TMI BlogMinutes of the 64th meeting of the Board of Approval for SEZ held on 20th February 2015 to consider proposals for setting up Special Economic Zones and other miscellaneous proposalsX X X X Extracts X X X X X X X X Extracts X X X X ..... d as a matter of routine unless some progress has been made on ground by the developers. The Board, therefore, after deliberations, extended the validity of the formal approval to the requests for extensions beyond fifth years for a period of one year and those beyond sixth year for a period of 6 months from the date of expiry of last extension . (i) Request of M/s. Uralungal Labour Contract Co Operative Society Limited (ULCCS Ltd.) for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Nellikode Village, Kozhikode, Kerala, beyond 31st December 2014 The Board after deliberations extended the validity of the formal approval up to 30th June, 2015. (ii) Request of M/s. Smart City (Kochi) Infrastructure Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Block 9, Kakkanad Village, Kanayannor Taluk, Ernakulam District, Kerala, beyond 20th April, 2015 The Board after deliberations extended the validity of the formal approval up to 20th April, 2016. (iii) Request of M/s. Saraf Agencies Private Ltd. for extension of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y equipment at Plot No. C-22, MIDC, Five Star Industrial Area, Shendre District, Aurangabad, Maharashtra, beyond 8 th May, 2014 The Board noted that the developer has not made any progress since the case was rejected by the BoA in its meeting held on 26th July, 2014. DC SEEPZ has also informed that no progress since July, 2015 has been made by the developer. Accordingly, the Board, after deliberations, decided to reject the proposal for further extension. Item No. 64.2 : Requests for extension of LoP beyond 3rd Year onwards (i) Request of M/s. Torrent Pharmaceuticals Ltd. (TPL), a unit in M/s. Dahej SEZ Limited, Gujarat for extension of LoP beyond 2nd December, 2014 The Board after deliberations extended the validity of the LoP up to 2nd December, 2015. (ii) Request of M/s. Benzo Chem Industries Pvt. Ltd. (Benzo), a unit in M/s. Dahej SEZ Limited, Gujarat for extension of LoP beyond 7th September, 2014 The Board after deliberations extended the validity of the LoP up to 7th September, 2015. (iii) Request of M/s. Galaxy Surfactants Ltd. (GSL), a unit in M/s. Dahej SEZ Limited, Gujarat for extension of LoP beyond 6th March, 2014 The Board after delib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... echnologies Ltd., a unit in Zydus Pharma SEZ at Ahmedabad, Gujarat for extension of validity period of its LoP beyond 28th June 2015 The Board after deliberations extended the validity of the LoP up to 28th June, 2016. (xiii) Request of M/s. Container Corporation of India Ltd., a unit in SIPCOT Hi-Tech SEZ at Sriperumbudur Taluk, Kancheepuram District, Tamil Nadu for extension of validity period of its LoP beyond 29th November, 2014 The Board after deliberations extended the validity of the LoP up to 29th November, 2015 (xiv) Request of M/s. vTitan Corporation Pvt. Ltd., a unit in DLF IT/ITES at Ramapuram, Chennai for extension of validity period of its LoP beyond 6th October 2014 The Board after deliberations extended the validity of the LoP up to 6th October, 2015. (xv) Request of M/s. Tech Mahindra Ltd. (Unit-IV), a unit in NSEZ for extension of LoP beyond 22nd September 2014 The Board after deliberations extended the validity of the LoP up to 22nd September, 2015. (xvi) Request of M/s. Samurai Designs Interiors, a unit in the sector specific SEZ for Handicraft being developed by M/s. Mahindra World City (Jaipur) Ltd. at village Kalwara, Tehsil ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s 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 of the BoA on the proposals are as under:- (i) Request of M/s. Media Systems India Soft Solutions Private Limited for codeveloper in the sector specific SEZ for IT/ITES at Puthencruz and Kunnathunade village, Taluk Kunnathaunadu, Ernakulam District, Kerala, being developed by M/s. Infopark (Phase II) After deliberations, the Board approved the proposal of M/s. Media Systems India Soft Solutions Private Limited for providing infrastructure facilities and development of IT sector industry, over an area of 0.40 hectares, in accordance with the co-developer agreement entered into with the developer subject to standard terms and conditions as per SEZ Act and Rules . (ii) Request of M/s. MATT Projects Pvt. Ltd. for co-deve ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as per SEZ Act and Rules . (v) Request of M/s. Speridian Technologies Private Limited for co-developer in the sector specific SEZ for IT/ITES at Attipra Village, Thiruvananthapuram, Kerala, being developed by M/s. Electronics Technology Parks - Kerala (Technopark) After deliberations, the Board approved the proposal of M/s. Speridian Technologies Private Limited for providing infrastructure facilities and