Minutes of the 58th BoA SEZ Meeting held on12th June, 2013

Minutes of the 58th meeting of the SEZ Board of Approval held on
12th June 2013 to consider proposals for setting up Special Economic Zones and other miscellaneous proposals

The fifty eight (58th) meeting of the SEZ Board of Approval (BoA) was held on 12.06.2013 under the chairmanship of Shri S.R. Rao, Secretary, Department of Commerce, at 10.00 A.M. in Room No. 108, Udyog Bhawan, New Delhi, to consider proposals in respect of notified/approved SEZs. The list of participants is annexed (Annexure -1).

Addressing the Board of Approval members, the Chairman informed that so far
577 formal approvals have been granted for setting up of SEZs out of which presently 389 SEZs stand notified. He further informed that as on 11.06.2013, over Rs. 2,36,716.65 crores have been invested in the SEZs and direct employment of 10,74,904 persons has been generated in the SEZs. During the financial year 2011-12, total exports to the tune of Rs. 3,64,477.73 crores have been made from the SEZs, registering a growth of about 15.39% over the exports for the year 2010-11. Exports in the current financial year, up to 11.06.2013, have been to the tune of Rs. 4,76,159 crores registering a growth of about 31.% over the exports of the corresponding period of FY 2011-12.

Exports in the current financial year, up to 11.06.2013, have been to the tune of Rs. 4,76,159 crores registering a growth of about 31.% over the exports of the corresponding period of FY 2011-12.

Item No.58.1: Requests for co-developer

All BoA sanctioned approvals to co-developers are subject to the condition that particular terms and conditions of lease agreement/co-developer agreement will not have any bearing on the treatment of the income by way of lease rentals/down payment/premium etc., for the purposes of assessment under the prevalent Income Tax Act and Rules. The Assessing Officer, will have the right to examine the taxability of these amounts under the SEZ Act and Income Tax Act as applicable. This is applicable to all the cases of co-developers approved by the BoA in this meeting. The Board further directed that proposals for grant of co- developer status should be accompanied by lease deed/draft lease deed which must inter-alia contain the details of financial transactions/arrangements between developer and proposed co-developer. The decisions of the BoA on the proposals are as under:-

(i) Request of M/s. SunTec Infrastructure Private Limited for co-developer in the sector specific SEZ for IT/ITES at Andoorkonam village, Thiruvananthapuram, Kerala, being developed by Electronics Technology Parks - Kerala

After deliberations, the Board approved the request of M/s.

specific SEZ for IT/ITES at Andoorkonam village, Thiruvananthapuram, Kerala, being developed by Electronics Technology Parks - Kerala

After deliberations, the Board approved the request of M/s. SunTec Infrastructure Private Limited for becoming a co-developer in the above mentioned SEZ, to develop infrastructure facilities in the zone and lease the facilities thus created to their holding company, in accordance with the co-developer agreement entered into with the developer, subject to the condition that this approval will be applicable to such infrastructure which is/will be built by the co-developer after seeking approval of the Board.

Item No. 58.2: Requests for increase/decrease in area

(i) Request of M/s. Karnataka Industrial Areas Development Board (KIADB) in sector specific SEZ for IT/ITES at Mangalore, Karnataka for de-notification of a portion of land in the SEZ

After deliberation, the Board approved the proposal of M/s. Karnataka Industrial Areas Development Board (KIADB) for partial de-notification of an area of 32.712 hectares from the SEZ thereby making the total balance area of the SEZ as 32.859 hectares. The

Karnataka Industrial Areas Development Board (KIADB) for partial de-notification of an area of 32.712 hectares from the SEZ thereby making the total balance area of the SEZ as 32.859 hectares. The

Minutes of the 58th meeting of the
BoA for SEZs held on 12th June 2013 2

approval is subject to the DC furnishing a certificate in the prescribed format certifying inter alia that the contiguity of the SEZ is maintained, the developer has either not availed or has refunded all the tax/duty benefits availed under SEZ Act/Rules in respect of the area to be de- notified, there are no units in the de-notified area or they have been debonded, the State Govt has no objection to the de-notification proposal etc.

(ii) Request of M/s. Cognizant Technology Solutions India Private Limited, developer of sector specific SEZ for IT/ITES at SIPCOT IT Park, Siruseri, Chennai for increase in area of its SEZ

After deliberations, the Board approved the request of M/s. Cognizant Technology Solutions India Private Limited for addition of land 5.666 hectares thereby, increasing the total area of the SEZ 16.516 hectares, subject to the contiguity of the land in the SEZ being maintained.

