Minutes of the 64th BoA SEZ Meeting held on 20th February, 2015
In force — no superseding record on file.
Minutes of the 64th meeting of the Board of Approval for SEZ held on
20th February 2015 to consider proposals for setting up Special Economic
Zones and other miscellaneous proposals
The Sixty Fourth (64th) meeting of the Board of Approval (BoA) for Special Economic Zones (SEZ) was held on 20th February, 2015 under the Chairmanship of Shri Rajeev Kher, Secretary, Department of Commerce, at 3.30 P.M. in Room No. 47, Udyog Bhawan, New Delhi, to consider proposals in respect of notified/approved SEZs. The list of participants is Annexed (Annexure-1).
Item No. 64.1: Requests for extension of validity of formal approvals
BoA, in its meeting held on 14th September, 2012, while examining similar cases had 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 of M/s.
l 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 of M/s. Uralungal Labour Contract Co Operative Society Limited (ULCCS Ltd.) for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Nellikode Village, Kozhikode, Kerala, beyond 31st December 2014
The Board after deliberations extended the validity of the formal approval up to
30th June, 2015.
(ii) Request of M/s. Smart City (Kochi) Infrastructure Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Block 9, Kakkanad Village, Kanayannor Taluk, Ernakulam District, Kerala, beyond 20th April, 2015
20th April, 2016.
(iii) Request of M/s. Saraf Agencies Private Ltd. for extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Mineral based Industries at Chhatrapur, District Ganjam, Orissa, beyond 26th February 2015
26th February, 2016.
dity period of formal approval, granted for setting up of sector specific SEZ for Mineral based Industries at Chhatrapur, District Ganjam, Orissa, beyond 26th February 2015
26th February, 2016.
Minutes of the 64th meeting of the
BoA for SEZs held on 20th February, 2015 2
(iv)
Request of M/s. Adityapur Industrial Area Development Authority for further
extension of the validity period of formal approval, granted for setting up of sector
specific SEZ for Automobiles/Auto Components at Adityapur, Jharkhand, beyond
13th December 2014
13th June, 2015.
(v) Request of M/s. Frontier Lifeline Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Biotechnology at Edur Elavur Vilage, Gummidipoondi Taluk, Thiruvallur District, Tamil Nadu, beyond 27th November, 2014
27th November, 2015.
(vi) Request of M/s. Golden Tower Infratech Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES at Plot No. 8, Sector–144, Noida, Uttar Pradesh, beyond 2nd September 2014
2nd September, 2015.
(vii) Request of M/s. Hyderabad Metropolitan Development Authority for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES SEZ at Kokapet village, Serilingampally Mandal, Ranga Reddy District, Telangana, beyond 22nd October, 2013
22nd October, 2015.
(viii) Request of M/s.
ng up of sector specific SEZ for IT/ITES SEZ at Kokapet village, Serilingampally Mandal, Ranga Reddy District, Telangana, beyond 22nd October, 2013
22nd October, 2015.
(viii) Request of M/s. Kakinada SEZ Private Limited for further extension of the validity period of formal approval, granted for setting up of port based multi product SEZ at Kakinada, East Godavari District, Andhra Pradesh beyond 26th February, 2015
26th August, 2015.
(ix) Request of M/s. Inspira Infra (Aurangabad) Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Non-conventional energy including solar energy equipment at Plot No. C-22, MIDC, Five Star Industrial Area, Shendre District, Aurangabad, Maharashtra, beyond 8th May, 2014
The Board noted that the developer has not made any progress since the case was rejected by the BoA in its meeting held on 26th July, 2014. DC SEEPZ has also informed that no progress since July, 2015 has been made by the developer. Accordingly, the Board, after deliberations, decided to reject the proposal for further extension.
- DC SEEPZ has also informed that no progress since July, 2015 has been made by the developer. Accordingly, the Board, after deliberations, decided to reject the proposal for further extension.
BoA for SEZs held on 20th February, 2015 3
Item No. 64.2 : Requests for extension of LoP beyond 3rd Year onwards
(i) Request of M/s. Torrent Pharmaceuticals Ltd. (TPL), a unit in M/s. Dahej SEZ Limited, Gujarat for extension of LoP beyond 2nd December, 2014
The Board after deliberations extended the validity of the LoP up to 2nd December, 2015.
(ii) Request of M/s. Benzo Chem Industries Pvt. Ltd. (Benzo), a unit in M/s. Dahej SEZ Limited, Gujarat for extension of LoP beyond 7th September, 2014
The Board after deliberations extended the validity of the LoP up to 7th September, 2015.
(iii) Request of M/s. Galaxy Surfactants Ltd. (GSL), a unit in M/s. Dahej SEZ Limited, Gujarat for extension of LoP beyond 6th March, 2014
The Board after deliberations extended the validity of the LoP up to 6th March, 2016.
