

        45.00

        TOURISM

        14

        M/s AAPC Singapore Pte Ltd., Singapore

        To invest up to 100% in an Indian company by subscribing to equity/ fully convertible preference shares; and / or subscribe to fully convertible debentures to construct, develop, own and manage Formule 1 hotels in India.  The proposal attracts Press Note 1 of 2005.

        365.78

        COMMERCE

        15

        M/s  Zepter International India Pvt Ltd. 

        To waive of the condition of test marketing and to carry out wholesale cash & carry business only.

        No Fresh Inflow

        INDUSTRIAL POLICY & PROMOTION

        16

        M/s R.E.D. Graniti Quarries and Blocks (I) Pvt. Ltd. 

        Conversion of operating company into operating cum holding company to make downstream investments.

        No Fresh Inflow

        17

        M/s Caparo Engg (I) Pvt. Ltd. 

        To issue and allot equity shares against the full and final discharge on account of import of machinery.

        No Fresh Inflow

        18

        M/s Thomyan Food Industries (I) Pvt. Ltd.

        To undertake the additional activities of manufacturing of items covered under the SSI itesms.

        No Fresh Inflow

        19

        M/s Macquarie Capital Adviser (India) Pvt. Ltd.

        To modify the percentage of equity share capital set out in the approval letter and to delete the condition of compounding.

        No Fresh Inflow

        INFORMATION & BROADCASTING

        20

        M/s Reed Infomedia (I) Pvt. Ltd. 

        To publish additional magazines.

        No Fresh Inflow

        COMMERCE

        21

        M/s Mallcom (India) Ltd., Kolkata

        Induction of foreign equity in the enhanced paid up capital to carry out the marketing and selling industrial safety products.  The proposal attracts Press Note 1 of 2005.

        0.01

        ECONOMIC AFFAIRS

        22

        M/s Dynamatic Technologies Ltd., Bangalore

        Ex-post facto approval for engaging in the business of defense and strategic industries.

        Not indicated

        23

        M/s High Mark Credit Information Services Pvt. Ltd., Mumbai

        To issue and allot up to 10% of the issued share capital.

        5.00

        24

        M/s Logix Microsystems Ltd., Bangalore

        Transfer of shares by way of share swap.

        4.00

        25

        M/s ABG Bulk Handling Pvt. Ltd., Mumbai

        Conversion of operating company into an operating cum holding company to make further downstream investment.

        90.00

        26

        M/s eSys Information Technologies Ltd.

        Conversion of operating company into an operating cum holding company to make further downstream investment.

        No Fresh Inflow

        POST

        27

        M/s ELbee Express Pvt. Ltd.

        To issue and allot Cumulative Compulsory Convertible Preference shares.  The company is engaged in the business of providing courier and logistics services.

        7.81

        DEFENCE PRODUCTION

        28

        M/s Astra Microwave Products Limited, Hyderabad

        FDI investment up to 26% in a company proposing to engage in manufacture of licensed defence items

        No Fresh Inflow

        URBAN DEVELOPMENT

        29

        M/s HBS Realtors Pvt. Ltd., Mumbai

        Conversion of operating company into an operating cum holding company to make further downstream investment.

        Already noted

        The following 19 (Nineteen) proposals have been deferred:

        Sl. No

        Name of the applicant

        Particulars of the proposal

        1

        M/s John Deere Construction & Forestry, USA

        To set up a JV to carry out the manufacturing, marketing and distribution of all types of construction equipments.  The proposal attracts Press Note 1 of 2005.

        2

        M/s BNP Paribas Securities Services Ltd., France

        (i) To subscribe either directly or through a wholly owned subsidiary to equity shares constituting 49% of the post investment issued and paid up share capital and any additional shares that may be issued form time to time and, (ii) to constitute a joint venture for undertaking the business of providing registrar and share transfer agency services (including for mutual funds) and other ancillary securities services in India in compliance with applicable laws.

        3

        M/s Unitech Ltd., Gurgaon

        Conversion of operating company into operating cum holding company to make downstream investments to carry out the business of construction and development of real estate projects.

        4

        M/s Ortus Infratel and Holdings Pvt. Ltd., New Delhi

        Induction of FDI in the companies engaged in telecom infrastructure providers (Category-I) and conversion of operating company into operating cum holding company to make downstream investments.

        5

        M/s Saket Engineers Pvt. Ltd. Bangalore.

        Conversion of operating company into operating cum holding company to make downstream investments to undertake Real estate development projects and to make downstream investments in entities undertaking FDI compliant projects/activities.

        6

        M/s Thales Avionics S.A. France

        To set up a JV with a foreign equity participation of 26% in Defence sector.

