TaxTMI 
TaxTMI 
Minutes of the 48th meeting of the SEZ Board of Approval held on 19th September 2011 to consider proposals for setting up Special Economic Zones
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....ts to the tune of Rs. 3,15,867.85 Crore has been made from the SEZs, registering a growth of about 43.11% over the exports for the year 2009-10. Exports during the first quarter of the current financial year i.e. up to 30.06.2011 have been to the tune of Rs. 72,255.49 Crore. Item No. 48.1: Proposals for setting up of SEZs. (i) Request for setting up of a sector specific Special Economic Zone for Petroleum and Oil & Gas Industry at Rajayyapeta village, Visakhapatnam District, Andhra Pradesh by M/s. Planet SEZ Private Limited, over an area of 108 hectare The Board noted that the Government of Andhra Pradesh had recommended the proposal vide letter dated 10.08.2011. Since, the land was not in possession of the Developer, the Board decided to grant in-principle approval to the proposal of M/s Planet SEZ Private Limited, for setting up of a sector specific Special Economic Zone for Petroleum and Oil & Gas Industry at Rajayyapeta village, Visakhapatnam District, Andhra Pradesh,over an area of 108 hectares. (ii) Proposal of M/s. Indian Strategic Petroleum Reserves Limited, for setting up of FTWZat Padur, Karnataka, over an area of 41.20 hectares. The Board noted that the Developer wa....
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....ercial Services Private Limited (SCSPL) for codeveloper in the sector specific SEZ for Electronic Hardware and Software including IT/ITES at Rachenhalli and Nagavara villages, Hobli, Outer Ring Road, District Bangalore, Karnataka, being developed by M/s. Manyata Promoters Private Limited After deliberations, the Board approved the request of M/s. Stylus Commercial Services Private Limited for becoming a co-developer in the above mentioned SEZ, for undertaking development of about 21,696 sq. ft. of built up space, in accordance with the codeveloper agreement entered into with the developer. (iii) Request of M/s. Pandit Deendayal Petroleum University for co-developer in Multi Product SEZ at Vagra, District Bharuch, Gujarat, being developed by M/s. Dahej SEZ Limited After deliberations, the Board deferred the proposal, as a reply is awaited to certain queries addressed to Chief Secretary, Gujarat, in response to a reference made by him. (iv) Request of M/s. Artha Builders LLP for co-developer in the sector specific SEZ for Electronic Hardware and Software including IT/ITES at Greater Noida, Uttar Pradesh, being developed by M/s. Artha Infratech Private Limited Representative of C....
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....file in consultation with departments concerned, to find suitable resolution. Accordingly, the proposal was deferred. (viii) Request of M/s. Basix Academy for Building Lifelong Employability (B-ABLE) for co-developer in the sector specific SEZ for Food Processing at Tuticorin District, Tamil Nadu, being developed by M/s. CCCL Pearl City Food Port SEZ Limited The proposal was deliberated by the BoA. It was noted that while the importance of value added services offered by a skill-development centre to the SEZ exporting units could not be denied, the proposal contained a number of issues which required further examination on file in consultation with departments concerned. Accordingly, the proposal was deferred. Item No. 48.3: Requests for Authorized Operations BoA considered the proposals for authorized operations and it is clarified that all approvals for authorized operations are subject to the development guidelines approved by EGoM in its meeting dated 24th October 2008, which was noted by the members of the BoA, and State Government Representatives in its meeting held on 8th December 2008. Accordingly, the DCs will ensure that all the authorized operations approved by the B....
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....artment - 1 Building - 320 units 27000 E. 3 BHK Apartment - 1 Building - 320 units 51500 Total 112100 2. Commercial A. Workers Canteen and Club 2000 B. Retail Market 1000 Total 3000 (iv) Request of M/s. Indian Strategic Petroleum Reserves Ltd. (ISPRL), a co-developer in the sector specific SEZ for Petrochemicals and Petroleum sector at Baikampady, near Mangalore, Dakshina Kannada District, Karnataka, being developed by M/s. Mangalore SEZ Limited, for authorized operations The BoA perused the proposal and after deliberations, the Board decided to approve the authorized operations, in the processing area of the SEZ, as given in the table: S.No. Name of the authorized activity No. of Units Area per Unit (in sqm) as per FSI/FAR Norms as applicable Total Area/capacity (1) (2) (3) (4) (5) 1. Underground strategic crude oil storage in unlined rock caverns (involving creation of underground rock caverns and setting up of above ground process facilities) 1 4,23,705.80 (104.7 acres) Capacity 1.5 million metric tons (v) Request of M/s. L&T Shipbuilding Limited for amendment in the authorized operations, in sector specific SEZ for Heavy Engineering at Kattuppalli....