(iv)
Request of M/s Sun Pharmaceutical Industries Ltd., a unit in Dahej SEZ,
Bharuch,
Gujarat
for
extension
of
validity
period
of
its
LoP
beyond
15th December, 2014
The Board after deliberations extended the validity of the LoP up to 15th December, 2015.
(v) Request of M/s. Oil and Natural Gas Corporation (ONGC) Ltd., C2-C3 plants, a unit in the multi product SEZ being developed by M/s.
extended the validity of the LoP up to 15th December, 2015.
(v) Request of M/s. Oil and Natural Gas Corporation (ONGC) Ltd., C2-C3 plants, a unit in the multi product SEZ being developed by M/s. Dahej SEZ at Bharuch, Gujarat for extension of Letter of Permission (LOP) beyond 31st March 2015
The Board after deliberations extended the validity of the LoP up to 31st December, 2015.
(vi)
Request of M/s. APPL Industries Ltd., a unit in the multi product SEZ being
developed by M/s. Dahej SEZ at Bharuch, Gujarat for extension of Letter of Permission
(LOP) beyond 13th February, 2012
The Board after deliberations extended the validity of the LoP up to 13th February, 2016.
(vii) Request of M/s. Sajjan Specialty Ltd., a unit in Dahej SEZ for extension of Letter of Permission (LoP) beyond 08th November, 2014
The Board noted that the progress made by the unit is not satisfactory. The Board, after deliberations, decided to defer the proposal and directed DC Dahej SEZ to furnish a detailed report in the matter.
(viii) Request of M/s Kusum Healthcare Pvt. Ltd., a unit in Indore SEZ for extension of validity period of its LoP beyond 28th February 2015
The Board after deliberations extended the validity of the LoP up to 28th February, 2016.
re Pvt. Ltd., a unit in Indore SEZ for extension of validity period of its LoP beyond 28th February 2015
The Board after deliberations extended the validity of the LoP up to 28th February, 2016.
BoA for SEZs held on 20th February, 2015 4
(ix)
Request of M/s. Cadila Healthcare Ltd., a unit in Zydus Pharma SEZ at
Ahmedabad, Gujarat for extension of validity period of its LoP beyond
21st February 2015
The Board after deliberations extended the validity of the LoP up to 21st February, 2016.
(x)
Request of M/s. Amneal Life Sciences Pvt. Ltd., a unit in Zydus Pharma SEZ at
Ahmedabad, Gujarat for extension of validity period of its LoP beyond 4th April, 2015
The Board after deliberations extended the validity of the LoP up to 4th April, 2016.
(xi)
Request of M/s. Ramdev Chemical Industries, a unit in the multi product SEZ
being developed by M/s. Dahej SEZ at Bharuch, Gujarat for extension of Letter of
Permission (LOP) beyond 31st March, 2015
The Board after deliberations extended the validity of the LoP up to 31st March, 2016.
(xii) Request of M/s. Zydus Technologies Ltd., a unit in Zydus Pharma SEZ at Ahmedabad, Gujarat for extension of validity period of its LoP beyond 28th June 2015
The Board after deliberations extended the validity of the LoP up to 28th June, 2016.
(xiii) Request of M/s.
hmedabad, Gujarat for extension of validity period of its LoP beyond 28th June 2015
The Board after deliberations extended the validity of the LoP up to 28th June, 2016.
(xiii) Request of M/s. Container Corporation of India Ltd., a unit in SIPCOT Hi-Tech SEZ at Sriperumbudur Taluk, Kancheepuram District, Tamil Nadu for extension of validity period of its LoP beyond 29th November, 2014
The Board after deliberations extended the validity of the LoP up to 29th November, 2015
(xiv) Request of M/s. vTitan Corporation Pvt. Ltd., a unit in DLF IT/ITES at
Ramapuram, Chennai for extension of validity period of its LoP beyond
6th October 2014
The Board after deliberations extended the validity of the LoP up to 6th October, 2015.
(xv) Request of M/s. Tech Mahindra Ltd. (Unit-IV), a unit in NSEZ for extension of LoP beyond 22nd September 2014
The Board after deliberations extended the validity of the LoP up to 22nd September, 2015.
(xvi)
Request of M/s. Samurai Designs & Interiors, a unit in the sector specific SEZ
for Handicraft being developed by M/s. Mahindra World City (Jaipur) Ltd. at village
Kalwara, Tehsil Sanganer, Distt. Jaipur (Rajasthan) for extension of LoP beyond
10th October 2014
The Board after deliberations extended the validity of the LoP up to 10th June, 2015.
