IN FORCE SEZ / EOU / FTWZ

Agenda for the 103rd meeting of the BoA scheduled to be held on 18.03.2021

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No. K-43014(22)/4/2021-SEZ Government of India Ministry of Commerce and Industry Department of Commerce (SEZ Section) - Udyog Bhawan, New Delhi . Dated the AxMarch, 2021 OFFICE MEMORANDUM

Subject: 103" Meeting of the Board of Approval (BoA) for Special Economic Zones (SEZs) scheduled to be held on 18" March, 2021 at 11.30 A.M in Room No. 141 - forwarding of Agenda thereof — Reg. the In continuation to this Department’s O.M. of even number dated 10% February, 2021 on above mentioned subject, the undersigned is directed to enclose herewith the Agenda for the 103™ meeting of the BoA for SEZs scheduled to be held on 18" March, 2021 at 11:30 A.M. for information and necessary action. Soft copy of the agenda has also been hosted on the website: www. sezindia.gov.in.

a The addressees are requested to make it convenient to attend the meeting through Video Conferencing and shall provide their IP address and location details. A weblink for the meeting shall be shared by this Department shortly. @) Under amb lrrn Sinha) Secretary to the Government ofIndia Tel: 2306 2496 To Email: ashishprakash.sinha@nic.in

Central Board of Excise and Customs, Member (Customs), Department of Revenue, North Block, New Delhi. (Fax: 23092628).
CentralDelhi. Board ofDirect Taxes, Member (IT), Department of Revenue, North Block, New (Telefax: 23092107).

Member (Customs), Department of Revenue, North Block, New Delhi. (Fax: 23092628).

CentralDelhi. Board ofDirect Taxes, Member (IT), Department of Revenue, North Block, New (Telefax: 23092107).
Joint Secretary, Ministry of Finance, Department of Financial Services, Banking Division, 4. Jeevan Deep Building, New Delhi (Fax: 23344462/23366797). Shri Anil Agarwal, Joint Secretary, Department of Promotion of Industry and Internal Trade (DPIIT), Udyog Bhawan, New Delhi.
Joint Secretary, Ministry of Shipping, Transport Bhawan, New Delhi. 6. Joint Secretary (E), Ministry of Petroleum and Natural Gas, Shastri Bhawan, New Delhi 7. Joint Secretary, Ministry of Agriculture, Plant Protection, Krishi Bhawan, New Delhi. 8. Ministry of Science and Technology, Sc ‘G’ & Head (TDT), Technology Bhavan, 9. Mehrauli Road, New Delhi. (Telefax: 26862512) Joint Secretary, Department of Biotechnology, Ministry of Science and Technology, 7" Floor, Block 2, CGO Complex, Lodhi Road, New Delhi - 110 003.
Additional Secretary and Development Commissioner (Micro, Small and Medium Enterprises Scale Industry), Room No. 701, Nirman Bhavan, New Delhi (Fax: 23062315).
Secretary, Department of Electronics & Information Technology, Electronics Niketan,; 6, CGO Complex, New Delhi. (Fax: 24363101)
Joint Secretary (IS-I), Ministry of Home Affairs, North Block, New Delhi (Fax: 23092569)

Electronics & Information Technology, Electronics Niketan,; 6, CGO Complex, New Delhi. (Fax: 24363101)

Joint Secretary (IS-I), Ministry of Home Affairs, North Block, New Delhi (Fax: 23092569)
Joint Secretary (C&W), Ministry of Defence, Fax: 23015444, South Block, New Delhi. 14, Joint Secretary, Ministry of Environment and Forests, Pariyavaran Bhavan, CGO Complex, New Delhi — 110003 (Fax: 24363577)

15, Joint Secretary & Legislative Counsel, Legislative Department, M/o Law & Justice, A- Wing, Shastri Bhavan, New Delhi. (Tel: 23387095).

Department of Legal Affairs (Shri Hemant Kumar, Assistant Legal Adviser), M/o Law & Justice, New Delhi.

17, Secretary, Department of Chemicals & Petrochemicals, Shastri Bhawan, New Delhi 18. Joint Secretary, Ministry of Overseas Indian Affairs, Akbar Bhawan, Chanakyapuri, New Delhi. (Fax: 24674140)
1. Chief Planner, Department ofUrban Affairs, Town Country Planning Organisation, Vikas 20. Bhavan (E-Block), I.P. Estate, New Delhi. (Fax: 23073678/23379197) Director General, Director General of Foreign Trade, Department of Commerce, Udyog Bhavan, New Delhi.
1. Director General, Export Promotion Council for EOUs/SEZs, 8G, 8" Floor, Hansalaya 22. Building, 15, Barakhamba Road, New Delhi — 110 001 (Fax: 223329770) Dr. Rupa Chanda, Professor, Indian Institute of Management, Bangalore, Bennerghata Road, Bangalore, Karnataka

Development Commissioner, Noida Special Economic Zone, Noida.

24, Development Commissioner, Kandla Special Economic Zone, Gandhidham.

nt, Bangalore, Bennerghata Road, Bangalore, Karnataka

Development Commissioner, Noida Special Economic Zone, Noida.

24, Development Commissioner, Kandla Special Economic Zone, Gandhidham.

Development Commissioner, Falta Special Economic Zone, Kolkata.
Development Commissioner, SEEPZ Special Economic Zone, Mumbai.
Development Commissioner, Madras Special Economic Zone, Chennai 28. Development Commissioner, Visakhapatnam Special Economic Zone, Visakhapatnam 29. Development Commissioner, Cochin Special Economic Zone, Cochin. 30. Development Commissioner, Indore Special Economic Zone, Indore. 31. Development Commissioner, Mundra Special Economic Zone, 4" Floor, C Wing, Port Users Building, Mundra (Kutch) Gujarat.
Development Commissioner, Dahej Special Economic Zone, Fadia Chambers, Ashram Road, Ahmedabad, Gujarat
Development Commissioner, Navi Mumbai Special Economic Zone, SEEPZ Service Center, Central Road, Andheri (East), Mumbai — 400 096
Development Commissioner, Sterling Special Economic Zone, Sandesara Estate, Atladra Padra Road, Vadodara - 390012
Development Commissioner, Andhra Pradesh Special Economic Zone, Udyog Bhawan, 9" Floor, Siripuram, Visakhapatnam — 3
Development Commissioner, Reliance Jamnagar Special Economic Zone, Jamnagar, Gujarat

t Commissioner, Andhra Pradesh Special Economic Zone, Udyog Bhawan, 9" Floor, Siripuram, Visakhapatnam — 3

Development Commissioner, Reliance Jamnagar Special Economic Zone, Jamnagar, Gujarat
Development Commissioner, Surat Special Economic Zone, Surat, Gujarat 38. Development Commissioner, Mihan Special Economic Zone, Nagpur, Maharashtra 39. Development Commissioner, Sricity Special Economic Zone, Andhra Pradesh, 40. Development Commissioner, Mangalore Special Economic Zone, Mangalore.

Government of Andhra Pradesh, Principal Secretary and CIP, Industries and Commerce Department, A.P. Secretariat, Hyderabad — 500022. (Fax: 040-23452895).
Government ofTelangana, Special Chief Secretary, Industries and Commerce Department, Telangana Secretariat Khairatabad, Hyderabad, Telangana.
Government ofKarnataka, Principal Secretary, Commerce and Industry Department, Vikas Saudha, Bangalore — 560001. (Fax: 080-22259870)

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Government of Maharashtra, Principal Secretary (Industries), Energy and Labour Department, Mumbai — 400 032.
Government ofGujarat, Principal Secretary, Industries and Mines Department Sardar Patel Bhawan, Block No. 5, 3rd Floor, Gandhinagar — 382010 (Fax: 079-23250844).
Government of West Bengal, Principal Secretary, (Commerce and Industry), IP Branch (4% Floor), SEZ Section, 4, Abanindranath Tagore Sarani (Camac Street) Kolkata — 700 016

Fax: 079-23250844).

Government of West Bengal, Principal Secretary, (Commerce and Industry), IP Branch (4% Floor), SEZ Section, 4, Abanindranath Tagore Sarani (Camac Street) Kolkata — 700 016
Government of Tamil Nadu, Principal Secretary (Industries), Fort St. George, Chennai — 600009 (Fax: 044-25370822).

48.Government of Kerala, Principal Secretary (Industries), Government Secretariat, Trivandrum — 695001 (Fax: 0471-2333017).
1. Government of Haryana, Financial Commissioner and Principal Secretary), Department of Industries, Haryana Civil Secretariat, Chandigarh (Fax: 0172-2740526).

