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Minutes of the 68th meeting of the Board of Approval for SEZs held on 30th December 2015 to consider proposals for setting up Special Economic Zones and other miscellaneous proposals

SEZ - Minutes of the 68th meeting of the SEZ - Dated:- 30-12-2015 - The Sixty eighth (68th) meeting of the Board of Approval (BoA) for Special Economic Zones (SEZs) was held on 30th December, 2015 under the Chairpersonship of Ms. Rita Teaotia, Secretary, Department of Commerce, at 3.30 P.M. in Room No. 47, Udyog Bhawan, New Delhi to consider the proposals in respect of notified/approved SEZs. The list of participants is Annexed (Annexure-1). Item No. 68.1: Requests for extension of validity of f .....

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al approval, granted for setting up of sector specific SEZ for IT/ITES at village Behrampur, District Gurgaon, Haryana, beyond 13th November 2015. The Board after deliberations extended the validity of the formal approval up to 13th November, 2016. (iii) Request of M/s. Frontier Lifeline Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Biotechnology at Edur Elavur Village, Gummidipoondi Taluk, Thiruvallur District, Tamil .....

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June, 2016. The Board also directed DC, APSEZ to review the progress of the unit regularly. (ii) Request of M/s. Ultra Laboratories Pvt. Ltd., a unit in KIADB (Pharma) SEZ, Hassan for extension of Letter of Permission (LoP) beyond 31st October, 2015. The Board after deliberations extended the validity of the LoP up to 31st October, 2016. (iii) Request of M/s. Sajjan Specialty Ltd., a unit in Dahej SEZ for extension of Letter of Permission (LoP) beyond 08th November, 2015. The Board after delibe .....

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lage, Jedcheria Mandal, Mahaboob Nagar District, Telangana for extension of LoP beyond 13th December 2015. The Board after deliberations extended the validity of the LoP up to 13th December, 2016. (vi) Request of M/s. KSK Surya Photovoltaic Venture Private Limited, a unit in the sector specific SEZ for Semiconductors being developed by M/s. FAB City SPV (India) Private Limited at Raviryala village, Maheswaram Mandal, Ranga Reddy District, Andhra Pradesh, for extension of Letter of Permission (LO .....

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ecided to approve co-developer proposals, 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). Subsequently, in the 66th Meeting held on 27.08.2015, based on a reference received from the Government of Kerala, it was decided that in respect of the SEZ projects located in the State of Kerala the lease period would be as per the lease agreement signed between the Developer and Co-developer and in .....

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xamine 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 listed in the agenda are as under:- (i) Request of M/s. Vee Technologies Private Limited for co-developer in the sector specific SEZ for IT/ITES at Jagirammapalayam, Salem District, Tamil Nadu, being developed by M/s. Electronics Corporation of Tamil Nadu Limited. After deliberations, .....

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nal Pvt. Ltd. (AICTPL) a co-developer in the multi product SEZ at Mundra, Kutch, Gujarat, being developed by M/s. Adani Ports and Special Economic Zone Ltd. for additional authorized operations The Board, after deliberations decided to defer the proposal. (iii) Request of M/s. Adani LPG Terminal Pvt. Ltd. for co-developer status in the multi product SEZ at Mundra, Kutch, Gujarat, being developed by M/s. Adani Port and Special Economic Zone Ltd. alongwith specific authorized operations The Board .....

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DC, APSEZ to check with the developer whether they want to operate as a unit in processing area. The Board also directed that a team comprising the representatives of DoC and DoR will examine the proposals at Item Nos. 68.3 (ii), (iii) and (iv) and come out with clear guidelines on priority so that such proposals can be considered by BoA without any delay. (v) Request of M/s. Nidar Utilities Panvel LLP for co-developer in the sector specific SEZ for services at Village Talegaon, and Panshil, Tal .....

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of the same, decide the matter on file. Item No. 68.4 : Proposals for setting up of SEZs (i) Request of M/s. ValueLabs Infra LLP for setting up of a sector specific SEZ for IT/ITES at Kokapet Village, Rajender Nagar Mandal, Ranga Reddy District, Telangana, over an area of 3.12 hectares. The Board noted that the Developer is in possession of the land. The Government of Telangana had also recommended the proposal vide their letter dated 09.10.2015. Accordingly, the Board decided to grant formal ap .....

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Government of Telangana had also recommended the proposal vide their letter dated 16.10.2015. Accordingly, the Board decided to grant formal approval to the proposal of M/s. GAR Corporation Private Limited, for setting up of a sector specific Special Economic Zone for IT/ITES at Sy. No. 107, Kokapet Village, Rajendranagar Mandal, Telangana, over an area of 2.22 hectares. Item No. 68.5 : Miscellaneous Cases (i) Request of M/s. Adani Warehousing Services Pvt. Ltd., a unit in M/s. Mundra SEZ for gr .....

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and Gulf nations subject to the condition that no import of yellow peas/pulses and red lentils will be allowed into or out of DTA. (ii) Request of M/s. Kakinada SEZ Private Limited developer for two SEZs (KSEZ-I and KSEZ-II) at Kakinada, East Godavari District, Andhra Pradesh for clubbing of KSEZ-I with KSEZ-II After deliberations, the Board approved the proposal of M/s. Kakinada SEZ Private Limited for clubbing of KSEZ-I with KSEZ-II subject to contiguity being maintained. (iii) Request of M/s .....

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waste and scrap generated by other units of SEZ subject to DC monitor the activities of the unit on quarterly basis. (iv) Proposal of M/s. Siddhartha Logistics Company Private Limited, Mumbai for import of restricted item viz, Howitzer Artillery Gun System from Isreal, procurement of Gun carriage from M/s. Bharat Forge Group in India, Pune and assembling, integrating and further supply to Indian Defence Establishment/Ordinance depots under customs duty exemption certificate issued by Ministry of .....