(xvii) Request of M/s. India Agrovision Implement Pvt. Ltd., a unit in the sector specific SEZ for Engineering being developed by M/s. Mahindra World City (Jaipur) Ltd. at village Kalwara, Tehsil Sanganer, Distt.
of M/s. India Agrovision Implement Pvt. Ltd., a unit in the sector specific SEZ for Engineering being developed by M/s. Mahindra World City (Jaipur) Ltd. at village Kalwara, Tehsil Sanganer, Distt. Jaipur (Rajasthan) for extension of LoP beyond 31st May 2014
The Board after deliberations extended the validity of the LoP up to 31st May, 2015.
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(xviii) Request of M/s. G. Metals Company, a unit in NSEZ at Plot No. 98, NSEZ for extension of validity period of its LoP beyond 27th October, 2014
The Board after deliberations extended the validity of the LoP up to 27th October, 2015.
(xix) Request of M/s. Icreon Communications Pvt. Ltd. (Unit-II), a unit in NSEZ at
Noida, Uttar Pradesh for extension of validity period of its LoP beyond
28th February 2015
The Board after deliberations extended the validity of the LoP up to 28th February, 2016.
The Board also directed DC NSEZ to furnish details of all such cases where approval of Building
Plans is pending with the NOIDA Authority, for which Commerce Secretary would be writing to
Chief Secretary, Uttar Pradesh.
(xx) Request of M/s. Infrasoft Technology Ltd., a unit in M/s. MIDC at Rajiv Gandhi InfoTech Park, Hinjewadi, Phase-III, Pune, Maharashtra for extension of LoP beyond 31st July 2014
The Board after deliberations extended the validity of the LoP up to 31st July, 2015.
(xxi) Request of M/s. Eternity Innovations & Technologies Pvt.
r extension of LoP beyond 31st July 2014
The Board after deliberations extended the validity of the LoP up to 31st July, 2015.
(xxi) Request of M/s. Eternity Innovations & Technologies Pvt. Ltd., a unit in MIDC SEZ at Rajiv Infotech Park, Hinjewadi, Phase–III, Pune, Maharashtra for extension of validity period of its LoP beyond 8th January 2015
The Board after deliberations extended the validity of the LoP up to 8th January, 2016.
(xxii) Request of M/s. Epsilon Pharmaceuticals Pvt. Limited, a unit in the sector specific SEZ for Pharmaceutical Formulations being developed by M/s. APIIC Limited at Polepally village, Jedcheria Mandal, Mahaboob Nagar District, Telangana for extension of LoP beyond 13th December 2014
The Board after deliberations extended the validity of the LoP up to 13th December, 2015.
Item No. 64.3 : Requests for co-developer
Approvals for 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 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 and Rules. This is applicable to all cases of co-developers approved by the BoA in this meeting. The decisions of the BoA on the proposals are as under:-
(i) Request of M/s.
and Income Tax Act and Rules. This is applicable to all cases of co-developers approved by the BoA in this meeting. The decisions of the BoA on the proposals are as under:-
(i) Request of M/s. Media Systems India Soft Solutions Private Limited for co- developer in the sector specific SEZ for IT/ITES at Puthencruz and Kunnathunade village, Taluk Kunnathaunadu, Ernakulam District, Kerala, being developed by M/s. Infopark (Phase II)
After deliberations, the Board approved the proposal of M/s. Media Systems India Soft Solutions Private Limited for providing infrastructure facilities and development of IT sector industry, over an area of 0.40 hectares, in accordance with the co-developer agreement
BoA for SEZs held on 20th February, 2015 6
entered into with the developer subject to standard terms and conditions as per SEZ Act and Rules.
(ii) Request of M/s. MATT Projects Pvt. Ltd. for co-developer in the sector specific SEZ for IT/ITES at Kakkanad, Village, Ernakulam District, Kerala, being developed by M/s. SmartCity (Kochi) Infrastructure Pvt. Ltd.
After deliberations, the Board approved the proposal of M/s. MATT Projects Pvt. Ltd. to construct around 3 lakh sq.ft. of office building and supporting facilities such as café, food court, Recreational facilities, fitness facilities, fitness centre, business centre etc.
Pvt. Ltd. to construct around 3 lakh sq.ft. of office building and supporting facilities such as café, food court, Recreational facilities, fitness facilities, fitness centre, business centre etc. for information technology, BPO and other knowledge companies to be set up in the SEZ, over an area of 1.2388 hectares, in accordance with the co-developer agreement entered into with the developer subject to standard terms and conditions as per SEZ Act and Rules.
(iii) Request of M/s. SG Academic Establishments Pvt. Ltd. for co-developer in the sector specific SEZ for IT/ITES at Kakkanad, Village, Ernakulam District, Kerala, being developed by M/s. SmartCity (Kochi) Infrastructure Pvt. Ltd.
After deliberations, the Board approved the proposal of M/s. SG Academic Establishments Pvt. Ltd. to construct Primary, Middle and Senior School with day boarding facilities, over an area of 8.26 acre, in accordance with the co-developer agreement entered into with the developer. The Board also directed DoC to inform the co-developer of the dual use option available in terms of notification No. G.S.R. 5(E) dated 2nd January, 2015 of the Department of Commerce subject to standard terms and conditions as per SEZ Act and Rules.