Government of Rajasthan, Principal Secretary (Industries), Secretariat Campus, Bhagwan Das Road, Jaipur — 302005 (0141-2227788).
Government of Uttar Pradesh, Principal Secretary, (Industries), Lal Bahadur Shastri Bhawan, Lucknow — 226001 (Fax: 0522-2238255).
Government of Punjab, Principal Secretary Department of Industry & Commerce Udyog Bhawan), Sector -17, Chandigarh- 160017.
Government of Puducherry, Secretary, Department of Industries, Chief Secretariat, Puducherry.
Government of Odisha, Principal Secretary (Industries), Odisha Secretariat, Bhubaneshwar — 751001 (Fax: 0671-536819/2406299).
Government of Madhya Pradesh, Chief Secretary, (Commerce and Industry), Vallabh Bhavan, Bhopal (Fax: 0755-2559974)
Government of Uttarakhand, Principal Secretary, (Industries), No. 4, Subhash Road, Secretariat, Dehradun, Uttarakhand
Government of Jharkhand (Secretary), Department of Industries Nepal House, Doranda, Ranchi — 834002.

Principal Secretary, (Industries), No. 4, Subhash Road, Secretariat, Dehradun, Uttarakhand

Government of Jharkhand (Secretary), Department of Industries Nepal House, Doranda, Ranchi — 834002.
Union Territory of Daman and Diu and Dadra Nagar Haveli, Secretary (Industries), Department of Industries, Secretariat, Moti Daman — 396220 (Fax: 0260-2230775).
Government of Nagaland, Principal Secretary, Department of Industries and Commerce), Kohima, Nagaland.
Government of Chattishgarh, Commissioner-cum-Secretary Industries, Directorate of Industries, LIC Building Campus, 2°¢ Floor, Pandri, Raipur, Chhattisgarh (Fax: 07712583651).

Copy to: PPS to CS/ Consultant to AS (SK) / PPS to JS(AK)/ PPS to Dir (SNS).

ig Agenda for the 103 meeting of the Board of Approval to be held on March, 2021 at 11:30 A.M. in Room no. 141, Udyog Bhawan, New Delhi
Item No. 103.1: Confirmation of minutes of the meeting of the 102" BoA held on 6" January, 2021. 103.2 Request for extension of LoA beyond 3" year onwards (three proposals)
- As per Rule 18(1) of the SEZ Rules, the Approval Committee may approve or reject a proposal for setting up of Unit in a Special Economic Zone.
e Cases for consideration of extension of Letter of Approval i.r.o units in SEZs are governed by Rule 19(4) of SEZ Rules.

or reject a proposal for setting up of Unit in a Special Economic Zone.

e Cases for consideration of extension of Letter of Approval i.r.o units in SEZs are governed by Rule 19(4) of SEZ Rules.
¢ Rule 19(4) states that LoA shall be valid for one year. First Proviso grants power to DCs for extending the LoA for a period not exceeding 2 years. Second Proviso grants further power to DCs for extending the LoA for one more year subject to the condition that two-thirds of activities including construction, relating to the Setting up of the Unit is complete and a Chartered Engineer’s certificate to this effect is submitted by the entrepreneur.
¢ Extensions beyond 3™ year (in cases where two-third activities are not complete) and onwards are granted by BoA.
¢ BoA can extend the validity for a period ofone year at a time. e There is no time limit up to which the Board can extend the validity.
103.2(i) Request of M/s. Wockhardt Ltd. Unit 2, located at Plot No. 6-A in Wockhardt Infrastructure Development Ltd. SEZ, Shendre, Aurangabad, Maharashtra for extension of Letter of Approval beyond 7" year for a period of one year from 25.02.2021 up to 24.02.2022. * LoA issued on : 25.02.2013 e Nature of business : Manufacturing of Nasal & Inhaler Dosage for Human Usage ¢ Number of extensions : seven extensions upto 24.02.2021 * Request : For further extension for one year up to 24.02.2022

i. Details of Business plan / Investment

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----- Start of picture text ----- Sr. [Typeofcost«Proposed [Plant|S & Machinery Investment BOSSSSST(Ruin Gr) 3 R&D Labs Equipment and Office 1.54 quipment |[Total Capital Investment |SSCS~*~«BCOSSSSSSSSS Investment made made : S Particulars Total investment made i__2 [Upto December 2019 (ic. uptolastextension) |—*88:90_——~*d‘0 far (Rs. in Crores B [Total|After c J a pitalnuary investment2020 (till December(till December 31,2020) 31,2021)«|| 8890S—SSS~S+ I ----- End of picture text -----

Investment made made :

The Unit has submitted Chartered Accountant’s Certificate (J. L. Thakkar & Co.) dated 16.01.2021 and Chartered Engineer’s Certificate (Mrs. Swapna Khandekar, registration No. CA/2001/28101) dated 18.01.2021.

(ii) Details of physical progress till date:

a. Physical Progress: The Unit has submitted that there is no change with regards to physical progress as the construction activities of the Unit have already been completed (3900.90 sq. mtrs area approved and constructed) and the plant and machinery has been fully installed to its capacity. The Unit is only not operational in absence of necessary approval from regulatory bodies.

As informed by DC, the Specified Officer in his report has stated that the construction work of the built up area (3909.90 sq.mtr.) is complete and the unit has installed the machinery procured through import and DTA procurement.

Detailed reasons for delay:

a. They are developing product specific inhalation dosage for delivery of drugs to the respiratory at Unit 2 MIDC, Shendra SEZ as per the regulatory guidelines and quality by design (QBD) based product for ensuring enhance product safety, quality and efficacy for reducing the process variation control strategies.
b. For manufacturing the inhalation doses product, different automated and special unique technology equipment and instruments are used to optimize the formulation and special customized machineries parameters to match the product for regulatory specification.
c. The Development activity of inhalation product is very difficult to match regulatory specification and need to manufacture many trials to optimize the formulation followed by bio equivalence study batches for regulatory market and it will take time to complete developmental activities which include Bio equivalence studies. After successful developmental batches, registration batches and Bio equivalence studies, dossier will be filed for registration.
d. Inhalation product development is very critical to commercialize as it involves product development, execution of registration batches, clinical studies and filing a product dossier to government agencies like USFDA for its marketing authorization or product approval.

involves product development, execution of registration batches, clinical studies and filing a product dossier to government agencies like USFDA for its marketing authorization or product approval.

e. The Unit has applied to USFDA for product approval with a renewal fee up to 31.12.2021 and expecting the surprise inspection by USDA anytime shortly. However, due to the global COVID-19 pandemic, the inspection could not happen last year.
f. The Unit is hopeful for this year that once the situation is back to normal, the Regulatory Authority shall visit their plant and accordingly, they shall start their commercial production in due course. They have been also trying to obtain other regulatory approvals for markets like Europe, ROW (rest of world) and emerging markets.
g. On scrutiny of the application, it is observed that the construction work has been completed in the year 2019 itself and the commercial production is pending only for want of approval of the Regulatory Authorities. As such, there is no change in the status as compared to last two years.

Recommendation by DC, SEEPZ:

DC SEEPZ-SEZ has recommended the request of extension of LoA for a period of one year up to 24.02.2022.

The request is placed before BoA for consideration.

103.2(ii) Request of M/s. Fibrofilt Industries, a unit in AMRL Hi Tech City Ltd. SEZ at Nanguneri, Tirunelveli Distt, Tamil Nadu for extension of Letter of Approval (LOA) from 17.7.2020 to 16.01.2022. * LOA issued on : 24.5.2010 = Nature of business of the unit : Manufacturing of Meltdown Synthetic Filter Media,
, Welded Pocket Filter Media, Aluminium Filter Media, Finished Filters and Filter Media for Face Mask
¢ No. of Extensions : 2 extensions by DC, MEPZ 2 Extensions by BoA for the period 24.05.2013 to
e 16.11.2018 and 17.11.2018 to 16.07.2020 respectively LoA valid upto : 16.07.2020.
« Recommended : For further extension of 18 months from 17.07.2020 to 16.01.2022.
Present Progress: (a) Details of Business Plan:0 |<1 [Plant& Machinery | =SSS~SC~«OD Ta SCSCSCSCSC~SY fe 30.000Rota J (b) Incremental investment since last extension :- Type of cost | Total Investment made so far| Incremental investment (Z In
HU In lakh) up to lakh) since last extension 2 land 95.00 Takh [10 Tah (Additional ~~] R&D , Man 15,00 lakh 15 lakh (Additional) Power
[fetal an | 2 ak cn aonay (c) Details of physical progress till date:S.No | Authorized activity | % completion | % completion Deadline for during last one completion of
/Production Set 20.00 30.09.2021
i-sup ear balance work Ph
. Connection-3] 100.00 100.00 L,Y

Detailed Reasons for delay:

2020, The Unit has stated that due to nationwide pandemic lockdown announced on 25th March they were not able to construct their factory building and import the capital machineries for starting their production within the validity period.

Recommendation by DC, MEPZ SEZ:

The Development Commissioner, MEPZ SEZ has recommended the request of extension of LOA for the period from 17.07.2020 to 16.01.2022.

_ The request is placed before BOA for its consideration.

103.2(iii) Request of M/s BEML Limited in the KIADB Aerospace SEZ, Bangalore, Karnataka for extension of Letter of Approval (LOA) beyond 05.01.2021 for a period of one year i.e. upto 04.01.2022.

