TaxTMI 
TaxTMI 
TaxTMI 
Minutes of the 43rd meeting of the SEZ Board of Approval held on 18th November 2010 to consider proposals for setting up of Special Economic Zones
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....s. 2,20,711 crore (approx) has been made from SEZs registering a growth of about 121.40% over the exports for the previous financial year. The export in the first half of financial year 2010-11, has been to the tune of Rs.1,39,841 crore (approx), registering a growth of 55.8% over the exports of corresponding period of the previous financial year. Item No. 43.1: Policy for setting up of units for recycling of plastics in SEZs It was noted that this policy paper was considered in the Board meeting held on 16th September, 2010 and was deferred in view of the points raised by D/o Chemicals & Petrochemicals as also Department of Revenue. This agenda item was re-circulated and so far no comments have been received from D/o Chemicals & Petrochemicals. The representatives of Department of Revenue reiterated their earlier position. It was pointed out to them that Department of Revenue must clearly bring out the revenue aspects of the proposal. As regards other issues raised by other departments, Department of Commerce will take it up with the concerned Ministries. It was thereafter decided that the consideration of the proposal will be deferred and a copy of the revised guidelines will b....
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....rate and maintain an airport and related infrastructure facilities including airfield pavements, communication and navigational aids, visual aids, passenger and cargo terminals and equipments, support services, warehousing facilities and MRO facilities, over an area of around 175 hectares, subject to the approval not being treated as an authorization for authorised operations and also the authorised operations will be subject to regulatory approvals. (ii) Request of M/s. Hind Terminals (Mundra) Private Limited for co-developer in the multi-product SEZ at Mundra, Kutch, Gujarat, developed by M/s. Mundra Port and Special Economic Zone Limited It was brought out that this proposal has been under consideration for quite some time now. It was also considered in the Board meeting held on 16the September 2010 and was deferred on the request of Department of Revenue who were to crystallize their views on this proposal. In this context, it was mentioned that a meeting was also held in Department of Commerce wherein it was decided that the proposal could be considered in terms of segregating the SEZ cargo and DTA cargo and both being separately assessed by SEZ Customs Authorities and Juris....
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....period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Perur Chettipalayam village, Coimbatore South, Coimbatore District, Tamil Nadu, beyond 4th December 2010. Item No. 43.5: Requests for second extension of validity of formal approvals After deliberations, the Board decided to grant second extension of validity of formal approvals in respect of each of the following 2 (Two) cases for a period one year beyond the expiry of the validity period. (i) Request of M/s. Gitanjali Gems Limited for second extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Gems & Jewellery at Panvel, Maharashtra, 24th October 2010. (ii) Request of M/s. Adityapur Industrial Area Development Authority for second extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Automobiles/Auto Components at Adityapur, Jharkhand, beyond 13th June 2010. Item No. 43.6: Request for grant of third extension of in-principle approval. After deliberations, the Board decided to grant extension of validity of in-principle approval granted to M/s. Nanded SEZ Limited for setting up of a sector ....
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.... Naroli, Dadra & Nagar Haveli, over an area of 12.81 hectares, subject to DC's certificate that the developer has refunded all the tax/duty benefits. (ii) Request of M/s. Ajanta Projects (India) Ltd. for de-notification of the sector specific SEZ for Non-conventional Energy including Solar Energy (originally Biotechnology) at Plot No. C-22, Five Star Industrial Area, Shendra, Aurangabad, Maharashtra, notified over an area of 10 hectares (iii) Request of M/s. Ajanta Projects (India) Ltd. for de-notification of the sector specific SEZ for Pharmaceutical at Plot No. C-21, Five Star Industrial Area, Shendra, Aurangabad, Maharashtra, notified over an area of 100 hectares The requests have been withdrawn by the developer. Item No. 43.9: Requests for withdrawal of formal approval (i) Withdrawal of formal approval granted to M/s. DivyaSree Infrastructure Projects Private Limited for setting up of sector specific SEZ for IT/ITES at Bellandur Amani Kane, Off Airport Road, Bangalore, Karnataka The Board decided to approve the request of M/s. DivyaSree Infrastructure Projects Private Limited for setting up of sector specific SEZ for IT/ITES at Bellandur Amani Kane, Off Airport Road, Bang....