development of IT sector industry (built up space and common facilities), over an area of 2 acres, in accordance with the codeveloper agreement entered into with the developer subject to standard terms and conditions as per SEZ Act and Rules . (vi) Request of M/s. OPG Power Infrastructure Pvt. Ltd. for co-developer in Kandla Special Economic Zone After deliberations, the Board approved the proposal of M/s. OPG Power Infrastructure Pvt. Ltd. for supply distribution of power in Kandla Special Economic Zone, in accordance with the co-developer agreement entered into with the developer subject to standard terms and conditions as per SEZ Act and Rules . (vii) Request of M/s. Volupia Developers Pvt. Ltd. for co-developer in Multi Services SEZ at Ratan ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aka for change of ownership After deliberations, the Board approved the request of the developer for change of ownership of the company, 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 Assessing Officer shall have the right to examine and assess the taxability 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 develop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to DTA:- (i) Naptha Pipeline from GCPTCL, Dahej (DTA) to Opal Complex in Dahej SEZ (ii) LPG Pipeline from GCPTCL, Dahej (DTA) to Opal Complex in Dahej SEZ and (iii) Effluent Pipeline from Opal Complex, Dahej SEZ to GIDC Common Effluent Disposal Facility in DTA. The approval is subject to the condition that the unit will not avail any duty benefits on laying of the said pipelines. The DC, Dahej SEZ would ensure proper accountal of quantum of goods supplied to and received from DTA. (v) Proposal of M/s. Estancia IT Park Pvt. Ltd. developer in the sector specific SEZ for IT/ITES at Vallancherry village, Guduvanchery, Chengalpattu Taluk, Kancheepuram District, Tamil Nadu for approval of authorized operation in the nonprocessing area of the SEZ After deliberations, the Board approved the proposal of the developer for the following authorized operation in the non-processing area of the SEZ subject to the condition that the authorized operation shall be available for use of the SEZ only. S.No. Authorized Operations Area per unit (in sqm.) as per FSI / FAR norms as applicable Total area (in sqm.) / ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... approved the request of the co-developer for transfer of equity shares 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 ownership etc. shall be furnished immediately to Member (IT), CBDT, Department of Revenue and to the jurisdictional Authority. (v) The Assessing Officer shall have the right to examine and assess the taxability 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- ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... commissioning of 320 KLD capacity effluent treatment plant, etc. and the developer has made an investment of ₹ 11.42 crores. The Board after deliberations, decided to extend the validity period of formal approval of M/s GIDC upto 22.05.2016. In respect of remaining 56 cases, the Board noted that the progress made by the developers is not satisfactory. The Board, after deliberations, decided to cancel the formal approval/notification, as the case may be, in the following 56 cases. The approval is subject to the DC furnishing a certificate in the prescribed format certifying that the developer has not availed any tax/duty benefits including Service Tax Exemptions, if any, under SEZ Act / Rules , or has refunded any such benefits availed by it:- Sr. No. Name of the Developer/co-developer Sector Date of formal approval Zone 1 M/s. Zoom Developers Pvt. Ltd. (Indore, Madhya Pradesh) Multi Services 26.07.2007 ISEZ 2 M/ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... IT/ITES 20.08.2008 NSEZ 14 M/s. Bentex Towers Pvt. Ltd. (Gurgaon, Haryana) Multi services 16.11.2006 NSEZ 15 M/s. CBS International Projects Pvt. Limited (Noida, Uttar Pradesh) IT/ITES 10.09.2008 NSEZ 16 M/s. Delhi Metro Rail Corporation (New Delhi) IT/ITES 27.06.2006 NSEZ 17 M/s. DLF Commercial Developers Ltd. (Noida, Uttar Pradesh) IT/ITES 03.07.2008 NSEZ 18 M/s. Global Health Private Limited (Gurgoan, Haryana) Biotechnology and associated R D activities 06.11.2006 NSEZ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... M/s. Deccan Infrastructure and Land Holdings Ltd. (Akuthotapally, Amangal, Mahboobnagar) Textile, Apparel, Garments, 25.06.2008 VSEZ 31 M/s. Deccan Infrastructure and Land Holdings Ltd. (Mudhvin, Mahboobnagar) (Agriculture, Livestock and Fashion Acc. Engineering related) 25.06.2008 VSEZ 32 M/s. Deccan Infrastructure and Land Holdings Ltd. (Dasarlapally, Mulugu Mandal, Medak Distt.) Biotech 25.06.2008 VSEZ 33 M/s. Deccan Infrastructure and Land Holdings Ltd. (Mamidipally, Shamshabad, R.R. Dist) FTWZ 25.06.2008 VSEZ 34 M/s. Deccan Infrastructure and Land Holdings Ltd. (Amangal, Mahboobnagar) FTWZ 25.06.2008 VSEZ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 25.06.2007 VSEZ 46 