(iv) Request of M/s. Wipro Limited for co-developer in the sector specific SEZ for IT/ITES in Ernakulam District, Kerala, being developed by M/s. Infopark SEZ
After deliberations, the Board approved the proposal of M/s.
ro Limited for co-developer in the sector specific SEZ for IT/ITES in Ernakulam District, Kerala, being developed by M/s. Infopark SEZ
After deliberations, the Board approved the proposal of M/s. Wipro Limited to undertake the work of site development, boundary wall, roads, installation of water supply and sanitation and sewage system, power distribution system, telecom facilities, Air conditioning system, warehouse, welfare facilities including First Aid Center and creche and Employee business stay facilities, cafeteria and fuel storage, over an area of 25.18 acres, in accordance with the co-developer agreement entered into with the developer. The approval is subject to condition that the c-developer will have to fulfill the condition specified in the relevant provisions of the Income-tax Act and maintain separate books of accounts subject to standard terms and conditions as per SEZ Act and Rules.
(v) Request of M/s. Speridian Technologies Private Limited for co-developer in the sector specific SEZ for IT/ITES at Attipra Village, Thiruvananthapuram, Kerala, being developed by M/s. Electronics Technology Parks – Kerala (Technopark)
After deliberations, the Board approved the proposal of M/s. Speridian Technologies Private Limited for providing infrastructure facilities and development of IT sector industry (built up space and common facilities), over an area of 2 acres, in accordance with the co- developer agreement entered into with the developer subject to standard terms and conditions as per SEZ Act and Rules.
ce and common facilities), over an area of 2 acres, in accordance with the co- developer agreement entered into with the developer subject to standard terms and conditions as per SEZ Act and Rules.
BoA for SEZs held on 20th February, 2015 7
(vi) Request of M/s. OPG Power & Infrastructure Pvt. Ltd. for co-developer in Kandla Special Economic Zone
After deliberations, the Board approved the proposal of M/s. OPG Power & Infrastructure Pvt. Ltd. for supply & distribution of power in Kandla Special Economic Zone, in accordance with the co-developer agreement entered into with the developer subject to standard terms and conditions as per SEZ Act and Rules.
(vii) Request of M/s. Volupia Developers Pvt. Ltd. for co-developer in Multi Services SEZ at Ratanpur, District Gandhinagar, Gujarat, being developed by M/s. GIFT SEZ Ltd.
The Board noted that the request of the co-developer is for construction and development of commercial building in the processing area and therefore, after deliberations, decided to reject the proposal.
(viii) Request of M/s. Risk Technology International Limited for co-developer in the sector specific SEZ for IT/ITES at Rajiv Gandhi Infotech Park, Hinjewadi, Phase-III, Pune, Maharashtra, being developed by M/s. Maharashtra Industrial Development Corporation (MIDC)
After deliberations, the Board approved the proposal of M/s. Risk Technology International Limited for construction of building and related infrastructure, over an area of 97010 sq.
ation (MIDC)
After deliberations, the Board approved the proposal of M/s. Risk Technology International Limited for construction of building and related infrastructure, over an area of 97010 sq. mtrs., in accordance with the co-developer agreement entered into with the developer subject to standard terms and conditions as per SEZ Act and Rules.
Item No. 64.4 : Proposals for setting up of SEZs
(i) Proposal of M/s. Infosys Limited, for setting up of a sector specific SEZ for IT/ITES at Sector -85, Noida, District Gautam Budh Nagar, Uttar Pradesh, over an area of 11.161hectares.
The Board noted that the Developer is in possession of the land. The Government of Uttar Pradesh has also recommended the proposal vide their letter dated 22.10.2014. Accordingly, the Board decided to grant formal approval to the proposal of M/s. Infosys Limited, for setting up of a sector specific Special Economic Zone for IT/ITES at Sector – 85, Noida, District Gautam Budh Nagar, Uttar Pradesh, over an area of 11.161 hectares.
Item No. 64.5 : Cases for ratification by the BoA
(i) Request of M/s. Shiva Pharmachem Ltd., a unit in M/s. Dahej SEZ Limited, Gujarat for extension of LoP beyond 3rd October, 2014
The Board after deliberations ratified the proposal for extension of validity period of LoP up to 31st March, 2015.
(ii) Request of M/s.
Gujarat for extension of LoP beyond 3rd October, 2014
The Board after deliberations ratified the proposal for extension of validity period of LoP up to 31st March, 2015.
(ii) Request of M/s. Kanav Agronomy, a unit in MIHAN-SEZ, Nagpur, for extension of validity period of LoA beyond 25th August, 2014
The Board after deliberations ratified the proposal for extension of validity period of LoP up to 30th November, 2014.