» LOA issued on : 06.01.2012 = Nature of business of the unit: Aerospace mechanical components ¢ No. of Extensions : 8 by DC/BoA e LoA valid upto : 05.01.2021
(a) Details of Business Plan: Crore)
BaiDCCSHhe dl Dcompomd wal SSCCCCSCCCSC~d SSCCSC—tOC~C~*” B4 ‘(Machinery‘(OtherODStatutoryfecete | foalCC—C—“‘C‘;‘;‘;‘;t~*rSC“‘(S:C(itF

(b) Incremental Investment made so far and incremental investment since last extension

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----- Start of picture text ----- SI.No 'Type of Cost Proposed Investment (Rs.in ncremental investment since Crore) last extension Ti oftand SS —C—~sSC“( SCC [2 (CompoundWall |SN [4 [OtherStautoryfeeete [78 TNC Pffotal SCYCSN ----- End of picture text -----

Detailed reasons for delay:

The unit has informed that the project came to a standstill when the Civil/PEB works executing contractor invoked the arbitration clause. Arbitration Centre of Karnataka High Court heard the issues, and the Arbitration award was passed on 20.08.2016. Contractor- M/s URC- sent Notice on 14.11.2016 challenging this Award before the City Civil Court, Bangalore (Nos. 175 & 176 dated 16.11.2016). The contractor has filed two suits (Civil & FEB works separately). Hearing of the cases is in progress in City Civil Court. The unit has so far invested Rs.65.94 crores towards land, construction of the compound wall, machinery, other statutory fees, etc. Under the present context, BEML is working out the possibilities in planning and implementing the project. Once the issues are settled, planning and implementation of the project will be taken up.

Recommendation by DC, CSEZ:

DC, CSEZ has recommended the proposal.

The request is placed before BOA for its consideration.

103.3 Proposal for change in shareholding pattern/ name/control/merger and demerger (five proposals)

: In terms of DoC’s Instruction No. 89 dated 17.05.2018, re-organization in respect of developer and co-developer including change in shareholding pattern, business transfer arrangements, court approved mergers and de-mergers in case of developer/co-developer etc. are to be undertaken by the Board of Approval.

103.3(i) Request of M/s. Platinum Holdings Private Limited (Developer) for prior approval of BoA for change of shareholding pattern and for appointment of new Directors in the Board.

M/s Platinum Holdings Private Limited is the Developer of the sector specific SEZ for IT/ITES, spread over an area of 10.57 hectares located at Navalur, Chennai, Tamil Nadu and it is an operational SEZ.

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||||||||||||||||
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
|M/s.|Platinum|Holdings|Private|Limited,|Developer|of|the|Platinum|Holdings|Private|
|Limited|SEZ,|Chennai|has|submitted|their|request|for|prior|approval|for|their|proposed|transfer|of|
|shares|ie.|100%|to|Shubh|Holdings|Pte|Ltd.,|a|Company|incorporated|in|Singapore,|the|
|shareholding|pattern and consequent to the same change in the Board of Directors of the Company.|
|ame of|Shareholder|% of|Shareholding|a|shareholder|of|% of|Shareholding|
|rue|Living|Spaces|Private|99.95%|Shubh|Holding|
|Limited|Pte|Ltd|(along|100%|
|||otal|00%|Total~—=~sS~=“<CS*é‘OOMOC*d‘ith nominees)|

Shareholder|% of|Shareholding|a|shareholder|of|% of|Shareholding|
|rue|Living|Spaces|Private|99.95%|Shubh|Holding|
|Limited|Pte|Ltd|(along|100%|
|||otal|00%|Total~—=~sS~=“<CS*é‘OOMOC*d‘ith nominees)|
|in|the|listConsequentof Directors uponwillthebe proposedas|follows:change of share holding pattern of the Company,|the change|
|Present|list of Directors|Proposed|new Directors|after|the|transfer|of|
|!___|Shri Sathya|Moorthy|Sai|Prasad|S||—sShriVishalKumarshares|SsSsS=~=~—SS|

----- End of picture text -----

stake The Developer has submitted that their existing shareholders will transfer 100% of their to M/s. Shubh Holdings Pte Ltd. a company incorporated in Singapore on 10.11.2017, part of Varde, established in 1993. The said company is one of the leading Alternative Investment Firms in the World. Further, it is stated that post transfer, their existing Directors will resign and the new Directors will be in the Board as mentioned above.

Recommendation by DC, MEPZ:

The request of the Developer for prior permission for transfer of shares [100%] to a Foreign Company and post transfer replacement of existing Directors with two new Directors is recommended, for consideration of BOA.

103.3(ii) Request for change of name of the developer of sector specific SEZ for IT/ITES at Saravanampatti, Coimbatore SEZ from M/s Coimbatore Hitech Infrastructure Private Limited to M/s KGISL Infrastructures Private Limited.

M/s Coimbatore Hi-Tech Infrastructure Private Limited (CHIL) is the developer of a Sector Specific SEZ for IT/ITES, spread over a notified area of 51.255 hectares located at No.365, KGISL Campus, Thudiyalur Road, Saravanampatti, Coimbatore, Tamil Nadu and it is an operational SEZ.

The reasons given by the Developer for change of name is that all their group of Companies name begins with KGISL, therefore, they have changed the name of the company to represent their group as a whole. The developer has also stated that consequent upon the change of name, there is no change in the Shareholding Pattern and Board of Directors. They have also submitted an Undertaking in a non-judicial stamp paper, for seamless continuity of their SEZ activities with unaltered responsibilities and obligations for the altered entity. The Certificate of Incorporation pursuant to change of name issued by Registrar of Companies, Ministry of Corporate Affairs dated 11.01.2021 has also been provided.

Recommendation by DC, MEPZ:

The request of the developer for change of name from M/s Coimbatore HiTech Infrastructure Private Limited (CHIL) to M/s KGISL Infrastructures Private Limited has been recommended by the Development Commissioner, MEPZ, for consideration of BOA. The request is placed before BOA for consideration. 103.3(iii) Request of M/s. Embassy Office Park Pvt. Ltd. (Developer) located in Plot No.PLO3A, Rajiv Gandhi Infotech Park Hinjewadi, Phase-Il, Pune for change in entrepreneur from M/s. Embassy Office Park Pvt. Ltd. to M/s. Embassy Pune TechZone Pvt. Ltd. and in shareholding as a result of Composite Scheme of Arrangement approved by Hon’ble NCLT, Mumbai Bench. M/s Embassy Office Park Pvt. Ltd. was granted formal approval on 25.06.2007 and was notified on 19.11.2007. The developer filed a petition before Hon’ble National Company Law Tribunal, Mumbai Bench for Composite Scheme of Arrangement wherein the following was proposed : i. Embassy Office Parks Pvt. Ltd. (EOPPL) will demerge its Techzone undertaking (including Embassy Tech Zone Business Park SEZ) into its wholly owned subsidiary i.e Embassy Pune Techzone Pvt. Ltd.

ii. | Embassy Pune Techzone Pvt. Ltd.(EPTPL) will issue shares to shareholders of EOPPL i.e. Embassy Office Parks REIT (100% holding company of EOPPL) as a consideration for the de-merger.
iii. | Post demerger, shares held by EOPPL in EPTPL will be cancelled such that EPTPL entire shares will be held by Embassy Office Park REIT.
iv. EOPPL will get merged with M/s. Manyata Promoters Pvt. Ltd. and EOPPL will cease to exist.

in EPTPL will be cancelled such that EPTPL entire shares will be held by Embassy Office Park REIT.

iv. EOPPL will get merged with M/s. Manyata Promoters Pvt. Ltd. and EOPPL will cease to exist.

The Developer has submitted that their application which was filed before NCLT, Mumbai has been allowed and the Composite Scheme of Arrangement has been approved by the Hon’ble NCLT on 11.02.2021 in CP(CAA)/1085/MB/2020 in CA(CAA)/100g/MB/2020. The present status

of their case has been shown as ‘Allowed’. However, a copy of the order is yet to be received by them.

Parks Pvt.FollowingLtd.: is the present and post restructuring shareholding pattern of M/s. Embassy Office

||____NameofShareholder<br>[| __Pre-restructuring | __Post-restructuring ]<br>|<br>No ofshares<br>Holding [No.ofShares __% Holding<br>EmbassyOffice ParksREIT<br>9,999<br>69.99% INA<br>INA Sd<br>Ray<br>VargisKallemel,<br>=Nominee<br>0.001%<br>A<br>A<br>Shareholder ofEmbassy Office Parks|
|---|
|REIT|
|Embassy Office ParksREIT FE<br>~«*i7.03.24 _—_po.900% 1]<br>Ray<br>_VargisKallimel,<br>=Nominee<br>0.001%<br>Shareholder ofEmbassy Office Parks|
|REIT|

There is in fact no change in Shareholding pattern consequent to the Composite Scheme of arrangement i.e. Demerger and Merger, except that the new shareholding pattern is of the new Entrepreneur i.e. M/s. Embassy Pune TechZone Pvt. Ltd. The Developer has also stated that post demerger/ merger, there will be no change in the list of Directors.

