No. K-43014(22)/13/2021-SEZ Government of India Ministry of Commerce and Industry Department of Commerce (SEZ Section) Udyog Bhawan, New Delhi Dated the 15" September, 2021 OFFICE OFFICE MEMORANDUM SEE MORANDUM

Subject: 106" Meeting of the Board of Approval (BoA) for Special Economic Zones

(SEZs) scheduled to be held on 28' September, 2021 at 4.00 P.M —Forwarding of agenda -reg. In continuation to this Department’s O.M. of €ven number dated 1* September, 2021 on the above mentioned subject, the undersigned is directed to enclose herewith the Agenda for the 106" meeting of the BoA for SEZs scheduled to be held on 287 September, 2021 at 4:00 P.M. in Room no, 47, Udyog Bhawan, New Delhi under the Chairmanship of the Commerce Secretary for information and necessary action. The agenda has also been hosted on the Website:www.sezindia.nic.in, 2. The local addressees may kindly make it convenient to attend the meeting at the above venue and time. Other participants may attend the meeting ane 11 Vid Conferencing. A web link for the same will be shared by this Department shortly, (Sumit Ku Under Secretary to the Government of India

2306 2496 Email: sumit.sachan@nic.in To 1. Central Board of Excise and Customs, Member (Customs), Department of Revenue, North Block, New Delhi. (Fax: 23092628). 2. Central Board of Direct Taxes, Member (IT), Department of Revenue, North Block, New Delhi. (Telefax: 23092107). 3. Joint Secretary, Ministry of Finance, Department of Financial Services, Banking Division, Jeevan Deep Building, New Delhi (Fax: 23344462/23366797), 4. Shri Anil Agarwal, Additional Secretary, Department of Promotion of Industry and Internal Trade (DPIIT), UdyogBhawan, New Delhi. 5. Joint Secretary, Ministry of Shipping, Transport Bhawan, New Delhi. 6.

i Anil Agarwal, Additional Secretary, Department of Promotion of Industry and Internal Trade (DPIIT), UdyogBhawan, New Delhi. 5. Joint Secretary, Ministry of Shipping, Transport Bhawan, New Delhi. 6. Joint Secretary (8), 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, Mehrauli Road, New Delhi. (Telefax: 26862512) 9. Joint Secretary, Department of Biotechnology, Ministry of Science and Technology, 7 Floor, Block 2, CGO Complex, Lodhi Road, New Delhi - 110 003.

10. Additional Secretary and Development Commissioner (Micro, Small and Medium Enterprises Scale Industry), Room No. 701, Nirman Bhavan, New Delhi (Fax: 23062315).
11. Secretary, Department of Electronics & Information Technology, Electronics Niketan, 6, CGO Complex, New Delhi. (Fax: 24363101)
12. Joint Secretary (IS-I, Ministry of Home Affairs, North Block, New Delhi (Fax: 23092569)
13. 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)
14. Joint Secretary & Legislative Counsel, Legislative Department, M/o Law & Justice, A-Wing, Shastri Bhavan, New Delhi. (Tel: 23387095).
15. Department of Legal Affairs (Shri Hemant Kumar, Assistant Legal Adviser), M/o Law & Justice, New Delhi.
16. Secretary, Department of Chemicals & Petrochemicals, Shastri Bhawan, New Delhi

95). 16. 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) 19. Chief Planner, Department of Urban Affairs, Town Country Planning Organisation, Vikas Bhavan (E-Block), LP. Estate, New Delhi. (Fax: 23073678/23379197) 20. Director General, Director General of Foreign Trade, Department of Commerce, Udyog Bhavan, New Delhi. 21. Director General, Export Promotion Council for EOUS/SEZs, 8G, 87 Floor, Hansalaya Building, 15, Barakhamba Road, New Delhi—110 001 (Fax: 223329770) 22. Dr.Rupa Chanda, Professor, Indian Institute of Management, Bangalore, Bennerghata Road, Bangalore, Karnataka 23. Development Commissioner, Noida Special Economic Zone, Noida. 24. Development Commissioner, Kandla Special Economic Zone, Gandhidham. 25. Development Commissioner, Falta Special Economic Zone, Kolkata. 26. Development Commissioner, SEEPZ Special Economic Zone, Mumbai. 27. 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. 32.

hin. 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. 32. Development Commissioner, Dahej Special Economic Zone, Fadia Chambers, Ashram Road, Ahmedabad, Gujarat 33. Development Commissioner, Navi Mumbai Special Economic Zone, SEEPZ Service Center, Central Road, Andheri (East), Mumbai - 400 096 34, Development Commissioner, Sterling Special Economic Zone, Sandesara Estate, AtladraPadra Road, Vadodara - 390012 35. Development Commissioner, Andhra Pradesh Special Economic Zone, UdyogBhawan, 9" Floor, Siripuram, Visakhapatnam — 3 36. Development Commissioner, Reliance Jamnagar Special Economic Zone, Jamnagar, Gujarat 37. 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.

urat 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.
41. Government of Andhra Pradesh, Principal Secretary and CIP, Industries and Commerce Department, A.P. Secretariat, Hyderabad — 500022. (Fax: 040-23452895), VikasSaudha, Bangalore — 560001. (Fax: 080-22259870)
42. Government of Maharashtra, Principal Secretary (Industries), Energy and Labour Department, Mumbai

• 400 032,

45. Government of Gujarat, Principal Secretary, Industries and Mines Department Sardar Patel Bhawan, Block No. 5, 3rd Floor, Gandhinagar — 382010 (Fax: 079-23250844),
46. Government of West Bengal, Principal Secretary, (Commerce and Industry), IP Branch (4" Floor), SEZ Section, 4, Abanindranath Tagore Sarani (Camac Street) Kolkata — 700 016
47. 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).
49. Government of Haryana, Financial Commissioner and Principal Secretary), Department of Industries, Haryana Civil Secretariat, Chandigarh (Fax: 0172-2740526).

01 (Fax: 0471-2333017). 49. Government of Haryana, Financial Commissioner and Principal Secretary), Department of Industries, Haryana Civil Secretariat, Chandigarh (Fax: 0172-2740526). 50. Government of Rajasthan, Principal Secretary (Industries), Secretariat Campus, Bhagwan Das Road, Jaipur — 302005 (0141-2227788), 51.Government of — Uttar Pradesh, Principal Secretary, (Industries), LalBahadurShastriBhawan, Lucknow - 226001 (Fax: 0522-2238255). 52. Government of Punjab, Principal Secretary Department of Industry & Commerce UdyogBhawan), Sector -17, Chandigarh- 160017, 53. Government of Puducherry, Secretary, Department of Industries, Chief Secretariat, Puducherry.

Government of Odisha, Principal Secretary (Industries), Odisha Secretariat, Bhubaneshwar — 751001 (Fax: 0671-536819/2406299), 55. Government of Madhya Pradesh, Chief Secretary, (Commerce and Industry), VallabhBhavan, Bhopal (Fax: 0755-2559974) 56. Government of Uttarakhand, Principal. Secretary, (Industries), No. 4, Subhash Road, Secretariat, Dehradun, Uttarakhand 57. Government of Jharkhand (Secretary), Department of Industries Nepal House, Doranda, Ranchi - 834002. 58. Union Territory of Daman and Diu and Dadra Nagar Haveli, Secretary (Industries), Department of Industries, Secretariat, Moti Daman — 396220 (Fax: 0260-2230775), 59. Government of Nagaland, Principal Secretary, Department of Industries and Commerce), Kohima, Nagaland. 60.

stries), Department of Industries, Secretariat, Moti Daman — 396220 (Fax: 0260-2230775), 59. Government of Nagaland, Principal Secretary, Department of Industries and Commerce), Kohima, Nagaland. 60. Government of Chattishgarh, Commissioner-cum-Secretary Industries, Directorate of Industries, LIC Building Campus, om Floor, Pandri, Raipur, Chhattisgarh (Fax: 0771- 2583651). Copy to: PPS to CS / Consultant to AS (SK) / PPS to JS (AK)/ PPS to Dir (SNS).

Agenda for the 106" meeting of the Board of Approval to be held on for the 106" meeting of the Board of Approval to be held on 28" September, 2021 at 4.00 P.M. through Video Conferencing September, 2021 at 4.00 P.M. through Video Conferencin: 106.1 Ratification of the minutes of the 1057" meeting of the Board of Approval held on 29.07.2021. As regards agenda point no. 105.7(i) regarding permission for setting up of Indian Regional Office of New Development Bank at GIFT IFSC SEZ, Gandhinagar, 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 comment in this regard is received from the DoR by 09.08.2021 > the aforesaid conditional approval would be treated as a regular approval.

Economic Affairs (DEA) on or before 09.08.2021. In case, no comment in this regard is received from the DoR by 09.08.2021 > the aforesaid conditional approval would be treated as a regular approval. It is proposed to take on record the following development in this matter: The DEA, had vide their OM dated 05.08.2021 furnished their detailed views to DoR along with the justification/clarification on exemptions sought for the IRO. Considering the proposed announcement of operationalizing of IRO during the upcoming BRICS Leaders’ Summit, DEA had requested DoR to support their proposal to enable the BoA/DoC to approve the same. In response, DGEP, vide their OM dated 06.08.2021, had endorsed the comments of the DEA for necessary action at the end of DOC. Accordingly, the conditional approval granted by the Board of Approval in its meeting dated 29.07.2021 has been treated as a regular approval and conveyed to the stakeholders vide letter dated 11.08.2021.

Request for extension of LoA of the Developer (one proposal) In terms of Rule 6(2) of the SEZ Rules, 2006, the letter of approval of a developer shall be valid for a period of three years within which time at least one unit has commenced production and the SEZ become operational from date of commencement of such production. The Board may on an application by the developer as the case may be, for reasons to be recorded in writing expand the validity period. 106.2(i) Request of M/s. DLF Info Park (Pune) Ltd.

production. The Board may on an application by the developer as the case may be, for reasons to be recorded in writing expand the validity period. 106.2(i) Request of M/s. DLF Info Park (Pune) Ltd. for further extension of the validity period of Formal Approval for setting up of a IT/ITES Special Economic Zone at Plot No.29 & PL-2, Rajiv Gandhi Infotech Park, Phase II, Hinjewadi, Pune, Maharashtra. Name of the Developer डर M/s. DLF Info Park (Pune) Ltd. Sector z IT/ITES Date of LoA : 27.06.2008 Extension : Developer has been granted 9 extensions. Last extension was granted for a period upto 25.06.2020. The Developer had requested for further extension upto 26.06.2021 vide their letter dated 01.06.2020. Thereafter. since the developer had not done any construction since the developer had _not done any construction activity since 2017, the proposal _was not forwarded to BoA. since 2017, the proposal was not forwarded to BoA. Now, the Developer has again submitted application for extension of their Formal Approval upto 26.06.2022. The SEZ stands notified as on 27.10.2014.

ce 2017, the proposal was not forwarded to BoA. Now, the Developer has again submitted application for extension of their Formal Approval upto 26.06.2022. The SEZ stands notified as on 27.10.2014.