BoA for SEZs held on 20th February, 2015 8
Item No. 64.6 : Miscellaneous Cases
(i) Request of M/s Brooke Bond Real Estates Private Limited., developer of sector specific SEZ for IT/ITES/BPO/ Electronic Hardware at Village Kundalhalli, Hobli, Krishnarajapuram, Tal: Bangalore (South), Karnataka for change of ownership
After deliberations, the Board approved the request of the developer for change of ownership of the company, subject to 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 change in equity/merger, demerger, amalgamation or
transfer in ownership etc.
h regulate issues like capital gains, equity change, transfer, taxability etc.
(iv) Full financial details relating to change in equity/merger, demerger, amalgamation or
transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT,
Department of Revenue and to the jurisdictional Authority.
(v) The Assessing Officer shall have the right to examine and assess the taxability and
eligibility for deduction under relevant sections of the Income Tax Act, 1961.
(vi) The applicant shall comply with relevant State Government laws, including those
relating to lease of land, as applicable.
(vii) The developer shall furnish details of PAN and jurisdictional assessing officer of the
developer to CBDT.
(ii) Request of M/s. Aditi Technologies Pvt. Limited, Co-developer in Manyata Embassy Business Park SEZ, a sector specific SEZ for IT/ITES for transfer of equity shares to M/s. Symphony Teleca Corporation Private Limited, Bangalore
After deliberations, the Board approved the request of the co-developer for transfer of equity shares to M/s Symphony Teleca Corporation Private Limited, subject to following conditions:-
(i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered co-developer entity; (ii) Fulfillment of all eligibility criteria applicable to co-developers, including security clearances etc., by the altered co-developer entity and its constituents; (iii) Applicability of and compliance with all Revenue / Company Affairs /SEBI etc.
le to co-developers, including security
clearances etc., by the altered co-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 change in equity/merger, demerger, amalgamation or
transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT,
Department of Revenue and to the jurisdictional Authority.
(v) The Assessing Officer shall have the right to examine and assess the taxability and
eligibility for deduction under relevant sections of the Income Tax Act, 1961.
(vi) The applicant shall comply with relevant State Government laws, including those
relating to lease of land, as applicable.
(vii) The co-developer shall furnish details of PAN and jurisdictional assessing officer of
the co-developer to CBDT.
BoA for SEZs held on 20th February, 2015 9
(iii) Request of M/s Torrent Energy Ltd. (co-developer in Dahej SEZ), for amalgamation/merger with M/s. Torrent Power Ltd.
The Board after deliberations decided to defer the proposal and directed DC, Dahej SEZ to re-examine the proposal afresh and re-submit the same after bringing out the implications of the amalgamation on the obligations of the two entities as per the SEZ Act & Rules.
ed DC, Dahej SEZ to re-examine the proposal afresh and re-submit the same after bringing out the implications of the amalgamation on the obligations of the two entities as per the SEZ Act & Rules.
(iv) Request of M/s ONGC Petro additions Limited (OPaL), a unit in multi-product SEZ developed by Dahej SEZ at Bharuch Gujarat for permission for laying of product/effluent pipeline through the SEZ to DTA
After deliberations, the Board decided to approve the proposal for laying following product/effluent pipelines, through the SEZ to DTA:-
(i) Naptha Pipeline from GCPTCL, Dahej (DTA) to Opal Complex in Dahej SEZ (ii) LPG Pipeline from GCPTCL, Dahej (DTA) to Opal Complex in Dahej SEZ and (iii) Effluent Pipeline from Opal Complex, Dahej SEZ to GIDC Common Effluent Disposal Facility in DTA.
The approval is subject to the condition that the unit will not avail any duty benefits on laying of the said pipelines. The DC, Dahej SEZ would ensure proper accountal of quantum of goods supplied to and received from DTA.
(v) Proposal of M/s. Estancia IT Park Pvt. Ltd. developer in the sector specific SEZ for IT/ITES at Vallancherry village, Guduvanchery, Chengalpattu Taluk, Kancheepuram District, Tamil Nadu for approval of authorized operation in the non- processing area of the SEZ
After deliberations, the Board approved the proposal of the developer for the following authorized operation in the non-processing area of the SEZ subject to the condition that the authorized operation shall be available for use of the SEZ only.
S. No.
developer for the following authorized operation in the non-processing area of the SEZ subject to the condition that the authorized operation shall be available for use of the SEZ only.
S. No. Authorized Operations Area per unit (in sqm.) as per FSI / FAR norms as applicable Total area (in sqm.) / capacity (in MW) 1. Construction of a School Approx. 7000 sqmts for wards of employees for the school As per TNEB norms (i) Approximately 918 sq mts (approx. 9877 sq ft) Circular Open area for playground purpose. (ii) Approximately 7000 sq mts (75212 sq ft) Circular constructed area for School building (iii) Construction of school comprises of Ground plus 2 floors, within the norms of Local authorities.
