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Minutes of the 66th meeting of the Board of Approval for SEZs held on 27th August 2015 to consider proposals for setting up Special Economic Zones and other miscellaneous proposals
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.... period of formal approval, granted for setting up of sector specific SEZ for IT/ITES/BPO/Electronic Hardware at "Brooke fields", Village Kundalahalli, Hobli Krishnarajapuram, Taluk Bangalore South, Karnataka, beyond 31st March 2015 The Board after deliberations extended the validity of the formal approval up to 31st March, 2016. (iii) Request of M/s. Adityapur Industrial Area Development Authority for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Automobiles/Auto Components at Adityapur, Jamshedpur, beyond 13th June, 2015 The Board noted that DC, FSEZ had not recommended the proposal for further extension and after deliberations rejected the request of the developer to extend the validity of the formal approval. (iv) Request of M/s. Gopalpur Special Economic Zone Ltd. for further extension of validity period of its formal approval for setting up a multi product SEZ at Gopalpur, District Ganjam, Odisha beyond 17th December, 2014 and change of name of the developer to Tata Steel Special Economic Zone Ltd. The Board after deliberations extended the validity of the formal approval up to 17th December, 2015 and the d....
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....dity of the formal approval up to 7th May, 2016. (xii) Request of M/s. Navi Mumbai SEZ Private Limited for extension of the validity period of formal approval, granted for setting up of multi product SEZ at Dronagiri, Navi Mumbai, Maharashtra, beyond 29th July 2015. The Board after deliberations extended the validity of the formal approval up to 29th January, 2016 with the condition that the Developer shall submit a clear-cut development plan and action plan of the SEZ and approval of the State Government of Maharashtra within that time-frame. DC, Navi Mumbai SEZ was directed to verify the expenditure claimed by the developer to have incurred for the development of this SEZ alongwith progress made so far on ground. (xiii) Request of M/s. Navi Mumbai SEZ Private Limited for extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES-A at Kalamboli, Navi Mumbai, Maharashtra, beyond 25th July 2015 The Board after deliberations extended the validity of the formal approval up to 25th January, 2016 with the condition that the Developer shall submit a clear-cut development plan and action plan of the SEZ and approval of the State Gov....
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.... the requisite documents for notification of the SEZ over an area of 573.806 ha. Item No. 66.3 : Requests for extension of LoP beyond 3rd Year onwards (i) Request of M/s. BEML Limited, a unit in KIADB SEZ, Bangalore for extension of LoP beyond 5th January, 2015 The Board after deliberations extended the validity of the LoP up to 5th January, 2016. (ii) Request of M/s. Western Ghat Agricultural Products Processing Pvt. Ltd (WAPCO), a unit in KINFRA SEZ, (Agro based food processing) at Kakkanchery, Malappurma District, Kerala for extension of LoP beyond 22nd July, 2015 The Board after deliberations extended the validity of the LoP up to 22nd July, 2016. (iii) Request of M/s. Pidilite Industries Limited a unit in Dahej SEZ, Bharuch for extension of LoP beyond 15th August, 2015, The Board after deliberations extended the validity of the LoP up to 15th August, 2016. (iv) Request of M/s. Shree Saibaba Petroleum, a unit in KASEZ for extension of LoP beyond 9th June 2012 The Board after deliberations extended the validity of the LoP up to 31st December, 2015. (v) Request of M/s. Hangers Plus (India) Pvt. Ltd., a unit in Mahindra World City - Apparel and Fashion Accessories SEZ, K....
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....r its policy and requested to permit for continuation of lease period as envisaged in the lease agreement. The Board noted that the Undertakings of Government of Kerala are the developers in Technopark, Infopark, Cyberpark and Kerala State IT Infrastructure Ltd. and after deliberations decided to restore the period of lease , as per the lease agreement signed between the Developer and Co-developer. However, this would be applicable in respect of the SEZ projects located in the State of Kerala only and in all other cases, the lease period will continue to be a period not exceeding 30 years (Renewable). Approval of proposals for Co-developer All approvals for co-developers are subject to the condition that particular terms and conditions of lease agreement/co-developer 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 Income Tax Act and Rules. The Assessing Officer, will have the right to examine the taxability of these amounts under the SEZ Act and Income Tax Act and Rules. This is applicable to all cases of co-developers approved by the BoA in this meeting. The decisions ....