Progress of the Project: a. Details of Investment made and Incremental investment made since last extension: Developer has invested an amount of Rs. 310,44,90,606/- on Land, Development of the SEZ site and construction of the buildings, as detailed below: [Description Investment [Investment Dar noi Break-up of incremental made tilllmade tillinvestment investment made since last 31.03.2019 1.03.2020 |made since lastjextension (Rs. In lakh) (Rs.In Cr) (रू. वा Cr) _ |extension (Rs. I Cr) ‘ost Incurred 0 26.6466 26.6466) |e [Land Cost Incurred 0! 167.7875] 168.5818 0.7943|Legal and Prof. fees - 21.67 development off [Diesel Charges - 0.85 land Environmental consultancy 4 2.85 [Depreciation - 0.17 ICRB - 9.22 IDC Water Charges — 20,02 Security Guard Charges 4 9.21 aintenance - 1.75 nclaimed amount — (6.34) Cost incurred 0 115.220 115.2206 0.00JNo incremental investment lother externa ade. Idevelopments (Total 309.654 310.4491 0.7943} Observation of DC : The developer has not made any incremental investment towards construction of the project since last extension in 2017. Also, there are no such other investments during the FY 2020-21. b. Project Status: [Project |Block No. |Construction . [Part Occupation Area and|Remark IName ork Consent to Operate ‘ompleted (CTO) Area approved IDLF Info| Civil Work} [Park 5 75% 26,354.76 Sq.

ect Status: [Project |Block No. |Construction . [Part Occupation Area and|Remark IName ork Consent to Operate ‘ompleted (CTO) Area approved IDLF Info| Civil Work} [Park 5 75% 26,354.76 Sq. MtrJTotal area of 28,235.35} (Pune) Ltd 6 | 38% 1880.59 Sq. Mtr|Sq. Mtr. (20%) Area 7 36% NiLfhas been approved for loccupation/leasing 1 15.11.2016

c. Project current status (Proposed Vs. Completed and Balance Floor to be completed): Sr. |No. offNo. of Floors|Developed alanced ime line required 6 INo. {Building proposed [0075 1005 to becompletion as stated b completed Developer since 2017 1 [Block No.5 {Basement Basement + 7 | | 12-16 months 13 2 Block No.6 [Basement Basement + 4 || (On completion of Block 13 0.5, developer will start © construction work off [Block No.6 3 Block No.7 {Basement Basement + 4 pT (On completion of Bloc 13 INo.6, developer will start] the construction work off Block No.7 Observations of DC: The entire construction detailed in (b) & (c) above is in unfinished state. 6. Other developments 1. Boundary Wall: 80% completed. 20% secured by GI sheets. 2. Plumbing Work: Completed 50% in only building no.5 (Work in progress) 3. Inside Roads: Completed 80% 4. Power Supply: Un-interrupted power supply through DG sets for permanent power supply 7 application has been filed with MSEDCL. Observations of DC : The above condition of the building as given in Point No. (c) & (d) above is since 2017 without any change. e.

r permanent power supply 7 application has been filed with MSEDCL. Observations of DC : The above condition of the building as given in Point No. (c) & (d) above is since 2017 without any change. e. Physical progress since last extension: There is no construction or physical activities towards construction of the project since last 5 years. ii. f. Detail reasons for delay: Developer has stated that the permissible FSI has been increased from 2FSI to 3FSI in Hinjewadi area where the SEZ land exists w.e.f. 16.07.2016, As such, they had filed revised building Master plan drawing to MIDC on 05.03.2018 opting to avail 3 FSI permissible area by depositing the first installment of 50% fee and other charges of Rs. 7.27 Cr. Unless and until the revised Building Master plan is approved by MIDC, they cannot carry out any concrete construction at the site. Pune Metropolitan Region Development Authority (PMRDA) has finalized the Metro Alignment for the Metro Rail project from Hinjewadi to Shivaji Nagar Metro Line-3. One of the stations is passing through front corner of their land in Plot No. 29. PMRDA has directed them to handover the land admeasuring 238.05 sq. mtr. required for Entry/Exit on

ar Metro Line-3. One of the stations is passing through front corner of their land in Plot No. 29. PMRDA has directed them to handover the land admeasuring 238.05 sq. mtr. required for Entry/Exit on

04-09-2019 & their Land Lessor i.e., MIDC has also directed them to make available / handover the land parcel required for Metro alignment. g. Present status of approvals obtained/pending- @ Gi) (iii) (iv) In continuation to online scrutiny of their drawings by MIDC, they have received Pre DCR approval (online drawing approval) with some of the queries raised by MIDC. As suggest/advised by MIDC, they are in the process of compiling / incorporating the corrections. Pune Metropolitan Region Development Authority (PMRDA) finalized the Metro Alignment for the Metro Rail project from Hinjawadi to Shivaji Nagar Metro line-3. As one of the station alignment is passing through the front corner area of the Plot No.29, they had received letter from PMRDA to handover the land required for Entry/Exit on 04.09.2019. Further, land lessor MIDC vide letter Ref. Mo. MIDC/RO(II) Pune/46/2020 dated 07.01.2020 has directed to handover the land parcel required for Metro alignment. In continuation to the letter, the Developer have given their consent for handing over the required area to MIDC as mentioned by Land Lessor vide their letter Ref. No. DIPPL/MIDC/RO/Land 2/2/2021 dated 13.01.2020. Following approvals which is the part of final approval or their revised Building Plan Approval - 1.

entioned by Land Lessor vide their letter Ref. No. DIPPL/MIDC/RO/Land 2/2/2021 dated 13.01.2020. Following approvals which is the part of final approval or their revised Building Plan Approval - 1. Grant of Revised Provisional FIRE NOC for proposed construction at their Plot No.29 & PL2 by MIDC vide their Letter Ref. No. MIDC/Fire/A-96971 dated 14.03.2020. 2; Grant of approval of Building plans for additional FSI on Plot No.29 & PL-2 for payment of additional premium to be made in favor of Under Secretary, Urban Development department, Govt. of Maharashtra, Mumbai by Executive Engineer, MIDC-IT Division, Pune. vide their letter No.EE/IT/TB/A-96616 of 2020 dated h. Further 13.03.2020. as per directions given in the BOA meeting held on 04-10-2019, the following approval has been received/ pending with reference to setting up of SEZ: a During Last Extension|Approvals obtained as on June 2020 |Approval yet to h period (Till June 2019 receive as on IMIDC Pending| date [Approvals Ise Area Finalization —_forfReceived Area finalization for 3 etro station alignment(AND EXIT alignment passing throug falling in Front CorneSEZ vide PMRDA Letter dated| Area of our SEZ, Plot04/09/2019 (0,29 BY PMRDA 2.

_forfReceived Area finalization for 3 etro station alignment(AND EXIT alignment passing throug falling in Front CorneSEZ vide PMRDA Letter dated| Area of our SEZ, Plot04/09/2019 (0,29 BY PMRDA 2. anding over of Plot Area\As per the decision agreed a for the (Entry IMIDC which las earmarked by PMRDAIPMRDA AND MIDC received lette earmarked in Finallconsent for making the spacq Building Plan approval _ availability was given by them on 13 Metro Alignmentifrom MIDC for making availability and EXIT) tohanding over of the Land fo (Land _ lessor)construction of Staircase through thei need to beletter dated 07/01/2020. Further, 1-2020. There is no physical transfe f Land to MIDC. RO2, MIDC, Land| 4

onfirmed the same. Submitted the Revised aster Building Pla approval online 0 12/02/2020... ध्थाशशभ्ाgताए। Metro Alignment Area land other queries raised b: IMIDC on 17/12/2019 [Revised Fire Provisional|Provisional Fire NOC received from INo Objection CertificatdChief Fire Officer & Fire Adviser, for the proposedMIDC, Mumbai on 14/03/2020. construction on Plot No.29 land PL2, considering the [Revised FSI Area Approval of BuildingApproval Of Building Plans fo: Plans for Additional FSl|Additional FSI received ० [Area on DLF info ParkJ16/03/2020 Plot No.29 & PL-2 Final Approval ॥। Pending wit Master Building Pla IMIDC due to approval COVID-19 Pandemic Loc idown. i. Inspection Report: The details submitted by the Developer was physically verified by the jurisdictional Specified Officer, as well as verified along with documentary evidence.

Pandemic Loc idown. i. Inspection Report: The details submitted by the Developer was physically verified by the jurisdictional Specified Officer, as well as verified along with documentary evidence. It has been observed that: the major incremental investment made by the Developer of Rs. 70.88 lakhs out of the total incremental investment made of Rs.79.43 lakhs, as claimed by the Developer, is towards Legal & Professional fees, water charges & Security Guard charges, as detailed in table (a) above, and no incremental investment has been made towards construction activity since last extension granted. MIDC vide letter dated 13-03-2020 has given in-principal approval for additional FSI area and granted revised Fire NOC for proposed revised construction subject to payment of Rs. 11.71 Crores immediately for issuance of final Master Building Plan approval by MIDC. The Developer has given consent for handing over the land required. for Metro realignment and area required for Entry/Exit claiming compensation for the same in form of additional FSI. Overall, there is no progress in construction and development activity at the site since last extension period (in fact since 2017) Approx. 80% area is covered by boundary wall and rest is covered by GI Sheets.

re is no progress in construction and development activity at the site since last extension period (in fact since 2017) Approx. 80% area is covered by boundary wall and rest is covered by GI Sheets.

j. Timeline for completion of project and making it operational: Timeline required for the completion of the Phase I (Block No.5) will be 12-16 months. On completion of Block no.5, construction of Block No.6 and subsequently Block No.7 will be undertaken. Recommendation by DC, SEEPZ SEZ: The Developer has obtained all necessary permission from MIDC, except for final Master Building Plan approval. The Developer can carry out construction activity only after the said approval is issued by MIDC. The developer has relied on the COVID situation in the country for no progress of their SEZ, despite the fact that the COVID epidemic began in March 2020 and the developer has not undertaken any construction activity nor have made any incremental investment towards construction activity since 2017.

the fact that the COVID epidemic began in March 2020 and the developer has not undertaken any construction activity nor have made any incremental investment towards construction activity since 2017. Their relying on Covid Pandemic for extension of LOA does not seems to be justified, Therefore, this office is not in a position to recommend the proposal for extension to BoA, However, the proposal of the Developer for extension of Formal Approval for a further period upto 26.06.2022 is forwarded for decision, as deemed fit. 106.3 Request for extension of LoA of the units (five 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. « 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.

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 of one year at a time. «There is no time limit up to which the Board can extend the validity. 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. « LoA issued on : 04.09.2018 ¢ Nature of business of the unit : Manufacturing of items under Chapter 29 & 38 i.e. Organic Chemicals and Miscellaneous Chemical Products. « No. of Extensions : 2(Two) by DC Dahej SEZ, ¢ LoA valid upto : 03.09.2021 e Request : For further extension for 1 (One) Year upto 03.09.2022. Present Progress furnished by applicant unit:-

« No. of Extensions : 2(Two) by DC Dahej SEZ, ¢ LoA valid upto : 03.09.2021 e Request : For further extension for 1 (One) Year upto 03.09.2022. Present Progress furnished by applicant unit:-

a. Details of Business Plan: Sr. Type of Cost Propose No Investment(INR in Cr 1 Lan 2.15} 2 Building =i.) 3 Plant & Machinery, | 9.0 4 [Cheers |... 3.00 Total] |. [17.55 73: 9. Incremental Investment made so far and incremental investment since last extension: es] No ype of cost otal Investment madeIncremental investment So far (INR in Cr) ‘ince last extension (in 1) L [Land & Improvement [ 224 छा 2 [Building [el ष्ण्ण्णषषश् yाg 3 Plant & Machiner ||... --| | 4 (Others | t~—‘“SC— [Ct |... तपृ०्श्/| [a | 0.04 c. Details of the physical progress till date: Sn No Activities 1% completion |%completion [Deadline for completion| during last 1 —_jof balance work ear | | Land & Land Filling & }100% Improvement _ levelling 2) Building | | _ Already applied _ fo ‘onsent to Establisl (CTE) to GPCB. The ave been granted Provisional CTE ० 20.04.2021. 3. Plant & | _ | || [Machinery As informed by DC, the unit received possession on 12.04.2019 and land filling was completed in December, 2019. They have stated that due to Covid-19 outbreak and lockdown from March 2020, there was delay in getting CTE from Pollution Control Board. They received CTE provisionally on 20th April, 2021 and the final copy on 28th May, 2021. Recommendation by DC, Dahej SEZ:

om March 2020, there was delay in getting CTE from Pollution Control Board. They received CTE provisionally on 20th April, 2021 and the final copy on 28th May, 2021. Recommendation by DC, Dahej SEZ:

In view of the above development activities carried out by the applicant unit, the case is recommended to the Board of Approval, for extension in validity of LoA dated 04.09.2018 (extended upto 03.09.2021) for the further period of one year i.e. up to 03.09.2022. 106.3(ii) Request of M/s Axiom Chemicals Pvt. Ltd. in Plot No. Z/80, Dahej SEZ Ltd, Dahej, Village Luvara, Taluk Vagra, Distt. Bharuch, Gujarat for extension of the Letter of Approval (LoA) for one year beyond 26.10.2021 upto 26.10.2022. « LOA issued on (Date) १ 27.10:2017. « Nature of business of the unit : Manufacturing of items under Chapter 28 (Inorganic Chemicals) and Chapter 29 (Organic Chemicals) « No. of Extensions : 2 by DC Dahej SEZ & 1 by BOA « 1.06 valid upto : 26.10.2021. e Request : For extension for 1 year upto 26.10.2022. Present Progress: a. Details of Business Plan: Sr No ‘ype of Cost [Proposed Investment (Rs lin Lakhs [i | Land 75.94 2 Building 269.5| 3 (Compound Wall 13.43} 4 Land filling 42.43 5 IMisc 12.71 6 Plant & Machine: 109.2 [Total 523.21 b. Incremental Investment made so far and incremental investment since last extension: Sr {Type of Cost \Total Investment made so ncremental Investment No far (In lakh Rs) since last extension (In lakh Rs 1__|Land to Developer 75.36} 75.3) 2.

tal investment since last extension: Sr {Type of Cost \Total Investment made so ncremental Investment No far (In lakh Rs) since last extension (In lakh Rs 1__|Land to Developer 75.36} 75.3) 2. |Site cleaning work 0.3 0.3 3 __|Land filling work 42.44 42.44 4 [Payment towards 0.59 0.59 Service charges to Developer 5 {Payment made to a... Po icontractor a (Other 0.0 0.07 Expenses 0.18 0.18 7 |Payment for Civil work 13.43} 13.43

(Compound Wall) |Payment for water 0.61[C=C \Payment for water connection & pipeline | ०“Pa... ee [Entry Road Culvert 6.59 6.59 11 Security fees plan approval, cess for guj. 1810 & construction elfare, Deposit for ee plantation | | 1.06 Green belt Development cost 7.99Pg 13 Electrical expenses- IDahej 0.46 0.46 14 Electricity Connection |Charges 0.53FM 15 Electricity Expense [i ्y झ 0.49 0.00 (6 |Government fees 3.74ि‡फ्रफ 17 Insurance expenses 0.21|_.....़्Œ्y्y 0.00 18 Lease rent expenses 3.8. 0.00 19 Plant Building 96.36a) [rotal sd[55.24] 139.2 C) Details of the physical progress till date: है No Activities Yotage ‘ompletion Yotage completion during last one year of LoA extension Deadline for the Completion of [06 Balance ork Land 100% Possession 100% SEZ Online Registration 100% Site cleaning work 100% Land filling work 100% Application for LUT 100% ATATOTETOTRT— Application for exemption certificate 100% Application to GPCB (GPCB NOC) 100% \Application for pharmaceuticals & organic roducts as per norms Under Process 0.11.2021 10 Green belt Development as er GPCB norms 100% 11 Appointment of Architect

Application to GPCB (GPCB NOC) 100% \Application for pharmaceuticals & organic roducts as per norms Under Process 0.11.2021 10 Green belt Development as er GPCB norms 100% 11 Appointment of Architect for preparation of building lan 100% 12 A pplication for building lant approval 100%

|materials 14. |Appointment of civil 100% ontractor 15 _|Civil Work 35% 0.03.2022 16 [Electricity 100% (Temporary lconnection) 17 _|Water Connection 100% nn 18 {Commercial Production 0.04.2022 Pe | Plant 100% [Approval Pharmaceuticals Detailed Reasons for Delay: They started working on the project as per the plan to complete it on time but due to unavoidable circumstances and financial crisis in market it was very difficult to complete the project by taking loan from market/financial institution on heavy interest. They have applied for new plan for the category of Bulk Drugs-General-API and received approval on 17.03.2021. As they were working on the revised design of the project that was set as per the Dahej SEZ norms and conditions it took time to start the project. Construction work got delayed due to insufficient manpower in the time of Covid-19. Due to pandemic Covid-19 the work was shutdown for 60 days. Recommendation by DC, Dahej SEZ: 106.3 (iii) In view of the above development activities carried out by the applicant unit, the case is recommended to the Board of Approval for extension in validity of LoA for a further period of one year i.e, upto 26.10.2022. Request of M/s.

activities carried out by the applicant unit, the case is recommended to the Board of Approval for extension in validity of LoA for a further period of one year i.e, upto 26.10.2022. 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. LoA issued on (Date) Nature of the Business of the unit No. of extensions LoA valid up to (Date) 26.9.2017 Backup Power Generation for IT Units 02 extension by DC, CSEZ (for a period of 3 years) beyond normal validity of one year 25.9.2021 Request ्y For further extension for 47 year upto 25.09.2022. Details of Business Plan: Sl. No. Type of Cost Space allotted for) Proposed Investment DG Room (Rs. in Cr.) 1 [Land & Building (Leasehold land) Area allotted for Power Plant/DG Room 12997 sq ft 22.83 2 achinery: DG Sets procured/installed 12 Nos. 10

tted for) Proposed Investment DG Room (Rs. in Cr.) 1 [Land & Building (Leasehold land) Area allotted for Power Plant/DG Room 12997 sq ft 22.83 2 achinery: DG Sets procured/installed 12 Nos. 10

| | No. Type of cost Total proposed Total investment Incremental Investment made so far Investment since last extension 1 and and building [Leasehold Land Leasehold Land Leasehold Land |Machinery: IDG 14.82 14.82 252 Accessories 08.01 04.68 [Total 22.83 [19.50 | | 2.52 | Details of physical progress as on 30.6.2021: ey No. Activity % completion} % completion Deadline for during last one completion of year balance work 1 {Land & Building of 90% \Co-developer 2. lachinery: One year IDG 100% 4% |Accessories 58% Total 85% Detailed reasons for delay:- M/s. Sands Infrabuild Private Limited is a unit being set up by the Co-developer, M/s. Sands Infrabuild Private Limited in Smartcity (Kochi) Infrastructure Pvt. Ltd., for generation of backup power to the upcoming IT Units in the SEZ. The IT Building of the Co-developer admeasuring 3330712 sq.ft. is under construction. A total area of 12997 Sq.ft. is allotted by the Co-developer for the project and has invested Rs.19.50 crore for the DG unit so far. The unit was not able to commence commercial production before the extended date of validity of the LoA i.e, 25.9.2021 due to the reason that the construction activities of IT building of the Co-developer, where the power unit is being established, were severely affected by the flood in Kerala during 2018 & 2019.

021 due to the reason that the construction activities of IT building of the Co-developer, where the power unit is being established, were severely affected by the flood in Kerala during 2018 & 2019. The Covid-19 pandemic and initial lockdown from March 2020 onwards hindered the work adversely. The civil works were progressing slowly during the year end, however, the second pandemic wave in 2021 has halted the project due to acute shortage of manpower and they are struggling hard to bring back the site to normalcy. Recommendation by DC: The extension of LoA may be considered. 106.3(iv) Request of M/s. Anthea Aromatics, a Unit in Mangalore SEZ, Karnataka for extension of LoA beyond 30" October 2021. LoP issued : 31" October, 2018 Nature of Business of the Unit : Manufacure and export of Undecavertrole, Anethole, Boisamber, Cyclamenaldehyde- Hydroxy Bezaldehyde,Sylvial, Mesityl Oxide,Tonalid, Kephalis, Raspberry Ketone, Ethyl Safranate, Herbanate, Peonile, 11

and export of Undecavertrole, Anethole, Boisamber, Cyclamenaldehyde- Hydroxy Bezaldehyde,Sylvial, Mesityl Oxide,Tonalid, Kephalis, Raspberry Ketone, Ethyl Safranate, Herbanate, Peonile, 11

Karanal, Tops and Higher Boiling fractions of above products. No. of Extensions : Ist extension (2 years) up to 30.10.2021 Request : For further extension of one year up to 30.10.2022. Progress of Project from Last LOA extension: a. Production, employment generation and estimated investment in plant and machinery Products proposed to be manufactured. Employment | Estimated Investment in proposed to be| plant and machinery. generated. lUndecavertrole, Anethole, Boisamber, Cyclamenaldehyde, P-Hydrox [Bezaldehyde,Sylvial, Mesityl | Oxide,Tonalid. [Kephalis, Raspberry Ketone, Ethyl Safranate}240 people 200 crores lerbanate, Peonile, Karanal, Tops and Higher Boiling fractions of above products. Investment_:- The Unit had already invested Rs.14 crores for acquiring 10 acres of land and they are planning to invest Rs.200 crores in the future. Estimated Net Foreign Exchange Earnings :- The Unit is projected Rs.16,510/- Crore for exports first five years with NFE of Rs.11,097- Crore. Commencement of Production :- The Unit assured that they will start production by the end of April 2022. Reasons for delay in implementing the project The unit authorities have stated that the main reason for not starting the project this year was the lockdown imposed due to the Covid-19 Pandemic.

Reasons for delay in implementing the project The unit authorities have stated that the main reason for not starting the project this year was the lockdown imposed due to the Covid-19 Pandemic. The lockdown adversely affected the supply of labourers, transportation of raw materials for construction and all other allied activities required for the execution of the project. The delay in getting Environmental Clearance was another reason affecting the project. Without Environmental clearance (EC) the State Pollution Control Board will not give consent to construct the plant and the building. After much effort, the Environmental Clearance was obtained on 22.06.2021. After the receipt of the same, the Unit has now expedited the process for getting the State Pollution Control Board's consent so that the construction of the plant and building can be Co | soon. The factory/engineering design is in the final stage. 12

c. The fire incident that happened recently on 24.04.2021 in the plant of M/s. Catasynth Speciality Chemicals Private Limited,, another Unit of the same management in Mangalore SEZ, was another reason for the project's delay.

happened recently on 24.04.2021 in the plant of M/s. Catasynth Speciality Chemicals Private Limited,, another Unit of the same management in Mangalore SEZ, was another reason for the project's delay. As a result of this fire incident, a significant portion of investment, workforce, and resources kept for the Anthea Unit were diverted for the revival of the Catasynth Unit, which already commenced their exports. As a result of the aforesaid reasons, the project activities continued to remain severely hampered, and the progress was minimal and slow. Recommendation by DC, Mangalore SEZ: The Unit was not able to finish two-thirds of activities, including construction, relating to the setting up of the Unit even after its first extension of LoA and the same will expire on 30.10.2021. There is another unit under the same management, M/s. Catasynth Speciality Chemicals Private Limited, which has commenced their operation on 19.03.2020. M/s. Anthea Aromatics could not implement the project due to delay in getting the Environmental Clearance (EC) and other reasons as stated above. In view of the above, the Unit's request for extension of LoA for a further period of one year, i.e.

roject due to delay in getting the Environmental Clearance (EC) and other reasons as stated above. In view of the above, the Unit's request for extension of LoA for a further period of one year, i.e. up to 30.10.2022 may please be considered favorably. The request is placed before the BoA for its consideration. 106.3(v) Request of M/s, JBF Petrochemicals Limited, a Unit in Mangalore SEZ, Karnataka for extension of LoA beyond 157 September 2021. oa issued : 167 September, 2011 Nature of Business of the Unit : Manufacture and Export of Purified Terephthalic Acid (PTA) and Poly Ethylene Terephthate (PET) No. of Extensions : 80 extension (9 years) upto 15.09.2021 Request : For further extension of one year upto 15.09.2022 Progress of Project from Last LOA extension: A) Progress in terms of completion of work- A comparative statement showing percentage of completion of work from last LOA extension application date to current application date is as follows: Description of Activi Status on last LOA Current Status date SI. [% of work % of work yet |% of work % of work 0. completed to complete —_ {completed et to complete | ngineering 100.% % 100.% ४८2 [2 [Procurement 99.8% 0.2% 99.9% 0.1% 3 ‘onstruction 98.1% 1.9% 98.7% 1.3% Overall 99.3% 0.7% 99.6% 0.4% 13

o complete —_ {completed et to complete | ngineering 100.% % 100.% ४८2 [2 [Procurement 99.8% 0.2% 99.9% 0.1% 3 ‘onstruction 98.1% 1.9% 98.7% 1.3% Overall 99.3% 0.7% 99.6% 0.4% 13