Reasons for the proposed restructuring:

¢ To maximize the stakeholders value
¢ The composite arrangement would result in an efficient corporate structure with focused management and streamlined shareholding. The Company are expecting that the composite arrangement shall result in unlocking the following benefits:
¢ Simplified management structure, leading to better administration and reduction in cost from more focused operational efforts, rationalization, standardization and simplification of business process, the elimination of duplication, reduction in multiplicity of legal and regulatory compliances and rationalization of administrative expenses.
¢ Simplification of group structure.
¢ Simplification of the shareholding structure and reduction of shareholding tiers and value creation for the direct and indirect stakeholders.

M/s. Embassy Pune TechZone Pvt. Ltd. has submitted an undertaking that pursuant to the completion of the proposed transaction they will continue with seamless continuity of the SEZ activities and other conditions as per the guidelines given in instructions No. 89 issued by MOC&I.

DC’s Recommendation: -

DC SEEPZ-SEZ has recommended the proposal of M/s Embassy Office Park Pvt. Ltd. for Change in Entrepreneur to M/s. Embassy Pune TechZone Pvt. Ltd. as a result of approval of Composite Scheme of Arrangement by Hon’ble NCLT, Mumbai Bench and change in shareholding in terms of Instruction No. 89 dated 17-05-2018 read with Instruction No. 90 dated 03-08-2018.

The request is placed before the Board for consideration.

103.3(iv) Request of M/s SunTec Infrastructure Private Limited, Co-Developer in Electronics Technology Park SEZ(IV) for change in shareholding pattern.

M/s. SunTec Infrastructure Private Limited, the Co-developer of Electronic Technology Park SEZ ( [V) Thiruvananthapuram was granted Letter of Approval vide LoA dated 27.06.2013.

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----- Start of picture text ----- As informed by DC, the following change is proposed in the share holding pattern by the co- developer: = | 2. [NansystemsPvi.Limied Limited | 0.00 99.99% FL SC~—~Stemt S—~sYC“(;C‘;CSCOOMCT 100% ----- End of picture text -----

The co-developer has sought prior approval of the BoA for change of shareholding pattern in terms of Instruction No. 89 issued by DoC.

Recommendation by DC, CSEZ:

DC, CSEZ has recommended the proposal.

103.3(v) Request of M/s. TAPP Semiconductor India Pvt. Ltd., Co-developer in Electronics/Telecom Hardware Sector SEZ at SIPCOT Industrial Area, Sriperumbudur for prior approval of BoA for change of Share holding Pattern and change in list of holders Compulsorily Convertible Debentures(CCD).

M/s TAPP Semiconductor India Pvt. Ltd. is the Co-Developer of Electronics / Telecom hardware sector SEZ at SIPCOT Industrial Area, Sriperumbudur, Kancheepuram District, Tamil Nadu spread over 189.771 hectares. The SEZ is operational.

The co-developer has submitted their request for prior approval for their proposed transfer of shares and securities i.e. 44.53% of equity shares and 43.84% of Compulsorily Convertible Debentures (CCD) held by M/s. TAPP Investment Holding Mauritius Limited to M/s. TAPP Chennai Holdings Pvt. Ltd.

Present Shareholding Pattern:

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----- Start of picture text ----- [SiNo[1 [TAPP | [NameofShareholder] Investment Holding Mauritius—‘(|_No.of Limited] 524,581 Equity Shares | ___%ofShareholding44.54% _| TF SSS™~™CSotal$— SC—~—SC“‘C:*té‘i«IGVGZST 100.00% Proposed Shareholding Pattern pursuant to the completion of the proposed transaction: Dr frc e ) 8 araee[wm ----- End of picture text -----

1,28,751 , Eauity si 10.93% 100.00%

TAPP Bangalore Holdings Pyt. Ltd.

List of holders of Compulsorily Convertible Debentures (CCD) of TAPP Semiconductor India[Ltd.] _[Pvt.]

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----- Start of picture text -----

|||||||
|---|---|---|---|---|---|
|Yo.|of CCDs|__|%|of Debenture|holding|
|1_JTAPP|Investment|Holding|Mauritius|Limited|3,772,252|
|APP|Chennai Holdings|Pvt.|Ltd.|43.84%|
|‘APP|Bangalore|Holdings|Pvt.|Ltd.|1,060,722|
|otal|CC*C«*iS«GS2DG|100.00%|

----- End of picture text -----

List of holders of Compulsorily Convertible Debentures (CCD) of TAPP Semiconductor India Pvt. Ltd. pursuant to the completion of the proposed transaction:

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----- Start of picture text -----

|||||||||
|---|---|---|---|---|---|---|---|
|SLNo|{Name|of Debenture holder|No.of|CCDs|—_|%|of Debenture|holding|
|{TAPP Chennai Holdings|Pvt.|Ltd.|,544,504|
|2|‘TAPP Bangalore Holdings Pvt. Ltd.|1,060,722|12.33%|
|otal|Ci|S226|100.00%|

| |SLNo|{Name|of Debenture holder|No.of|CCDs|—_|%|of Debenture|holding| |{TAPP Chennai Holdings|Pvt.|Ltd.|,544,504| |2|‘TAPP Bangalore Holdings Pvt. Ltd.|1,060,722|12.33%| |otal|Ci|S226|100.00%|


**----- End of picture text -----**<br>


Consequent upon the proposed change of share holding pattern of the Company, the Company has submitted the list of Directors representing M/s TAPP Semiconductor India Pvt. Ltd. and their DIN which are as follows:- 

