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Minutes of the 69th meeting of the Board of Approval for SEZs held on 23rd February 2016 to consider proposals for setting up Special Economic Zones and other miscellaneous proposals

SEZ - Minutes of the 69th meeting of the SEZ - Dated:- 23-2-2016 - The Sixty ninth (69th) meeting of the Board of Approval (BoA) for Special Economic Zones (SEZs) was held on 23rd February, 2016 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. 69.1: Requests for extension of validity of for .....

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of formal approval, granted for setting up of sector specific SEZ for Biotech and related activities at Kodur and Settipalli villages, Chilamathur Mandal, Anantapur District, Andhra Pradesh, beyond 13th February, 2016 The Board, after deliberations, extended the validity of the formal approval up to 13th February, 2017. (iii) 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 .....

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to 17.12.2016 and process the notification for 500 Ha. of land on file for approval. (iv) Request of M/s Kandla Port Trust, developer of multi product SEZ at Kandla and Tuna, Gujarat for further extension of the validity period of formal approval, beyond 6th May 2016 The Board, after deliberations, extended the validity of the formal approval up to 6th May, 2017. (v) Request of M/s. Saraf Agencies Private Ltd. for extension of the validity period of formal approval, granted for setting up of sec .....

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016 The Board, after deliberations, extended the validity of the formal approval up to 25th January, 2017. Item No. 69.2 : Requests for extension of LoP beyond 3rd Year onwards (i) Request of M/s Kusum Healthcare Pvt. Ltd., a unit in Indore SEZ for extension of validity period of its LoP beyond 28th February 2016 The Board, after deliberations, extended the validity of the LoP up to 28th February, 2017. (ii) Request of M/s. Innovations & Technologies Pvt. Ltd., a unit in MIDC SEZ at Rajiv In .....

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ewable). Subsequently, in the 66th BOA meeting held on 27.8.2015, 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 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 t .....

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of the BoA on the proposals listed in the agenda are as under.- (i) Request of M/s. HCL Technologies Limited for co-developer in the sector specific SEZ for IT/ITES at Madurai Ilandaikulam, Tamil Nadu, being developed by M/s. Electronics Corporation of Tamil Nadu Limited After deliberations, the Board approved the proposal of M/s. HCL Technologies Limited for co-developer to develop operate and maintain IT/ITES to provide for 24 hrs uninterrupted power supply, central air conditioning, over an .....

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up before 66th BOA and after deliberations, the Board had directed to DC, SEEPZ to discuss the matter with the client for understanding the business model of the applicant. After considering the inputs of DC SEEPZ SEZ, the Board rejected the proposal, as the co- developer is working as a contractor and not as a co-developer. Item No. 69.4: Proposals for setting up of SEZs (i) Request of M/s. Cognizant Technologies Services Private Limited for setting up of a sector specific SEZ for IT/ITES at Na .....

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ilingampally Mandal, Ranga Reddy District, Telangana, over an area of 2.5161 hectares. Item No. 69.5 : Miscellaneous cases (i) Request of UP State Industrial Development Corporation Ltd. (UPSIDC) for conversion of existing handicrafts SEZ, Moradabad to (i) Textile.and its broad-banded products (ii) broad banded IT/ITES/Electronic Components & Hardware manufacturing sector specific SEZ and (iii) Handicraft broad-banded with engineering sector SEZ. The Board approved conversion of in-principle .....

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, Gujarat. After deliberations, the Board approved the proposal of M/s. Adani Ports & SEZ Limited for clubbing of APSEZL-I (Multi product) and APSEZL-II (FTWZ) with APSEZLIII (Multi product) subject to contiguity being maintained. The Board also directed DC, APSEZ to carry out fresh demarcation of processing and non-processing area. (iii) Request of M/s. Telangana Industrial Infrastructure Corporation Limited (TSIIC), developer of sector specific SEZ for Biotechnology at Lalgadi Malakpet Vil .....

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25"i May, 2015 of the Development Commissioner FSEZ/UAC The Board heard the appellant and directed them to pay/clear the rental dues latest by 31st March, 2016 and if the exact amount is deposited, LoP can be extended for one year. Decision on Supplementary Agenda Item No. 69.7 : Requests for extension of validity of formal approvals (i) Request of M/s. Mahindra World City (Jaipur) Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specifi .....