(B) Progress in terms of investment made The unit has invested Rs 6,680 crores so far. The Unit is now expecting further investment of Rs 600 crores from investor to complete/ commission the plant. The investment made by the unit are as follows:- [Break-up of Cost incurred during last LOA extension to this LOA extension application (in IRs. Crores) S.No. Particulars Last LOA [During the” lourrent LOA period (i _ [Salaries & wages 75.34 8.35} 83.69} 2 Staff welfare expenses 1.05 | 0.0| | 1.08 3 __|Other Expenses: 3.1 |Tangible Fixed Assets (Incl. material and है lcivil work) 3,529.83} || 3,529.83 3.2 Intangible Fixed Assets( Software है [License E20 | 1.30 3.3 [1९७॥101099, License & Construction : [Related Fees 545.05} || 545.05} 3.4 Legal & Professional Fees and Guarantee है ‘ommission 293.22} || 293.22) ‘iscellaneous expenses (Power, Diesel, iS ‘Admin exp., Rent, Travelling & ‘onveyance etc.) 370.7 80.00 450.7 3.6 Borrowing cost (Interest) 1,206.36 261.01 1,467.36 3.7 Foreign Exch. Fluctuation 14807 __-.। 148.0, 3.8 ixed Assets 160.13} 0.005} 160.14 =e 6,331 349 6,680 (C) Some achievements | S.No. | No.

ing cost (Interest) 1,206.36 261.01 1,467.36 3.7 Foreign Exch. Fluctuation 14807 __-.। 148.0, 3.8 ixed Assets 160.13} 0.005} 160.14 =e 6,331 349 6,680 (C) Some achievements | S.No. | No. Package Target Completion ISBL | | IISBL-PTA Unit Mechanical [Mechanical Completion done ‘ompletion 2 ‘ommissioning trials (Commissioning trials of individual system done OSBL | 1 | jitrogen PSA ‘onunissioned 2 IFW System ‘ommissioned 3 6 Nos of bagging machine [Ready for trial run 4 ‘ooling Water System ‘ommissioned 5 insulation & Painting [Done /|& [| 6 | Commercial production 31.01.2022 (D) Completion of work S.No. Package Target Completion 1 Solo run of process air compressor ‘ompleted 2 ‘ommissioning of oxidation system ‘ompleted 3 (Commissioning of vent gas system ‘completed 14

4 (Commissioning PTA feed & Filtration system [Completed (Commissioning of bagging system ‘Completed Final commissioning i.e. PX cut —in Waiting for funds from linvestor to start Reasons for delay in implementing the project: a. The project was initiated with the technology given by Invista (Du Pont). After 1 year “British Petroleum’ offered to sell its superior state of the art technology which was accepted by the Unit Management. b. The Unit had faced excessive delay in supply of some imported and indigenous equipments / machineries.

to sell its superior state of the art technology which was accepted by the Unit Management. b. The Unit had faced excessive delay in supply of some imported and indigenous equipments / machineries. Some of the important equipment like titanium cladded Distillation Columns from L&T were delayed because of industrial related problems like strikes. The reactor which is the heart of the mother plant was delayed by TSM of South Korea by over six months, and this was another reason for delay. d. Strike by their own employees recruited under ‘Project Disposed Family’ scheme by Govt. of Karnataka was another reason for delay. e. Delay in release of payment by bankers / consortium also created delay. छ The BoA in its 1007 meeting held on 25.09.2020 had approved the extension of validity of LoA for the Unit for a period of one year i.e. upto 15.09.2021 by observing that the unit had already made a substantial investment. Recommendation by DC, Mangalore SEZ: Even though JBF had made substantial investment of Rs.6,680 crores in setting up the Unit, it is understood that despite the eight extensions already given to the Unit, the financial stress of

Unit is still continuing and they have many liabilities to repay. During last extension (100th meeting of BoA held on 25th September 2020), the Board extended the LoA upto 15th September 2021 by observing that the unit had already made a substantial investment.

ay. During last extension (100th meeting of BoA held on 25th September 2020), the Board extended the LoA upto 15th September 2021 by observing that the unit had already made a substantial investment. At present, the unit had informed that on July 2021, the Banker (IDBI) had published an advertisement inviting Expression of Interest (80) for sale of debt of JBF Petrochemicals Ltd. They have also informed that the bidding will be completed in a month. The Unit is now planning further investment of Rs.600 crores after the 97 extension of LoA and the commencement of production will start by January 2022. In view of the above, the request of the unit for extension of LoA upto 15" September 2022, may please be considered favorably. The request is placed before the BoA for its consideration. 106.4 Request for co-developer status (five proposals) 106.4(i) Request for Approval of M/s. Uma Corporation as Co-developer for Weigh Bridge facility in Dahej SEZ (Part-1 & Part-2) at Dahej SEZ, Dist. Bharuch. M/s. Dahej SEZ Ltd., Developer, Dahej SEZ has entered into a Co-developer agreement with M/s. Uma Corporation to develop facilities for providing & running Weigh Bridge Service in Dahej SEZ (Total-2 Weigh Bridges, one each in SEZ Part-1 and Part-2) for an area of approx. 100 sq. mtr. in each part of Dahej SEZ. हे

elop facilities for providing & running Weigh Bridge Service in Dahej SEZ (Total-2 Weigh Bridges, one each in SEZ Part-1 and Part-2) for an area of approx. 100 sq. mtr. in each part of Dahej SEZ. हे

agreement with the developer on 07.07.2021. The proposed amount of investment by the co- developer is Rs.80 lakh approx. The net worth of the proposed co-developer is Rs.8,17,31,941/- cr. Recommendation by DC, Dahej SEZ: It is recommended to Board of Approval to consider the request of M/s. Uma Corporation as Co-developer to develop facilities for providing & running Weigh Bridge Service in Dahej SEZ(Part I and Part 2). 106.4(ii) Request of M/s. Mindspace Infratech Pvt. Ltd., an IT/ITES Unit for approval as Co-Developer status in MIDC-IT/ITES 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. MIDC, Pune SEZ was notified on 07.06.2007 over an area of 223.560 Ha. M/s. Mindspace Infratech Pvt. Ltd. was granted LoA as a Unit on 20.08.2019 at Plot No.13/2, MIDC-IT/ITES-SEZ. Construction activity has not yet started on the said plot. The Unit has obtained NOC dated 09.04.2021 from the Developer for obtaining Co-Developer status, for the aforesaid activities in processing area. After getting the Co-Developer approval, M/s Mindspace Infratech Pvt. Ltd.

NOC dated 09.04.2021 from the Developer for obtaining Co-Developer status, for the aforesaid activities in processing area. After getting the Co-Developer approval, M/s Mindspace Infratech Pvt. Ltd. will construct and develop the land parcel for optimum utilisation with available FSI and lease out plug & place spaces to prospective IT companies for running their business from the SEZ Campus which will contribute to export growth and generate additional employment. The Specified Officer has issued ‘No Dues Certificate’ dated 12.07.2021 for cancellation of Letter of Approval of the SEZ-Unit. The unit has been granted Final Exit order from SEZ Scheme under Rule 74 of SEZ Rules, 2006 on 03.09.2021. Reasons for change in Status from Unit to Co-Developer : The Unit had stated that they have not started the commercial operation from the said plot of land in the capacity of a Unit holder and due to COVID-19 pandemic, their business is badly impacted, therefore, they don’t foresee utilization of entire land of their own use as one of the biggest contracts with one overseas company could not be concluded for which they were planning for such a big infrastructure for setting up SEZ Unit. Therefore, no construction activity was started from the said plot of land and their management has decided to develop said plot of land with application for obtaining Co-Developer status instead of Unit, as of now and subsequently set up their own Unit on 1* Floor of IT-ITES purpose and lease the balance space to other small prospective SEZ Units. They intend to invest an amount of Rs. 10.0012 Cr.

t, as of now and subsequently set up their own Unit on 1* Floor of IT-ITES purpose and lease the balance space to other small prospective SEZ Units. They intend to invest an amount of Rs. 10.0012 Cr. for the project. The Net Worth of the Company is Rs.50.31 crores. The Co-developer propose to undertake co-developer activities over an area of 4391 sq. mtrs and to construct total 47264.72 sq.ft. of built up area and has proposed total revenue of Rs. 1070.83 Lacs with total employment of 486 (including direct and indirect employment from the units in the SEZ) over a period of 5 years. M/s. Mindspace Infratech Pvt. Ltd. has entered into a Co-developer Agreement dated 25.03.2021 with the Developer i.e. MIDC. 16

Recommendation by DC, SEEPZ SEZ: DC SEEPZ SEZ has recommended the proposal for grant of Co-Developer status to M/s. Mindspace Infratech Pvt. Ltd. under Section 3(11) of SEZ Act, 2005. 106.4(iii) Request of M/s. Infinit Infratech LLP., for approval as a Co-Developer in Plot No. 13/4, MIDC-IT/ITES 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 said SEZ has been granted formal approval on 03.04.2006 for total 223.56 Ha and notified on 07.06.2007. DC has informed that LoA was issued to M/s. Infinit Technovision Pvt. Ltd. as an IT/ITES Unit on the same plot, Plot No. 13/4, MIDC-SEZ on 30.04.2015.

for total 223.56 Ha and notified on 07.06.2007. DC has informed that LoA was issued to M/s. Infinit Technovision Pvt. Ltd. as an IT/ITES Unit on the same plot, Plot No. 13/4, MIDC-SEZ on 30.04.2015. As the unit did not commence operations within one year period and also did not apply for extension of LOA, the LOA of the Unit lapsed on 29.3.2016. The plot was initially allotted to M/s. Infinit Technovision Pvt. Ltd. and the same has subsequently been transferred to M/s. Infinit Infratech LLP by MIDC Plot transfer-order dated 14.06.2021 for plot bearing No. 13/4 admeasuring 8216 sq. mtrs. As such, now the plot has been allotted by MIDC to M/s, Inifinit Infratech LLP. Now, M/s. InfinitInfratech LLP which is a newly incorporated Limited Liability Partnership firm in February 2021, intends to take approval as a Co-developer status for construction of all type of buildings in processing area, operation and maintenance of infrastructure and leasing of floors to SEZ units in terms of Instruction No. 50 issued by MOC&I. The proposal for co-developer status was earlier considered in the 105" meeting of the BoA

on 29.07.2021 wherein DoR noted that it is not clear from the proposal if the unit has remitted all the dues payable at the time of exit and accordingly directions were given to confirm the status of dues and exit of the unit in writing. DC has informed that based on the observations of BoA, M/s Infinit Technovision Pvt. Ltd. had applied for final exit from SEZ scheme under Rule 74 of the SEZ Rules, 2006.

exit of the unit in writing. DC has informed that based on the observations of BoA, M/s Infinit Technovision Pvt. Ltd. had applied for final exit from SEZ scheme under Rule 74 of the SEZ Rules, 2006. M/s Infinit Infratech LLP has been granted final exit order on 06.09.2021. Mss. Infinitv Infratech LLP has entered into a co-developer agreement dated 16.06.2021 with MIDC (Developer). a. Investment and Source of Finance: As per the proposal, they have projected the following: Amt. (Rs. In Lacs) Cost of project ILandCost ______॒œ_॒œ_॒œ_॒œ_॒œ_॒œ_॒œ_॒œ_॒œ_॒œ[॒œ[८ैढैढ Cost 461.88 Security Complex, Utility Bldg., SEZ Office etc. 100.00 [Boundary Wall, roads other utilities 200.00 [Building Construction ete 600.01 OTAL 1361.8: 17

of Loans and advances to the tune of Rs. 1361.88 lakhs e Reasons for change in status from Unit to Co-Developer : M/s. Infinit Technovision Pvt. Ltd had not started commercial operations from the said plot of land in the capacity of a Unit. Therefore, no construction activity had been started on the said plot of land. The Unit intend to become co-developer to construct and develop the existing and remaining land parcel for optimum utilisation with available FSI and lease out plug & place spaces to prospective IT companies for running their business from the SEZ Campus which will contribute to export growth and generate additional employment. As such, M/s.