Present list of Directors 

**==> picture [282 x 83] intentionally omitted <==**

**----- Start of picture text -----**<br>
```text
|||||
|---|---|---|---|
|||1|fait Kumar Chordia|00049366|
|||2|fAmritansh Bhagat|00411898|
|OI25642|
||5|{Anusha Mehta|09023484|

----- End of picture text -----

List of Directors after the proposed transaction

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----- Start of picture text -----

||||||
|---|---|---|---|---|
|||ot|Ajit Kumar Chordia|00049366|.|
|||= 2|Amritamsh Bhagat|00411898|

----- End of picture text -----

DC has further informed that the proposed transaction is being undertaken owing to certain commercial considerations between the Transferor and the Transferee. The co-developer has also given undertaking to the effect that they will comply with the condition that seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the company pursuant to completion of proposed transaction.

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s continuity of the SEZ activities with unaltered responsibilities and obligations for the company pursuant to completion of proposed transaction.

==> picture [2 x 2] intentionally omitted <==

----- Start of picture text ----- ; ----- End of picture text -----

Recommendation by DC, MEPZ SEZ:

The request of the Co-Developer for prior approval for transfer of shares and transfer of Compulsory Convertible Debentures (CCD) is recommended for consideration of BOA.

103.4 Requests for co-developer (three proposals)

103.4(i) Request of M/s. GGG Builders LLP for Co-developer status in the IT/ITES SEZ of M/s. Artha Infratech Pvt. Ltd. at Plot No. 21, Sector-Techzone IV, Greater Noida (Uttar Pradesh).

The IT/ITES SEZ of M/s. Artha Infratech Pvt. Ltd. located at Plot No. 21, Sector-Techzone IV, Greater Noida (Uttar Pradesh) was notified on 11.05.2011 and presently spreads over an area of 3.326754 hectares. M/s. GGG Builders LLP has submitted a proposal for becoming a co-developer in the aforesaid SEZ for “Conversion from warm shell to total ready to move in infrastructure to be leased out to various SEZ units for export including maintaining and managing facility management over two floors (5"& 6" floor) of Tower No.1 of approx. 64820 Sqft. Super area in the processing area of SEZ”.

Co-developer Agreement dated 24.12.2020 entered amongst M/s. Artha Infratech Pvt. Ltd. (Developer), M/s. Trustone Wegmans Developers Pvt. Ltd. (Existing Co-developer) & M/s. GGG Builders LLP (Proposed Co-developer) has been provided. The net worth of the co-developer is Rs.178.84 cr and the proposed amount of investment by the Co-developer in the SEZ is Rs.20.0942 cr.

Recommendation of DC, NSEZ:

Development Commissioner, NSEZ has recommended the proposal.

103.A(ii) Request of M/s State Industries Promotion Corporation of Tamil Nadu Limited for co-developer status in the IT/ITES Electronic components and Hardware manufacturing and related services SEZ developed by M/s. Flextronics Technologies India Pvt. Ltd. at SIPCOT Industrial Park, Phase II, Sandavellur “C” Village, Sriperumbudur Taluk, Kancheepuram District.

M/s Flextronics Technologies India Private Limited SEZ stands notified on 25.04.2006 and presently spreads over an area of 76.14 ha. M/s State Industries Promotion Corporation of Tamil Nadu Limited has submitted an application for co-developer status in the said SEZ to undertake basic infrastructure facilities in the 60.73 ha of notified area out of total notified area of 76.14 ha viz. roads, storm water drains, street lights, water supply distribution lines, avenue plants etc. for facilitating the industrial units proposed to be set up within the said 60.73 ha of notified area. The proposed co-developer intends to invest Rs.8.50 cr.

The developer vide their letter dated 24.12.2020 has given their consent to include SIPCOT as co-developer to develop and maintain 60.73 ha (150 acres) of the SEZ land and allot the land to

other industries. The proposed amount of investment by the Co-developer in the SEZ Rs. 8.50Crore.

Recommendation of DC, MEPZ:

Development Commissioner, MEPZ has recommended the proposal.

The request is placed before BOA for its consideration.

103.4(iii) Request of M/s. Finefacilis Management Private Limited for co-developer status in M/s. Platinum Holdings Private Limited SEZ at Ulsoor Bangalore, Karnataka.

The above mentioned SEZ stands notified over an area of 3.68 hectares.

M/s. Finefacilis Management Private Limited has submitted a proposal for becoming a codeveloper in the aforesaid SEZ for developing, operating and maintaining an IT/ITES Park along with other infrastructure facilities in the SEZ, over an area of 0.935 hectares (2.31 acres) comprising in survey No. 4/2, 3/1 and 5/1 in Navalur, Chennai.

The Co-developer has submitted co-developer agreement dated 09.3.2020 entered into with the developer has been provided. The proposed amount of investment by the co-developer in the SEZ is Rs. 280 crores over a period of5 years.

latch The Company has proposed to bring an investment of Rs.280 Crore towards the development of 7 Sq.ft of IT/ITeS Building in the SEZ over a period of 5 years.

The Company has also stated that the direct and indirect employment opportunities would be more than 1000 persons during construction phase and post completion will provide employment opportunities for more than 5000 persons.

Recommendation by DC:

DC, MEPZ SEZ has recommended the proposal

103.5 Miscellaneous cases (eight proposals)

103.5(i) Request of M/s Brandix India Apparel City Pvt. Ltd., at Achuthapuram Mandal, Visakhapatnam, Andhra Pradesh for permission for Chain-link fencing. Textile M/s Brandix India Apparel City Pvt. Ltd., developer was granted approval for setting up of a Sector SEZ at Achuthapuram Mandal, Visakhapatnam, Andhra Pradesh on 21.08.2006. The developer was granted an approval for partial de-notification of 17.894 ha of area from the total notified area of 404.70 ha on 06.08.2020.

the DC had informed that as required in terms of DoC’s Instruction No. 25 dated 16.07.2009, Developer was advised to segregate the Processing Area and DTA by constructing a partition wall — (A) In respect of IT/ITES SEZs, the height of the wall will be decided by the DC and (B) In respect of other SEZs, the wall could either be 2.4 meters in height or 1.8 meters in height plus 0.6 meters of barbed wire fencing.

Any deviation from the above need to be brought to the notice of BoA for the approval. M/s Brandix India Apparel City Pvt. Ltd. SEZ vide letter dated 14.10.2020 had requested DC office to permit them to construct a chain link fence for separation of the de-notified area and SEZ area, and pleaded that the proposed chain link fence will help them in shifting of boundary, in future whenever they extend the DTA boundary and also will maintain the aesthetic look of the park and that the total length of the fence will be 1.665 KM and total height is 8 ft (6 ft chain link fence and 2 ft barbed wires).

the DTA boundary and also will maintain the aesthetic look of the park and that the total length of the fence will be 1.665 KM and total height is 8 ft (6 ft chain link fence and 2 ft barbed wires). The total cost for the compound wall will be 9 million INR and cost of chain link fence will cost only Rs. 5.5 million and difference is 3.5 million.

The proposal was placed before the Board of Approval for consideration in its 101* meeting held on 27.11.2020. The Board after deliberations decided to defer the proposal with the directions to DC to get the following details: i. Sanctity of maintenance of bonded area through chain fencing.

ii. Since rationale given was plan to go for de-notification again, the likely timeline to seek such de-notification.

As informed by DC, 1000 acres park is covered with boundary wall and barbed wire and they have also set up a command control system at the main gate where the entire park is monitored via CCTV camera and access can be given to the SO, AO and PO who are available in the SEZ. Regarding plans for de-notification, the developer has submitted a request for conversion of lease land to free hold land to State Government and upon receipt of the same they will apply for partial de-notification of another 50 acres of land.

oper has submitted a request for conversion of lease land to free hold land to State Government and upon receipt of the same they will apply for partial de-notification of another 50 acres of land.

The proposal was again placed before the Board of Approval for consideration in its 102" meeting held on 06.01.2021. The Board after deliberations decided to defer the proposal for further examination and site visit by DC, VSEZ along with Custom officials. After receiving the report from DC, the proposal may be considered on file/placed before the BoA for decision.

As per the BoA’s direction, the site visit has been carried out by the DC along with Custom Officials on 20.01.2021. After the site visit, the Asst. Commissioner, Customs, Visakhapatnam has submitted the report vide letter dated 22.01.2021. As per the said report, the place is isolated and lonely, far off from the city with each unit in the park having its own security. That the proposed arrangement of Chain Link fencing appears to be foolproof and thus ensures safety, security and can check any pilferage of goods from the SEZ area into the proposed de-notified (DTA) area. The possibility of loss of revenue owing to the DTA operations in the de-notified area is remote. The Asst. Commissioner of Customs also recommended that the fencing be of height more than 2.4 mts including substantial portion of barbed wire/mesh topping, as proposed under the SEZ Rules. It has further been recommended that there is a separate guarded/monitored entry and exit for the denotified area and the existing SEZ units.

Recommendation by DC, VSEZ:

The request of the developer for permission to erect Chain Link fence of height of 2.4 mts. including substantial portion of barbed wire/mesh topping as proposed under the SEZ Rules is recommended for consideration and approval.

—

103.5 (ii) Application of M/s Arshiya Northern FTWZ Ltd. for change of sector of its Free Trade Warehousing Zone at Village Ibrahimpur, Junaidpur Urf Maujpur, Bulandshahr (UP) into ‘Multi Sector SEZ’ in terms of Rule 6(A) (i) of the SEZ Rules, 2006-reg. Trade M/s. Arshiya Northern FTWZ Ltd. was granted LoA on 27.02.2009 for setting up of Free Warehousing Zone at Village Ibrahimpur, Junaidpur Urf Maujpur, Bulandshar (U.P.). The FTWZ was notified vide Gazette Notification $.O. No. 2793 (E) dated 16.11.2010 over an area of * 31.4394 ha and is operational w.e.f. 31.12.2011. ‘ .

