TMI BlogMinutes of the 105th meeting of the Board of Approval for SEZ held on 29th July, 2021 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 ..... The Board, after deliberations, approved extension of the validity of formal approval up to 29th October, 2022. 105.2(ii) Proposal of M/s State Industries Promotion Corporation of Tamil Nadu Ltd. (SIPCOT) Industrial Park, Bargur for extension of validity of LoA in respect of Multi Sector SEZ for granite processing at Bargur, Uthangarai Pochampalli Taluk, Krishnagiri District, Tamil Nadu. The Board, after deliberations, approved extension of the validity of formal approval up to 10th March, 2022. 105.2(iii) It was noted that the agenda item pertained to the request for extension of validity of LOA of a unit and was inadvertently listed under the current section. The same has been accordingly placed under the relevant heading as item no. 105.3(iv). 105.3 Request for extension of LoA of the units (four proposals) 105.3(i) Request of M/s. Knitpro International (Unit-III) in Mahindra World City (Jaipur) Ltd., Multiproduct SEZ at Village- Kalwara, Tehsil-Sanganer, Jaipur (Rajasthan) for third extension of Letter of Approval (LoA) for a further period of one year i.e. upto 07.03.2022. The Board, after deliberations, approved extension of the validity of LoA up t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er, 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 codeveloper to CBDT. 105.4(ii) Request of M/s Bayline Infocity Limited, developer for taking on record the change of shareholding pattern and the appointment of new Directors of the Developer. The Board noted that the matter was deferred by the Board earlier in its 102nd and 104th meetings held on 06.01.2021 and 28.05.2021 respectively as the individual investors had raised an objection to the proposed change in shareholding pattern and filed a petition before the NCLT, Chennai Bench challenging the same. The matter was sub-judice. Now, vide NCLT order dated 11.06.2021, the petition stands dismissed as withdrawn. The Board, after deliberations, approved the proposal for change of shareholding pattern and for the appointment of new Directors in the Board subject to approval by relevant statu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent 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, 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- 105.4(iv) Request of M/s. Anomalous Infra Private Limited (co-developer) at Arshiya Limited-FTWZ, Panvel, Raigad for change in shareholding pattern of the company. The Board, after deliberations, approved the proposal for change in shareholding pattern of the company subject to approval by relevant statutory body with the following conditions:- i Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered co-developer entity; ii. Fulfilment of all eligibility criteria applicable to co-developer, including security clearances etc., by the altered co-developer ent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ll 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 105.4(vi) Proposal of M/s. Sak Synergy Realty Private Limited, Co-developer of ASF Insignia SEZ Private Limited IT/ITES SEZ at Village Gwal Pahari, Gurugram (Haryana) for change in shareholding pattern of the company. The Board, after deliberations, approved the proposal for change in shareholding pattern of the company subject to approval by relevant statutory body with the following conditions:- i. Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered co-developer entity; ii. Fulfilment of all eligibility criteria applicable to co-developer, including security clearances etc., by the altered co-developer entity and its constituents; iii. Applicability of and compliance with all relevant rules of Revenue/Company Affairs/SEBI etc., 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 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ion for procurement of sand, a restricted item, from Domestic Tariff Area by M/s. Arima Minerals Metals Pvt. Ltd., VSEZ. The proposal from DC, VSEZ for approval for procurement of 200 MT sand by the unit namely, M/s Arima Minerals Metals Pvt. Ltd. for undertaking civil works was placed before the Board of Approval. The Board, after deliberations, approved the proposal in terms of proviso under Rule 27(1) of the SEZ Rules, 2006 subject to the condition that it should be ensured that the allowed item is actually used in the SEZ and all the environmental and other relevant regulations are complied with. 105.5(ii) Ratification of permission for procurement of sand, a restricted item from Domestic Tariff Area granted to M/s. Kusalava International Ltd., VSEZ. The proposal from DC, VSEZ for ratification of approval granted by DC office to M/s Kusalava International Ltd. to procure sand of a quantity of 100 MT on 06.07.2021for constructing compound wall, internal CC Road and repair work in their premises was placed before the BoA. The Board, after deliberations, decided to ratify the approval granted by the Development Commissioner under DoC's instruction dated 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Sand 3 dumpers 04.06.2021 4. Presto Industries (Exports) Sand 1 dumper 04.06.2021 5. S. R. Warehousing Trading Co. Sand 1 truck 04.06.2021 6. Kandla Polyplast (India) Pvt. Ltd. Sand 3 dumpers 16.06.2021 7. Shri Guru Shipping Logistics Sand 150 cubic meter 29.06.2021 8. Shreeji Exports Sand 300 MT 29.06.2021 9. Euro India Cylinders Ltd. Sand 20 MT 29.06.2021 The Board, after deliberations, decided to ratify the approval granted by the Development Commissioner under DoC's instruction dated 18.05.2020 for procurement of restricted item viz. sand subject to the condition that it should be ensured