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2014 The Board, after deliberations, condoned the delay and extended the validity of the formal approval up to 27th August, 2017 and also directed that the approval would be cancelled in case the project is not implemented by that time. Item No. 69.8 : Requests for extension of LoP beyond 3rd Year onwards (i) Request of M/s. Zydus Technologies Ltd., a unit in Zydus Pharma SEZ at Ahmedabad, Gujarat for extension of validity period of its LoP beyond 28th June 2016 The Board, after deliberations, e .....

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-product SEZ at Mundra, Kutch, Gujarat, being developed by M/s. Adani Ports and Special Economic Zone Ltd. for additional authorized operations (ii) 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. along with specific authorized operations (iii) Request of M/s. Adani CMA Mundra Terminal Pvt. Ltd. for co-developer in the multi-product SEZ at Mundra, Kutch, Guja .....

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t;infrastructure" means facilities needed for development, operation and maintenance of a Special Economic Zone. (iii) The Department of Revenue has informed that in case of APSEZ, the SEZ bound cargo was only 5.74% of the total cargo handled by the Port in the existing two container terminals (CT-2 and CT-3) in 2014-15. The corresponding figure for April - November, 2015 is 6.06%. The installed capacity of the container jetties is 2.1 million TEUs. In respect of LPG terminal also the Devel .....

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ed 8th December, 2004, this letter categorically records that "On a query, the representative of Mundra SEZ clarified that the proposal is for providing infrastructure facilities including for seed crushing units, floor milling industry, steel processing units, integrated coach factory, auto exports etc." This conclusively establishes that when the authorised activities, namely, enhancing Port facilities, container terminals enhancement etc. were approved by the BoA in 2004, BoA had ta .....

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sity established for creating any additional facilities in the SEZ. (v) Since this is an economic proposal involving huge investment, the Department of Commerce also decided to seek opinion of the Solicitor General of India. The Solicitor General of India, in his opinion dated 17th February, 2016, has also categorically clarified as under: "Thus, the question of duty benefits on CAPEX as well as O&M or either one of them does not arise as the purport of the SEZ Act is to provide duty be .....

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ible. (iii) In the event the Developer wants to develop these facilities without taking any duty free benefits and without taking income-tax benefits, as admissible under the SEZ Act, it shall be free to do so. (iv) Request of M/s. Wockhardt Ltd. a co-developer in the sector specific SEZ for Pharmaceuticals at Shendre, Aurangabad District, Maharashtra, being developed by M/s. Wockhardt Infrastructure Development Ltd. for expansion of scope of existing activity After deliberations, the Board appr .....

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tion plant and chimney (iii) Clean steam generation and supply system Chilled water generation and pumping system (iv) Cooling water generation and pumping system (v) Water for Injection (WFI) generation and pumping system (vi) Dernineralized water generation and pumping system (vii) Purified water generation and pumping system (viii) Compressed Air system 2. Heating ventilation & Air conditioning system. Item No. 69.10: Proposals for setting up of SEZs (i) Request of M/s. Saltire Developers .....

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nomic Zone for IT/ITES at Outer Ring Road, Rachanahalli Village, Nagavara, Bangalore, Karnataka, over an area of 4.05 hectares. (ii) Request of M/s. Amin Properties LLP for setting up of a sector specific SEZ for IT/ITES at Pujanahalli Village, Devanahalli Taluk, Bangalore, Karnataka, over an area of 2.76 hectares. The Board noted that the Developer is in possession of the land. The Government of Karnataka had also recommended the proposal vide their letter dated 22.02.2016. Accordingly, the Boa .....

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e Government of Punjab had also recommended the proposal vide their letter dated 11.07.2014. Accordingly, the Board decided to grant formal approval to the proposal of M/s. Infosys Limited, for setting up of a sector specific Special Economic Zone for IT/ITES at Plot No. 1-3, IT City, Sector 83, Alpha, SAS Nagar, Mohali, over an area of 20.234 hectares. Item No. 69.11 : Miscellaneous Cases (i) Request of M/s. Tech Mahindra Limited (formerly M/s. Satyam Computer Services Limited), a co-developer .....