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.... factual report before the BoA for facilitating decision in the matter. (ix) Request of M/s. G.P. Realtors Private Limited for authorized operations in sector specific SEZ for IT/ITES at village Behrampur, District Gurgaon, Haryana After deliberations, it was decided that Director (SEZ), Department of Commerce, would visit the SEZ site and submit a factual report before the BoA for facilitating decision in the matter. Item No. 48.4: Request for withdrawal of formal approval (i) Withdrawal of formal approval granted to Maharashtra Industrial Development Corporation for setting up of sector specific SEZ for Biotechnology at Ranjangaon, District Pune, Maharashtra The Board decided to approve the request of Maharashtra Industrial Development Corporation (MIDC) for withdrawal of formal approval granted to them for setting up of sector specific SEZ for Biotechnology at Ranjangaon, District Pune, Maharashtra, over an area of 30 hectares, subject to DC's certificate that the developer has not availed of any tax/duty benefits under the SEZ Act/Rules or have been refunded, as the case may be. Item No. 48.5: Requests for de-notification (i) Request of M/s. Benchmark Realty Private Limi....
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....roval had earlier been granted by the BoA, then it need not be brought before the BoA again and may be decided on file by DoC. (ii) Request of M/s. International Biotech Park Limited for decrease in area of the notified sector specific SEZ for Biotechnology at District Pune, Maharashtra After deliberation, the Board decided to approve the request of M/s. International Biotech Limited for de-notification of 2.299 Ha from the SEZ thereby making the total area of the SEZ as 10.571 Ha. The approval is also subject to the contiguity of the SEZ being maintained and the DC's certificate that the developer has refunded all the tax/duty benefits availed under SEZ Act in respect of the area to be de-notified. (iii) Request of M/s. Maytas Hill County SEZ Private Limited for decrease in area of the notified sector specific SEZ for IT/ITES at Bachupally village, QutubullapurMandal, Ranga Reddy District, Andhra Pradesh After deliberation, the Board decided to approve the request of M/s. Maytas Hill County SEZ Private Limited for de-notification of 8.01 Ha from the SEZ thereby making the total area of the SEZ as 13.22 Ha. The approval is also subject to the contiguity of the SEZ being mainta....
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....EZ Private Limited for extension of the validity period of formal approval, granted for setting up of a sector specific SEZ for Multi-Services at village Ulwe, Navi Mumbai, Mahartashtra, beyond 26th February, 2012. (iv) Request of M/s. Navi Mumbai SEZ Private Limited for extension of the validity period of formal approval, granted for setting up of a sector specific SEZ for Gems and Jewellery at village Ulwe, Navi Mumbai, Mahartashtra, beyond 26th February, 2012. (v) Request of M/s. Golden Tower Infratech Private Limited for extension of the validity period of formal approval, granted for setting up of a sector specific SEZ for IT/ITES at Noida, Uttar Pradesh, beyond 2nd September, 2011 (vi) Request of M/s. Khed Economic Infrastructure Private Limited for extension of the validity period of formal approval, granted for setting up of Multi Product SEZ at TalukaShirpur&Khed, District Pune, Maharashtra, beyond 1st January, 2012. (vii) Request of M/s. DLF Commercial Developers Limited for extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Sector 143A, Noida, Uttar Pradesh, beyond 2nd July, 2011. (viii) Request of M/s. ....
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....g up of sector specific SEZ for Gems &Jewellery at Verna, Goa, beyond 26th June, 2010. The Board noted that the matter is sub-judice before the Apex Court in SLP Nos. 527 and 501 of 2011. Therefore, the Board, after deliberations, deferred the above requests till the outcome of the SLPs pending in Hon'ble Supreme Court. Item No. 48.9: Requests for second extension of validity of formal approvals After deliberations, the Board decided to grant second extension of validity of formal approval in respect of each of the following 8 (Eight) developers for a period of one year beyond the expiry of the validity period: (i) Request of Electronics Corporation of Tamil Nadu Limited for second extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Hosur, Tamil Nadu, beyond 25th July, 2011. (ii) Request of M/s. Canton Buildwell Private Limited for second extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Gurgaon-Faridabad Road, Haryana, beyond 25th July, 2011 (iii) Request of M/s. Tata Consultancy Services Limited for second extension of the validity period of formal a....