M/s. JSW Aluminum Limited (Vizianagaram District, Andhra Pradesh) Aluminum sector 27.02.2009 VSEZ 47 M/s. Whitecity Projects International Pvt. Ltd. (Guntur Dist, A.P) IT/ITES 22.06.2007 VSEZ 48 M/s Real Griha Nirman Pvt. Ltd. (Hindupur, Ananthapur District, Andhra Pradesh) Biotech 18.06.2009 VSEZ 49 M/s. Shirpur Gold Refinery Ltd. (Dhulia, Maharashtra) Gems Jewellery 21.06.2007 SEEPZ 50 M/s. Cavalcade Properties Pvt. Ltd. (Pune, Maharashtra) IT/ITES 27.02.2009 SEEPZ 51 M/s. Rameshwar Vaibhav Developmen ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2014 of the DC NSEZ The Board noted that the unit has requested to withdraw the appeal. Accordingly, the Board allowed the appeal to be withdrawn. (iv) Appeal of M/s. Sterling Flatware Ltd., a unit in NSEZ against order dated 19.11.2014 of the DC NSEZ The Board heard the appellant and noted that the unit had applied to transfer the civil structure constructed at Plot No. 9 in NSEZ on 30.10.2012 and the LoP dated 08.01.1990 of the unit was cancelled on 01.04.2013, whereas the Rule 74A was introduced w.e.f. 12.08.2013. After deliberations, the Board decided to remand the case to DC NSEZ to pass a speaking order after examining all relevant facts of the case and the applicable Rule position. (v) Appeal of M/s. TransGenez Infotech, a unit in MIDC at Hinjewadi, Pune, Maharashtra against order dated 16.09.2014 of the UAC The Board heard the appellant and after examining the matter decided to extend the validity of the LoP of the unit by one year i.e. upto 28.10.2015. Decision on Supplementary Agenda Item No. 64.9: Requests for extension of LoP beyond 3rd Year onwards (i) Request of M/s. Sesa Sterlite Ltd., a unit in Vedanta Aluminum Limited SEZ at ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... EEPZ SEZ sought approval of the Board to withdraw the proposal. The proposal was accordingly withdrawn. Item No. 64.11: Proposals for setting up of SEZs (i) Proposal of M/s. Adani Ports and Special Economic Zone Ltd. (APSEZL), for setting up of Multi Product SEZ at Mundra Taluka, District Kutch, Gujarat, over an area of 1856.5335 hectares The Board noted that the Developer is in possession of the land. The Government of Gujarat had recommended the proposal vide their letter dated 23.08.2013. Ministry of Home Affairs has also granted security clearance to the proposal on 22nd July, 2014. The Board further noted that DGEP, D/o Revenue has made the following observation vide their letter dated 03.12.2014 and 06.02.2015:- (i) DoC has not yet issued any order indicating that delineation of the built up area in the port in terms of directions dated 24.10.2008 of EGoM has been completed. (ii) Independent access to the proposed SEZ is yet to be established. Developer has to complete it before the land parcels can be formally approved as SEZ. The Board was apprised that the DoC has issued the delineation order on 17.02.2015. Regarding independent access, the Board w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ii) Before laying the water supply line, a trial pit is to be made for exact location of existing underground services within SEZ area. M/s. RIL has to take care of existing services in SEZ area. M/s. RIL has to contact concerned authority for necessary guidance / information / approval. If any damage occurred during execution of work then same shall be attend by M/s RIL immediately and cost for the same shall be borne by M/s. RIL. The damage area shall be resorted as per methodology suggested by concerned authority / DSL. (iii) The exact route of laying water supply pipeline in SEZ area will be shown by DSL at the time of execution by M/s RIL after completion of trial pits. During execution, if for any reason, route of water supply pipeline required to be changed, the alignment of water supply pipeline will have to be modified accordingly. (iv) M/s RIL has to cross the existing / proposed services as per the methodology suggested by concerned authority to lay the water supply line in SEZ area and cost for the same shall be borne by M/s. RIL. (v) M/s. RIL has to keep safe guard distance from existing/proposed services as per the safety standards/norms of the concern author ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erger, 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 Assessing Officer shall have the right to examine and assess the taxability 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. 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 20th February, 2015 under the Chairmanship of Commerce Secretary, Department of Commerce 1. Shri Rajeev Kher, Chairman, BoA Commerce Secretary, Department of Commerce 2. Shri Ram Tirath, DGEP, Department of Revenue, Ministry of Finance 3. Shri Pravir Kumar, DGFT, Directorate General of Foreign Trade 4. Dr. L. B. Singhal, Additional DGFT, Dte. General of Foreign Trade 5. Shri Ravinder, Director, Depa ..... X X X X Extracts X X X X X X X X Extracts X X X X
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