Item No. 58.3: Requests for de-notification

(i) Request from M/s Parsvnath Infra Ltd., a sector specific SEZ for IT/ITES at Sohna Road, Gurgaon, Haryana, for de-notification of its SEZ notified over an area of 42.7045 hectares.

After deliberations, the Board decided to approve the proposal of M/s. Parsvnath Infra Ltd.

ohna Road, Gurgaon, Haryana, for de-notification of its SEZ notified over an area of 42.7045 hectares.

After deliberations, the Board decided to approve the proposal of M/s. Parsvnath Infra Ltd. for de-notification of the sector specific SEZ for IT/ITES at Sohna Road, Gurgaon, Haryana, notified over an area of 42.7045 hectares. The approval is subject to the DC furnishing a certificate in the prescribed format certifying inter alia that the developer has either not availed or has refunded all the tax/duty benefits availed under SEZ Act/Rules in respect of the area to be de-notified, there are either no units in the SEZ or the same have been debonded, the State Govt has no objection to the de-notification proposal etc.

(ii) Request from M/s Biological E. Limited, a sector specific SEZ for Biotechnology at Kolthur village, Shameerpet Mandal, Ranga Reddy District, Andhra Pradesh, for de- notification of its SEZ notified over an area of 10.347 hectares.

After deliberations, the Board decided to approve the proposal of M/s. Biological E. Limited for de-notification of the sector specific SEZ for Biotechnology at Kolthur village, Shameerpet Mandal, Ranga Reddy District, Andhra Pradesh, notified over an area of 10.347 hectares.

l E. Limited for de-notification of the sector specific SEZ for Biotechnology at Kolthur village, Shameerpet Mandal, Ranga Reddy District, Andhra Pradesh, notified over an area of 10.347 hectares. The approval is subject to the DC furnishing a certificate in the prescribed format certifying inter alia that the developer has either not availed or has refunded all the tax/duty benefits availed under SEZ Act/Rules in respect of the area to be de-notified, there are either no units in the SEZ or the same have been debonded, the State Govt has no objection to the de-notification proposal etc.

(iii) Request from M/s. Reliance Haryana SEZ Limited, a sector specific SEZ for Multi Services at Villages Mohammadpur Jharsa, Gharauli Khurd, Khandsa and Harasru, District Gurgaon, Haryana, for de-notification of its SEZ notified over an area of 440.714 hectares

After deliberations, the Board decided to approve the proposal of M/s. Reliance Haryana SEZ Limited for de-notification of the sector specific SEZ for Multi Services at Villages Mohammadpur Jharsa, Gharauli Khurd, Khandsa and Harasru, District Gurgaon, Haryana, notified over an area of 440.714 hectares. The approval is subject to the DC

SEZ for Multi Services at Villages Mohammadpur Jharsa, Gharauli Khurd, Khandsa and Harasru, District Gurgaon, Haryana, notified over an area of 440.714 hectares. The approval is subject to the DC

BoA for SEZs held on 12th June 2013 3

furnishing a certificate in the prescribed format certifying inter alia that the developer has either not availed or has refunded all the tax/duty benefits availed under SEZ Act/Rules in respect of the area to be de-notified, there are either no units in the SEZ or the same have been debonded, the State Govt has no objection to the de-notification proposal etc.

Chairman directed that in all such cases approved under item 58.3 above, the information must invariably be sent to CBDT and CBEC for taking necessary action.

Item No. 58.4: Request for extension of In-Principal Approval Request for grant of extension of in-principle approval to M/s. Mumbai SEZ Limited for setting up of multi product SEZ at Khopta, District Raigad, Maharashtra

The Board after deliberations deferred the proposal and decided to obtain the views of the State Government on the issue before considering the extension.

Item No.

strict Raigad, Maharashtra

The Board after deliberations deferred the proposal and decided to obtain the views of the State Government on the issue before considering the extension.

Item No. 58.5: Requests for extension of validity of formal approvals beyond 5th & 6th year

BoA in its meeting held on 14th September, 2012, examining similar cases observed as under: -

“The Board advised the Development Commissioners to recommend the requests for extension of formal approval beyond 5th year and onwards only after satisfying that the developer has taken sufficient steps towards operationalisation of the project and further extension is based on justifiable reasons. Board also observed that extensions may not be granted as a matter of routine unless some progress has been made on ground by the developers. The Board, therefore, after deliberations, extended the validity of the formal approval to the requests for extensions beyond fifth years for a period of one year and those beyond sixth year for a period of 6 months from the date of expiry of last extension”.