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....ird extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Hardware and Software at Navallur village, ChengulpetTaluk and Semmencherry village, TambaramTaluk, Kancheepuram District, Tamil Nadu, beyond 5th November 2011 (iv) Request of Kerala Industrial Infrastructure Development Corporation (KINFRA) for third extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Electronics Industries at Thrikkakara village, KanayannurTaluk,ErnakulamDistrict, Kerala beyond 20th August 2011 (v) Request of M/s. Wockhardt Infrastructure Development Limited for third extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Pharmaceutical at MIDC Industrial Area, Shendre, Aurangabad, Maharashtra, beyond 2nd November 2011 (vi) Request of M/s. GHI Finlease and Investment Limited for third extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Bhondsi, Tehsil Sohna, District Gurgaon, Haryana, beyond 24th August 2011 (vii) Request of M/s. Newfound Properties and Leasing Private Limited for third extensio....
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....d 21st June, 2011. The Board sought a report from the Principal Secretary (Industry), Government of West Bengal about the justification for the request and the progress made in the implementation of the project. The Zonal DC concerned may take up the matter accordingly. Accordingly, the request was deferred. Item No. 48.13: Request of M/s. Rewas Port Limited for re-consideration of the decision of the BoA rejecting its request for grant of fourth extension of in-principle approval for setting up of a Multi-Product SEZ at Rewas District, Raigarh, Maharashtra, over an area of 2850 hectares The Board, after deliberations, did not find any merit to reconsider its earlier decision taken in its meeting held on 31st May, 2011, to deny further extension of in-principle approval to the developer. Accordingly, the request was rejected. Item No. 48.14: Request for transfer of unit from one SEZ to another (i) Request of M/s. PAREXEL International (India) Private Limited a unit in the sector specific SEZ for IT/ITES at Hyderabad by M/s. DLF Cyber City SEZ, for shifting its location to sector specific SEZ for IT/ITES at Madhapur, Ranga Reddy District, Andhra Pradesh, being developed by M/s.....
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....Request of M/s. IT Shastra (India) Private Limited, a unit in MADC SEZ, Nagpur for extension of Letter of Permission (LOP) beyond 17th July, 2011 The Board, after deliberations, extended the LoP of the unit for period of one year from the date of expiry of the validity of the last extension (i.e. up to 17th July, 2012). Item No. 48.17: Requests for extension of LoP of units beyond 4th year (i) Request of M/s. Foxconn Technology (India) Private Limited, a unit in SIPCOT SEZ, Sriperumbudur, Tamil Nadu, for extension of Letter of Permission (LOP) beyond 29th August, 2011 The Board, after deliberations, extended the LoP of the unit for period of one year from the date of expiry of the validity of the last extension (i.e. up to 29th August, 2012) (ii) Request of M/s. Finestar Diamonds, a unit in SEEPZ SEZ, Andheri East, Mumbai, for extension of Letter of Permission (LOP) beyond 7th December, 2008 The Board, after deliberations, condoned the delay and extended the validity of the unit up to 7th December, 2012 (w.e.f. 7th December, 2008). Item No. 48.18: Request of M/s. Biocon Limited for broad banding of the sector of the SEZ for "Biotechnology" at AnekalTaluk, Bangalore, Karnatak....
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....on of M/s. L&T Shipbuilding Limited, a unit in the sector specific SEZ for Heavy Engineering at Kattuppalli village, Tiruvallur District, Tamil Nadu for grant of Industrial Licence to build, repair, refit and convert all types of defence and commercial ships vessels and parts there of After deliberations the Board approved the proposal of M/s. L&T Shipbuilding Limited for grant of Industrial License to build, repair, refit and convert all types of defence and commercial shipsvessels and partsthereof as detailed below, subject to the following conditions: S. No. Equipment Description Quantity/per annum 1. Defense/Strategic Vessels 36 2. Special Purpose vessels 20 3. Commercial ships/VLCC 8 4. Repair/Refit of defence vessels and manufacture of parts/aggregates 100 5. Repair/ Refit of Commercial ships and manufacture of parts/ aggregates 100 Conditions: (i) In terms of Section 9 of the SEZ Act, 2005, BoA is the Licensing Authority for setting up of defence units in SEZs. Once a proposal has been approved by the BoA, the license will be issued by DIPP on receipt of the minutes of BoA. (ii) Exports of such items may be regulated as per the provisions of Foreign Tra....