under As informed by DC, NSEZ the developer had submitted a proposal in Form C-3 stipulated sub-rule (i) of Rule 6A of the SEZ Rules, 2006 for change of sector from ‘Free Trade Warehousing Zone’ to ‘Multi Sector SEZ’ for consideration of the Board of Approval. It was further informed that the FTWZ is fulfilling the requirement of holding minimum 50 hectares of contiguous land area as required in terms of Rule 5(2) (a) of the SEZ Rules, 2006 as amended vide Notification G.S.R. 940(E) dated 17.12.2019.

ling the requirement of holding minimum 50 hectares of contiguous land area as required in terms of Rule 5(2) (a) of the SEZ Rules, 2006 as amended vide Notification G.S.R. 940(E) dated 17.12.2019.

held The request of the developer was placed before the Board of Approval in its 102™ meeting on 06.01.2021, however, due to lack of clarity in the proposal the Board unanimously decided to defer the same to enable DoR to examine and convey their comments thereupon. The matter was taken up with the Department of Revenue who, vide their OM dated 01.02.2021, have, inter alia, stated that they have no objection to the request of the developer for change in sector from FTWZ to Multi Sector SEZ under Rule 6(A) (i) of the SEZ Rules, 2006 subject to the condition that all the terms and conditions prescribed under the SEZ law for setting up of a multi-sector SEZ, viz. minimum contiguous land area requirement, minimum processing area requirement, area for FTWZ activities to be separated from rest of the processing area with separate entry and exit, FTWZ area to be exclusively used for trading and warehousing purpose etc. are fulfilled by the developer.

The request is placed before the BoA for consideration.

103.5(iii) Request for granting permission for underground pipeline from M/s. Coromandel International Limited, Plot no. Z/103/G, Dahej SEZ-II (Drainage Point) to GIDC pumping station within Dahej SEZ land limit.

est for granting permission for underground pipeline from M/s. Coromandel International Limited, Plot no. Z/103/G, Dahej SEZ-II (Drainage Point) to GIDC pumping station within Dahej SEZ land limit.

M/s Coromandel International Limited was issued Letter of Approval dated 26.04.2010, as amended from time to time, for setting up a unit in Dahej SEZ to manufacture and export of items under chapter 29 & 38 of ITC (HS) code. The unit started their commercial production from 26.06.2013.

DC has informed that M/s. Coromandel International Limited has requested for granting permission for underground pipeline from M/s. Coromandel International Limited., Plot no. Z/103/G, Dahej SEZ-II (Drainage Point) of unit to GIDC pumping station within Dahej SEZ area. The pipeline will be laid down underground at maximum depth of Imtr. (1000 mm) through MS hume pipe with close condition. The total length of the proposed ROU land is 2082 M (approx). It is also clarified that all the drainage work will be carried out within the SEZ area only.

DC has informed that M/s Dahej SEZ Limited, a Developer of Dahej SEZ issued in principle approval to the unit for offering land on RoU subject to certain conditions including that the unit has to obtain permission from DC,SEZ/BoA for laying express line of treated effluent from plot premises of the unit at Plot no. Z/103/G, Dahej SEZ-Il (Drainage Point) to GIDC pumping station within Dahej SEZ land limit. The unit has to follow the rules and regulation prevailing in SEZ area and comply the norms/instruction of GPCB/CPCB and GIDC/DSL.

e Point) to GIDC pumping station within Dahej SEZ land limit. The unit has to follow the rules and regulation prevailing in SEZ area and comply the norms/instruction of GPCB/CPCB and GIDC/DSL.

The applicant unit submitted Chartered Engineer’s certificate dated 03.02.2021 that M/s Coromandel International Limited has outsourced HDPE Pipe Line from Coromandel International Limited to GIDC Pumping Station SEZ-II measuring about 2082 running meter. The total cost of the said project is about Rs. 83,00,000 (Eighty Three Lacs Only).

Recommendation by DC, Dahej SEZ:-

The proposal of M/sCoromandel International Limitedfor granting permission for underground pipeline from M/s. Coromandel International Limited., Plot no. Z/103/G, Dahej SEZ-II (Drainage Point) to GIDC pumping station within Dahej SEZ land limit, is recommended to the Board of Approval for consideration.

103.5(iv) Request for import for warehousing and re-export of restricted items by Adani Warehousing Services Pvt. Ltd., Adani Ports and Special Economic Zone, Mundra.

M/s. Adani Warehousing Services Pvt. Ltd., a unit in Adani Ports and Special Economic Zone, Mundra, submitted a proposal for addition of space and approval for blending in its authorised operation to DC on 19.01.2021.

The products which are proposed to be imported and further re-exported on behalf of foreign client are as follows: [fisaine oS Cope rom [ST Popkin iS CODEDIO [STE |e [Condensate (HS CODE 27000000) | __Fre | _STE The proposal of addition of space and approval of blending in authorised operations was considered in the 87" UAC of Adani Ports and Special Economic Zone, Mundra, held on 01.02.2021. UAC referring to LoA of the unit, addendum in the LoA dated 19.06.2013, and prevailing SEZ Rule 26 & Rule 27, opined that the proposal may be referred to the BoA in view of related conditions inserted in the LoA through addendum dated 19.06.2013 in the past. The conditions inserted in the LoA through addendum dated 19.06.2013 are as under:

ferred to the BoA in view of related conditions inserted in the LoA through addendum dated 19.06.2013 in the past. The conditions inserted in the LoA through addendum dated 19.06.2013 are as under:

Export ofprohibited and restricted items shall be permittedprovided that the raw materialfor the same are imported and subject to the approval ofthe BoA.
Import ofprohibited and restricted items shall be permittedprovided that the raw materialfor the same are imported and subject to the approval ofthe BoA.

Recommendation by DC, APSEZ Mundra:

Considering the above facts and the fact that there is no proposal of any procurement from the DTA of the products mentioned above, since the proposed activities shall contribute significantly to the Foreign Exchange Earnings, it is recommended to consider the proposal of import and further re-export of the above mentioned products in forthcoming Board of Approval for its approval.

103.5 (v) Proposal of M/s R. R. Vibrant Polymers Ltd. for renewal of LOA for next five years in terms of Rule 18(4) of SEZ Rules’06. of M/s. R. R. Vibrant Polymers Ltd. had been issued LOA dated 27.11.1996 for manufacture “Recycled Polymer Pellets of LDPE/HDPE/PP/PVC/ABB and Agglomerates”. The unit commenced its export production w.e.f. 12.07.1997 and its LOA is valid till 29.12.2020. The LoA of the unit (sick unit) was renewed for a period of five years from 30.12.2015 to 29.12.2020 as per approval granted by the BoA in its 68" meeting held on 30.12.2015. The unit has requested to renew their LOA for another five years. As per the proposal received from DC, KASEZ the performance of the unit in the past five years as per APRs (Rs.in lakhs):

||Year|Export (includingotherNFE<br>ForexOutgo<br>NFEEarning<br>entitlement|
|---|---|---|
|||2015-16[00|[00<br>SC~*ésC##N#SNNN<br>OWOONC”*S*“‘t‘*s|

‘

The performance of the unit in terms of policy guidelines dated 17.09.2013, as amended vide letter dated 13.02.2018 as submitted by the unit is as under: -

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----- Start of picture text ----- alue Total Physical offTotal Physical ofjTotal Physical [% of Physical Export Turnover Exports Physical Turnover [Exports [Physical urmover|Exports to “total turnover” (Lakhs) (Lakhs) Export to( Lakhs) (Lakhs) |Export to(Lakhs) |(Lakhs) ‘total ‘total turnover” nover” Kid Mill ll asl al el rt Nall Further, the unit has made following sales during 30.12.2018 to 31.08.2020 (Rs. In Lakhs) Period Total Turnover [Physical Exports |% of Physical Export to | __ 30.12.2018 to 29.12.2019 [352949 62.22—id| S800otal Turnover S~d |__ 30.12.2019 to 31.08.2020 | 6648 | 0.0 |SSSCOSC~ DC further informed that presently the unit employ around 295 unskilled and skilled labourers at their unit out of which 57 labourers are female, The employment will increase to 330 labourers in the next block of five years wherein 70 labourers would be female. The number of employees mentioned above may differ as the units hire contract labours from contractors, dated As regards instances of violation of applicable statutes it was stated that Show cause notice 10.04.2019 were issued to the unit for non-compliance of physical export conditions and ----- End of picture text -----

f applicable statutes it was stated that Show cause notice 10.04.2019 were issued to the unit for non-compliance of physical export conditions and ----- End of picture text -----

penalty of Rs. 181.19 lakhs was imposed vide OIO No. KASEZ/49/2019-20 dated 02.05.2019. The unit has rental dues of Rs. 8,05,954/- on account of lease rent to KASEZ Authority till 31.12.2020.

The proposal was placed before the Board of Approval in its last meeting held on 06.01.2021 on the recommendations of DC, KASEZ. The Board, after deliberations, decided to defer the case and directed DC, KASEZ to further take up the matter with unit for payment of due penalty. Thereafter, the proposal may be furnished to BoA for extension after satisfying that the unit fulfils all other criteria. / :

Comments and recommendations of DC, KASEZ:

i. The unit could not run completely for their 5 years block period 2015-16 to 2019-20 as in 2015-16 due to the time taken for installation of new machinery being a sick unit earlier, the unit could not immediately start its operations after renewal of LoA by the BoA on 30.12.2015 but could only commence their operations on 01.04.2016. Further, since the import of plastic scrap was banned in June 2016 by the MoEF&CC which affected their imports for nearly 6 months. In the year 2019-20 again the MoEF&CC imposed ban on import of plastic scrap. Thus effectively, they could not operate for entire five year block period as there were several interruptions in the operations of the unit which were beyond their control.
