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Minutes of the 70th meeting of the Board of Approval for SEZs held on 28th April 2016 to consider proposals for setting up Special Economic Zones and other miscellaneous proposals

SEZ - Minutes of the 70th meeting of the SEZ - Dated:- 28-4-2016 - The Seventieth (70th) meeting of the Board of Approval (BoA) for Special Economic Zones (SEZs) was held on 28th April, 2016 under the Chairpersonship of Ms. Rita Teaotia, Secretary, Department of Commerce, at 11.00 A.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. 70.1 Requests for extension of validity of formal .....

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etting up of Biotechnology SEZ at village Rahaka & Nimoth District Gurgaon, Haryana beyond 13th July, 2016 The Board, after deliberations, extended the validity of the formal approval up to 13th July, 2017. (iii) Request for further extension of LoA from M/s. Wipro Limited for setting up of IT/ITESBPO SEZ at Kodathi village, Varthur hobli, Sarjapur Road, Bangalore, Karnataka beyond 26th May 2016 The Board, after deliberations, extended the validity of the formal approval up to 26th May, 2017 .....

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be considered on file with the approval of Commerce Secretary. (v) Request of M/s. Vedanta Limited for extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Manufacture and Export of Aluminium at village Bhurkamunda & Bhagkipalli Tehsil & District Jharsuguda, Odisha beyond 22nd May, 2016. The Board, after deliberations, extended the validity of the formal approval up to 22nd May, 2017. Item No. 70.2: Requests for extension of validity of i .....

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lso directed that this would be the final extension. (ii) Proposal of M/s. Sealand Ports Private Limited for extension of the validity of in-principle approval for setting up of multi product SEZ at Villages Layaja, Ratadiya, Godhra, Bayath & Undoth, Taluka - Mandvi, District-Kutch, Gujarat, beyond 12th May, 2016. The Board, after deliberations, extended the validity of the in-principle approval up to 12th May, 2017 and directed DC KASEZ to ensure that unless all clearances are received, no .....

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that this was the final extension. (ii) M/s. CHL Limited a unit in NSEZ for extension of LoP beyond 18th June, 2009. The Board, after deliberations, extended the validity of the LoP up to 28th April, 2017. (iii) Request of M/s. Soncoya Solutions Pvt. Ltd., a unit in M/s. Mahindra World City (Jaipur) Ltd. for sector specific SEZ for IT/ITES at Village Kalwara, Tehsil Sanganer, District Jaipur, Rajasthan for extension of LoP beyond 1st February 2016. The Board, after deliberations, extended the v .....

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Bharuch, Gujarat for extension of LoP beyond 1St April 2016 The Board, after deliberations, extended the validity of the LoP up to 1st April, 2017. (vi) Request of M/s. Lupin Ltd., a unit in MIHAN SEZ, for extension of Letter of Permission (LoP) beyond 22nd April 2016 The Board, after deliberations, extended the validity of the LoP up to 22nd April, 2017. (vii) Request of M/s. Godrej & Boyce Manufacturing Company Limited, a unit in the multi product SEZ being developed by M/s. Dahej SEZ at .....

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ery, a unit in Sitapura SEZ at Jaipur for extension of LoP beyond 29th January 2016. The Board, after deliberations, extended the validity of the LoP up to 29th January, 2017 and directed that this was the final extension. (x) Request of M/s. Ramdev Chemical Industries, a unit in the multi product SEZ being developed by M/s. Dahej SEZ at Bharuch, Gujarat for extension of Letter of Permission (LOP) beyond 31st March, 2016 The Board, after deliberations, extended the validity of the LoP up to 30th .....

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the BoA (i) Request of M/s. Vedanta Ltd., a unit in Vedanta Aluminium Ltd. SEZ at Jharsuguda, Odisha, for extension of Letter of Permission (LoP) beyond 7th April, 2016 The Board, after deliberations, ratified the extension of validity period granted by DoC up to up to 7th May, 2016 and also extended the validity of LOP up to 7th April, 2017. Item No. 70.5: Requests for co-developer (a) In the 65th BoA meeting it was decided to approve co-developer proposals, subject to standard terms and condi .....

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ng 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 Ac .....