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....accordance with the co-developer agreement entered into with the developer, subject to standard terms and conditions as per SEZ Act and Rules. (v) Request of DC KASEZ for cancellation of co-developer status granted to M/s. Worlds Window Infrastructure & Logistics Pvt. Ltd. of FTWZ in Kandla SEZ. After deliberations, the Board of Approval cancelled the co-developer status of M/s. Worlds Window Infrastructure & Logistics Pvt. Ltd. of FTWZ in Kandla SEZ and directed DC, KASEZ to issue show cause notice to M/s. Worlds Window Infrastructure & Logistics Pvt. Ltd for non-implementation of the project. (vi) Request of M/s. Ashray Logistics India Private Limited for co-developer in the multi product SEZ at Nanguneri, Tirunelveli District, Tamil Nadu, being developed by M/s. AMRL Hitech City Ltd. After deliberations, the Board approved the proposal of M/s. Ashray Logistics India Private Limited for co-developer status for Logistics Park including warehousing facilities and supply chain management, over an area of 9 hectares as per co-developer agreement dated 6th May, 2015, which has later been amended vide first amendment to co-developer agreement dated 26th June, 2015 in which land ar....
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....nfrastructure Development Corporation (IDCO). After deliberations, the Board approved the proposal of M/s. Wipro Limited for co-developer for site development, boundary wall, roads, installation of water supply & sanitation & sewage system, power distribution system, telecom facilities, air conditioning system, warehouse, welfare centre including a first aid centre and crèche & employee business stay facilities, cafeteria, fuel storage, software development of office building and other activity as may be required in processing area, over an area of 26 acres in accordance with the co-developer agreement entered into with the developer, subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period be reduced to a period not exceeding 30 years (Renewable). Item No. 66.5 : Proposals for setting up of SEZs (i) Request of M/s. HCL IT City Lucknow Private Limited for setting up of a sector specific SEZ for IT/ITES at Village Kanjehara & Mastemau, Chack Gajaria Farms, Sultanpur Road, Lucknow, over an area of 40.469 hectares. The Board noted that the Developer is in possession of the land. The Government of Uttar Pradesh had also recommended the....
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....tware including IT/ITES at Nanakramguda village, Gachibowli, Serilingampally Mandal, Ranga Reddy District, Telangana, by M/s. Mantri Developers Private Limited, over an area of 1.0504 hectares. The Board noted that the Developer was in possession of the land. The Government of Telangana had also recommended the proposal for approval vide their letter dated 31.07.2015. Accordingly, the Board approved for conversion of in-principle approval into formal approval to the proposal of M/s. Mantri Developers Private Limited, for setting up of a sector specific Special Economic Zone for Electronic Hardware and Software including IT/ITES at Nanakramguda village, Gachibowli, Serilingampally Mandal, Ranga Reddy District, Telangana, over an area of 1.0504 hectares. (vi) Request of M/s. M/s. Aqua Space Developers Pvt. Ltd. for setting up of a sector specific SEZ for IT/ITES at Raidurg village, Serilingampally Mandal, Ranga Reddy District, Telangana, over an area of 1.85 hectares. The Board noted that the Developer is in possession of the land. The Government of Telangana has also recommended the proposal vide their letter dated 01.08.2015. Accordingly, the Board decided to grant formal approv....
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....licable 1. Enhancement of power project from 40 MW to 48 MW 2 20 acres (iv) Request of M/s. Arshiya International Limited for FTWZ at Pune, Maharashtra for change of name of the developer from Arshiya International Limited to Arshiya Limited and change in shareholding pattern After deliberations, the Board approved the request for change of name of the developer from Arshiya International Limited to Arshiya Limited, and change in shareholding pattern, subject to following conditions:- (i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered developer entity; (ii) Fulfillment of all eligibility criteria applicable to developers, including security clearances etc., by the altered developer entity and its constituents; (iii) Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc. (iv) Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT, Department of Revenue and to the jurisdictional Authority. (v) The....