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....ations approved by the BoA, in this meeting, are in line with the guidelines. (i) Request of M/s J.B. SEZ Private Limited for authorized operations in the sector specific SEZ for Pharmaceutical at Panoli near Ankleshwar, Bharuch District, Gujarat The BoA perused the proposal and after deliberations, the Board decided to approve the authorized operations, in the non-processing area, as given in the table:- S.No. Name of the authorized activity Quantum admissible in sqm. Quantum already permitted (in sqm) No. of units proposed Area per unit (in sqm) Total area proposed (in sqm) Quantum Approved (in sqm) 1. Residential a) TYPE 1 - Apartment Building Nil 32 [Each having 16 flats (8 flats of 80.805 sqm + 8 flats of 101 sqm] 1454.44 46542.08 (1454.44 x32) 46542.08 b) TYPE 2 - Apartment Building Nil 48 [Each having 16 flats of 40.495 sqm] 695.92 33404.16 (695.92 x48) 33404.16 Total 91200 79946.24 79946.24 Commercial 2. a) Convenient Shopping + Office +Theatre Nil 1 3144.24 3144.24 3144.24 b) Hotel Nil 1 7761.71 7761.71 7761.71 3. a) JB SEZ Admin Bldg with Custom Office + Bank + Cafeteria +Dormitories 1 1486.57 1486.57 1486.57 b) Educational....
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..... Till then, these proposals stand deferred. (iii) Request of M/s. CCCL Pearl City Food Port SEZ Limited for broad banding of the sector of the SEZ for "food processing" by including allied industries relating to food processing industry The Board noted that the request of the developer was for broad banding of the sector of the SEZ by including manufacturing of machinery for food processing industry. This would correctly fall under the category of Engineering industries and cannot be approved for the purpose of broad banding in the SEZ for food processing. The Board accordingly rejected the proposal of the developer. Item No. 43.13: Request of M/s. Indiabulls Realtech Limited, a co-developer in the multi-product SEZ being developed by M/s. Indiabulls Industrial Infrastructure Limited at Nasik, Maharashtra, for waiver of the condition prohibiting trading bricks and blocks made out of thermal ash in the DTA The Board noted that it is binding on the developer as a part of the environment clearance to the project that he has to dispose of the fly ash in the form of bricks. Hence, for the developer, it is by way of a regulation that the fly ash bricks have to be made rather than as....
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....ALTA SEZ for extension of validity of LoP After deliberation the Board extended LoP of the unit for a further period of five years from the date of expiry of the validity of the extension (i.e. w.e.f. 14.7.2010). The approval is, however, subject to the condition that the unit shall have to abide by the outcome of the final policy for the plastic re-processing units in the SEZs. Item No. 43.18: Request for transfer of unit from one SEZ to another (i) Request of M/s. InterGlobe Technology Quotient Private Limited, a unit in Noida SEZ for shifting its location to sector specific SEZ for IT/ITES at Gurgaon, Haryana, being developed by M/s. Gurgaon Infospace Limited The Board after deliberation approved the request of M/s. InterGlobe Technology Quotient Private Limited from the Noida SEZ to sector specific SEZ for IT/ITES at Gurgaon, Haryana, being developed by M/s. Gurgaon Infospace Limited. Item No. 43.19: Extension of LoP of M/s. Ucal Fuel Systems Limited beyond fourth year for a period of one year The Board ratified the decision. Item No. 43.20: Appeals before BoA (i) Appeal of M/s. NSL SEZ (Hyderabad) Private Limited against the decision of the BoA rejecting the request o....
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.... sector specific SEZ for "Handicraft" at Kaparda, Jodhpur, Rajasthan The Board noted that the Developer was in possession of the land. The State Government has also recommended the proposal. Accordingly, the Board decided to grant formal approval to the proposal of M/s. Mansarovar Industrial Development Corporation, for setting up of a sector specific Special Economic Zone for IT/ITES at Kaparda, Jodhpur, Rajasthan, over an area of 10 hectares. Item No.43.24: Requests for co-developer BoA sanctioned approvals to the co-developers subject to the condition that particular terms and conditions of lease agreement will not have any bearing on the treatment of the income by way of lease rentals/down payment/premium etc., for the purposes of assessment under the prevalent Income Tax Act and Rules. The Assessing Officer, will have the right to examine the taxability of these amounts under the Income Tax Act. This is applicable for all the cases for co-developers mentioned below:- (i) Request of M/s. Cambridge Builders Private Limited for co-developer in the sector specific SEZ for Electronic Hardware and Software including IT/ITES at Shimoga, Karnataka being developed by Karnataka Stat....
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.... Aerospace Engineering Company Limited for authorized operations in the sector specific SEZ for Aviation sector at Mamidipalli village, Hyderabad, Andhra Pradesh, being developed by M/s. GMR Hyderabad International Airport Limited The BoA perused the proposal and after deliberations, the Board decided to approve the authorized operations, in the processing area, as given in the table:- S.No. Authorized activity Quantum admissible Quantum already approved Quantum Requested Quantum Approved No. of units Area 1. Common material handling equipments integral to the physical hanger infrastructure · Docking systems 7 sets NA 7 sets · Under slung Cranes 2 2 Nos. · Monorail Cranes 5 5 Nos. · Jib Cranes 3 3 Nos. · Other Material Handling Eqpts Various Various 2. Equipments & systems essential to the physical infrastructure · Heating, Ventilation & Air 486 sqm Nil NA 486 sqm. 486 sqm. · Compressed air system 150 sqm Nil 150 sqm. 150 sqm. · Hazardous Materials (HAZMAT) Building/facility 144 sqm Nil 144 sqm. 144 sqm. 3. Common Physical Hangar Infrastructure · Workshop facility 640 sqm....