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oper to develop, maintain and operate office building for units to undertake export of services in the processing area of GIFT SEZ Ltd., over an area of 2,60,000 sq.ft. 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 not exceeding 30 years (Renewable). (ii) Request of M/s. Kings Canyon SEZ Private Limited for co-developer in the sector specific SE .....

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g 2.751 acres with built up space of 11,00,466 Sq. Ft. within processing zone of ASF Insignia SEZ Pvt. Ltd. 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 not exceeding 30 years (Renewable) and also subject to verification, by DC, NSEZ, of data furnished in the proposal. (iii) Request of M/s. Grand Canyon SEZ Pvt. Ltd. for co-developer in the sec .....

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measuring 3.739 acres with built up space of 14,20,198 Sq.Ft. within processing zone of ASF Insignia SEZ Pvt. Ltd. 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 not exceeding 30 years (Renewable) and also subject to, verification by DC, NSEZ, of data furnished in the proposal. (iv) Request of M/s. MPSEZ Utilities Private Limited for co-developer .....

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. Volupia Developers Pvt. Ltd. for additional built up area of 50,237 sq. ft., in accordance with the supplemental agreement to co-developer agreement entered into with the developer subject to standard terms and conditions as per SEZ Act and Rules. (vi) Request of M/s. UST Global Technology Services (India) Private Limited for co-developer in the sector specific SEZ for IT/ITES at Puthencruz and Kunnathunade village, Taluk Kunnathaunadu, Ernakulam District, Kerala, being developed by M/s. Infop .....

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: Proposals for setting up of SEZs (i) Request of M/s. Chhindwara Plus Developers Ltd. for multi product SEZ at Tehsil Sausar, Distt. Chhindwara, Madhya Pradesh, over an area of 1320.065 hectares. After deliberation, the Board deferred the proposal as the State Government recommendation has not been received. (ii) Proposal of M/s. Infosys Limited, for setting up of a sector specific SEZ for IT/ITES at Bangalore, Karnataka, over an area of 4.063 hectares. The Board noted that the Developer is in .....

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1, Sector 135, Noida, U.P. for change of name/constitution & shareholding pattern of the company After deliberations, the Board approved the request for change of name of the developer from M/s Seaview Developers Limited to M/s. Seaview Developers Private Limited and change of the shareholding pattern 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) Fulfillmen .....

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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 applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable. (vii) The developer shall fur .....

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olding pattern 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, .....

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nder 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. (iii) Request of M/s Unitech Developers & Projects Ltd., co-developer in sector specific SEZ for IT/ITES being developed by M/s Gurgaon Infospace Ltd. at Dundahera, Gurgaon, Haryana for change of name/cons .....

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ility 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 Reven .....

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td. for inclusion of pharma sector in SEZ After deliberations, the Board approved the request of M/s GMR Hyderabad Aviation SEZ Ltd. for inclusion of pharma as additional sector in the said SEZ. Item No. 70.8: Cancellation of Formal Approvals The Board examined the following 5 cases of cancellation of formal approval /notification and approved cancellation of their formal approvals:- Sr. No. Name of the Developer/co-developer Sector Date of formal approval Zone I. M/s. Abex Infocom (P) Ltd. (Kak .....

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. 70.9 : Appeals before BoA (i) Appeal of M/s. Morgan Tectronics Ltd., a unit in NSEZ against order dated 23rd February, 2016 of the Development Commissioner NSEZ/UAC. The Board heard the appellant who was represented by his advocate Sh. J.M. Sharma and directed him to furnish details of manufacturing and trading activities of the unit and their NFE status separately, consignment wise which he desired to place before the BoA as additional information, within a period of one week. (ii) Appeal of .....

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SNP Infrastructure Private Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Zamin Pallavaram village, Tambaram Taluk, Kanchipuram District, Tamil Nadu, beyond 24th June, 2016. The Board, after deliberations, extended the validity of the formal approval up to 24th June, 2017. (ii) Request for further extension of LoA from M/s Nagaland Industrial Development Corporation Limited, for setting up a sector specific SE .....

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, condoned the delay and extended the validity of the formal approval up to 29th October, 2017. Item No. 70.11 : Requests for extension of LoP beyond 3rd Year onwards (i) Request of M/s. Tatva Chintan Pharma Chem Pvt. Ltd., a unit in the multi product SEZ being developed by M/s. Dahej SEZ at Bharuch, Gujarat for extension of LoP beyond 22nd May 2016. The Board, after deliberations, extended the validity of the LoP up to 22nd May, 2017. Item No. 70.12: Miscellaneous Cases (i) Request of M/s. Unit .....