ii, | The unit has been revived after 14 years in 2015 and due to non-operation of the unit for the entire five year block period they could not achieve positive NFE, hence they have requested to grant them extension in the period for fulfilment of positive NFE for a further period of five years as per Rule 72 of the SEZ Rules, 2006 or they may be permitted to voluntarily deposit 1% penalty for the shortfall in NFE io regularize the NFE shortfall as per Rule 80 of the SEZ Rules, 2006.
ii, | Regarding the outstanding dues, the unit has cleared all their pending rental dues upto 31.03.2021.

shortfall in NFE io regularize the NFE shortfall as per Rule 80 of the SEZ Rules, 2006.

ii, | Regarding the outstanding dues, the unit has cleared all their pending rental dues upto 31.03.2021.
iv. The order dated 02.05.2019 passed by the DC, KASEZ imposing penalty for non-achievement of physical export obligation as per policy circular dated 17.09.2013 has been challenged by the unit before the Hon’ble High Court of Gujarat and the Court has granted an interim relief against the penalty order and stayed the recovery proceedings against them.
v. The Ministry may like to consider the request of the unit for renewal of their LoA and they may be placed at par with the extensions granted in respect of other plastic recycling units by the BoA in its 102™ meeting held on 06.01.2021 and the unit may be allowed to start their imports immediately as per MoEF&CC notification dated 27.01.2021 in order to provide a level playing field to the unit vis-a-vis other plastic recycling units in the zone.

The matter is placed before the Board for consideration.

103.5(vi) Request of M/s Derewala Jewellery Mfg. Co. Pvt. Ltd, SEZ-I, Sitapura, Jaipur for broad banding of items of manufacture by including new items "Jewellery of Mother of Pearls, Annual Capacity -500 kg (HS Codes of the Jewellery - 71131130, 71131120, 71131910, 71131920, 71131930, 71131940, 7117909) in their LOA.

e by including new items "Jewellery of Mother of Pearls, Annual Capacity -500 kg (HS Codes of the Jewellery - 71131130, 71131120, 71131910, 71131920, 71131930, 71131940, 7117909) in their LOA.

M/s Derewala Jewellery Mfg. Co. Pvt. Ltd, a unit located at Plot No. F-24, G-25- 26, SEZ-I, Sitapura, Jaipur was granted formal approval on 01.06.2006 and commenced their operations w.e.f. 01.07.2008. The LoA of the unit is valid upto 29.06.2023.

==> picture [344 x 14] intentionally omitted <==

(i) Silver Jewellery Plain & Studded with Precious & Semi Precious Stones Diamonds 12840 Kg. ~ (ii) Gold Jewellery Plain & Studded with Precious & Semi Precious Stones Diamonds 7500 Kg. (iii) Cut & Polished of Precious, Semi Precious Stones & Diamonds, Stone Jewellery of Precious & Semi Precious Stones 7200 Kg. (iv) Plain & Studded Jewellery of Copper, Brass, Bronze, Tin, German Silver, Zinc, Aluminium and other base Metal 5000 Kg.

The unit proposes to add Jewellery Mother of Pearl (HS codes 71131130, 71131120,71131910, 71131920, 71131930, 71131940, 7117909) which will be made by the Precious Metal or Precious Metals combinations or Non Precious Metal combinations Annual Capacity- 500 Kg as an additional item in their authorized operations. The export performance of the unit during last three years are as under:Finance Vear POI7-18 PO18-19 _po19-20 P0202 (upro 3101200) [TotalValue in Rs. Lacs) m= © Re As per Point No. (iii) of Instruction No.

port performance of the unit during last three years are as under:Finance Vear POI7-18 PO18-19 _po19-20 P0202 (upro 3101200) [TotalValue in Rs. Lacs) m= © Re As per Point No. (iii) of Instruction No. 47 dated 04.03.2010 issued by DOC, "In respect of i supply of Restricted items by a DTA unit to SEZ Developer / Unit, the DTA unit can supply such 5 items to a SEZ Developer or unit for setting up infrastructure facility or for setting up ofa unit. It - can also supply raw material to SEZ unit for undertaking a manufacturing operation except id refrigeration, cutting, polishing and blending. However, it will require prior approval of BOA." This has been incorporated as proviso under Rule 27(i) of SEZ Rule, 2006. Code DC, NSEZ has informed that Mother of Pearl is classifiable under chapter 9601 ITC HS and is restricted for import. The Approval Committee of M/s Mahindra Word City (Jaipur) & Jaipur, SEZ, Sitapura, in its meeting held on 17.12.2018 & 30.08.2019 clarified that import of Mother of Pearls is Restricted, import of Mother of Pearls shall not be allowed. Also Approval Committee pointed out that import of restricted items can be allowed by the Board of Approval.

port of Mother of Pearls is Restricted, import of Mother of Pearls shall not be allowed. Also Approval Committee pointed out that import of restricted items can be allowed by the Board of Approval.

The proposal of M/s Derewala Jewellery Mfg. Co. Pvt. Ltd was placed before the Approval Committee Meeting dated 12.10.2020 & after due deliberations, Approval Committee unanimously decided to refer the proposal of import of Mother of Pearl (HS code- 96019020), being restricted item as per DGFT’s Import Policy to Board of Approval (BOA) as was done in past. On approval of BOA for import of Mother of Pearl the proposal for addition ofjewellery of Mother of Pearl will be considered by the Approval Committee.

Recommendation by DC, NSEZ:

DC, NSEZ recommends this proposal.

The proposal is placed before the Board for consideration.

;

103.5(vii) Application of M/s VTV Infrastructure Management Private Limited, the Codeveloper in M/s Vikas Telecom Pvt. Ltd( Embassy Tech Village SEZ) for surrender of their co-developer status and handover the authorized operations to the Developer, M/s. Vikas Telecom Ltd ( Embassy Tech Village SEZ)._

M/s.VTV Infrastructure Management Private Limited was granted co-developer status on 25.04.2014 for providing operation and maintenance of buildings and other infrastructure facilities in M/s.Vikas Telecom Pvt Ltd. SEZ ( Embassy Tech Village) for IT/ITES at Bangalore.

Now, the Co-developer proposes to surrender the co-developer status and hand over the authorized operations to the Developer, M/s. Vikas Telecom Pvt. Ltd SEZ (Embassy Tech Village). They have entered into a Termination of Services Agreement dated 24.12.2020 for this purpose and the developer vide their letter dated 28.01.2021 has granted no objection to the request. The developer undertakes all assets and liabilities of the co-developer. No dues Certificate from the Specified Officer has also been provided.

Recommendation by DC, CSEZ.

DC,CSEZ has recommended the proposal.

103.5(viii) Irregularities and compliance issues in the port based SEZ developed by Cochin Port Trust in Puthuvypeen, Ernakulam — reg.

Puthuvypeen SEZ, developed by Cochin Port Trust was notified on 02.11.2006 over an area of 285.8413 hectares. Three Co-Developers, viz. - M/s Petronet LNG Limited, M/s Bharat Petroleum Corporation Ltd. and M/s Indian Oil Corporation Ltd. were granted permission for infrastructural development in the Puthuvypeen SEZ.

M/s Gas Authority of India Ltd (Later on GAIL (India) Limited) was the only Unit in the Puthuvypeen SEZ. M/s GAIL was issued LoA, dated 27.07.2010 for authorized operation of ‘Regasified LNG transmission and distribution’ in the nature of a service activity. The Unit started the operation on 25.08.2013, thereby making the SEZ operational. The unit purchased Liquefied Natural Gas (LNG) from the co-developer, M/s Petronet LNG Limited (PLL) and supplied to their customers in DTA and SEZ (over 95% supply is to DTA), after re-gasification.

e unit purchased Liquefied Natural Gas (LNG) from the co-developer, M/s Petronet LNG Limited (PLL) and supplied to their customers in DTA and SEZ (over 95% supply is to DTA), after re-gasification.

DC, CSEZ came across some serious lapses in the Puthuvypeen SEZ, such as not having a secured compound wall, non-contiguity, no work started by co-developer M/s IOCL despite being issued LoA on 17.06.2011, while another Co-developer M/s BPCL — Kochi Refinery was operating like a unit without any valid LoA. Further, in the case of M/s GAIL which is the only Unit in the Zone, which had completed 5 years of operation on 24.08.2018 and during the processing of renewal application, it was noticed that the unit has not achieved positive Net Foreign Exchange (NFE) and requested for exit from the Zone, when the extended validity of their LoA expired on 31.03.2019.

M/s GAIL insisted on its de-notification as an SEZ Unit. It had also filed a Writ Petition (C), No. 10799/2019 before the Hon’ble High Court of Kerala, which was disposed of vide judgment,

dated 31.05.2019, with the directions to the 5th respondent (BoA) to finalize the application of the unit for exit and de-notification.

Court of Kerala, which was disposed of vide judgment,

dated 31.05.2019, with the directions to the 5th respondent (BoA) to finalize the application of the unit for exit and de-notification.

The Board of Approval, in its 91st meeting held on 06.08.2019, directed DC, CSEZ to work out settlement of NFE status and necessary recovery of dues. The matter was reviewed by the Unit Approval Committee in accordance with rule 54 of SEZ Rules, 2006, which concluded that the unit had not achieved positive NFE and directed O/o DC to initiate action under FTDR Act. A Show Cause Notice (SCN) was issued to the unit on 17.09.2019 directing them to show cause as to why penal action under the provisions of FT(D&R) Act, 1992 should not be initiated against them. The matter was adjudicated vide order dated 21.10.2019 after granting personal hearing and submission of written reply by the unit to SCN. A penalty of Rs. 10,000 under Section 11(2) of the FT(D&R) Act, 1992 and Rules and Orders made thereunder was imposed upon the unit.

The The matter was placed before the Board of Approval in its 96" meeting held on 27.02.2020. Board, after deliberations, decided the following:

i. Exit of GAIL as a unit from SEZ and the de-notification of area occupied by it are joint activities. In pursuance of the direction of the High Court of Kerala, BoA directed the DC, CSEZ to allow M/s GAIL exit as a unit from the SEZ Scheme after repaying the duty benefits, if any, availed by them.

In pursuance of the direction of the High Court of Kerala, BoA directed the DC, CSEZ to allow M/s GAIL exit as a unit from the SEZ Scheme after repaying the duty benefits, if any, availed by them.

ii. Thereafter, DC, CSEZ shall process the request of the developer, if any, for denotification of the area occupied by M/s GAIL. If no such request has been received,