The Board also directed DoC to inform the developer of the dual use option available in terms of notification No. G.S.R. 5(E) dated 2nd January, 2015 of the Department of Commerce.
BoA for SEZs held on 20th February, 2015 10
(vi) Request of M/s TRIL Infopark Ltd., developer of sector specific SEZ for IT/ITES at Taramani, Chennai, Tamil Nadu for transfer of equity
After deliberations, the Board approved the request of the developer for transfer of equity, subject to 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;
ns 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 change in equity/merger, demerger, amalgamation or
transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT,
Department of Revenue and to the jurisdictional Authority.
(v) The Assessing Officer shall have the right to examine and assess the taxability and
eligibility for deduction under relevant sections of the Income Tax Act, 1961.
(vi) The applicant shall comply with relevant State Government laws, including those
relating to lease of land, as applicable.
(vii) The developer shall furnish details of PAN and jurisdictional assessing officer of the
developer to CBDT.
(vii) Request of M/s Ascendas IT SEZ (Chennai) Private Limited a co-developer of M/s. Mahindra World City SEZ, sector specific SEZ for IT/ITES at Chennai, Tamil Nadu for transfer of equity to M/s. Cyber Pearl Information Technology Park Private Limited
After deliberations, the Board approved the request of the co-developer for transfer of equity shares to M/s.
r transfer of equity to M/s. Cyber Pearl Information Technology Park Private Limited
After deliberations, the Board approved the request of the co-developer for transfer of equity shares to M/s. Cyber Pearl Information Technology Park Private Limited, subject to following conditions:-
(i) Seamless continuity of the SEZ activities with unaltered responsibilities and
obligations for the altered co-developer entity;
(ii) Fulfillment of all eligibility criteria applicable to co-developers, including security
clearances etc., by the altered co-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 change in equity/merger, demerger, amalgamation or
transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT,
Department of Revenue and to the jurisdictional Authority.
(v) The Assessing Officer shall have the right to examine and assess the taxability and
eligibility for deduction under relevant sections of the Income Tax Act, 1961.
(vi) The applicant shall comply with relevant State Government laws, including those
relating to lease of land, as applicable.
(vii) The co-developer shall furnish details of PAN and jurisdictional assessing officer of
the co-developer to CBDT.
te Government laws, including those relating to lease of land, as applicable. (vii) The co-developer shall furnish details of PAN and jurisdictional assessing officer of the co-developer to CBDT.
BoA for SEZs held on 20th February, 2015 11
(viii) Proposal of M/s. Indiabulls Realtech Limited (IRL), a co-developer in multi product SEZ at Sinner MIDC, Nasik, Maharashtra being developed by M/s. Indiabulls Industrial Infrastructure Ltd. for providing an entry/exit gate for thermal power plant in non-processing area
After deliberations, the Board approved the proposal of the co-developer for providing an entry/exit gate for Thermal Power Plant in the non-processing area of the SEZ, subject to the condition that any additional cost so incurred on deployment of any extra manpower for manning the said gate will be borne by the developer.
(ix) Request of M/s. Hyderabad Gems SEZ limited for broad banding of Gems and Jewellery sector specific SEZ at Ranga Reddy District, Telangana to include manufacture of similar or compatible products or services or ancillary services
After deliberations, the Board approved the proposal for broad-banding to include manufacture of similar or compatible products or services or ancillary services as detailed below:-
(i) Machine manufacturers for gems & jewellery and diamonds (ii) Consumable manufacturers related with gems & jewellery and diamonds (iii) Packing materials manufacturers related to gems & jewellery and diamonds
ufacturers for gems & jewellery and diamonds (ii) Consumable manufacturers related with gems & jewellery and diamonds (iii) Packing materials manufacturers related to gems & jewellery and diamonds (iv) Component manufacturers related to gems & jewellery and diamonds (v) Life style products such as watches, pens, idols, artifacts, casting, spectacles frames, fashion accessories (which include precious metals, stones, natural or cultured pearls etc.) (vi) Designing of jewellery and life style products – services (vii) Jeweler, Gold smiths’ and silversmiths’ wares and other articles, classified under HS codes 7113-7118 (i.e., coins and other monetary units).
Item No. 64.7 : Cancellation of Formal Approvals
The Board examined the 57 cases of the agenda for cancellation of formal approval. The Board noted that in case of M/s Gujarat Industrial Development Corporation (GIDC) at Savli, Gandhinagar, Gujarat (Sr. No. 11 of the agenda), the DC KASEZ has now recommended the proposal for extension of validity period of formal approval till 22.05.2016 informing that the developer has initiated significant steps to operationalise the SEZ like issue of offer-cum-allotment letter to a unit, processing the work of commissioning of 320 KLD capacity effluent treatment plant, etc. and the developer has made an investment of Rs. 11.42 crores. The Board after deliberations, decided to extend the validity period of formal approval of M/s GIDC upto 22.05.2016.
tment plant, etc. and the developer has made an investment of Rs. 11.42 crores. The Board after deliberations, decided to extend the validity period of formal approval of M/s GIDC upto 22.05.2016.