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....roposal of M/s. PMI Engineering Exports Pvt. Ltd. for setting up a defence production unit in the MEPZ for manufacture of High Precision Components for Aerospace and other industries, subject to the following conditions: (i) In terms of Section 9 of the SEZ Act, 2005, BoA is the Licensing Authority for setting up of defence units in SEZs. Once a proposal has been approved by the BoA, the licence will be issued by DIPP on receipt of the minutes of BoA. (ii) Exports of such items may be regulated as per the provisions of Foreign Trade Policy and ITC (HS) Code. (iii) The licensing conditions will be finalized in consultation with the DIPP, the Department of Defence Production and the Ministry of Home Affairs. This is because the special conditions incorporated for industrial licenses for the defence sector have been incorporated by DIPP on the recommendations of the Department of Defence Production, which in turn, consulted the Ministry of Home Affairs in the matter. (iv) Each of the consignment of supply to DTA must be thoroughly examined by DC. (v) While selling in the domestic area, only Government Agencies would be allowed to procure the equipments. (vi) All consignment will....
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....s. Enfield Energy Limited for extension of the validity period of formal approval, granted for setting up of sector specific SEZ for non-conventional Energy including Solar Energy Equipment/Cell at Kanksa, Panagarh, District Burdwan, West Bengal, beyond 25th June, 2011. After deliberations, the Board extended the validity of formal approval for a period of one year, beyond 25th June, 2011. Item No. 48.2: Delayed requests for first extension of formal approval (i) Request of M/s. Enfield Realtors Limited for extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Non-conventional Energy including Solar Energy Equipment/Cell at Kanksa, Panagarh, District Burdwan, West Bengal, beyond 22nd May, 2010. The Board after deliberations condoned the delay and extended the validity of the formal approval up to 22nd May, 2012. (ii) Request of M/s. Enfield Infrastructure Limited for extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at ChandpurChampagachi, near RajarhatDistrict, 24 Parganas (N), West Bengal, beyond 22nd May, 2010. The Board after deliberations condoned the delay and e....
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....9 3600 2. Dining Halls 2 288 576 3. Recreation Halls 2 216 432 4. Community Stores 2 72 144 5. Warden room 2 9 18 6. Common Areas (Stairs, Toilets, Corridors, Sewage) 7200 Total 11970 Item No. 48.6: Request for de-notification (i) Request of M/s. Omnibus Industrial Development Corporation of Daman & Diu and Dadra & Nagar Haveli Limited for de-notification of the sector specific SEZ for Gems &Jewellery at Kharadpada, Naroli, Dadra & Nagar Haveli, notified over an area of 10.30 hectares After deliberations, the Board decided to approve the request of M/s. Omnibus Industrial Development Corporation of Daman & Diu an Dadra & Nagar Haveli Limited for de-notification of the sector specific SEZ for Gems &Jewelleryat Kharadpada, Naroli, Dadra & Nagar Haveli, notified over an area of 10.30 hectares, subject to DC's certificate that the developer has refunded all the tax/duty benefits availed under SEZ Act/Rules. Item No. 48.7: Approval of list of goods to be imported for authorized operations and default operations at the sector specific SEZ for chemicals at Vilayat, TalukaVagra, Dist. Bharuch, Gujarat being developed by M/s. Jubilant Infrastructure Limited Af....
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....company. It has also been clarified that while it may be considered as sale or transfer of the business of the company but not a sale of land. The Board accordingly accepted the above position and noted that in view of the above interpretation by D/o Law the requests of transfer of equity be approved subject to the following conditions:- (a) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered developer entity; (b) Fulfillment of all eligibility criteria applicable to developers, including security clearances etc., by the altered developer entity and its constituents; (c) Applicability of and compliance with all Revenue/Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc. With regard to the following cases, the BoA decided that a report may be sought from the DCs concerned regarding the above conditions and approval issued on file, subject to the above conditions being fulfilled: • M/s. AachvisSoftech Private Limited and its co-developers for change/transfer of equity of the companies. • M/s. DLF Ackruti Info Parks (Pune) Ltd. for sale of shares of th....