I and lease out plug & place spaces to prospective IT companies for running their business from the SEZ Campus which will contribute to export growth and generate additional employment. As such, M/s. Infinit Infratech LLP propose to become a Co-Developer and construct new IT space which will be leased to prospective SEZ units in turn who will generate additional export revenue and employment Space/Land details and proposal for construction: Total land parcel — 8216 sq.mtrs. (88436.29 sq.ft.) The unit has proposed a total revenue of Rs. 906.24 Lacs with total employment of 425 (including direct and indirect employment from the SEZ Units) over a period of 5 years. Recommendation by DC, SEEPZ SEZ: In pursuance of No dues issued by the Specified Officer and Final Exit order granted to M/s Infinit Technovision, DC, SEEPZ SEZ has recommended the proposal for grant of approval as Co- Developer status to M/s. Infinit Infratech LLP under Section 3(11) of SEZ Act, 2005. 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. हु SEEPZ has two existing distribution licensees namely, M/ s. Adani Electricity Mumbai Limited- AEML (Earlier Reliance Infrastructure (Limited) and M/s. Tata Power Company Limited- TPC, to supply electricity to the Units (consumers) within SEEPZ through their own networks. The cost of power presently being supplied by AEML and TPC is approximately in the range of Rs.9-10 per unit for various categories of consumers within the SEEPZ Area.

EPZ through their own networks. The cost of power presently being supplied by AEML and TPC is approximately in the range of Rs.9-10 per unit for various categories of consumers within the SEEPZ Area. In order to reduce manufacturing costs and to enable manufacturers in SEEPZ to sustain in the face of competition, it was important that apart from the fiscal benefits, units in SEEPZ-SEZshould have a separate Tariff so that cost of export production is lowered with consequential increase in their competitiveness. It was discussed in the Video conference held with the Hon'ble CIM with the representative of GJEPC and the Association requesting Ministry to intervene in the matter for lowering the tariff burden on the industries which would help majority on consumers and eliminate cross subsidy and the tariff can be reduced from the present rate resulting in lower power cost to consumers. SEEPZ-SEZ Authority accordingly initiated the process for a separate distribution licensee thereby appointing a separate company as Co-Developer subject to approval of MERC as per the section 17 of Electricity Act, 2003. 18

dingly initiated the process for a separate distribution licensee thereby appointing a separate company as Co-Developer subject to approval of MERC as per the section 17 of Electricity Act, 2003. 18

30.09.2020 for reduction of tariff charges for electricity in SEEPZ and the Authority approved the implantation of reduction of tariff charges for electricity in SEEPZ-SEZ and agreed to float a tender viz. Expression of Interest and also directed to scrutinize the EOI for which a consultant may be appointed for the execution of the said proposal. On the basis of NIT for Expression of interest for developing a methodology for reducing current Electricity Tariff of consumers within SEEPZ area by taking adequate steps to operationalize the Deemed Distribution License as per provision of ElectricityAct, 2003 or by any other method only one agency viz. M/s. AEML SEEPZ Ltd. participated in the tender. The Tender Committee recommended, to award the tender of M/s. AEML, subject to approval as a co-developer by BOA. The selection of M/s. AEML SEEPZ Ltd. was placed in the 44th Authority meeting held on 03.03.2021 informing the members that the work order is being issued to M/s. AEML. Further, M/s. AEML SEEPZ Ltd. has submitted a Form A-1 vide letter dated 07.09.2021 and stated that AEML shall file an application before Hon'ble MERC under Section 17 (3) of the Electricity Act, 2003, for transfer of assets of AEML Regulatory books in SEEPZ-SEZ area to AEML SEEPZ Limited including, normative regulatory loan, etc. as may be approved by Hon'ble MERC.

3. of the Electricity Act, 2003, for transfer of assets of AEML Regulatory books in SEEPZ-SEZ area to AEML SEEPZ Limited including, normative regulatory loan, etc. as may be approved by Hon'ble MERC. Upon grant of approval by Hon’ble MERC, AEML SEEPZ Ltd. shall carry out the distribution operations in SEEPZ-SEZ area with the assets transferred from AEML. There will not be any requirement of a Network Rollout Plan. Hence no capital expenditure will be required for network roll out. The co-developer proposes to cover the total area of SEEPZ SEZ i.e. 3,75,013 sq. mtr and the additional area of 11 acres merged in 2002. However, yearly capital expenditure shall be required for augmentation/ improvement of distribution network for catering to additional load of consumers in SEEPZ-SEZ area. Additional capitalization of Rs.5 crore per annum is considered towards network improvement for catering to additional load of existing consumers. This would be however, subject to the actual development and consequently the actual load materialization over-time, subject to approval by the Hon’ble MERC. AEML SEEPZ Ltd. is an SPV of Adani Electricity Mumbai Limited (AEML), a Distribution Licensee holding a licence issued by the Hon'ble MERC. The net worth of AEML for FY 20-21 till 30th September, 2020 is Rs.4,512.15 crore. A copy of Agreement between SEEPZ-SEZ Authority and M/s. AEML SEEPZ Limited has been provided. Recommendation by DC, SEEPZ SEZ: The proposal has been examined and recommended with the following observations: i. M/s AEML 55877 Ltd.

Z-SEZ Authority and M/s. AEML SEEPZ Limited has been provided. Recommendation by DC, SEEPZ SEZ: The proposal has been examined and recommended with the following observations: i. M/s AEML 55877 Ltd. has submitted Form A1 in prescribed format. ii, The applicant has submitted application for approval of co-developer status for developing methodology for reducing current Electricity Tariff of consumers within SEEPZ area by taking adequate steps to operationlize the Deemed Distribution License as per provision of Electricity Act, 2003 or by any other method. Therefore, the proposal is recommended for approval of co-developer for implementation of reduction of tariff charges for electricity in SEEPZ SEZ for consideration of the BoA. 19

106.4(v) Request of International Financial Services Centres Authority (IFSCA), for Approval as Co-Developer in Multi Services SEZ at Ratanpur, District Gandhinagar, Gujarat, developed by M/s. GIFT SEZ Limited. M/s. GIFT SEZ Limited, Gandhinagar, was approved by the Government of India, vide Formal Approval dated 07.01.2008, for setting-up sector specific SEZ for multi-services at Villages Ratanpur and Phiropur, District Gandhinagar, Gujarat, and notified vide Notification dated 18.08.2011 over an area of 105.4386 hectares. Thereafter, the Government of India enacted the International Financial Services Centres Authority Act, 2019 (No.

t, and notified vide Notification dated 18.08.2011 over an area of 105.4386 hectares. Thereafter, the Government of India enacted the International Financial Services Centres Authority Act, 2019 (No. 50 of 2019) by which functions and powers of 1) The Reserve Bank of India; 2) The Securities and Exchange Board of India; 3) The Insurance Regulatory and Development Authority of India; and 4) The Pension Fund Regulatory and Development Authority, were unified exclusively for servicing/regulating approved units in IFSC-SEZ at GIFT-multi- services-SEZ, Gandhinagar. Further, the Government of India vide Notification No. S.O. 1383 (8), dated 27.04.2020, notified establishment of IFSC Authority (IFSCA) and the head office of the Authority to be at Gandhinagar, Gujarat.

the said IFSC Authority vide their application in Form-A1, dated 04.09.2021 have sought approval as a Co-Developer in GIFT-multi-services-SEZ Gandhinagar, Gujarat, for development and regulation of International Financial Services Centres and has the development rights for 3,00,000 sq. ft. (27,870.91 sq. mtrs.) of built-up area for development of IFSCA Headquarters (IFSCA HQ) building within GIFT-SEZ processing area. The said application is accompanied by Co-developer’s Agreement, and draft lease-cum-development Agreement (Lease Deed).

ent of IFSCA Headquarters (IFSCA HQ) building within GIFT-SEZ processing area. The said application is accompanied by Co-developer’s Agreement, and draft lease-cum-development Agreement (Lease Deed). The draft lease agreement is for 99 years. Since the GIFT-multi-services SEZ, Gandhinagar is functional with over 300 plus broad sector services units approved including the financial services units of Banks, Insurance companies, Stock Exchanges, Clearing Houses, related units aviation products/services leasing companies, other ancillary services units, and upcoming products exchanges, marines services units, which requires the facilitation, guidance, services of the IFSC Authority, it is appropriate for the said Authority to have its own premises to cater to their requirement and other approved entities. Recommendation by DC, GIFT SEZ: In view of the increase in economic activity and other developments at GIFT-SEZ, Gandhinagar, DC has recommended the proposal of International Financial Services Centres Authority, Gandhinagar, as a Co-Developer in the above notified SEZ, subject to approval by the Board of Approval. 106.5 Change of name, shareholding pattern, merger/demerger etc. (five proposals) 106.5(i) Request for approval of change of 100% shareholding pattern in the co- developer entity - Mundra International Airport Pvt. Ltd. (MIAPL) from Adani Ports and SEZ Ltd. to Adani Airport Holdings Limited. Mundra International Airport Pvt. Ltd.

areholding pattern in the co- developer entity - Mundra International Airport Pvt. Ltd. (MIAPL) from Adani Ports and SEZ Ltd. to Adani Airport Holdings Limited. Mundra International Airport Pvt. Ltd. (MIAPL), a subsidiary of Adani Ports and SEZ Ltd. had been granted co-developer status in Adani Ports and Special Economic Zone, Mundra, Kutch to develop, operate and maintain a full-fledged airport with required facilities for cargo and passenger facilities. 20

Airport Holdings Limited (AAHL), thereby MIAPL shall become a 100% subsidiary of AAHL. AAHL is the 100% subsidiary of Adani Enterprise Ltd. which is currently operating several airports in the country and also developing greenfield airport at Navi Mumbai. The proposal of transfer of shareholding has been approved through a Board Resolution dated 14.07.2021. It has been stated that the airport operations require vigorous monitoring for safety and regulatory compliances, therefore to undertake activities in a focused manner, they have decided to consolidate all airport business activities of the group into the Airport Company in Adani Airport Holdings Pvt.

mpliances, therefore to undertake activities in a focused manner, they have decided to consolidate all airport business activities of the group into the Airport Company in Adani Airport Holdings Pvt. Ltd (AAHL). The Co-Developer has further informed that apart from change in shareholding pattern, there is no change in the co-developer status of the Company and MIAPL shall continue as a co- developer to operate the activities in APSEZ as going concern and agree to fulfil the conditions a stipulated in Instruction no.89 dated 17.05.2018. The details of existing and proposed shareholding pattern is as below: Authorized Capital : 35,00,000 Equity Shares of Rs.10 each Paid-up Capital —_: 35,00,000 Equity shares of Rs.10 each Shareholding pattern - Current shareholding pattern — after transfer embers Shares Held % Members Shares Held % Adani ?णाॉा5.. ४1034,99,900 | Adani Airport]34,99,900 | | Special Economic Holdings Limited one Limited (AAHL) APSEZL unjal Mehtal50 | | Mr.

rs Shares Held % Members Shares Held % Adani ?णाॉा5.. ४1034,99,900 | Adani Airport]34,99,900 | | Special Economic Holdings Limited one Limited (AAHL) APSEZL unjal Mehtal50 | | Mr. Ravi Taparial50 P| Nominee off (Nominee 0 APSEZL) AAHL) Kamlesh Bhagiall0 a Mr.Dharmesh Po 0 P| (Nominee APSEZL) Desai (Nominee 01 AAHL) Anish Shal P| r.Viresh Pe | | | (Nominee off hauhan [APSEZL) jominee off AAHL) JJaymeen Patel | | | | Mr.Tushar Sha | | P| (Nominee off (Nominee off IAPSEZL) AAHL) Abhishek Bansal | | | | rKapil Batra | | P| (Nominee off (Nominee off APSEZL, AAHL) Janmejay Bhatt]10 r.Ashu Shahj10 | | (nominee off (Nominee off APSEZL) AAHL) otal 5,00,000 100 | 35,00,000 100 Recommendation by DC, APSEZ, Mundra: The proposal is recommended by DC, APSEZ, Mundra for placing before the Board of Approval. 21