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s per FSI /FAR norms as applicable Total area (in sqm) 1 Construction of Guest House/Dormitories 160 rooms in ground + 3 floors NA 9289.36 (ii) Request of M/s Gujarat Industrial Development Corporation (GIDC), for allocation of 5.00 mtr wide corridor through SEZ area at Dahej SEZ for laying pipelines carrying treated effluent from 40 MLD CETP of Dahej The Board, after deliberations, approved allocation of 5.00 mtr wide corridor through SEZ area at Dahej SEZ for laying pipelines carrying treated .....

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rial Limited with direction that the developer should establish contiguity in the SEZ by constructing an underpass/over bridge for the Phase-I and Phase-11 within a period of 3 years. In case the contiguity is not established by then, de-notification would be initiated and units of SEZ will be restricted only to Phase-I. (iv) Request of M/s. Gigaplex Estate Pvt. Ltd. the developer of sector specific SEZ for IT/ITES at MIDC - TTC, Airoli Knowledge Park, Navi Mumbai, District Thane, Maharashtra fo .....

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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 assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalg .....

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fter deliberations, in view of the provisions of Rule 18(4) of the SEZ Rules, the Board granted approval for revival and renewal of LoP of M/s. Plastic Processors & Exporters Pvt. Ltd. a unit in NSEZ dealing in business of recycling of plastic in SEZ for a period of five years, beyond 30.11.2013 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 applicab .....

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ement of the approved import quantum of plastic waste and scrap beyond the average annual import quantum of the unit since its commencement of operation shall be granted.; (v) The authorized operations may be restricted to the unit to carry out the business of recycling of plastic. (vi) Proposal of M/s. MMG Impex, a unit in MEPZ to reconsider the proposal for manufacture of additional items of sandalwoods. The BoA, after deliberations, has approved for the manufacturing of sandalwood handicraft .....

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e Joint Secretary (GPM) explained to the Board that representations have been received on the applicability of Rule 74A of SEZ Rules, 2006 in cases where the operational SEZ units continue to operate as such, i.e. on a going concern basis as a result of change of name, court approved mergers/ de-mergers, slump sale, change of constitution from proprietorship to partnership & vice-versa, change of constitution from public limited company to private/ limited liability company & vice-versa, .....

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a going concern in the situations mentioned above. The UACs concerned, may consider such requests under Rule 19(2) of the SEZ Rules, 2006. In so far as Business Transfer Agreement is concerned, it was explained that certain acquisitions happen globally as a result of Business Transfer Agreement which result in transfer of the SEZ unit of the Indian company on a going concern basis to the acquirer. The BOA decided that such cases resulting in change of ownership would be decided on merits by the .....

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01.2016 passed by UAC, NSEZ. (ii) Appeal of M/s. Singhvi Tradelink LLP (formerly M/s. Singhvi Tradelink Private Limited), a unit in KASEZ against order dated 7th January, 2016 passed by UAC The Board heard the Appellant and observed that the activity proposed by the Appellant falls under the restriction imposed by Rule 18(4) of the SEZ Rules, 2006. Hence BOA rejected the appeal. Decision on Table Agenda (i) Request of M/s. Ford Motor Private Limited (FMPL) for co-developer in the sector specific .....

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elopment and product testing center with modem testing facilities, over an area of 28 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 is reduced to a period of 30 years (Renewable). Annexure I List of Participants for the Meeting of the Board of Approval for Special Economic Zones held on 23rd February, 2016 under the Chairpersonship of Commerce Secretary, Departm .....

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i Krishna Mohan Arya, Assistant Legal Adviser M/o Law & Justice Department of Legal Affairs. 8. Shri A.K. Misra, Research Assistant TCPO, Ministry of Urban Development, Vikas Bhawan, I.P. Estate, New Delhi 9. Shri Rajiv Malik, Assistant Resident Commissioner, Govt. of Maharashtra 10. Dr. Rakesh A.R. TCPO M/o UD Govt. of India 11. Shri Subhash Sharma, O.S.D., Govt. of Chhattisgarh 12. Shri Dinesh Pahadia, AGM RIICO Government 13. Ms. B. Uma Maheshwar, Project Manager, TSIIC, Telangana 14. Shr .....

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