(i) Request for further extension of LoA from M/s. HBS Pharma SEZ Pvt. Ltd. for setting up of Pharmaceutical SEZ at GIDC, Panoli Industrial Estate, Panoli, District Bharuch, Gujarat beyond 16th June, 2013 (beyond 5th year)

The Board after deliberations extended the validity of the formal approval for one year up to 16th June, 2014.

(ii) Request for further extension of LoA from M/s. Ananth Technologies Limited for setting up of IT/ITES SEZ at Sy. No.

the validity of the formal approval for one year up to 16th June, 2014.

(ii) Request for further extension of LoA from M/s. Ananth Technologies Limited for setting up of IT/ITES SEZ at Sy. No. 1/1, Raviryala Village, Maheswaram Mandal, Ranga Reddy District, Andhra Pradesh beyond 16th March 2013 (beyond 5th year)

year up to 16th March, 2014 and also directed DC VSEZ to consult the State Government on the issue relating to imposition of No Development Area by DRDO

(iii) Request for further extension of LoA from M/s. Dishman Infrastructure Ltd. for setting up of Pharmaceuticals & Fine Chemicals SEZ at Villages Kalyangadh and

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Gangad, Taluka Bavla, District Ahmedabad, Gujarat beyond 16th April 2013 (beyond 5th year)

year up to 16th April, 2014.

(iv) Request for further extension of LoA from M/s. Smart City (Kochi) Infrastructure Pvt. Ltd. for setting up of IT/ITES SEZ at Block 9, Kakkanad Village, Kanayannor Taluk, Ernakulam District, Kerala beyond 20th April 2012 (beyond 5th year)

The Board after deliberations extended the validity of the formal approval up to
20th April, 2014.

(v) Request for further extension of LoA from M/s. Anant Raj Limited for setting up of IT/ITES SEZ at Plot No. TP-1, Rai, Sonepat, Haryana beyond 13th March 2013 (beyond 5th year)

year up to 13th March, 2014.

(vi) Request for further extension of LoA from M/s. Mayar Infrastructure Development Pvt. Ltd.

-1, Rai, Sonepat, Haryana beyond 13th March 2013 (beyond 5th year)

year up to 13th March, 2014.

(vi) Request for further extension of LoA from M/s. Mayar Infrastructure Development Pvt. Ltd. for setting up of Biotechnology SEZ at village Rahaka & Nimoth District Gurgaon, Haryana beyond 13th July, 2013 (beyond 5th year)

year up to 13th July, 2014.

(vii) Request of M/s. Indiabulls Industrial Infrastructure Limited for further extension of the validity period of formal approval, granted for setting up of multi product SEZ at village Sinnar, District Nashik, Maharashtra, beyond 24th June, 2013 (beyond 6th year)

year up to 24th June, 2014.

(viii) Request of M/s. Karle Infra Private Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Nagavara Village, Bangalore North Taluk, Karnataka, beyond 5th March, 2013 (beyond 6th year)

year up to 5th March, 2014.

(ix) Request of M/s. Gujarat Industrial Development Corporation (GIDC) for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Biotechnology at Savli GIDC Estate, village Majusar, District Badodara, Gujarat beyond 22nd June, 2013 (beyond 6th year)

year up to 22nd June, 2014.

ed for setting up of sector specific SEZ for Biotechnology at Savli GIDC Estate, village Majusar, District Badodara, Gujarat beyond 22nd June, 2013 (beyond 6th year)

year up to 22nd June, 2014.

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(x) Request of M/s. Vedanta Aluminium Limited for extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Manufacture and Export of Aluminium at village Bhurkamunda & Bhagkipalli Tehsil & District Jharsuguda, Orissa beyond 22nd May, 2013 (beyond 6th year)

year up to 22nd May, 2014.

(xi) Request of M/s. Mangalore SEZ Limited for extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Petrochemicals and Petroleum at Baikampady, Mangalore, Dakshina Canara District, Karnataka beyond 29th July 2013 (beyond 6th year)

year up to 29th July, 2014.

(xii) Request of M/s. G.P. Realtors Private Limited for fourth extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at village Behrampur, District Gurgaon, Haryana, beyond 13th November 2012 (beyond
6th year)

The Board after deliberations extended the validity of the formal approval up to
13th November, 2013.