Utilities Limited (co-developer) from Adani Ports and SEZ Ltd. to Adani Transmission Limited. MPSEZ Utilities Limited (MUL) has been granted co-developer status in Adani Ports and Special Economic Zone, Mundra, Kutch for carrying out the business of distribution of electricity and other utilities within the SEZ. The co-developer has proposed to transfer 100% of their equity shareholding from Adani Ports and Special Economic Zone Ltd (APSEZL) to Adani Transmission Limited (ATL) in order to enable the co-developer leverage the expertise developed by ATL in the distribution arena.

ding from Adani Ports and Special Economic Zone Ltd (APSEZL) to Adani Transmission Limited (ATL) in order to enable the co-developer leverage the expertise developed by ATL in the distribution arena. It has been stated that such transfer of the shareholding shall also enable them extend world class experience to the end customers in the SEZ. The proposal of transfer of shareholding has been approved through their Board Resolution dated 14.07.2021. The Co-Developer has further informed that apart from change in shareholding pattern, there is no change in the co-developer status of the Company and MUL shall continue as a co- developer to operate the activities in APSEZ as going concern. The details of existing and proposed shareholding pattern is as below:- Authorized Capital : 1,31,50,000 Equity Shares of Rs.10 each Paid-Up Capital —: 1,31,35,000 Equity Shares of Rs.10 each Shareholding pattern- current hareholding pattern — After transfer embers Sharesheld _|% [Members _[Sharesheld _|% Adani —- Ports{1,31,34,900 100 Adani 1,31,34,900 —|100 land — Special] ransmission [Economic imited (ATL) ‘one Limite APSEZL) Kunjal Mehtal50 नि¢ 1... 81807 50 नि¢ (Nominee of Shukla IAPSEZL) (Nominee off ATL Kamlesh 10 ir. Ja a 0 mm IBhagia Ambani (Nominee off (Nominee off APSEZL. ATL) [Anish Shai Po | | IMr.Chetania | | P| (Nominee off Shah (nominee} |APSEZL) of ATL Jaymeen Pate! | | IMr.Pritesh 10 7 (Nominee off Shah APSEZL) (Nominee off IATL) \Abhishek 10 .ChiragSoni|10 Bansal (Nominee off (Nomine of IATL) IAPSEZL) 22

h (nominee} |APSEZL) of ATL Jaymeen Pate! | | IMr.Pritesh 10 7 (Nominee off Shah APSEZL) (Nominee off IATL) \Abhishek 10 .ChiragSoni|10 Bansal (Nominee off (Nomine of IATL) IAPSEZL) 22

Janmejay 10 0 IMr. Ravi Jainj10 Bhatt lominee off (Nominee off ATL) IAPSEZL) otal 1,31,35,000 100 ___| 1,31,35,000 [100 Recommendation by DC, APSEZ, Mundra: The proposal is recommended by DC, APSEZ, Mundra for placing before the Board of Approval. 106.5(iii) Request for change of name of M/s Nokia Telecom SEZ Park Society, co- developer at Nokia Telecom SEZ located at SIPCOT Industrial Park, Kancheepuram Distt., Tamil Nadu to M/s Salcomp Industrial Park Society. M/s. Nokia Telecom SEZ Park Society is the Co-Developer at Nokia Telecom SEZ, SIPCOT Industrial Park, Phase-III- Al, Sriperumbudur, Kancheepuram District, Tamil Nadu, an IT/ITES SEZ spread over a notified area of 63.6132 hectares. The SEZ is operational. As informed by DC, the co-developer has submitted that M/s Salcomp Industrial Park Society have become the major shareholder in M/s Nokia Telecom SEZ Park Society hence, the management of M/s Salcomp Industrial Park Society has decided to change the name of the Society. The same has been proposed and approved in the Society's General Body meeting held on 13st January, 2021. The Co-Developer has also stated that consequent upon the change, there have not been any other changes made other than to society name change.

iety's General Body meeting held on 13st January, 2021. The Co-Developer has also stated that consequent upon the change, there have not been any other changes made other than to society name change. 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. 4 co-developer has provided the Certificate of Registration in the name of M/s Salcomp Industrial Park Society issued under Tamil Nadu Societies Registration Act, 1975 on 24.02.2021. Recommendation by DC, MEPZ SEZ: The request of the Co-Developer for approval of their change of name of the Society from M/s Nokia Telecom SEZ Park Society to M/s Salcomp Industrial Park Society is recommended for consideration of BOA. 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. M/s. Phoenix Ventures Pvt. Limited was issued formal approval on 26.04.2017 for setting up an IT/ITES SEZ at Sy. No. 35 P & 36, Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, Telangana and stands notified over an area of 2.89 hectares. M/s. Experion Hospitality (Hyderabad) Pvt. Ltd. was issued formal approval on 1.10.2018 as co-developer for providing infrastructure facilities and other operations in built up space of 83,610 sq.ft.

M/s. Experion Hospitality (Hyderabad) Pvt. Ltd. was issued formal approval on 1.10.2018 as co-developer for providing infrastructure facilities and other operations in built up space of 83,610 sq.ft. in the above SEZ. The co-developer has informed that the developer has proposed to acquire the entire ownership of their company through purchase of shares from the present shareholders of Experion. 23

The present shareholders have issued their consent for sale of shares of Experion to the above developer. \Present shareholding Post shareholding pattern ame of shareholder |Shareholding % Name of shareholder |Shareholding % IM/s. Experion|100 i/s. Phoenix Ventures100 Hospitality Pvt. Ltd. and its (Hyderabad) Pvt. Ltd) Inominees land it nominees DC informed that the Office of the Directorate of Enforcement, Jaipur vide letter dated 10.07.2020 had informed of certain inquiries being conducted by their office 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. The matter was examined in DoC and vide letter dated 09.08.2021 requested ED, Jaipur to convey the status of the enquiry along with their comments/no objection to the proposed transfer of shares to the Developer. In response, Assistant Director, ED, Jaipur vide letter dated 17.08.2021 has informed that investigation in the matter is underway. That, no such direction to take No Objection Certificate from them has been given.

sistant Director, ED, Jaipur vide letter dated 17.08.2021 has informed that investigation in the matter is underway. That, no such direction to take No Objection Certificate from them has been given. Therefore, suitable action as per applicable law may be taken in the matter. It was decided to invite representative of ED Jaipur in the BOA meeting for this matter. Recommendation by DC, VSEZ: The request of M/s. Experion Hospitality (Hyderabad) Pvt. Ltd. for transfer of shareholding pattern of their company to M/s. Phoenix Ventures Pvt. Ltd. has been forwarded for consideration. 106.5(v) Request of M/s. TRIL InfoPark Limited (Developer) for taking on record change in shareholding pattern of the developer. M/s. TRIL Infopark Limited is the Developer of TRIL Infopark Limited SEZ an IT/ITES SEZ bearing LOA dated 20.08.2008 spread over an area of 10.115 hectares at Old Mahabalipuram Road, Chennai, Tamil Nadu. This is an operational SEZ. The developer has intimated about the change in shareholding pattern and consequent change in the Board of Directors of the company for approval of BoA. The sale of shares has been approved by the Board Resolution. The details of the present and the new Shareholding Pattern are as follows: |Current Share Holding Pattern Proposed Shareholding pattern lame of shard% offNo. of sharesName of shar@% offNo.

tion. The details of the present and the new Shareholding Pattern are as follows: |Current Share Holding Pattern Proposed Shareholding pattern lame of shard% offNo. of sharesName of shar@% offNo. of shares older Shareholding eld holder Shareholding eld Equity shares ata Realty and 83.85) 628,899,994Tata Realty and 4 74,99,99,994 astructure infrastructure Limited (TRIL, Limited (TRIL, ‘ata Realty थआात॑__0.॥0_ (७694 Realty and | | /| 24

frastructure lInfrastructure Limited Jointl: [Limited Jointl: with 6 with 6 individuals individuals |The Indiat 9.4 7,11,00,000 [Hotels Compan [Limited (IHCL) ‘amil Nad क्र 5,00,00, 00 industrial [Development (Corporation |Limited TIDCO) ‘otal | 100.00_ 75,00,00,00 | 1070 _75,00,00,00| Consequent upon the change in shareholding pattern of the company, the company has submitted the present and post list of Directors which are as follows: Present list of Directors as on 01.09.2021 Proposed list of Directors 91. No. Name of the Director DIN No. _|Name of the Director DIN No. | | ‘ (Mr. Sanjay Dutt]05251670 = |Mr. Sanjay Dutt}05251670 (Nominated by Tata Real! nominated by Tata Realt 2 Mr. Bhavesh Madekal06604406 rt. Bhavesh Madeka\06604406 (Nominated by Tat (Nominated by Tata Realt; Realt 3) s. Reshma Chhedaj08364424 [Ms.

by Tata Real! nominated by Tata Realt 2 Mr. Bhavesh Madekal06604406 rt. Bhavesh Madeka\06604406 (Nominated by Tat (Nominated by Tata Realt; Realt 3) s. Reshma Chhedaj08364424 [Ms. Reshma Chhedal08364424 (Nominated by Tata Real lominated by Tat: Realty)

is Senthil Kumar07283218 (Nominated by TIDCO) Recommendation by DC, MEPZ: The request of the developer for taking on record the change in shareholding pattern and consequent change in the Board of Director is recommended for consideration of BoA. 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. DC, KASEZ has granted permission/approval to following SEZ units in Kandla SEZ for procurement of sand/soil and other infrastructure material for undertaking authorized operations in SEZ, in terms of provisions of Rule 27 of SEZ Rules, 2006 under delegation of powers to the Development Commissioner vide MoC&I letter dated 18.05.2020: - Sr. No. [Name of the Unit \Materials permitted |Quantity Permitted|Date of approval [1. |Schmetz India Pvt. Ltd. [Sand 100 MT 05.07.2021 2. JMBM Warehousing Sands 60 MT 05.07.2021 3. IMission Pharma Logistics |Sand 50 MT 09.07.2021 (1018) Pvt. Ltd. [4. [Transworld Furtichem Pvt, [Sand SSB MT 05.08.2021 25

100 MT 05.07.2021 2. JMBM Warehousing Sands 60 MT 05.07.2021 3. IMission Pharma Logistics |Sand 50 MT 09.07.2021 (1018) Pvt. Ltd. [4. [Transworld Furtichem Pvt, [Sand SSB MT 05.08.2021 25

td. 3 [Kutch Polymers Sand 60 MT 05.08.2021 Recommendation by DC, KASEZ: The permission granted to above units is submitted before the BoA for ratification. 106.6(ii) Procurement of sand/soil by SEZ units in various SEZs under DC, VSEZ and ratification of approval granted under delegation of powers granted to Development Commissioner. DC, VSEZ has granted permission/approval to following SEZ units for procurement of sand/soil and other infrastructure material for undertaking authorized operations in SEZ, in terms of provisions of Rule 27 of SEZ Rules, 2006 under delegation of powers to the Development Commissioner vide MoC&I letter dated 18.05.2020: - ISL. No. IName of the Unit IName —_ ofMaterial Permitted [Date of ISEZ quanti approval |= | IM/s. Mylan Laboratories |Ramky SEZ|Sand 200 MT 20.11.2020 Ltd. 2, M/s. Eisai Pharmaceuticals |Ramky SEZ = | 200 MT 26.04.2021 India Pvt. Ltd. 3, M/s. Granules Omnichem |Ramky SEZ|M. Sand 2,200 cubic 16.08.2021 Pvt. Ltd. meter 4, IM/s. Granules Omnichem |Ramky SEZ|River Sand 3,600 cubic 16.08.2021 Pvt. Ltd. meter

IM/s. Granules Omnichem {Ramky SEZ|Soil (Murram) | 800 cubic meter] 16.08.2021 vt. Ltd. | | IM/s.

er 4, IM/s. Granules Omnichem |Ramky SEZ|River Sand 3,600 cubic 16.08.2021 Pvt. Ltd. meter