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City Private Limited SEZ, a multi product SEZ for transfer of ownership to M/s. Indospace AS Industrial Park Private Limited and change of name of co-developer to M/s. Indospace AS Industrial Park Private Limited After deliberations, the Board approved the request of the co-developer for transfer of ownership to M/s. Indospace AS Industrial Park Private Limited and change of name of co-developer to M/s. Indospace AS Industrial Park Private Limited, subject to following conditions:- (i) Seamless .....

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ange 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 assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961. (vi) The applican .....

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revival and renewal of LoP of M/s. R.R. Vibrant Polymers Limited (erstwhile known as M/s. Vibrant Polymers Limited a sick unit) a unit in KASEZ dealing in business of recycling of plastic in SEZ for a period of five years, subject to the conditions (i) That they will pay rental arrears till date with interest. (ii) All conditions stipulated as per DoC s policy Guidelines of 17th Sept, 2013 are to be made applicable while granting such approval. (iii) Specifically as per para (x) of the above gui .....

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of the total annual turnover After the 5th Year, the unit will be required to continue to physically export 100% of their annual turnover. Any violation of the above prescribed Minimum Physical Export Obligation at the end of 2nd, 4th and 5th years would lead to imposition of penalty and cancellation of the unit s LOP. (iv) As per Rule 18(4)(b) of the SEZ Rules, no approval for enhancement of the approved import quantum of plastic waste and scrap beyond the average annual import quantum of the u .....

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proposal. (viii) Inclusion of additional items in the approved list of items for Industrial Licence already approved by BoA in its 61st meeting held on 03.04.2014 and 66th Meeting held on 27.08.2015 in respect of M/s Syrma Technology Pvt. Ltd., SEZ unit in Chennai. The Board, after deliberations, approved the inclusion of Thermal Imagers, Electronic Fuzes, Electronic Warning Systems in the approved list of items for Industrial Licence of M/s Syrma Technology Pvt. Ltd., SEZ unit in Chennai subje .....

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100% holding company M/s Empower Research Knowledge Services Pvt. Ltd. on account of business restructuring on the basis of amalgamation on the direction of High Court, subject to following conditions:- (i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity; (ii) Fulfillment of all eligibility criteria applicable to units, including security clearances etc., by the altered unit entity and its constituents; (iii) Applicability of .....

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equity or merger, demerger, amalgamation, 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 developer shall furnish details of PAN and jurisdictional assessing officer of the developer to CBDT. The Board also directed that where there is a court ordered merger/amalgamation of a .....

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of the said unit. Looking at the business plan submitted by the unit holder before the Board, the BOA remanded the case back to DC, NSEZ to consider it in UAC after examining the business plan and other relevant details of the applicant and take appropriate decision. (ii) Appeal of M/s. DLF Utilities Limited, a co-developer in DLF Ltd. at Sector - 30, village Silokhera, Gurgaon Haryana against order of the UAC dated 16th July, 2015. The Board noted that the co-developer has requested for deferme .....

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als (i) Request of M/s. Navi Mumbai SEZ Private Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES-A at Ulwe, Navi Mumbai, Maharashtra, beyond 24th October 2015. The Board after deliberations extended the validity of the formal approval up to 24th October, 2016. (ii) Request of M/s. Navi Mumbai SEZ Private Limited for further extension of the validity period of formal approval, granted for setting up of sector specif .....

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p to 21st November, 2016. Item No. 68.8 : Requests for extension of LoP beyond 3rd Year onwards (i) Request of M/s. Infrasoft Technology Ltd., a unit in M/s. MIDC at Rajiv Gandhi InfoTech Park, Hinjewadi, Phase-III, Pune, Maharashtra for extension of LoP beyond 31st July 2015. The Board after deliberations extended the validity of the LoP up to 31st July, 2016. (ii) Request of M/s. Transgenez Infotech a unit in the IT/ITES SEZ being developed by M/s. Maharashtra Industrial Development Corporatio .....

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its LoP beyond 27th October, 2015 The Board after deliberations extended the validity of the LoP up to 27th October, 2016. Item No. 68.9 : Miscellaneous Cases (i) Proposal of M/s. Indiabulls Industrial Infrastructure Ltd. developer in multi product SEZ at Sinner MIDC, Nasik, Maharashtra for separate entry/exit gate for railway line to M/s. RattanIndia Nasik Power Ltd. in the non-processing area. After deliberations, the Board approved the proposal of the developer for separate entry/exit gate fo .....

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Ranga Reddy District, Telangana for increase in area The Board, after deliberations, approved the request of M/s. TSIIC Limited for addition of an area of 2.105 hectares, increasing the total area of the SEZ to 19.232 hectares, subject to contiguity of the land in the SEZ being maintained. Decision on Table Agenda Item No. 68.10 : Request for extension of validity of formal approvals (i) Request of M/s. Persipina Developers Pvt. Ltd. for further extension of the validity period of formal approva .....

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nt of Commerce 1. Ms. Rita Teaotia, Chairpersonship, BoA & Commerce Secretary, Department of Commerce 2. Shri John Joseph, DGEP, Department of Revenue, Ministry of Finance 3. Shri Jitendra Kumar, Additional Dir, DGEP 4. Shri Darshan Singh , Addl. DGFT, New Delhi 5. Ms. Deepshikha Sharma, Director (ITA-1), CBDT, Department of Revenue, Ministry of Finance 6. Shri K. Biswal, Joint Secretary & Legislative Counsel, M/o of Law & Justice, Legislative Department, Government of India 7. Shri .....

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