(xiii) Request of M/s. OSE Infrastructure Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Plot No.

er, 2013.

(xiii) Request of M/s. OSE Infrastructure Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Plot No. C-01, Sector 67, Noida, Uttar Pradesh beyond 5th November 2012 (beyond 6th year)

The Board after deliberations extended the validity of the formal approval up to
six months from 12.06.2013.

(xiv) Request of M/s. Selecto Systems Private Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at 15/1, Mathura Road, Faridabad, Haryana beyond 15th June 2013 (beyond 7th year)

The Board after deliberations extended the validity of the formal approval up to
six months from 12.06.2013.

(xv) Request of M/s. Ansal IT City & Parks Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at TZ-06, Tech Zone, Gr. Noida, Uttar Pradesh beyond 6th April 2013 (beyond 7th year)

The Board after deliberations extended the validity of the formal approval up to
six months from 12.06.2013.

(xvi) Request of M/s. Gujarat Hira Bourse for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Gems and Jewellery at Ichhapur, Surat, Gujarat beyond 6th April 2013 (beyond 7th year)

urther extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Gems and Jewellery at Ichhapur, Surat, Gujarat beyond 6th April 2013 (beyond 7th year)

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year up to 6th April, 2014.

(xvii) Request of M/s. Orissa Industrial Infrastructure Development Corporation (IDCO) for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at village Gaudakashipur and Arisal, District, Khurda, Odisha beyond 24th April, 2013 (beyond 7th year)

year up to 24th April, 2014.

(xviii) Request of M/s. IG3 Infra Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Textiles at Uthukuli Village, Perundurai Taluk Erode District, Tamil Nadu beyond 30th May 2013 (beyond 6th year)

year up to 30th May, 2014.

(xix) Request of M/s. Platinum Holdings Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Hardware and Software at Navallur village, Chengulpet Taluk and Semmencherry village, Tambaram Taluk, Kancheepuram District, Tamil Nadu, beyond 5th May 2013 (beyond 6th year)

year up to 5th May, 2014.

(xx) Request of M/s. Dr. Fresh Health Care Pvt. Ltd.

emmencherry village, Tambaram Taluk, Kancheepuram District, Tamil Nadu, beyond 5th May 2013 (beyond 6th year)

year up to 5th May, 2014.

(xx) Request of M/s. Dr. Fresh Health Care Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Ghamroj, Tehsil Sohna, Gurgaon, Haryana, beyond 25th June 2013 (beyond 6th year)

year up to 25th June, 2014.

(xxi) Request of Karnataka Industrial Areas Development Board (KIADB) for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Mangalore, Karnataka beyond 26th June 2013 (beyond
6th year)

The Board after deliberations extended the validity of the formal approval up to
26th June, 2014.

(xxii) Request of Andhra Pradesh Industrial Infrastructure Corporation Limited (APIIC Ltd.) for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Biotechnology at Karakapatla village, Mulugu Mandal, Medak District, Andhra Pradesh beyond 25th April 2013 (beyond 6th year)

d of formal approval, granted for setting up of sector specific SEZ for Biotechnology at Karakapatla village, Mulugu Mandal, Medak District, Andhra Pradesh beyond 25th April 2013 (beyond 6th year)

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year up to 25th April, 2014.

(xxiii) Request of M/s Kandla Port Trust, developer of multi product SEZ at Kandla and Tuna, Gujarat for further extension of the validity period of formal approval, beyond 6th May 2013 (beyond 6th year)

The Board after deliberations ratified the decision taken by DoC to extend the validity of formal approval beyond 6th May 2013 till 6th July, 2013 and further to extend the same for a period of one year upto 6th May 2014. DC KASEZ was directed to closely monitor the progress of the SEZ.

Item No. 58.6: Requests for extension of LoP beyond 4th Year onwards

(i) Request of M/s P&J Cretechem (P) Ltd., a unit in multi product SEZ developed by Dahej at Bharuch Gujarat for extension of validity period of its LoP beyond
31st March, 2013

The Board after deliberations extended the validity of the LoP for one year up to
31st March, 2014.

(ii) Request of M/s. Satyam Computers Services Limited, a unit in MIHAN SEZ for extension of LoP beyond 27.07.2013 (beyond 5th year)

The Board after deliberations extended the validity of the LoP for one year up to
27th July, 2014.