        7

        M/s TRW Aftermarket Asia Pacific Pte Ltd., Singapore

        To set up a Joint Venture Company to undertake the business of airbag modules for installation onto vehicles produced in India.  The proposal attracts Press Note 1 of 2005.

        8

        M/s Tikona Digital Networks Pvt. Ltd., Mumbai

        Induction of foreign investment by issuing CCDs and equity shares to undertake developing, establishing and operating infrastructure as a Category-A Internet Service Provider.

        9

        M/s Yamaha Motor India Sales Pvt. Ltd. 

        Transfer of business operations to a company engaged in the business of manufacture, sale, import & exports of motorcycles, bi-wheelers and parts thereof.

        10

        M/s Information Tech Park, Bangalore 

        Buy-back of built up space constructed by the company itself under the Industrial Park Policy and leasing out the same to clients.

        11

        M/s Quippo Telecom Infrastructure Ltd.(QTIL)

        Conversion of operating company into operating cum holding company to make downstream investments and demerger of passive telecom infrastructure business approved by the High Court of Andhra Pradesh.

        12

        M/s Tanla Solutions Ltd., Hyderabad

        Conversion of operating company into operating cum holding company to make downstream investments.

        13

        M/s Hiranandani Realtors Pvt. Ltd., Mumbai

        Conversion of operating company into an operating cum holding company to make further downstream investment.

        14

        M/s Lakepoint Builders Pvt. Ltd., Mumbai

        Conversion of operating company into an operating cum holding company to make further downstream investment.

        15

        M/s DNATA, UAE

        To set up a JV company to provide ground handling services for both domestic and international operators as well as cargo handling and related services.

        16

        M/s ABG Kandla Container Terminal Ltd.

        Conversion of operating company into an operating cum holding company to make further downstream investment.

        17

        M/s Broadband Pacenet (India) Pvt. Ltd., Mumbai

        Induction of foreign equity by way of subscribing to or acquisition of shares up to 74% equity of the company.

        18

        M/s NSK Holding Pvt. Ltd.

        Transfer, issue of equity shares and/ or compulsory convertible instruments into equity shares to Foreign Collaborator.  To acquire the status of foreign owned Indian holding company and to make downstream investment.

        19

        M/s JT International Mauritius Pvt. Ltd

        To increase in foreign shareholding from 50% to 74%.

        The following 1 (One) proposal has been rejected:

        Sl. No

        Name of the applicant

        Particulars of the proposal

        1

        M/s ICP Investments (Mauritius) Ltd. Mauritius 

        Transfer of Shares from NR to NR (repatriation of original investment before a period of three years from completion of minimum capitalization.

                    The following 1 (One) proposal has been withdrawn by the applicant.     

        Sl. No

        Name of the applicant

        Particulars of the proposal

        FDI/NRI inflows (Rs. In Crore)

        1

        M/s Indtech Construction Pvt. Ltd., New Delhi

        Transfer of rights attached with warrants exercisable into equity shares.

        25.40

        The following 01 (One) proposal has been noted as the applicant has invested at a time when there was no policy on FDI in commodity exchange.

        Sl. No

        Name of the applicant

        Particulars of the proposal

        FDI/NRI inflows (Rs. In Crore)

        1

        M/s Goldman Sachs Investments (Mauritius) I Ltd., Mauritius

        Ex-Post-facto approval for acquisition of equity shares representing 7% of the paid up and issued share capital and divestment of excess investment of 2% by June 30, 2009 to undertake the commodity exchange.

        No Fresh Inflow

        Foreign direct investment approvals expand across sectors; many proposals deferred, one rejected, one withdrawn, and one noted ex post facto. Foreign Direct Investment approvals were granted for twenty-nine proposals across multiple ministries and sectors, amounting to approximately Rs. 616.08 crore. Approvals include induction of foreign equity, conversions of operating companies into operating cum holding companies to permit downstream investments, issuance of convertible instruments, post facto regularisations, and sector specific permissions subject to Press Note constraints. Nineteen proposals were deferred for further scrutiny, one was rejected for impermissible repatriation of original investment, one withdrawn, and one investment was noted ex post facto absent a policy at the time.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Foreign direct investment approvals expand across sectors; many proposals deferred, one rejected, one withdrawn, and one noted ex post facto.

                                Foreign Direct Investment approvals were granted for twenty-nine proposals across multiple ministries and sectors, amounting to approximately Rs. 616.08 crore. Approvals include induction of foreign equity, conversions of operating companies into operating cum holding companies to permit downstream investments, issuance of convertible instruments, post facto regularisations, and sector specific permissions subject to Press Note constraints. Nineteen proposals were deferred for further scrutiny, one was rejected for impermissible repatriation of original investment, one withdrawn, and one investment was noted ex post facto absent a policy at the time.





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                                ActsIncome Tax
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