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Minutes 72nd meeting of the of the Board of Approval for SEZs held on 12th August 2016 to consider proposals for setting up Special Economic Zones and other miscellaneous proposals

SEZ - Minutes of the 72nd meeting of the SEZ - Dated:- 12-8-2016 - The Seventy Second (72nd) meeting of the Board of Approval (BoA) for Special Economic Zones (SEZs) was held on 12th August, 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-I). Item No. 72.1: Requests for extension of validity of f .....

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iod of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Eramam Village, Kannur District, Kerala, beyond 18th September 2016 The Board, after deliberations, extended the validity of the formal approval up to 18th September, 2017. Item No. 72.2 : Requests for extension of LoP beyond 3rd Year onwards (i) Request of M/s. JBF Petrochemicals Limited, a unit in Mangalore (Multi Product) SEZ at Mangalore, Bangalore for extension of LoP beyond 15th September, 2016 The Board, .....

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ity of the LoP for the next block of 5 years subject to the condition that no DTA procurement shall be permitted till export of lentils/pulses is prohibited under FTP. (iv) Request of M/s. Biomedical Lifesciences Pvt. Ltd., a unit in Zydus Pharma SEZ at Village Matoda, Sanand, Ahmedabad, Gujrat for extension of LoP beyond 23.06.2016 The Board, after deliberations, extended the validity of the LoP for one year i.e. up to 23rd June, 2017. Item No. 72.3 : Requests for co-developer (i) Request of M/ .....

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onstruction of buildings and related infrastructure for IT/ITES units, Development space for IT/ITES unit and all default authorized operation, over an area of 13200 sqm 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. Brigade (Gujarat) Projects Pvt. Ltd. for co-developer in the sector specif .....

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that the lease period is reduced to a period not exceeding 30 years (Renewable). Item No. 72.4 : Proposals for setting up of SEZs (i) Request of M/s. Infosys Limited for setting up of a sector specific SEZ for IT/ITES at Action Area-IIIG, New Town, Kolkata Po-Ko1kata Leather Complex, District South 24, Praganas, over an area of 20.148. After deliberations, the Board rejected the proposal due to lack of recommendation from the State Government. (ii) Request of M/s. Devbhumi Realtors Private Limit .....

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specific SEZ for IT/ITES at Ameenpur Village, Patancheru Mandal, Medak District, Telangana, over an area of 5.67 hectares. The Board approved the proposal for formal approval for setting up of a sector specific Special Economic Zone for IT/ITES at Ameenpur Village, Patancheru Mandal, Medak District, Telangana, over an area of 5.67 hectares. (iv) Request of M/s. Phoenix Embassy Tech Zone Private Limited for setting up of a sector specific SEZ for IT/ITES at Nanakramguda Village, Serilingampally .....

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for formal approval for setting up of a Multi Product Special Economic Zone at Tehsil Sausar, Distt. Chhindwara, Madhya Pradesh, over an area of 1320.065 hectares. Item No. 72.5 : Miscellaneous Cases (i) Request of M/s. Click Apps Co. Pvt. Ltd., a unit in M/s. Quarkcity India Pvt. Ltd. at Mohali, Punjab for change of Directors and shareholding of the company. After deliberations, the Board approved the proposal for change of Directors and shareholding of the company subject to following conditi .....

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n 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 applicant shal .....

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India Private Limited and shareholding of the company 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 unit, including security clearances etc., by the altered unit entity and its constituents; (iii) Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity .....

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ction 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 unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT. (iii) Request of M/s. United Health Group Information Services Pvt. Ltd., a unit in M/s. Oxygen Business Park Pvt. Ltd. at Plot No. 7, Sector-144, Noida, Uttar Pradesh for change of shareholding. After deliberati .....

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late 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, amalgamation, transfer and ownerships etc. as may .....

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r conversion of entity from Pvt. Ltd. to Limited Liability Partnership (LLP) After deliberations, the Board approved the proposal for conversion of entity from Pvt. Ltd. to Limited Liability Partnership (LLP), subject to the 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-developer, including security clearances etc., by the alter .....

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sess 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 co-developer shall furnish details of PAN and jurisdictional assessing officer of the co-developer to CBDT. (v) Request .....

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Pvt. Limited to M/s. Amneal Oncology Pvt. Ltd. and shareholding of the company 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 unit, including security clearances etc., by the altered unit entity and its constituents; (iii) Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules which regulate issues l .....