(iii)
Request of M/s.

extension of LoP beyond 27.07.2013 (beyond 5th year)

The Board after deliberations extended the validity of the LoP for one year up to
27th July, 2014.

(iii)
Request of M/s. Tata Consultancy Services Limited, a unit in MIHAN SEZ, Nagpur, Maharashtra for extension of Letter of Permission (LOP) beyond
23rd April, 2013 (beyond 5th year)

The Board after deliberations extended the validity of the LoP for one year up to
23rd April, 2014.

(iv)
Request of M/s. IGate Computer System Ltd., a unit in MIDC IT / ITES SEZ at Pune, Maharashtra for extension of Letter of Permission (LOP) beyond 4th August, 2013 (beyond 5th year)

The Board after deliberations extended the validity of the LoP for one year up to
4th August, 2014.

(v)
Request of M/s. Meghmani Unichem LLP, a unit in Dahej SEZ for extension of Letter of Permission (LOP) beyond 30th June 2013 (beyond 5th year)

The Board after deliberations extended the validity of the LoP for one year up to
30th June, 2014.

(vi)
Request of M/s. Cura Technologies Limited, a unit in APIIC SEZ for extension of Letter of Permission (LOP) beyond 17th December 2012 (beyond 5th year)

up to
30th June, 2014.

(vi)
Request of M/s. Cura Technologies Limited, a unit in APIIC SEZ for extension of Letter of Permission (LOP) beyond 17th December 2012 (beyond 5th year)

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The Board after deliberations extended the validity of the LoP up to
17th December, 2013.

(vii) Request of DC VSEZ to ratify the extension of validity of LoA for a period of four months, granted to M/s. Softsol India Limited, a unit in IT/ITES SEZ developed by M/s. APIIC at Madhurwada, Visakhapatnam as the unit has since commenced operation

The Board after deliberations ratified the decision of DC VSEZ to extend the validity of LoP of the unit up to 15th April, 2013.
(viii) Request of M/s. Wipro Limited, a unit in ELCOT SEZ, Vilankurichi village, Coimbatore, Tamil Nadu for extension of LoP beyond 3rd December 2012 (beyond
6th year)

The Board after deliberations extended the validity of the LoP up to
3rd December, 2013.

(ix) Request of M/s Pidilite Industries, a unit in multi-product SEZ developed by Dahej at Bharuch Gujarat for extension of validity period of its LoP beyond
15th August, 2013

The Board after deliberations extended the validity of the LoP for a period of one year up to 15th August, 2014.

(x) Request of M/s.

of its LoP beyond
15th August, 2013

The Board after deliberations extended the validity of the LoP for a period of one year up to 15th August, 2014.

(x) Request of M/s. Hangers Plus (I) Ltd., a unit in Mahindra World City SEZ, Chennai, Tamil Nadu for extension of LoP beyond 31st March, 2013 (beyond 6th year)

The Board after deliberations extended the validity of the LoP for a period of one year up to 31st March, 2014.

(xi) Request of M/s. Godrej & Boyce Manufacturing Company Limited, a unit in M/s. Dahej SEZ Limited, Gujarat for extension of LoP beyond 29th May 2013 (beyond 6th year)

The Board after deliberations extended the validity of the LoP for a period of one year up to 29th May, 2014.

(xii) Request of M/s ONGC Petro additions Limited (OPaL), a unit in multi-product SEZ developed by Dahej at Bharuch Gujarat for extension of validity period of its LoP beyond 15th October, 2013

The Board after deliberations extended the validity of the LoP for a period of one year up to 15th October, 2014.

58.7: Miscellaneous extension of LoPs.

(i) Proposal of DC NSEZ for extending the validity of LoP of M/s. GROZ Engineering Tools (P) Ltd., a unit in NSEZ up to 30th April, 2013

ctober, 2014.

58.7: Miscellaneous extension of LoPs.

(i) Proposal of DC NSEZ for extending the validity of LoP of M/s. GROZ Engineering Tools (P) Ltd., a unit in NSEZ up to 30th April, 2013

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The Board after deliberations ratified the decision of Department of Commerce to extend the validity of LoP of the unit up to 30th April, 2013.

(ii) Proposal of DC FSEZ for extending the validity of LoP of M/s. Vedanta Aluminium Ltd, a unit in Vedanta Aluminium SEZ at Jharsuguda, Odisha up to
8th April, 2014

The Board after deliberations ratified the decision of Department of Commerce to extend the validity of LoP of the unit up to 8th April, 2014.