IM/s. Granules Omnichem {Ramky SEZ|Soil (Murram) | 800 cubic meter] 16.08.2021 vt. Ltd. | | IM/s. Jyothi Quartz Surfaces|APIIC BldgJSand 1500 MT 16.08.2021 Product SEZ Recommendation by DC, VSEZ: The permission granted to above units is submitted before the BoA for ratification. 106.6(iii) Proposal of M/s Laxmi Ideal Interiors 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, BagruKhurd&Newta, Tehsil-Sananer, Distt. Jaipur, Rajasthan. M/s, Laxmi Ideal Interiors was granted LoA on 06.01.2020 for setting up of unit in the Handicraft SEZ (now merged as Multi-Product SEZ) of Mahindra World City (Jaipur) Ltd. at Jaipur (Rajasthan) subsequently amended on 13.04.2021 for manufacturing of handicraft items. The unit had commenced its operation w.e.f. 08.06.2012 and after completion of first five years, the LOA of the unit has been renewed upto 07.06.2022. The unit had proposed inclusion of additional items in the LoA. The Approval Committee in its meeting held on 22.03.2021 had approved the proposal for inclusion of various items, while considering the proposal of the unit for inclusion of additional items of manufacture in LOA, the Approval Committee clarified that procurement of Mother of Pearl (ITC HS Code 96019090) is 26

while considering the proposal of the unit for inclusion of additional items of manufacture in LOA, the Approval Committee clarified that procurement of Mother of Pearl (ITC HS Code 96019090) is 26

Approval Committee pointed out that procurement of the restricted item i.e. Mother of Pearl from DTA can be allowed by Board of Approval. As informed by DC, NSEZ, the unit requested to allow procurement of Mother of Pearl (ITC HS Code 96019090) from DTA for manufacturing of following items:- Items description ITC(HS) Code Artistic/Handicraft item made of Bone Inlay, Mother of — 96019090, 4414000 Pearl, Iron, brass, aluminium, silver leather, ceramic, glass & other handicraft items Handicraft Stone tiles, Handicrafted Raku Ceramic Tiles, |68022900, 691 49000, 74199930, Handicrafted Shattered Glass tiles (with & without inlay |70139900, 70200090 work), Handicrafted Wooden with Metal Tiles, Handicrafted glass with Metal Tiles, Handcrafted marble(with & without inlay work) Limistone Sandstone, Granite (with & without work) sand stone, Qurtzite, Handicrafts all type of stone with inlay work with] Mother of Pearl, Lapis Lazuli, Malachite, Agates & Other Coloured stones, Handicrafts glass tiles with inlay work with Mother of Pearl, Lapis Lazuli, Malachite, Agates & Other Coloured Stones. The BoA in its meeting held on 29.07.2021, while considering the proposal of the Unit for procurement of “Mother of Pearl” as raw material observed as below: “fourth proviso under Rule 27(1) of the SEZ Rules, provides for supply of raw material

le considering the proposal of the Unit for procurement of “Mother of Pearl” as raw material observed as below: “fourth proviso under Rule 27(1) of the SEZ Rules, provides for supply of raw material (restricted) to SEZ unit for undertaking a manufacturing operation except refrigeration, cutting, polishing and blending with the prior approval of BoA. The issue that the proposed manufacturing activity of the unit involved cutting and grinding was raised. The Board, afier deliberations, decided to defer the proposal with the direction to DC, NSEZ to examine the activity proposed by the unit and submit a report.” As informed by DC, NSEZ, the unit has submitted manufacturing process of “Articles decorated with Mother of Pearl”. The same is reproduced below:- Step Procedure No. | | ‘ooden product manufactured with carving/plain product of the design in SEZ unit on which inlay should happen 2__|Product sent to DTA for job work for Mother of Pearl Inlay ३3 [DTA Vendor will fill & Affix The Mother of Pearl as per the design in the carved portion of the wood or on the plain/top of the surface. 4 [Quality Check is done at vendors place and if the product is found ok, it is sent! ack by vendor (DTA unit) to SEZ unit 5 [After receipt of article decorated with Mother of Pearl hardware is fixed and clear Lacquer is sprayed and final quality is checked before shipping/exported to counters like Australia, Europe, USA etc. 27

receipt of article decorated with Mother of Pearl hardware is fixed and clear Lacquer is sprayed and final quality is checked before shipping/exported to counters like Australia, Europe, USA etc. 27

2 by DC, NSEZ: The matter has been examined and this seems to be case of both sub-contracting covered under Rule 41 and domestic procurement of restricted items under Rule 27. This shall be subject to permission and NOC for the non-violation of CITES/Wildlife Crime Control Bureau. Since, this would provide flexibility to the Unit to meet its value added export orders, DC NSEZ recommends this proposal. The proposal is placed before BoA for consideration. 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. M/s. Pooja Scrap Industries, a unit in VSEZ was granted Letter of Approval on 15.12.1997 for recycling of imported scrap (Ferrous & Non-Ferrous). The unit had commenced production w.e.f 31.09.1999 and continuing its operations in the zone since then. The Letter of Approval granted to the unit was extended from time to time as per the provisions of the SEZ Rules, 2006. The last extension was granted by DoC vide letter on 16.01.2020 for a further period of two years ie.

granted to the unit was extended from time to time as per the provisions of the SEZ Rules, 2006. The last extension was granted by DoC vide letter on 16.01.2020 for a further period of two years ie. from 31.08.2019 to 30.08.2021 in the block period of five years i.e., from 31.08.2019 to 30.08.2024 to see the performance of the unit and further extension shall be considered by the Board. DC has informed that during the extended period of two years i.e. from 31.08.2019 to 30.08.2020, the unit has affected exports for a value of Rs.9448.00 lakhs and imported goods for a value of Rs.9285.00 Lakh. Upon expiry of the Letter of Approval the unit has requested for extension of the validity of the LoA for the balance period of three years i.e., 31.08.2021 to 30.08.2024. As per the provisions of the SEZ Rules 2006, the performance of the unit has been reviewed for extended period of two years i.e., 31.08.2019 to 30.08.2021 to see the performance of the unit and the review of the performance revealed that the unit has a positive NFE of Rs. 163.00 lakhs. At the time of submission of the request earlier for extension/renewal of the Letter of Approval for a further period of five years, the unit had informed that they have taken additional space and added new machinery in the unit like Rotary Furnace, Skelner Furnace, ingot casting machine, Spectrometer, Pollution control equipment with an additional investment of Rs.2.80 crores.

ional space and added new machinery in the unit like Rotary Furnace, Skelner Furnace, ingot casting machine, Spectrometer, Pollution control equipment with an additional investment of Rs.2.80 crores. The unit has informed that they are planning to manufacture value added products like Aluminum Ingots, Aluminum Billets, Aluminum circles with the help of the above machinery and export the same to the international customers. The unit has furnished the projections earlier for the next five years as per which the exports projected were Rs.157.75 Cr. and foreign exchange outflow is Rs.140.00 Cr. and NFE is Rs.17.75 crores. The unit has informed that they will employ nearly 105 persons both of skilled and semi-skilled work force. Keeping in view of the above, the unit has requested for extension of the validity of the Letter of Approval for a further period of five years from 31.08.2021 to 30.08.2024. In terms of Rule 18(4) (d) of SEZ Rules,2006 — No proposal shall be considered for import of other used goods for recycling provided that extension of letter of approval for an existing unit shall be decided by the Board. 28

of SEZ Rules,2006 — No proposal shall be considered for import of other used goods for recycling provided that extension of letter of approval for an existing unit shall be decided by the Board. 28

and the unit is continuing its operations in the Zone for the last 24 years and running the operations since then in the zone, the unit is an existing unit as such M/s.Pooja Scrap Industries is covered under sub-rule(d) of Rule-18(4) of SEZ Rules,2006 (import of other used goods for recycling which requires the approval of BoA. Recommendation by DC, VSEZ: The request of M/s.Pooja Scrap Industries for extension/renewal of the validity of the Letter of Approval for the balance period of three years i.e., from 31.08.2021 to 30.08.2024 for recycling of imported scrap (Ferrous and Non-ferrous) is forwarded duly recommending the proposal for extension/renewal of the validity of the Letter of Approval for a further period of three years i.e., from 31.08.2021 to 30.08.2024. 106.7(ii) Request of M/s. Reliance Aerostructure Ltd., co-developer, MIHAN SEZ for increase in area from existing 104 acre to 123.85 acre i.e. increase by 19.85 acre at Plot No.4B, Sector-9, Mihan SEZ. M/s Reliance Acrostructure Ltd. has been granted Formal Approval on 19.07.2017 as Co- Developer for providing infrastructure facilities at MIHAN SEZ over an area of 104 acres at Plot No. 3 & 4 A, MIHAN SEZ.The Bond cum LUT for Co-Developer has been executed and accepted by Development Commissioner, MIHAN SEZ on 30.10.2017.

facilities at MIHAN SEZ over an area of 104 acres at Plot No. 3 & 4 A, MIHAN SEZ.The Bond cum LUT for Co-Developer has been executed and accepted by Development Commissioner, MIHAN SEZ on 30.10.2017. Draft Co-developer Agreement entered into with the Developer has been provided. Now, M/s Reliance Aerostructure Ltd. has requested for addition of area i.e. Plot No. 4B, Sector-9, MIHAN SEZ admeasuring area of 19.85 acre. Recommendation by DC, MIHAN SEZ: The proposal of M/s Reliance Aerostructure Ltd. Co-Developer for addition of area i.e. Plot No. 4B, Sector-9, MIHAN SEZ admeasuring area of 19.85 acreis recommended for BOA consideration. 106.8 Request for Change in sector (one proposal) 106.8(i) Application of M/s. Arshiya Limited for change of sector of its Free Trade Warehousing Zone at Village Sai, Taluka-Panvel, Dist. Raigad, Maharashtra into ‘Multi Sector SEZ” in terms of Rule 6(A)(i) of the SEZ Rules, 2006. M’s. Arshiya Limited was granted LoA on 27.02.2009 by the DOC for setting up of Free Trade Warehousing Zone at Village Sai, Taluka-Panvel, Dist. Raigad, Maharashtra. The FTWZ stands notified over an area of 57.898 ha and is operational. DC, SEEPZ SEZ has informed that the developer vide their letter dated 05.11.2020 has submitted proposal in Form-C3 for change of sector from ‘Free Trade Warehousing Zone’ to ‘Multi-Sector SEZ’. The Industries, Energy and Labour Department of Government of Maharashtra has vide letter dated 27.07.2021 conveyed their ‘No objection’ for the change of FTWZ SEZ to Multi-sector SEZ.

i-Sector SEZ’. The Industries, Energy and Labour Department of Government of Maharashtra has vide letter dated 27.07.2021 conveyed their ‘No objection’ for the change of FTWZ SEZ to Multi-sector SEZ. It has further been informed that the entire notified area of 57.898 Ha is contiguous and meeting all the following conditions: 29

Minimum processing area requirement. FTWZ area duly demarcated being exclusively used for trading and warehousing purpose. Entry/Exit for each pocket of sector in total notified area of 57.898 Ha. pege As per Rules 5(2)(a) of SEZ Rules, 2006 (as amended vide Notification No. 940(E) dated 17.12.2019), “A Special Economic Zone or Free Trade Warehousing Zone other than a Special Economic Zone for Information Technology or Information Technology Enabled Services, Biotech or Health (other than hospital) service, shall have a contiguous land area of fifty hectares or more.” Recommendations of DC, SEEPZ SEZ: In view of the above, the request of the applicant M/s. Arshiya Limited FTWZ for change in sector from Free Trade and Warehousing Zone to Multi Sector - SEZ in terms of Rule 6(A)(i) of SEZ Rules, 2006 is recommended to the Board of Approval for consideration. 106.9 Proposal for setting up of SEZ (two proposals) 106.9(i) Request of M/s. Dahej SEZ Limited for setting up of a Multi-Product SEZ at Pakhajan, Tal. Vagra, Dist.