be DCGAIL may and takedirection up theof matter with the High Courtdeveloperin thisinregard. the light of the request made by M/s ; iii. BoA granted in-principle approval to the recommendations of DC, CSEZ for 4 providing a time period of one year to the developer to bring another unit having ; direct relationship with the activities of developer/co-developers in the SEZ to render E- it operational. iv. Till such time a new unit is brought in, the developer/co-developer shall not be
t allowed any duty free procurement/import.
- v. BoA directed DC, CSEZ to ensure that the Developer constructs a compound wall for maintaining contiguity of the entire area of the zone before it becomes operational.

of the BoA.As informed by DC, CSEZ, the following action has been taken according to the directions

d wall for maintaining contiguity of the entire area of the zone before it becomes operational.

of the BoA.As informed by DC, CSEZ, the following action has been taken according to the directions

a. An exit order was issued to M/s. GAIL on 23.11.2020 after repaying the duty benefits. b. This office instructed the developer to take action for de-notifying the area occupied by M/s GAIL. They have initiated efforts to get the area de-notified. When the GAIL area is denotified, to maintain the contiguity of SEZ, nearby area/existing road connecting to GAIL also to be de-notified. They have finalised a modified layout plan for de-notifying the area and construction of a new road.
c. M/s Indian Oil Corporation Limited applied for setting up a unit in the Puthuvypeen SEZ to manufacture and export Lubricant. The UAC held on 12.02.2021 approved the proposal and issued LoA on 18.02.2021. The proposed unit will utilise the infrastructure built by Indian Oil Corporation Limited as a co-developer.
d. After IOCL, M/s. Petronet Limited has also shown interest in setting up a unit in the SEZ and they are in the process of applying for setting up the unit.
e. The construction of the compound wall is linked to the exclusion of the area occupied by GAIL. The work of the compound wall will be started after de-notifying the area based on

the Modified Layout Plan. In the light of the above, the developer has sought an extension for complying with BoA directions in this regard.

Recommendations of DC, CSEZ:

The request of the developer for extension of time for compliance of BoA directions regarding de-notification and construction of compound wall for a period of 6 months i.e; till 31.08.2021 may be considered. Chairperson, Cochin Port Trust may also be invited to the BoA to present the case.

The matter is placed before BoA for consideration.

103.6 Appeal (one appeal)

103.6(i) Appeal dated 22.02.2021 filed by M/s Datwyler Pharma Packaging India Pvt. Ltd. against the decision of UAC in its meeting held on 03.02.2021 for rejection of request for approval of additional list of services viz. as ‘Other Services not elsewhere classified’ under SAC code 999799 required for Gamma Irradiation of product ‘Rubber Stopper’.

M/s Datwyler Pharma Packaging India Pvt. Ltd. (erstwhile known as M/s Nelvoet Pharma India Operations Pvt. Ltd) was granted an LoA for setting up a unit in sector specific SEZ for Engineering sector developed by M/s MIDC Ltd. at Village Kesurde, Taluka, Khandala, Distt. Satara, Maharashtra for manufacture of rubber closure, plastic closure and aluminium closure on 21.05.2010.

The unit vide their application dated 22.12.2020 had requested DC, Pune Cluster SEZ for obtaining approval for additional list of services other than the one which is covered in default list of services approved by MoC&I i.e. for services required for carrying out Gamma Irradiation service on their products i.e. rubber stoppers in the nature of “Rubber Product Manufacturing Services” falling into SAC code 998851.

I i.e. for services required for carrying out Gamma Irradiation service on their products i.e. rubber stoppers in the nature of “Rubber Product Manufacturing Services” falling into SAC code 998851.

The proposal was placed before the Approval Committee in its meeting held on 03.02.2021. The Committee held the view that the services “Other Services not elsewhere classified”, is a very broad classification and covers various type of services which is not specifically classified in any other category. Further, the Committee noted that the services required by the unit is basically a job work for manufacturing their goods and the default list of services approved by MoC&I does not cover specific type of work which falls under the category of job work, and mostly covers list of services which is by and large required by most or all of the units whether in manufacturing or in IT sector and accordingly rejected the proposal for approval of additional services ‘Other Services not elsewhere classified’.

Contentions and grounds of appeal of the appellant:

The unit submits that such services as being provided by their supplier is related to Gamma Irradiation of their finished products i.e. Rubber Stoppers as per the requirement of their end client.

‘- The unit has also received approval for sub-contracting as per Rule 41 & 42 of SEZ Rules, 2006 from the O/o Specified Officer, Kesurdi MIDC SEZ on 24.11.2020.

The vendor who will be carrying out ‘Gamma Irradiation’ treatment on their finished products sent to them under sub-contracting mechanism will be just performing ‘Gamma

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Irradiation’ on ‘Rubber Stopper’ without addition of any new products from sub-contractor side on ‘Rubber Stopper’ or without changing any identity, shape size and nature. Post such treatment rubber stopper will be supplied back to Datwyler and from their SEZ unit it will be exported outside India to end customers. who are mainly multinational pharma companies engaged into manufacturing of various types of drugs, injections, vaccines etc. 4. The said treatment cannot be carried out in the unit as the said activity in itself is a separate full-fledged plant which requires investment ranging from 50-100 cr. It requires separate radiation chamber to be created with allied infrastructure like clean water and clean room etc.

is a separate full-fledged plant which requires investment ranging from 50-100 cr. It requires separate radiation chamber to be created with allied infrastructure like clean water and clean room etc. Gamma Irradiation is a separate specialization job and most of bigger pharma companies who are into manufacturing of pharma drugs and medicines has in-house facility available for Gamma irradiation, whereas smaller pharma companies who does not have such facility within their premises is only asking the unit to provide them Gamma Irradiation treated stoppers.

In order to avail “Zero Rated Supply” of such Gamma Irradiation treatment services from their supplier as per Section 16(1) of IGST Act, 2017 they have applied for obtaining additional list of services approval in the nature of ‘Other Service n.e.c.’ under SAC Code 999799 with the Pune Cluster SEZ as supplier is raising invoices under the same category to its different customers since inception of GST as there is not specific SAC code available for Gamma Irradiation service in GST Classification of services.

ising invoices under the same category to its different customers since inception of GST as there is not specific SAC code available for Gamma Irradiation service in GST Classification of services.

The unit submits that under the GST law, job work is defined as supply of service only and referred Section 2(68) of CGST Act, 2017 as under: The definition of[job][work][has][been][defined][in][the][Section][2(68)][of][ CGST][ Act][which][means][any] treatment or process undertaken by a person on goods belonging to another registered person. Principal’ would be the registered person who sends the goods forjob work. Treatment or process Ininclude packing,terms of clauselabelling,3 ofScheduletesting,II re-conditioning, to CGSTAct 2017,re-packing,any treatmentinspectionor process etc., applied to another person goods is to be treated as supply ofservices””.

ih The unit refers Instruction no. 79 dated 19.11.2013 issued by the MoC&I regarding Uniform List of services to be followed in SEZs which states that the approved list of services shall ordinarily be permitted by UAC unless anything to the contrary is noticed. Other services which are not included in the uniform list may be decided by UAC on merits. The unit further refers to MoC&I letter dated 02.01.2018 indicating that BoA after deliberations, approved the reiteration of the default authorised operations as approved earlier and hence accordingly said default list of services as approved earlier vide Instruction no.79 as amended from time to time shall be applicable in GST regime also.

ed operations as approved earlier and hence accordingly said default list of services as approved earlier vide Instruction no.79 as amended from time to time shall be applicable in GST regime also.

The unit submits they are a SEZ unit and eligible for procurement of services required for their authorized operations under IGST exemption and for the same they have already executed Bond Cum Legal Undertaking also as required under the provision of Rule 22 of the SEZ Rules, 2006. Further, that their supplier is also following due compliances as per GST Act and Rules for supply of such services to SEZ unit in accordance to Section 7(5)(b), Section 16(1) and Section 16(3) of IGST Act, 2017.
The rejection of the request of the unit is resulting into extra cost burden onto them in the form of IGST as without list of services approval from Approval Committee supplier is not providing “Zero Rated Supplies” under Section 16(1) of the IGST Act, 2017. The unit requests to set aside order dated 15.02.2021 issued by ADC, Pune Cluster SEZ and seeks approval of

additional services i.e. Other Services not elsewhere classified under SAC Code 999799 for Gamma Irradiation service on their finished products.

The request is placed before the BoA for consideration.

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Subject

103" Meeting of the Board of Approval (BoA) for Special Economic Zones (SEZs) scheduled to be held on 18" March, 2021 at 11.30 A.M in Room No. 141 - forwarding of Agenda thereof — Reg. the In continuation to this Department’s O.M. of even number dated 10% February, 2021 on above mentioned subject, the undersigned is directed to enclose herewith the Agenda for the 103™ meeting of the BoA for SEZs scheduled to be held on 18" March, 2021 at 11:30 A.M. for information and necessary action. Soft copy of the agenda has also been hosted on the website: www. sezindia.gov.in.

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