that the allowed items are actually used in t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Code 25059000) Yellow Soil (HSN Code 25059000) 2000 Tonnes 2000 Tonnes 2000 Tonnes 1500 Tonnes 30.06.2021 4 M/s Worldwide Safety Pvt. Ltd., AAP SEZ, Ahmedabad Aggregate (HSN Code 25051020) Sand (HSN Code 25051020) 195 cu.mt. 750 cu.mt. 28.06.2021 5 M/s Worldwide Safety Pvt. Ltd. Unit-II), AAP SEZ, Ahmedabad Aggregate (HSN Code 25051020) Sand (HSN Code 25051020) Filling Sand (HSN Code 25051020) Murram (HSN Code 25059000) 195 cu.mt. 750 cu.mt. 1630 cu.mt. 1846 cu.mt. 07.07.2021 The Board, after deliberations, decided to ratify the approval granted by the Development Commissioner under DoC's instruction dated 18.05.2020 for procurement of restricted items viz. sand, soil etc. subject to the condition that it should be ensured that the allowed items are actually used in the SEZs and all the environmental and other relevant regulations are complied with. 105.5(vii) Proposal of M/s. Sarveshwar Logist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Development Commissioner under DoC's instruction dated 18.05.2020 for procurement of restricted item viz. sand subject to the condition that it should be ensured that the allowed item is actually used in the SEZ and all the environmental and other relevant regulations are complied with. 105.5(x) Proposal of M/s. Nhava Sheva Business Park Private Limited (Co-Developer) located at JNPT SEZ for approval of procurement of sand required for their authorized operations. The proposal from DC, SEEPZ SEZ for ratification of approval granted to M/s Nhava Sheva Business Park Private Limited for procurement of 67443 units of sand i.e. Coarse Sand/Crusher Sand for their authorized operations was placed before the Board of Approval. The Board, after deliberations, decided to ratify the approval granted by the Development Commissioner under DoC's instruction dated 18.05.2020 for procurement of restricted item viz. sand subject to the condition that it should be ensured that the allowed item is actually used in the SEZ and all the environmental and other relevant regulations are complied with. 105.5(xi) Proposal of M/s Laxmi Ideal Interiors for procurement of 'Mother of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Zone of M/s. Arshiya Ltd. FTWZ at Sai Village, Taluka, District Raigad, Maharashtra. The Board, after deliberations, approved the proposal of M/s. Arshiya Panvel FTWZ Services Pvt. Ltd. for co-developer status for operation and maintenance of one warehouse i.e. WH-03 over an area of 5.5083 acres for six years in accordance with the co-developer agreement entered into with the developer and existing co-developer on 19.05.2021 subject to standard terms and conditions as per the SEZ Act and Rules provided that the lease period shall be in accordance with DoC's Instruction No. 98 dated 29.08.2019. 105.6(iv) Proposal of M/s. Unrivalled Infrastructure Pvt. Ltd. for approval of Co-Developer status in the Free Trade and Warehousing Zone of M/s. Arshiya Ltd. FTWZ at Sai Village, Panvel Taluka, District Raigad, Maharashtra. The Board, after deliberations, approved the proposal of M/s. Unrivalled Infrastructure Pvt. Ltd. for co-developer status for construction, operation, maintenance and leasing of one warehouse (WH-02) over an area of 2.69 Ha in accordance with the co-developer agreement dated 12.03.2021 entered into with the developer subject to standard terms and condition ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... SEZ Rules, 2006 (Form-F - Application) 9 Details related to infrastructure (space, water, power etc.) Under Rule-17 18 of the SEZ Rules, 2006 (Form-F - Application) 10 Details of employment Under Rule-17 18 of the SEZ Rules, 2006 (Form-F - Application) 11 Details of marketing collaboration and industrial license Under Rule-17 18 of the SEZ Rules, 200 (Form-F-A plication) The Department of Revenue flagged their reservations on exemptions sought by the unit for several compliances under the SEZ law which are otherwise mandatory for all the units in SEZ. The Board, after deliberations, decided to approve the proposal with the condition that the Department of Revenue may re-examine their views and highlight their concerns, if any, after due consultation with the Department of Economic Affairs (DEA) on or before 09.08.2021. In case, no comments in this regard is received from the DoR by 09.08.2021, the aforesaid conditional approval would be treated as a regular ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed by the Board. As consideration of proposals for setting up of unit in SEZ in terms of Rule 18 of the SEZ Rules and allotment of space to a unit falls within the purview of the UAC, the Board decided to remand the matter to UAC. ****** ANNEXURE - I List of Participants for the Meeting of the Board of Approval for Special Economic Zones held on 29th July, 2021 under the Chairmanship of Commerce Secretary, Department of Commerce. l. Shri B.V.R. Subrahmanyam, Chairman, BoA Commerce Secretary, Department of Commerce. 2. Shri S. Kishore, Additional Secretary, Department of Commerce. 3. Shri Amit Yadav, DG, DGFT. 4. Shri Amitabh Kumar, Joint Secretary, Department of Commerce. 5. Shri A. Bipin Menon, Development Commissioner, Noida SEZ. 6. Shri Senthil Nathan S, Director, Department of Commerce. List of participants connected via Video Conferencing. 1. Shri Rajeev Arora, Senior Development Commissioner, Sterling SEZ. 2. Dr. Amiya Chandra, Development Commissioner, Adani Ports SEZ, Mundra. 3. Shri Shanmuga Sundram, Development Commissioner, YIEPZ. 4. Shri D.V. Swamy, Development Commissioner, CSEZ. 5. Shri A. Rama Mohan Reddy, Developme ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