In respect of remaining 56 cases, the Board noted that the progress made by the developers is not satisfactory. The Board, after deliberations, decided to cancel the formal approval/notification, as the case may be, in the following 56 cases. The approval is subject to the DC furnishing a certificate in the prescribed format certifying that the developer has not availed any tax/duty benefits including Service Tax Exemptions, if any, under SEZ Act/Rules, or has refunded any such benefits availed by it:-
BoA for SEZs held on 20th February, 2015 12
Sr.
No.
Name of the Developer/co-developer
Sector
Date of
formal
approval
Zone
1.
M/s. Zoom Developers Pvt. Ltd.
(Indore, Madhya Pradesh)
Multi Services
26.07.2007
ISEZ
2.
M/s. Malwa IT Park Ltd.
(Indore, Madhya Pradesh)
IT/ITES
07.01.2008
ISEZ
3.
M/s. Gwalior Agriculture Co. Ltd.
(Indore, Madhya Pradesh)
Multi Service
01.02.2008
ISEZ
4.
M/s. Cassandra Realty Pvt. Ltd.
(Indore, Madhya Pradesh)
IT/ITES
01.02.2008
ISEZ
5.
M/s. Parsvnath SEZ Ltd.
(Village Lasudia Parmar, Indore, Madhya Pradesh)
IT/ITES
25.10.2006
ISEZ
6.
M/s. Writers & Publishers Ltd.
(Chhindwara, Madhya Pradesh)
IT/ITES
19.06.2007
ISEZ
7.
M/s. Dishman Infrastructure Ltd.
(Ahmedabad, Gujarat)
Engineering
22.04.2008
KASEZ
8.
M/s. Biotor Industries Ltd.
Publishers Ltd.
(Chhindwara, Madhya Pradesh)
IT/ITES
19.06.2007
ISEZ
7.
M/s. Dishman Infrastructure Ltd.
(Ahmedabad, Gujarat)
Engineering
22.04.2008
KASEZ
8.
M/s. Biotor Industries Ltd.
(Bharuch, Gujarat)
Chemical
(Agro based)
23.05.2007
KASEZ
9.
M/s. SGV Infrastructure Pvt. Ltd.
(Ahmedabad, Gujarat)
IT/ITES
30.10.2008
KASEZ
10.
M/s. Gujarat Growth Centres Development Corporation
Ltd.
(Kutch, Gujarat)
Handicraft and
Artisan
25.06.2007
KASEZ
11.
M/s Xansa (India) SEZ Development Pvt. Ltd.
(Chennai, Tamilnadu)
IT/ITES
17.01.2006
MEPZ
12.
M/s. Anand Infoedge Pvt. Ltd.
(Noida, Uttar Pradesh)
IT/ITES
27.02.2009
NSEZ
13.
M/s. ATS Estates Pvt. Ltd.
(Patiala, Punjab)
IT/ITES
20.08.2008
NSEZ
14.
M/s. Bentex Towers Pvt. Ltd.
(Gurgaon, Haryana)
Multi services
16.11.2006
NSEZ
15.
M/s. CBS International Projects Pvt. Limited
(Noida, Uttar Pradesh)
IT/ITES
10.09.2008
NSEZ
16.
M/s. Delhi Metro Rail Corporation
(New Delhi)
IT/ITES
27.06.2006
NSEZ
17.
M/s. DLF Commercial Developers Ltd.
(Noida, Uttar Pradesh)
IT/ITES
03.07.2008
NSEZ
18.
M/s. Global Health Private Limited
(Gurgoan, Haryana)
Biotechnology
and associated
R&D activities
06.11.2006
NSEZ
19.
M/s. Ishan Developers & Infrastructure Pvt. Ltd.
(Amritsar, Punjab)
Textile
19.05.2009
NSEZ
20.
M/s. Max Digi Infotech Pvt. Ltd.
(Noida, Uttar Pradesh)
IT/ITES
01.07.2008
NSEZ
21.
M/s. Pavitra Dham Constructions (P) Ltd.,
(Greater Noida, Uttar Pradesh)
IT/ITES
25.05.2006
NSEZ
22.
M/s. Primrose Buildworth Pvt. Ltd.
(Distt.
tar Pradesh)
IT/ITES
01.07.2008
NSEZ
21.
M/s. Pavitra Dham Constructions (P) Ltd.,
(Greater Noida, Uttar Pradesh)
IT/ITES
25.05.2006
NSEZ
22.
M/s. Primrose Buildworth Pvt. Ltd.
(Distt. Nuh, Haryana)
IT/ITES
25.06.2008
NSEZ
23.