Item No. 58.8: Miscellaneous Cases

(i) Request from M/s Reliance Industries Limited for permission to install a pipe rack through SEZ connecting DTA Refinery and up-coming C2 Complex of M/s Reliance Industries Limited

The Board was informed that a Committee had been constituted by DoC to look into the matter and submit its recommendations. Therefore, the Board, after deliberations deferred the proposal with directions to DoC to process the case on file after receiving the recommendations of the aforementioned Committee.

(ii) Request of M/s. Phoenix Hitech City Pvt.

tions deferred the proposal with directions to DoC to process the case on file after receiving the recommendations of the aforementioned Committee.

(ii) Request of M/s. Phoenix Hitech City Pvt. Limited, co-developer in sector specific SEZ for IT/ITES developed by M/s Phoenix Infocity Private Limited at Gachibowli Village, Serilingampally Mandal, R R District, Andhra Pradesh for transfer of ownership of Co-developer

The Board after deliberations approved the above proposal, subject to the following conditions:-

(i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered developer entity; (ii) Fulfillment of all eligibility criteria applicable to developers, including security clearances etc., by the altered developer entity and its constituents; (iii) Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc.
(iv) Full financial details relating to the transfer of equity shall be furnished immediately to the Member (IT) CBDT, Department of Revenue. (v) The assessing officer under the Income Tax Act, 1961, shall have the right to assess the taxability of the amount arising out of the transfer of equity.
(vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable.

the taxability of the amount arising out of the transfer of equity.
(vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable.

(iii) Request from Petroleum and Natural Gas for grant of access for drilling/exploration activities by ONGC in the Sterling SEZ and Infrastructure Limited at Vadodara, Gujarat

The Board after deliberations ratified the approval of UAC forwarded by DC Sterling SEZ for including “drilling/exploration” as “Authorized Activities ” in the non-processing

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area of Sterling SEZ as a special case keeping in mind the national importance of the activities.

(iv) Proposal of M/s. Biocon Limited, developer of sector specific SEZ for Biotechnology at KIADB Industrial Area, Bangalore, Karnataka for putting up an additional gate in the eastern side of the SEZ

The Board after deliberations decided to approve the proposal subject to the condition that any additional cost so incurred on any extra man power, material etc. will be borne by the developer.

(v) Request for transfer of units of M/s. Ocwen Financial Solution Pvt. Ltd. from Vrindavan Tech Village SEZ (VTV) to Pritech Park SEZ

The Board after deliberations decided to approve the proposal for transfer of unit, subject to condition that the assessing officer under the Income Tax Act, 1961, shall have the right to assess the taxability arising out of the transfer of the unit.

(vi) Request for transfer of units of M/s.

tion that the assessing officer under the Income Tax Act, 1961, shall have the right to assess the taxability arising out of the transfer of the unit.

(vi) Request for transfer of units of M/s. Altisource Business Solutions Pvt. Ltd. from Vrindavan Tech Village SEZ (VTV) to Pritech Park SEZ

The Board after deliberations decided to approve the proposal for transfer of unit, subject to condition that the assessing officer under the Income Tax Act, 1961, shall have the right to assess the taxability arising out of the transfer of the unit.

The Board further directed that in future all such cases of transfer / relocation of unit(s) from one SEZ to another should be processed by DoC on file.

(vii) Request from M/s. Synechron Technologies Pvt. Ltd., a unit in sector specific SEZ for IT/ITES developed by M/s. Pune Embassy Project Pvt. Ltd. at Embassy Techzone, MIDC, Phase II, Hinjewadi, Maharashtra for re-location of its SEZ unit to another SEZ developed by Maharashtra Industrial Development Corporation (MIDC) at Phase III, Rajiv Gandhi Infotech Park, Pune, Maharashtra

The Board after deliberations decided to approve the proposal for re-location of unit, subject to condition that the assessing officer under the Income Tax Act, 1961, shall have the right to assess the taxability arising out of the transfer of the unit.

posal for re-location of unit, subject to condition that the assessing officer under the Income Tax Act, 1961, shall have the right to assess the taxability arising out of the transfer of the unit.

The Board further directed that since the guidelines have already been prescribed by the BoA while approving proposals for transfer of units from one SEZ to another, all similar cases of transfer / relocation of unit(s) from one SEZ to another should be processed by DoC on file in future.