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....algamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961. (vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable. (vii) The co-developer shall furnish details of PAN and jurisdictional assessing officer of the co-developer to CBDT. (vii) Inclusion of simulators in the approved list of items for Industrial Licence already approved by BoA in its 61st meeting held on 3rd April, 2014 in respect of M/s Syrma Technology Pvt. Ltd., SEZ unit in Chennai. The Board, after deliberations, approved the request of M/s. Syrma Technology Pvt. Ltd, to include simulators in the approved list of items for Industrial Licence subject to standard terms and conditions as prescribed by MoD/MHA. Item No. 66.8 : Cancellation of Formal Approvals The Board examined the 3 cases of the agenda for cancellation of formal approval /notification. The Board noted that the progress made by the developer is not satisfactory. The Board, after deliberations, decided to cancel the formal approval/notification, as the case may be, in the following 3 cases. The....
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....ect to provisions of Rule 74A. Since the appellant company does not satisfy the provisions of Rule 74A, i.e., holding LOA for a period of five years on the date of transfer and to be operational for a minimum period of two years after the commencement of production as on the date of transfer, the BOA concluded that the order dated 23.06.2015 issued by the DC, NSEZ is just and correct. The Board accordingly rejected the appeal. (iv) Appeal of M/s. Soyuz trading company limited against the order passed by the Development Commissioner of Noida Special Economic Zone dated 20th May, 2015. The BOA heard Dy. General Manager of the said M/s. Soyuz Trading Company and after deliberations noted that Management Consultancy Services are covered within the term "Other Services" in Rule 76. With these findings, the BOA remanded the case back to UAC for appropriate decision after examining the business model and other relevant details of the applicant. (v) Appeal of M/s. Pitambra Hardware & Metal Exports Pvt. Ltd. against the order passed by the DC, NSEZ dated 10th April, 2015. The Board heard the arguments made by Shri Sunil Kumar Mangal, the Director of the said Unit. The BOA deliberated ....
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....ing reasons: 1. LOA is not valid as on date. 2. The unit did not hold a valid Letter of Approval for a period of five years. 3. Unit has not been operational for a minimum period of two years after the commencement of production as on the date of transfer The Board, hence, rejected the appeal and directed the appellant to complete the exit formalities and surrender the Plot to NSEZ Authority. (vii) Appeal of M/s. Ess Ess Traders against the order passed by the DC, NSEZ dated 22nd April, 2015. No representative of the Unit appeared for personal hearing. The BOA noted that the LOA of the above Unit had expired on 31st March, 2013. The BOA also noted that the Unit had not made any physical exports since inception and had not been paying lease rentals. After deliberations, the BOA rejected the appeal of the Unit. (viii) Appeal of M/s. Bhartiya Industries against the order passed by the DC, NSEZ dated 16th April, 2015. The Board heard the arguments made by Shri Balbir Singh, Proprietor of the appellant unit. The BOA deliberated on the matter and noted that M/s. Bhartiya Industries has been issued LoA on 12/10/2006 for Manufacturing of (1) Leather Hard Goods, Leather Furniture....
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....nce 2009-10. The LOA has expired on 30.04.2013. During last five years block, unit has made export of ₹ 1.02 Lacs and achieved NFE of ₹ 12000/- only upto 31.3.2012. The unit has not submitted APRs on time. Lease rent of ₹ 18,27,758/- is outstanding against the Unit as on 5th November, 2012. In addition, the unit has not submitted rectified Bond-Cum-Legal-Undertaking and thus non-compliance of terms of LoA/SEZ Act/Rules. After deliberating on the facts mentioned above, the BOA reverted the appeal to DC, NSEZ for verifying the contentions of the appellant from official records and decide the appeal accordingly. (xi) Writ Petitions 2622/2014 filed by M/s. Ellenbarrie Exim Limited v/s Union of India & ors. before Hon'ble High Court at Calcutta Shri Mahendra Patri, Director and Shri R.K. Choudhary, Advocate appeared on behalf of the appellant unit. BoA heard the arguments made by the Director and the Advocate of the appellant Unit. The BOA noted that the LOA of M/s. Ellenbarrie Exim Ltd. was cancelled on 25th February, 2014 by the Development Commissioner, FSEZ based on the decision taken by the UAC on 10th January, 2014 due to the following reason. (i) The firm ....
