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TMI BlogMinutes of the 106th meeting of the Board of Approval for SEZ held on 7th October, 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 ..... arashtra. The Board, after deliberations, noted that LOA of developer has already expired and decided not to grant further extension. Development Commissioner, SEEPZ was directed to take consequential action as per SEZ laws. 106.3 Request for extension of LoA of the units (five proposals) 106.3(i) Request of M/s Mahadi Organics Pvt. Ltd., a unit in Plot No. Z/51 & Z/52 Dahej SEZ Ltd. at Village Luvara, Taluk Vagra, Distt. Bharuch, Gujarat for extension of the Letter of Approval (LoA) upto 03.09.2022. The Board, after deliberations, approved extension of the validity of LoA up to 3rd September, 2022. 106.3(ii) Request of M/s Axiom Chemicals Pvt. Ltd. in Plot No. Z/80, Dahej SEZ Ltd, Dahej, Village Luvara, Tulak Vagra, Distt. Bharuch, Gujarat for extension of the Letter of Approval (LoA) for one year beyond 26.10.2021 upto 26.10.2022. The Board, after deliberations, approved extension of the validity of LoA up to 26th October, 2022. 106.3(iii) Request of M/s. Sands Infrabuild Private Limited, unit in Smartcity (Kochi) Infrastructure Private Limited SEZ for extension of the Letter of Approval (LoA) beyond 25.9.2021 for a period of one year i.e. up to 25.9.2022. The Board, a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s a Co-Developer in Plot No. 13/4, MIDC-ITATES SEZ, Rajiv Gandhi Infotech Park, Hinjewadi, Phase-III, Pune 411 057 for the purpose of construction of all type of buildings in processing area, operation and maintenance of infrastructure and leasing of floors to SEZ units. The Board, after deliberations, approved the proposal of M/s. Infinit Infratech LLP, for co-developer status in Plot No. 13/4, MIDC-IT/ITES SEZ, Rajiv Gandhi Infotech Park, Hinjewadi, Phase-III, Pune for the purpose of construction of all types of buildings in processing area, operation and maintenance of infrastructure and leasing of floors to SEZ units in accordance with the co-developer agreement dated 16.06.2021 entered into with the developer i.e. MIDC, 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. 106.4(iv) Proposal of M/s. AEML SEEPZ Limited for Co-Developer status for implementation of reduction of tariff charges for electricity in SEEPZ SEZ. The Board, after deliberations, approved the proposal of M/s. AEML SEEPZ Limited for Co-Developer status for implementation of reductio ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erger, 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 co-developer shall furnish details of PAN and jurisdictional assessing officer of the co-developer to CBDT. 106.5(ii) Request for approval of transfer of 100% equity shareholding in MPSEZ Utilities Limited (co-developer) from Adani Ports and SEZ Ltd. to Adani Transmission Limited. The Board, after deliberations, approved the proposal for transfer of 100% equity shareholding in MPSEZ Utilities Limited (co-developer) from Adani Ports and SEZ Ltd. to Adani Transmission Limited with the following conditions:- i. Seamless continuity of the SEZ activities with unaltered responsibilities and obliga ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... fer 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. 106.5(iv) Request of M/s. Experion Hospitality (Hyderabad) Pvt. Ltd. for approval for transfer of their shares to M/s. Phoenix Ventures Pvt. Ltd., developer of the IT/ITES SEZ at Ranga Reddy District, Telangana. The Board while considering the proposal noted that certain inquiry was being conducted by office of the Directorate of Enforcement, Jaipur under the provisions of FEMA, 1999 against M/s Experion Hospitality Hyderabad Pvt Ltd (formerly known as Gold Resorts and Hotel (Hyderabad) Pvt Ltd), RoC- Delhi claiming FDI investment for purchase of land. Accordingly, the Board took the view of representative of Directorate of Enforcement (ED) during the meeting who confirmed that the ED has no objection to the proposed transfer of their shares to M/s Phoenix V ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ils 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. 106.6 Procurement of restricted items from DTA (three proposals) 106.6(i) Procurement of sand/soil by Kandla SEZ units and ratification of approval granted under delegation of powers granted to Development Commissioner. The proposal from DC, KASEZ for ratification of approval granted by the DC office for procurement of following items was placed before the BoA: Sr. No. Name of the Unit Materials permitted Quantity Permitted Date of approval 1. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... by the DTA unit on the wooden furniture supplied by the SEZ unit. The SEZ unit is not carrying out any cutting, polishing of MoP in its premises. The Board was also informed that the NOC from the Wildlife Crime Control Bureau would need to be obtained by the DTA unit. In view of submission by DC, NSEZ, the Board, after deliberations, decided to approve the proposal for procurement of 'Mother of Pearl' as raw material in respect of its unit located in the Multi-Product SEZ of M/s Mahindra World City (Jaipur) Ltd. at Village Kalwara, Jhai, Bhamboriya, Bagru Khurd & Newta, Tehsil-Sananer, Distt. Jaipur, Rajasthan 106.7 Miscellaneous cases (two proposals) 106.7(i) Request of M/s. Pooja Scrap Industries, a unit in VSEZ for extension/renewal of validity of LoA for the balance period of three years i.e. from 31.08.2021 to 30.08.2024 in the block of five years i.e. 31.08.2019 to 30.08.2024. The Board, after deliberations, approved the proposal for extension/renewal of validity of LoA for the balance period of three years i.e. from 31.08.2021 to 30.08.2024 in the block of five years i.e. 31.08.2019 to 30.08.2024. 