(viii) Request of M/s. Sony India Software Centre Pvt. Ltd. (SISCPL), a unit in Vrindavan Tech Village SEZ, Bangalore for expansion of its production capacity by occupying additional space in nearby RMZ Ecoworld Infrastructure Pvt. Ltd. SEZ, Bangalore

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The Board after hearing the presentations made by the representatives of M/s. SISCPL, and after deliberations approved the proposal of the unit for its expansion in another SEZ as a fresh unit. The new unit would apply for a fresh LOA. The Board however observed SISCPL seeks to expand its existing business and has voluntarily committed that it would view the income-tax benefits of the new facility as co-terminus with that of its existing SEZ Unit and would restrict its claim of the income-tax benefit to the unexpired period only. In this manner SISCPL seeks to facilitate free movement of people and contracts between these two units.

EZ Unit and would restrict its claim of the income-tax benefit to the unexpired period only. In this manner SISCPL seeks to facilitate free movement of people and contracts between these two units. BOA observed that the apprehensions regarding the treatment of the issue of movement of employees / contracts from its existing unit in one SEZ to the proposed new unit in the other SEZ for the purposes of exemption under Section 10AA of Income Tax Act need to be suitably addressed by the DoR in accord with the above position and the given legal framework.
(ix) Request of M/s. Apollo Hospitals Enterprise Ltd., co-developer in the sector specific SEZ developed by Nokia SEZ at Sriperumbudur for waiver of conditions indicated at (a), (b) and (c) to its Letter of Approval dated 22nd December, 2009.

The Board after deliberations, did not find sufficient merit to accede to the proposal of the co-developer.

(x) Request from M/s. Meghmani Industries Limited for establishment as a unit in Dahej SEZ for trading in Chemical and Agro-Chemical products

The Board noted that no representative from the M/o Agriculture was present, and after deliberations directed the DoC to dispose the same on file after consultation with Ministries of Environment and Forest and Agriculture.

(xi) Proposal of M/s Trishiraya recycling Pvt. Ltd. a unit in MEPZ seeking approval for its capacity enhancement

The Board after deliberations did not accede to the request of the unit seeking its capacity enhancement.

hiraya recycling Pvt. Ltd. a unit in MEPZ seeking approval for its capacity enhancement

The Board after deliberations did not accede to the request of the unit seeking its capacity enhancement.

The Board also clarified that the period for extension of its LoP would be one year i.e. up to 01.01.2014 subject to the finalization of policy on the issue.

(xii) Request of M/s Dr. Reddy’s Laboratories Limited, developer of sector specific SEZ for Pharmaceuticals at Devunipalavalasa village, Ranastalam Mandal, Srikakulam District, Andhra Pradesh for permission to supply surplus steam to unit in DTA

The Board after deliberations approved the proposal and directed DoC to process the matter on file to finalise the modalities.

(xiii) Request of M/s Brandix India Apparel City Pvt. Ltd., an integrated textile and apparel SEZ at Visakhapatnam for permission to utilize its centralized water and effluent treatment plant for units in DTA

The Board after deliberations approved the proposal and directed DoC to process the matter on file to finalise the modalities.

s centralized water and effluent treatment plant for units in DTA

The Board after deliberations approved the proposal and directed DoC to process the matter on file to finalise the modalities.

BoA for SEZs held on 12th June 2013 12

Item No. 58.9: Appeals before BoA

(i) Appeal of M/s. Consolidated Cobalt Chemicals Limited, a unit in KASEZ against rejection of its application for inclusion of export trading of urea in its existing LoP by the 53rd UAC meeting held on 19.10.2012

The Board noted that the applicant had preferred appeal before the previous BoA meeting held on 15th March, 2013 but sought adjournment as his representative is unable to attend the hearing.

The Board noted that the applicant has again sought adjournment of his appeal as his representative is unable to attend the hearing. After deliberations, the Board dismissed the appeal exparte.

Item No. 58.9: Miscellaneous issues with the permission of the Chair

BoA was informed that the guidelines for the plastic recycling SEZ units and those in the business of recycling of old and worn clothing are nearing finalization. Accordingly it was decided that the validity of the LoPs of the units in the business of plastic recycling and worn and used clothing in the SEZs be extended till 30 September 2013 or till such time the guidelines are finalized, whichever is earlier.

The meeting ended with a vote of thanks to the Chair.

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clothing in the SEZs be extended till 30 September 2013 or till such time the guidelines are finalized, whichever is earlier.

The meeting ended with a vote of thanks to the Chair.