ard of Approval for consideration. 106.9 Proposal for setting up of SEZ (two proposals) 106.9(i) Request of M/s. Dahej SEZ Limited for setting up of a Multi-Product SEZ at Pakhajan, Tal. Vagra, Dist. Bhaurch, Gujarat over an area of 650 Ha. As per DoC’s letter dated 07.01.2019, the documents/conditions required for setting up of a Special Economic Zone in terms of the SEZ Act, 2005 and the SEZ Rules, 2006, and the latest status thereof are as below: [S. No.|Conditions ‘Documents required Status A. Documents required for setting up of SEZ in terms of Rule 3 of SEZ Rules, 2006: (i)}Completed Form-A (with enclosures) Yes, provided ¢ =Total Proposed : Rs, 955 Crore investment e FDI (in US $) : Nil © Proposed Exports : Rs. 290041 Crores by FY 2025 ¢ Employment (in Nos.) : 1* Year = 22908, 2TM Year = 34362, 3४ Year = 45816, 47 Year = 57270 and 50 Year = 68726 (iiJDC’s Inspection Report es, provided iii)State Government’s Recommendation Yes, provided (ivJRecommendation for National Security Clearance (NSC) from Ministry |DC, Dahej SEZ vide lette: lof Home Affairs as per Rule 3 of SEZ Rules, 2006. dated 08.09.2021 hag informed that so far ag guidelines of MHA, Gol] regarding (i) Cou Sensitivity, (ii Geographical —Sensitivit; land (iii) Sector Sensitivit lare concerned, National Security Clearance _ fro {HA is not required _fo ithe proposed new Multij Product SEZ at Pakhaja 30

tivity, (ii Geographical —Sensitivit; land (iii) Sector Sensitivit lare concerned, National Security Clearance _ fro {HA is not required _fo ithe proposed new Multij Product SEZ at Pakhaja 30

= Vagra, Di inimum area requirement (50 Ha) in terms of Rule 5 of SEZ Rules, 12006. es, the condition is met as the proposed land area iis 650 Ha. \Details to be furnished in terms of Rule 7 of SEZ Rules, 2006: i)Certificate from the concerned State Government or its authorised agenc stating that the Developer has: ¢ Legal Possession, and ° Irrevocable rights to develop the said area as SEZ, and ¢ That the said area is free from all encumbrance. DC has stated that the [Developer has got the possession of approx. 485} hectares of land fron (GIDC and remaining area lof land is in process 0 acquisition. The} Certificate will be lobtained and submitted 0] completion of remaining} land acquisition process. Possession Letter dated 12.11.2020 issued by GIDC handing over land larea admeasuring| 485.8475 Ha to DC, Dahej ISEZ has been provided. G jWhether the Developer has leasehold right over the identified area.

Letter dated 12.11.2020 issued by GIDC handing over land larea admeasuring| 485.8475 Ha to DC, Dahej ISEZ has been provided. G jWhether the Developer has leasehold right over the identified area. The lease shall be for a period not less than twenty years. DC has informed that 0 acquisition of land of [proposed SEZ, the [Developer will execute thd |Lease Deed with GIDC. (ii (16 identified area shall be Contiguous, Vacant and No thoroughfare. IDC has stated that the area lis contiguous, vacant and 10 thoroughfare. Rule position : In terms of Rule 6(1) of the SEZ Rules, 2006 regarding LoA to the Developer; The Central Government shall, within a period of thirty days of the communication received by it under clause (a) or clause (b) of Sub-section (9) of Section 3 of the Act grant following approvals: — (a) formal approval in the cases where land is in possession of the developer in Form-B to the person or the State Government concerned or in Form-C, if the approval is for roviding infrastructural facilities in the Special Economic Zone, Pi 1S ny 14 incorporating additional conditions, if any, specified by the Board while approving the proposal; (b) in-principle approval in other cases in Form-B 1 to the person or the State Government concerned, incorporating additional conditions, if any specified by the Board while approving the proposal. 31

in-principle approval in other cases in Form-B 1 to the person or the State Government concerned, incorporating additional conditions, if any specified by the Board while approving the proposal. 31

DC, Dahej has recommended the above proposal to grant In-principle approval with a validity period of one year. 106.9(4i) Proposal of M/s. VSF Projects Limited for setting up of a Multi-Product FTWZ at Ankulpaturu Village, SPSR Nellore District, Andhra Pradesh over an area of 50 Ha (132.96 Acres). As per DoC’s letter dated 07.01.2019, the documents and conditions required for setting up of a new SEZ and the status thereof are as below: - S.No. Conditions /Documents required Status JA. [Documents required for setting up of SEZ in terms of [Rule 3 of SEZ Rules, 2006: (6) (Completed Form-A (with enclosures) es, provided A. Total Proposed डर investment Rs.439.86 Crore 8. FDI (in US $) : 31 million Cc. Source of FDI : M/s. Red Cliffee Capital, | London, UK D. Employment (in Nos.) : 100 to 600 (ii) IDC’s Inspection Report es, provided (iii) State Government’s Recommendation es, provided (iv) Recommendation for National Security Clearanc@DC has confirmed that NSC is (NSC) from Ministry of Home Affairs as per Rule 3 ofnot required, ISEZ Rules, 2006. aa Minimum area requirement in terms of Rule 5 offYes, the condition is met. SEZ Rules, 2006.

onfirmed that NSC is (NSC) from Ministry of Home Affairs as per Rule 3 ofnot required, ISEZ Rules, 2006. aa Minimum area requirement in terms of Rule 5 offYes, the condition is met. SEZ Rules, 2006. he proposed area is 50 Ha. P| [Details to be furnished in terms of Rule 7 of SEZ Rules, 2006: (५) Certificate from the concerned State Government or its\Clear certificat lauthorised agency stating that the Developer has: recommendation for ir: e Legal Possession, and ‘evocable rights is not available, owever, A Certificate fro Revenue Inspector, Chillaku SEZ, and Mandal, SPSR Nellore District stating that the proposed land हि± दर (132.96 Ha) is in possession off + That the said area is free from all encumbrance. the Developer and they have thd ight to develop SEZ - has bee provided. ¢ Irrevocable rights to develop the said area 85 Encumbrance certificates have} been provided. (vi) hether the Developer has leasehold right over theSale deeds provided identified area. The lease shall be for a period not less han twenty years. 32

ncumbrance certificates have} been provided. (vi) hether the Developer has leasehold right over theSale deeds provided identified area. The lease shall be for a period not less han twenty years. 32

ublic thoroughfare contiguous and vacant. Recommendations of DC, VSEZ: The proposal has been recommended by DC for consideration and approval by the BoA. 106.10 Appeal (one appeal) 106.10(i) Appeal dated 18.08.2021 filed by M/s Mikado Realtors Private Limited against the decision of the UAC, NSEZ rejecting the request for exemption for the labour charges paid for installation of electric cable from Electricity Department outside the zone to the power station in the zone. Background of the case: M/s Mikado Realtors Private Limited was granted formal approval for setting up of sector specific SEZ 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.

ng 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 to lay down the electrical cable from the source to their zone. The Unit Approval Committee in its meeting held on 04.03.2021 deliberated on the request of the developer and vide letter dated 24.03.2021 the developer was granted approval for authorized operation of Electrical, Gas and Petroleum Natural Gas Distribution Network including necessary sub-stations of appropriate capacity, pipeline network etc. Contentions of the appellant: The appellant submits that in the said approval it has been specified that no tax benefits would be extended to any construction activity outside the premises from source to the SEZ without differentiating the fact that there is an inherent difference between the supply of goods and its utilization thereof and supply of services and its utilization thereof and there cannot be a standard application of law for both as each stand on a different footing and are independent of each other. The decision of the UAC was received by the developer on 07.04.2021.

and there cannot be a standard application of law for both as each stand on a different footing and are independent of each other. The decision of the UAC was received by the developer on 07.04.2021. Being aggrieved by the decision of rejecting approval for exemption from taxes for supply of services, the appellant is preferring this appeal to the BoA as per the powers granted to the board under Section 9(g) read with Section 9(2b) of the SEZ Act, 2005. The appellant submits that the period provided for in Rule 56 of the SEZ Rules has expired and the appeal is being preferred after the expiry of 45 days from the date of communication of the order of the DC. The appellant takes plea that the appeal is maintainable in terms of order of the 33

reg: iii. iv. vii. arding cognizance for extension of limitation due to onset of Covid-19 pandemic. Grounds of Appeal : As per Section 16(1)(b) of the IGST Act, 2017, supply of goods or services or both to a SEZ developer of unit is zero rated supply and as per Section 7(5)(b) of the IGST Act, the supply of goods or services or both to a SEZ developer or unit shall be treated to be a supply of goods or services or both in the course of inter-State trade or commerce. The IGST Act, 2017 provides for place of supply of services where location of supplier and recipient is in India. The service provided by the contractor, M/s Serge Engineers squarely covered under sub- section 12(3)(a) of the IGST Act, 2017 and it is therefore submitted that the place of supply

ient is in India. The service provided by the contractor, M/s Serge Engineers squarely covered under sub- section 12(3)(a) of the IGST Act, 2017 and it is therefore submitted that the place of supply of the services of installation and laying of the electrical cable would be the location of the appellant, which is a SEZ. On conjoint reading of the MoC&I notification dated 27.10.2006, Section 12 and Section 16 of the IGST Act, 2017, it emerges that supply of power to units is an authorized operation for a developer of a zone and the place of supply of services of laying and installation of the electrical cable in the zone and the same stands zero rated or exempted and it is therefore submitted that the supply of services by the contractor is exempt ab initio. As per uniform list of services circulated by the DoC on 02.01.2018, the uniform list of services for authorised operation by the developer/units for which upfront exemption is available, erection, commissioning and installation service has been listed. That the five member constitutional bench of the Hon’ble Supreme Court in the case of Collector of ९. Ex. Vadodara Vs Dhiren Chemical Industries has held that if there are circulars issued by the CBEC which place an interpretation which is inconsistent with the interpretation taken by the Supreme Court, then Revenue will be bound to follow the interpretation taken by the Board.

issued by the CBEC which place an interpretation which is inconsistent with the interpretation taken by the Supreme Court, then Revenue will be bound to follow the interpretation taken by the Board. Thus, it was clearly held that the board circulars will be binding on Department even if a different interpretation has been given by the Supreme Court. In terms of the approval granted by the BoAs, the developer/appellant is required to ensure uninterrupted supply of stable electricity and craves leave that the LoA mandates supply of uninterrupted power. Prayer/Relief of the appellant: To allow upfront exemption while supplying the services of laying the cable from the outlet outside the zone to the power room in the zone and to grant tax benefits for the persons setting up the facilities. Rule position : Section 9(2) (b) of the SEZ Act, 2005 stipulates that, (2) Without prejudice to the generality of the provisions contained in sub-section (1), the powers and functions of the Board shall include- (b) granting approval of authorized operations to be carried out in the Special Economic Zones by the Developer; (g) disposing of appeals preferred under sub-section (4) of section 15; 34

l include- (b) granting approval of authorized operations to be carried out in the Special Economic Zones by the Developer; (g) disposing of appeals preferred under sub-section (4) of section 15; 34

15(4) of the SEZ Act, stipulates that, (3) The Approval Committee may, either approve the proposal without modification, or approve the proposal with modifications subject to such terms and conditions as it may deem fit to impose, or reject the proposal in accordance with the provisions of sub-section (8): Provided that in case of modification or rejection of a proposal, the Approval Committee shall afford a reasonable opportunity of being heard to the person concerned and after recording the reasons, either modify or reject the proposal. (4)Any person aggrieved by an order of the Approval committee, made under sub-section (3), may prefer an appeal to the board within such time as may be prescribed. Observations: As per Gazette notification $.0.1846(E) dated 27.10.2006, the Central Government has notified authorized operations in the SEZ which would qualify for exemptions, concessions and drawback. The list includes ‘Electrical, Gas & Petroleum Natural Gas Distribution Network including necessary substations of appropriate capacity, pipeline network etc. The Department of Commerce vide letter dated 02.01.2018 specified the uniform list of services including ‘Erection, Commission and installation services’. The appeal is placed before the Board of Approval for consideration. RR 35