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....ns:- (a) the developer will seek withdrawal of formal approval of the SEZ from whose area, the additional land is being apportioned; and (b) the developer will establish contiguity by over bridge/underpass over the sector road that passes through the SEZ. (ii) Request of M/s. Aachvis IT SEZ Infra Private Limited a co-developer in the sector specific SEZ IT/ITES at Noida, Uttar Pradesh being developed by M/s. Aachvis Softech Private Limited, for increase in area The Board after deliberations approved the request of the co-developer for increasing the area of its operation by 3.7763 hectares, thereby, making the total area of its operation to 5.2038 hectares by way of consolidation of the existing co-developers areas. The approval is subject to the condition that the co-developer shall have to develop the same infrastructure facilities, on the increased area, for which it has been approved as a co-developer and also ensuring that the legal agreements of other co-developers whose lands are being consolidated, are also properly dealt with legally. Item No. 43.30: Request of M/s. Mahindra World City (Jaipur) Limited for broad banding of the sector of the SEZ for "Handicraft" by inc....
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....fter deliberations, the Board decided to grant second extension of validity of formal approvals in respect of each of the following 8 (Eight) cases for a period one year beyond the expiry of the validity period. The Board also noted that in respect of SEZs in Goa while extensions are being approved, the SEZs are all subject to the outcome of the cases pending in Mumbai High Court. (i) Request of M/s. Calica Construction & Impex Private Limited for second extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Ahmedabad, Gujarat, beyond 5th November 2010 (ii) Request of M/s. Platinum Holdings Private Limited for second extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Hardware and Software at Navallur village, Chengulpet Taluk and Semmencherry village, Tambaram Taluk, Kancheepuram District, Tamil Nadu, beyond 5th November 2010 (iii) Request of M/s. Balaji Infra Projects Limited for second extension of the validity period of formal approval, granted for setting up of a port based multi-product SEZ inclusive of FTWZ, at Dighi Port, District Raigad, Maharashtra, beyond 22nd....
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....h Solutions Private Limited (e) M/s. Urban Communication Infrastructure Private Limited (f) M/s. Urban Energy Distribution Private Limited & (g) M/s. Urban Energy Transmission Private Limited The Board after deliberations extended the validity of the above 07 co-developers further for a period of one year from the date of expiry of their validity (i.e. w.e.f. 13th December, 2010). Item No. 43.36: Request of M/s. Aurobindo Pharma Limited, for import of API namely Alprazolam, restricted product in ITC (HSN) No. 2933. 9100, for manufacturing Alprazolam tablets The request was withdrawn by the unit. Item No. 43.37: Request of M/s. Hansen Drives Limited for grant of approval for undertaking repair/reconditioning etc. of defective gear box units manufactured by third party (Indian and overseas) manufacturers After due deliberations, BOA deferred consideration of the proposal and suggested that the unit must provide more information for a better appreciation of the issue which can include the likely quantum of gear boxes from various sources which will be repaired/serviced, the methodology of payment for the services and the issue relating to payment of duty in respect of gea....
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....nciple approval for becoming co-developer in the SEZ for sourcing and distribution of electricity in SEEPZ-SEZ at economical rate The Board noted/ratified the decision. DECISION ON ADDENDUM TO THE SUPPLEMENTARY AGENDA Item No.43.43: Requests for co-developer (i) Request of M/s. 3 K Technologies Limited for co-developer in the sector specific SEZ for IT/ITES at Madhurawada, Hill No. 3, Visakhapatnam, Andhra Pradesh, being developed by Andhra Pradesh Industrial Infrastructure Corporation Limited After deliberations, the Board decided to grant approval to the request of M/s. 3 K Technologies Limited for co-developer for development of complete IT infrastructure over an area of 4 hectares in the above mentioned SEZ. ***** Annexure - 1 List of Participants for the Meeting of the Board of Approval for Special Economic Zones held on 18th November, 2010 under the Chairmanship of Commerce Secretary, Department of Commerce 1. Shri Rahul Khullar, Chairman BOA & Secretary, Department of Commerce. 2. Smt. Praveen Mahajan, Director General (DG), Department of Revenue, Ministry of Finance 3. Shri Raman Chopra, Director (ITA), CBDT, Department of Revenue, Ministry of Finance 4. Shri....