TMI BlogMinutes of the 83th meeting of the. Board of Approval for SEZ held on 19 June 2018 to consider setting up of Special Economic Zones and other miscellaneous proposalsX X X X Extracts X X X X X X X X Extracts X X X X ..... at extensions may not be granted 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) (a) Request of M/s. HBS Pharma SEZ Pvt. Ltd., for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Pharmaceuticals at Panoli Industrial Estate, District Bharuch, Gujarat beyond 16/06/2018. The Board, after deliberations, approved extension of the validity of the formal approval up to 16 th June, 2019. (b) M/s. HBS Pharma SEZ Pvt. Ltd., has sought for change in sector of the notified SEZ from 'Pharmaceutical' to Transport-Automobile Engineering goods to allow manufacturing and trading in all types of tires, tubes, flaps, rubberized tracks (reinforced or otherwise), ORings and related accessories thereof such as, Rims, wheels, valves, individually or in sets/assemblies or in subsets/sub-assemblies or in any combina ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... idity of the formal approval up to 15th May, 2019. (vii) Request of M/s. GOCL Corporation Limited (Formerly Gulf Oil Corporation Ltd.) for further extension of the validity period of formal approval, granted for setting up of IT/ITES/BPO/Electronic Hardware SEZ at Kattigenahalli Venkata/a Villages, Yelahanka Hobli, Bangalore, Karnataka beyond 17th June, 2018. The Board, after deliberations, approved extension of the validity of the formal approval up to 17th June, 2019. (viii) Request of M/s DLF Info Park, (Pune) Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Rajiv Gandhi Infotech Park, Phase-II, Hinjewadi, Pune, Maharashtra beyond 26.06.2018. The Board, after deliberations, approved extension of the validity of the formal approval up to 26th June, 2019. Item No. 83.2: Requests for extension of LoP beyond 3rd Year onward (7 proposals) (i) Request of M/s. APPL Industries Limited in Dahej SEZ for extension of Letter of Approval (LOA) up to 13/02/2019. The Board, after deliberations, approved extension of the validity of the LoP up to 13th February, 2019. (ii) Requ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Development of Infrastructure, Operation, Maintenance and Leasing of the developed area of the SEZ, including undertaking the authorized operations as contracted. The Board, after deliberations, approved the proposal of M/s. Winterfell Realty Pvt. Ltd. for Development of Infrastructure, Operation, Maintenance and Leasing of the developed area of the SEZ, including undertaking the authorized operations over an area of 10 acres as contracted 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 does not exceed 30 years (Renewable). (ii) Request of M/s. Midas Projects Pvt. Ltd (MPPL) for co-developer status in M/s. Divyasree NSL Infrastructure Pvt. Ltd. (DNIPL) SEZ for providing infrastructure facilities and other operations The Board, after deliberations, approved the proposal of M/s. Midas Projects Pvt. Ltd. (MPPL) for providing infrastructure facilities and other operations 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... entity; ii) Fulfilment of all eligibility criteria applicable to developer, 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 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 furnish details of PAN and jurisdictional assessing officer of the developer to CBDT. (iii) Request from developer for recommendation for transfer of LoA M/s. Aspen I ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ability 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 furnish details of PAN and jurisdictional assessing officer of the developer to CBDT. (v) Proposal for setting up Free Trade Warehousing Zone for an area admeasuring 1337.5 Sq. Mtr. for storage /B2B display area for high value commodities like bullions/diamonds etc. and for tech laboratory and medical instrumentation, pharma/fashion industry products, international art auctions/art investment/art trade/artwork storage by the Co-Developer M/s. ATS Savvy Developers LLP in processing area of GIFT Multi Services SEZ m/r Representative of DGEP, D/o Revenue informed that the Member (Customs), CBIC had desired that the matter may be deferred for a week for further examination of the proposal. The, Board, decided to defer the proposal for a week and desired that the comments of D/o Revenue should be ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... est of M/s Ramdev Chemical Industries, Dahej SEZ unit for laying Drainage Pipe Line in Dahej SEZ area The Board, after deliberations, decided to approve the proposal. (xi) Proposal of M/s. ASF Insignia SEZ Pvt. Ltd., developer for dual use of infrastructure in non-processing area of IT/ITES SEZ at village Gwal Pahari, Distt. Gurgaon, Haryana The Board, after deliberations, approved the proposal, subject to refund of all income tax/duties/fiscal benefits availed by the Developer. (xii) Request of M/s. GAR Corporation Private Limited for increase an area of 0.769 hectares in the sector specific SEZ for IT/ITES at Sy. No. 89(P), Kokapet Village, Gandipet Mandal, Ranga Reddy District, Telangana. The Board, after deliberations, approved the proposal. (xiii) Request for approval for importing Spectralink PIVOT 8744 Enterprise Smartphone by M/s. L T Technology Services Limited in M/s. L T SEZ, Mysore, Karnataka. The Board, after deliberations, approved the proposal. (xiv) M/s. Abhijeet Ferro Tech Ltd. of APSEZ, Visakhapatnam