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e 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 unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT. (vii) Request of M/s. Dell International Services India Private Limited, a unit in the sector specific SEZ for IT/ITES at Plot No. 7, Sector- 144, Noida being developed by M/s. Oxygen Bu .....

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. (viii) Proposal of M/s. Bagmane Developers Private Limited developer in the sector specific SEZ for IT/ATES at Mahadevapura, Bangalore, Karnataka for approval of authorized operation in the non-processing area of the SEZ After deliberations, the Board deferred the proposal for consultation with the State Government. (ix) Request of M/s. Texool Spinners, a unit in KASEZ (permission of inclusion of manufacture of Sacks & Bags from Old & used clothing) (item no. 97.2.4) against the order .....

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ecom Private Limited (VTPL), developer Vikas Telecom SEZ at Embassy Tech Village, Bangalore against order dated 30.05.2016 passed by UAC, CSEZ. The proposal was placed before the 72nd BoA meeting held on 12th August, 2016. However, the Board deferred the appeal since the matter requires inter ministerial consultation with regard to power guidelines. (iii) Appeal of M/s. Manyata Promoters Private Limited (MPPL) developer of Manyata Embassy Business Park SEZ at Nagavara, Bangalore against order da .....

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le. (v) Appeal of M/s. Texool Spinners, a unit in KASEZ (item no. 97.2.3) (against the order dated 06.06.2016 passed by UAC, KASEZ. After deliberations, the Board rejected the appeal with observation that the activity proposed by the Appellant falls under the restriction imposed by Rule 18(4) (c) of the SEZ Rules, 2006. Decision on Supplementary Agenda Item No. 72.7: Requests for extension of validity of formal approvals (i) Request of Telangana State Industrial Infrastructure Corporation Ltd. ( .....

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r) Limited at village Kalwara, Tehsil Sanganer, District Jaipur, Rajasthan SEZ for revalidation of LoP beyond 12.04.2013 The Board, after deliberations, condoned the delay and extended the validity of the LoP for the intervening period from 13.04.2013 to 2.04.2014 (date of first shipping bill). Item No. 72.9 : Miscellaneous Cases (i) Request of M/s. Clarice Technologies India Pvt. Ltd., a unit in M/s. Neopro Technologies Pvt. Ltd. at Plot No. 2, Blue Ridge Township, Behind Cognizant, Near Rajiv .....

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nit, including security clearances etc., by the altered unit 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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he unit to CBDT. (ii) Request of M/s. Adani Food and Agro-processing Park Pvt. Ltd.(AFAPL) i.e. co-developer of multi product SEZ, Adani Ports and SEZ, over an area of 1856.5335 hectares to set up a pulses processing unit in Mega Food Park in SEZ After deliberations, the Board rejected the proposal with observation that procuring pulses from DTA by SEZ amounts to export as per Section 2(m)(ii) of SEZ Act, 2005 and ITC (HS), 2012, schedule 2 - Export Policy, the items having ITS(HS) code as 07131 .....

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er deliberations, the Board approved the proposal for change of entrepreneurship from Aachvis IT SEZ Infra Private Limited ("Amalgamating company 1'/co-developer) and Standard IT Web Solutions Private Limited ('Amalgamating company 2'/co-developer) to Oxygen Business Park Private Limited ('Amalgamated company'/Developer pursuant to the Scheme of Amalgamation approved by Hon'ble High Court of Allahabad vide order dated May 16, 2016, subject to following conditions:- ( .....

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ating 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, amalgamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961. (vi) T .....

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ions, the Board approved the request for change-in-sector specific nature of the SEZ from Apparel to Textiles & Articles of Textiles. Item No. 72.10 : Cancellation of Formal Approvals The Board examined the following 4 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 1. M/s. Muttha Realty Pvt. Ltd. IT /ITES Sector 6.11.2006 SEEPZ 2. M/s. Broadway Integrat .....

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Service Tax Exemptions, if any, under SEZ Act/Rules, or has refunded any such benefits availed by it. Annexure - I List of Participants for the Meeting of the Board of Approval for Special Economic Zones held on 12th August, 2016 under the Chairpersonship of Commerce Secretary, Department of Commerce 1. Ms. Rita Teaotia, Chairpersonship, BoA & Commerce Secretary, Department of Commerce 2. Shri Alok Vardhan Chaturvedi, Additional Secretary, Department of Commerce 3. Shri Vinay Chhabra, DG, D .....

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