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....23rd February, 2016. (ii) Request of M/s. State Industries Promotion Corporation of Tamil Nadu Limited (SIPCOT) for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Granite Processing industries at Bargur, Uthangarai and Pochampalli Taluk, Krishnagiri District, Tamil Nadu, beyond 10th March 2015. The Board after deliberations extended the validity of the formal approval up to 10th March, 2016. (iii) Request of M/s. Milestone Buildcon Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Chokkanahalli village, Bangalore, Karnataka, beyond 29th October 2015 The Board after deliberations extended the validity of the formal approval up to 29th October, 2016. Item No. 66.11 : Requests for extension of in-principle approval (i) Proposal of M/s. Avash Logistic Park Private Limited for extension of the validity of in-principle approval for setting up of a FTWZ at villages Mota Layaja, Godhara & Bayath Taluka - Mandvi, District Kutch, Gujarat, beyond 12th May 2015 The Board after deliberations extended the validity of the in-principle approva....
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....e period is reduced to a period not exceeding 30 years (Renewable). (iii) Request of M/s. HBS City Pvt. Ltd. a co-developer in the Pharmaceuticals SEZ at GIDC, Panoli Industrial Estate, Panoli, District Bharuch, Gujarat, being developed by M/s. HBS Pharma SEZ Pvt. Ltd., for additional area. The Board, after deliberations, approved the request of M/s. M/s. HBS City Pvt. Ltd. for addition of an area of 56 acres of non-processing area in the SEZ in the already approved 50 acres of non-processing area for providing infrastructure facilities, construction of residential and commercial buildings, educational institute, health care, bank, etc. thereby increasing the total area of co-developer to 106 acres in accordance with the draft supplementary co-developer agreement entered into with the developer, subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period is reduced to a period not exceeding 30 years (Renewable). (iv) Request of M/s. Geon Aircondition & Refrigeration Manufacturers Pvt. Ltd. for co-developer in the IT/ITES SEZ at Kanayannur Taluk, Ernakulam District, Kerala, being developed by M/s. Infopark SEZ After deliberations, the Board ....
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....hose relating to lease of land, as applicable. (vii) The co-developer shall furnish details of PAN and jurisdictional assessing officer of the co-developer to CBDT. (ii) Request of M/s. Ascendas IT SEZ (Chennai) Pvt. Ltd. a co-developer in the IT/ITES SEZ of Mahindra World City SEZ, Chennai for change of name to M/s. Cyber Pearl Information Technology Park Private Limited After deliberations, the Board approved the request for change of name of the co-developer from M/s. Ascendas IT SEZ (Chennai) Pvt. Ltd. to M/s. Cyber Pearl Information Technology Park Private Limited, subject to following conditions:- (i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered co-developer entity; (ii) Fulfillment of all eligibility criteria applicable to co-developers, including security clearances etc., by the altered co-developer entity and its constituents; (iii) Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc. (iv) Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownersh....
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.... However developer confirms the minimum area i.e. 50 hectares land for sector specific SEZ is contiguous. Hence subject to satisfying the criteria of minimum land requirement of 50 hectares contiguous to be ensured. (iii) Developers should fulfill the provisions of State Government Act and Rules in respect of purchase of Agricultural land for Industrial Purposes. The developer must ensure at the time of formal approval that:- (i) The land should be free from all encumbrances by the developer; and, (ii) The entire area for which sector specific SEZ should be formally approved should be contiguous. The meeting ended with a vote of thanks to the Chair. ……… Annexure - 1 List of Participants for the Meeting of the Board of Approval for Special Economic Zones held on 27th Auguat, 2015 under the Chairmanship of Commerce Secretary, Department of Commerce 1. Ms. Rita Teaotia, Chairman, BoA & Commerce Secretary, Department of Commerce 2. Shri John Joseph, DGEP, Department of Revenue, Ministry of Finance 3. Dr. Tejpal Singh, ADGEP, Department of Revenue, Ministry of Finance 4. Ms. Deepshikha Sharma, Director (ITA-1), CBDT, Department of Revenue, Ministry of Fi....