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BoA for SEZs held on 12th June 2013 13

Annexure - 1

List of Participants for the Meeting of the Board of Approval for Special Economic Zones held on 12th June, 2013 under the Chairmanship of Commerce Secretary, Department of Commerce

1. Shri S. R. Rao, Chairman BOA & Secretary, Department of Commerce.
2. Ms. Sandhya Baliga, Member (Custom and EI), CBEC
3. Shri A.K. Pujari, DGFT, Director General of Foreign Trade
4. Shri Ram Tirath, DGEP, Department of Revenue, Ministry of Finance
5. Dr. L. B. Singhal, Additional DGFT, Director General of Foreign Trade
6. Shri Jitendra Kumar, Additional Director (DGEP), Department of Revenue
7. Ms. Deepshikha Sharma, Deputy Secretary (ITA 1), CBDT, Department of Revenue, Ministry of Finance
8. Shri Pradeep Kumar, Additional Resident Commissioner, Government of Maharashtra
9. Shri Manoj Daxini Gas, Joint Commissioner, Industries, Government of Gujarat
10. Shri M.K. JHA, Secretary, AIADA, Jamshedpur, Government of Jharkhand
11. Shri Atul Patne, Deputy Secretary, Ministry of Petroleum and Natural Gas
12. Shri O.P. Kapoor, Deputy DG, EPCES
13. Shri S.K. Sharma, Director (EP), Office of Development Commissioner (MSME), Ministry of MSME, Nirman Bhawan.
14. Shri A.K. Singh, Deputy Secretary, Department of Industry and Policy Promotion
15. Shri R.C.

Sharma, Director (EP), Office of Development Commissioner (MSME), Ministry of MSME, Nirman Bhawan. 14. Shri A.K. Singh, Deputy Secretary, Department of Industry and Policy Promotion 15. Shri R.C. Dahra, Additional Director Industries, Department of Industries, Government of Haryana
16. Shri Sanjiv Bawa, Executive Director PSIEC (Government of Punjab) 17. Shri Manas Mohanty, Joint Manager (PMU), IDCO, Government of Orissa 18. Shri B. Bhattacharya, SIO, DGEP, Department of Revenue. 19. Shri A.K. Pathania, SIO, DGEP, Department of Revenue. 20. Shri T.A. Khan, (RO), TCPO, Ministry of Urban Development, E-Block, Vikas Bhawan, New Delhi 21. Shri R. Murugadoss, Chief Engineer, Kandla Port Trust 22. Shri B.H. Gehani, Officer on Special Duty, Kandla Port Trust 23. Shri R.D. Meena, Research Assistant, TCPO, Ministry of Urban Development

LIST OF DEVELOPMENT COMMISSIONERS

24. Shri Sanjeev Nandwani, Development Commissioner, Falta, Kolkata
25. Shri Jayant Misra, Development Commissioner, Noida SEZ, Uttar Pradesh
26. Shri N.P.S. Monga, Development Commissioner, SEEPZ SEZ
27. Dr. Safeena AN, Development Commissioner, Cochin SEZ
28. Shri Vijay N. Shewale, Development Commissioner, Surat SEZ, Surat
29. Shri Mahendra Jain, Development Commissioner, NMSEZ and KASEZ
30. Shri S. Kishore, Development Commissioner, APSEZ
31. Shri K.L. Sharma, Development Commissioner, Sterling SEZ, Gujarat
32. Smt. Lata Shukla, Development Commissioner, Mundra SEZ
33. Shri Ved Prakash, Development Commissioner, Mihan SEZ

PSEZ 31. Shri K.L. Sharma, Development Commissioner, Sterling SEZ, Gujarat 32. Smt. Lata Shukla, Development Commissioner, Mundra SEZ 33. Shri Ved Prakash, Development Commissioner, Mihan SEZ 34. Shri Anil Bamba, Development Commissioner, Sricity SEZ 35. Shri A.K. Rathore, Joint Development Commissioner, ISEZ, Indore, Madhya Pradesh.

LIST OF PARTICIPANTS OF DEPARTMENT OF COMMERCE

36. Shri Madhusudan Prasad, Additional Secretary, Department of Commerce
37. Shri Rajeev Arora, Joint Secretary, Department of Commerce.
38. Shri S.S. Kumar, Under Secretary, Department of Commerce
39. Shri Pankaj Gangwar, Section Officer, Department of Commerce
40. Shri R.K. Dutta, Section Officer, Department of Commerce.