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ty 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/me .....

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th 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. (ii) Request of M/s. Adhikaar Datapro Systems Pvt. Ltd., a unit in NSEZ for change of Directors and shareholding of the company. After deliberations, the Board approved the request for change of Directors and shareholding of the company subject to following conditions:- (i) Seamless continuity .....

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, 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 applicant shall comply with relevant St .....

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the recommendation of the Government of Tamil Nadu contained in its letter dated 16.03.2016 for allowing co-developer status to M/s Ford Motor Private Limited for 99 years instead of 30 years as M/s Ford Motor Private Limited, had already leased the land for a period of 99 years from ELCOT and had also got the Lease Deed registered for 99 years and therefore, approved the proposal. (iv) Proposal of M/s. Indiabulls Infrastructure Co. Limited, a co-developer in multi product SEZ at Sinner MIDC, Na .....

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vities 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, dem .....

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of PAN and jurisdictional assessing officer of the co-developer to CBDT. (v) Application of M/s Reliance Defence Ltd. for issue of Industrial Licenses for Defence Products. The Board, took note that clearances from all quarters for grant of industrial license for defence products had been received and approved the following proposals subject to the condition that M/s Reliance Defence Ltd. would approach the Development Commissioner concerned for obtaining for all other approvals as per prescrib .....

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pur (SEZ), Akolia, Dha, M.P Manufacture of all types of ammunition and fuses. 500 3. M/s Reliance Land Systems Ltd. GL 8981 Pithampur (SEZ), Akolia, Dhar, M.P. Manufacture of small arma including revolvers, shot gun, light machine gun, pistols 500 4. M/s Reliance SED Ltd. RP 4362 Pithampur (SEZ), Akolia, Dhar, M.P Manufacture of Directed Energy Weapon, laser for target destruction, High Velocity kinetic Energy Weapon system and related equipment, Particle beam system for destruction of target. 4 .....

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or Electronic Counter Measure (ECM) and Electronic Counter Counter Measure (ECCM) 100 8. M/s Reliance Land Systems Ltd. UY 9986 Pithampur (SEZ), Akolia, Dhar, M.P. Manufacture of Explosive devices like Bombs, Mines, Rockets, Propellant/Charge Systems, combustible cases for charges, sub munitions including bomblets, minelets, Terminally guided projectiles and Cargo Projectiles. 500 9. M/s Reliance SED Ltd. YM 1722 Pithampur (SEZ), Akolia, Dhar, M.P. Manufacture of Radar Equipment (Radar, Jammers .....

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cal Systems. Design and Development of C41 Systems. 616 12 13. M/s Reliance SED Ltd. IW 7274 Mihan (SEZ), Nagpur Manufacture of Recorders & Image Processing, image Intensifier, Infrared, Imaging Radar Sensor Equipments. 100 14. M/s Reliance SED Ltd. GJ 0716 Mihan (SEZ), Nagpur Manufacture of Communication systems for Land, Naval and Airborne Platforms. 200 15. M/s Reliance SED Ltd. RS 1900 Mihan (SEZ), Nagpur Design, Development and Manufacture of C41 Systems for Aviation, Naval and Land Sys .....

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approval/notification. The cancellation was 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. Item No. 70.14: Cancellation of In-principle approval The Board, examined the case for cancellation of formal approval /notification. The Board noted that the progress made by the developer M/s. Posco India .....

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ying 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. Item No. 70.15: Appeals before BoA (i) Appeal of M/s. Shahtootwale Industries Ltd., a unit in Noida SEZ against orderof the UAC dated 18th August, 2015. The Board, heard the appellant and took note that the machinery in the unit was almost 25 years old and had been used only for woolen garments. It was also noted that the .....

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f Commerce 2. Shri John Joseph, DGEP, Department of Revenue, Ministry of Finance 3. Dr. Tajpal Singh, Additional Director General, DGEP 4. Shri Jitendra Kumar, Additional Dir, DGEP 5. Ms. Gunjan Vaishney, Under Secretary (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 Krishna Mohan Arya, Assistant Legal Adviser M/o Law & Justice Department of L .....

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