for import of Ferro Manganese Slag for a quantity of 20,000 MTs. The Board, after deliberations, approved the proposal for i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Service Tax Exemptions, if any, under SEZ Act/Rules, or has refunded any such benefits availed by it. Item No. 83.7: Proposals for Industrial License (3 proposals) Addl. Secretary (SEZ) informed the Board that while Section 9 (e) of the SEZ Act, 2005 empowered the BOA to decide the cases of grant of Industrial License to SEZ Units for manufacture of items covered by the ID (R A) Act, the BOA was not empowered to decide the cases of manufacture of items covered under the Arms, Act, 1959. It was informed that Ministry of Home Affairs had delegated these powers to the Secretary, Department of Industrial Policy Promotion. Addl. Secretary (SEZ) informed that he had discussed the issue with the Secretary, DIPP and it was decided that proposals for grant of manufacture of items covered under the Arms Act, 1959 by SEZ Units, may be considered and approved by the BOA, where after, the Secretary, DIPP would consider issuing the license. (i) Application of M/s Zen Technologies Ltd., SEZ unit under VSEZ requiring Industrial License. The Board, after deliberations, decided to approve the proposal of M/s Zen Technologies Ltd., for grant of Industrial License for design, devel ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... new unit in Moradabad SEZ against order dated 23.03.2018 passed by UAC, Moradabad SEZ. The Board, after hearing the appellant upheld the appeal. (ii) Appeal dated 19.01.2018 of M/s. Alps Overseas Pvt. Ltd. a unit in FSEZ against order dated 07.04.2016 passed by UAC, FSEZ. The Board, after hearing the appellant upheld the appeal. Decision on Supplementary Agenda Item No. 83.8: Requests for extension of validity of formal approvals (one proposal) (i) Request of M/s. Mayar Infrastructure Development Pvt. Ltd. for further extension of the validity of formal approval, granted for setting up of Biotechnology Sector Specific SEZ at Village Rahka and Nimoth, Tehsil Sohna, Gurgaon (Haryana) beyond 13.07.2018. The Board, after deliberations, decided to recommend the proposal for approval of Hon'ble CIM in relaxation of the provisions of Rule 5(7) of SEZ Rules, 2006. Item No. 83.9: Requests for co-developer (5 proposals) (i) Request of M/s. Phoenix Financial District Pvt. Ltd for co-developer status in the M/s. Phoenix Spaces Pvt. Ltd, IT/ITES SEZ at Sy. No. 285, Puppalguda Village, Rajender Nagar District, Telangana to develop and construct th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . Ltd. for developing and construction the building and also undertake the operations and maintenance of the building 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 does not exceed 30 years (Renewable). (v) Request of M/s. Phoenix Infraspace India Pvt. Ltd for co-developer status in the M/s. Phoenix Ventures ht. Ltd, IT/ITES SEZ at sy. No. 35 P 36, Gachibowli Village, Serilingampally District, Telangana to develop and construct the Building and also undertake the operations and maintenance of the building The Board, after deliberations, approved the proposal of M/s. Phoenix Infraspace India Pvt. Ltd. for developing and construction the building and also undertake the operations and maintenance of the building 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 does not exceed 30 years (Renewable). Item No. 83.10: Change of Shareholding Pattern Cases (2 proposals) (i) M/s. Black Canyon SEZ Pvt. Ltd., Co-developer o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ger, 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 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. Item No. 83.11: Miscellaneous Cases (3 proposals) (i) Proposal of M/s. P.L.G. Incubation Services Pvt. Ltd., co-developer for increase in area proposed to be developed in the Electronics Hardware Software including IT/ITES SEZ of M/s. Artha Infratech Pvt. Ltd. at Plot No. 21, Sector- Techzone-IV, Greater Noida. After deliberations, the Board approved the proposal of M/s. P.L.G. Incubation Services Pvt. Ltd. for increase in the area by 0.2601 hectares (2601 sqmt.), in accordance wi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed on file after receipt of necessary recommendations. (ii) Application of M/s Thales Reliance Defence Systems Ltd., SEZ unit under SEEPZ SEZ requiring Industrial License for manufacture of Aeronautical Radar Equipment and Electronic Warfare suite. The Board noted that the recommendations of the Ministry of Home Affairs were awaited. Representative of DGEP, D/o Revenue also stated that they would be in a position to offer their comments within a week . The Board, therefore, decided that the proposal may be considered on file after receipt of necessary recommendations. List of Participants for the Meeting of the Board of Approval for Special Economic Zones held on 19th June, 2018 under the Chairpersonship of Commerce Secretary, Department of Commerce. 1. Ms. Rita Teaotia, Chairperson, BOA Commerce Secretary, Department of Commerce 2. Shri Alok Vardhan Chaturvedi, DG, DGFT 3. Shri Bidyut Behari Swain, Additional Secretary, Department of Commerce 4. Smt. Deepshikha Sharma, Addl. (CIT) OSD, CBDT, Department of Revenue, Ministry of Finance. 5. Dr. Prem Verma, ADG, DGEP, CBEC 6. Shri Sanjay Bansal, ADG, DGEP 7. Shri Saroj Kumar Behera, Joint Directo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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