106.7(ii) Request of M/s. Reliance Aerostructure Ltd., co-develo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mption for the labour charges paid for installation of electric cable from Electricity Department outside the zone to the power station in the zone. M/s Mikado Realtors Private Limited was granted formal approval for setting up of sector specific SFZ for Electronic Hardware, IT/ITES over an area of 11.028 Ha at village Behrampur & Balola District, Gurgaon, Haryana on 30.10.2008. In the course and process of performing their authorized operations, the appellant is required to establish certain facilities including uninterrupted supply of power to the units to be established in the zone. They had accordingly approached the electricity department to provide electrical connection of ultimate load 25992 KW and the electrical department on 02.06.2020 advised them to arrange for laying of cable from their outlet to the zone. They were also advised to engage an authorized contractor for laying of the cable and accordingly they had engaged M/s Serge Engineers for laying the cable. The developer has issued two separate contracts inter alia for supply of materials (goods) and for installation of materials (services). The developer had applied to the Development Commissioner for permission ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ice provider to a Developer or a Unit/entrepreneur to carry out authorised operations in a Special Economic Zone are exempted from levy of service tax. Similarly, a bare perusal of Rule 31 of the SEZ Rules, 2006 make it abundantly clear that the exemption from service tax is available on services rendered to a developer or a unit/entrepreneur for carrying out authorised operations. Further, from a combined reading of section 26(1)(e) with Rule 31 makes it evident that the only condition that is required to be satisfied to avail the service tax benefit under the said provisions is that the services must be rendered for the purpose of carrying out the "authorised operations in a special economic zone". Had it been the intention of the legislature that only those services are exempted from levy of service tax that are rendered within the special economic zones, the legislature would have categorically and clearly stated so in the statute. In the absence of such express intention, the court cannot add words to the statute to lead to an interpretation which could not have been the intention of the legislature." * On examining the above judgment, it is apparent that the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dur Taluk, Kancheepuram District, Tamil Nadu, for an increase in area of 9.333 Ha (beyond 10%) to their existing notified area of 84.775 Ha. The Board, after deliberations, decided to defer the proposal. 106.14 Miscellaneous Cases (one proposal) 106.14(i) Irregularities and compliance issues in the port based SEL developed buy Cochin Port Trust in Puthuvypeen, Ernakulam. The Board, after deliberations allowed exit of BPCL and directed DC to re-submit the viable proposal with respect to the rest of the entities within the framework of SEZ law in consultation with the Developer. 106.14(ii) Application of M/s. Mindspace Business Parks Pvt. Ltd. for approval of underpass in form of tunnel for establishment of contiguity with power utilities after proposed partial de-notification (2.23 Ha) of the said ITA TES SEZ. The Board, after deliberations, decided to return the proposal to DC. 106.14(iii) Request for ex-post-facto approval for import of raw material (metalscrap of different grade and specification) for production in the factory of M/s. Cresmac Fourdry Pvt Ltd, a unit of Falta SEZ, 24 Pargana (S). The Board, after deliberations, decided to return the proposal to DC. 10 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ory Authority (s), local area norms, building use approval/permission. 106.17(ii) Appeal filed by M/s HCL Technologies Ltd. against the decision of the UAC, NSEZ vide order dated 07.01.2020 rejecting the request of the unit for inclusion of Group Health and Insurance Services as Authorized Operations of the unit and its coverage under default service namely "General Insurance Business Service". The Board was informed that the appeal filed by M/s HCL Technologies was heard by the Board in its 95th meeting held on 14.02.2020 and as per direction, the matter was referred to Department of Revenue for their views. Department of Revenue has provided their comments on the matter, which were placed before the Board. The Board, after deliberations, based on submissions received earlier in this context as well as inputs received from Department of Revenue, decided to reject the appeal. 106.17(iii) Request of M/s. Phoenix Ventures Private Limited, an IT/ITES SEZ at Sy. No. 35 P & 36, Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, Telangana for inclusion of an additional area of 0.71 Ha (more than 10%) to their notified area of 2.89 Ha. The Board, after delib ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... after deliberations, decided that considering any extension beyond 18 months would be pre-mature at this juncture. ****** Annexure List of Participants for the Meeting of the Board of Approval for Special Economic Zones held On 7th October, 2021 under the Chairmanship of Commerce Secretary, Department of Commerce. List of participants presented in Room No. 141: 1. Shri B.V.R. Subrahmanyam, Chairman, BoA & Commerce Secretary, Department of Commerce. 2. Shri S. Kishore, Special 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. 7. Shri Ram Chander Sankhla, Pr.ADG, DGEP, MA) Finance. 8. Shri Saroj Kumar Behera, Additional Director, DGEP. 9. Dr. Amiya Chandra, Development Commissioner, Adani Ports & SEZ, Mundra 10. Shri Akash Taneja, Development Commissioner, Kandla SEZ. 11. Shri Anil Kant Mishra, Research Assistant TCPO, Ministry of Urban Development, Vikas Bhawan, I.P. Estate, New Delhi 12.Dr. S.K. Husain, Research Officer, TCPO/ M/o HUA List of participants ..... X X X X Extracts X X X X X X X X Extracts X X X X
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