M/s. Shipra Estate Limited
(Mohali, Punjab)
IT/ITES
27.02.2009
NSEZ
24.
M/s. Starex SEZ Develpers Pvt. Ltd.
(Gurgaon, Haryana)
IT/ITES
13.12.2007
NSEZ
25.
M/s. State Industrial Development of Uttaranchal Limited
(Udham Singh Nagar Uttrakhand))
Multi Product
21.08.2006
NSEZ
26.
M/s. Sukhmani Towers Private Ltd.
(Nanetpur & Jawaharpur, Punjab)
IT/ITES
30.07.2007
NSEZ
27.
M/s. Wellgrow Buildcon P. Ltd.
(Gurgaon, Haryana)
IT/ITES 21.04.2008 NSEZ
BoA for SEZs held on 20th February, 2015 13
M/s. Wellgrow Infotech Pvt. Ltd.
(Noida, Uttar Pradesh)
IT/ITES
12.02.2009
NSEZ
29.
M/s. Deccan Infrastructure and Land Holdings Ltd.
(Chinnakondur, Choutuppal, Nalgonda Distt.)
Pharmaceutical
Products
including
medical devices
30.10.2008
VSEZ
30.
(Akuthotapally, Amangal, Mahboobnagar)
Textile, Apparel,
Garments,
Fashion Acc.
25.06.2008
VSEZ
31.
(Mudhvin, Mahboobnagar)
Engineering
(Agriculture,
Livestock and
related)
25.06.2008
VSEZ
32.
(Dasarlapally, Mulugu Mandal, Medak Distt.)
Biotech
25.06.2008
VSEZ
33.
(Mamidipally, Shamshabad, R.R. Dist)
FTWZ
25.06.2008
VSEZ
34.
(Amangal, Mahboobnagar)
FTWZ
25.06.2008
VSEZ
35.
(Amangal, Mahboobnagar Distt.)
Gems &
Jewellery
25.06.2008
VSEZ
36.
(Mamidipally, Shamshabad, R.R. Dist)
FTWZ
25.06.2008
VSEZ
34.
(Amangal, Mahboobnagar)
FTWZ
25.06.2008
VSEZ
35.
(Amangal, Mahboobnagar Distt.)
Gems &
Jewellery
25.06.2008
VSEZ
36.
(Bhongir, Nalgonda)
Light
Engineering
30.10.2008
VSEZ
37.
(Kommadivill, Madhurawada, Visakhapatnam)
IT/ITES
30.10.2008
VSEZ
38.
(Kukatpally, R.R. Distt.)
IT/ITES
03.07.2008
VSEZ
39.
(Shamshabad, Hyderabad)
IT/ITES
03.07.2008
VSEZ
40.
(Bachupally, Qutbullapur, R.R. Dist)
IT/ITES
03.07.2008
VSEZ
41.
(Koheda, Hayathnagar, R.R. Dist.)
IT/ITES
03.07.2008
VSEZ
42.
(Paradesipalem, Madhurawada, Visakhapatnam)
IT/ITES
08.09.2008
VSEZ
43.
M/s. AP Markfed
(Karimnagar)
IT/ITES
08.02.2008
VSEZ
44.
M/s. Bavana Sai Associate
(Kesarapallli village, Andhra Pradesh)
IT/ITES
21.08.2006
VSEZ
45.
M/s. VGTM Urban Development Authority
(Nowluru village, Guntur District, Andhra Pradesh)
IT/ITES
25.06.2007
VSEZ
46.
M/s. JSW Aluminum Limited
(Vizianagaram District, Andhra Pradesh)
Aluminum sector
27.02.2009
VSEZ
47.
M/s. Whitecity Projects International Pvt. Ltd.
(Guntur Dist, A.P)
IT/ITES
22.06.2007
VSEZ
48.
M/s Real Griha Nirman Pvt. Ltd.
(Hindupur, Ananthapur District, Andhra Pradesh)
Biotech
18.06.2009
VSEZ
49.
M/s. Shirpur Gold Refinery Ltd.
(Dhulia, Maharashtra)
Gems &
Jewellery
21.06.2007
SEEPZ
50.
M/s. Cavalcade Properties Pvt. Ltd.
(Pune, Maharashtra)
IT/ITES
27.02.2009
SEEPZ
51.
M/s. Rameshwar Vaibhav Development Pvt. Ltd.
(Raigad, Maharashtra)
IT/ITES
24.09.2008
SEEPZ
52.
M/s.
/s. Cavalcade Properties Pvt. Ltd.
(Pune, Maharashtra)
IT/ITES
27.02.2009
SEEPZ
51.
M/s. Rameshwar Vaibhav Development Pvt. Ltd.
(Raigad, Maharashtra)
IT/ITES
24.09.2008
SEEPZ
52.
M/s. Sun Infrastructure Pvt. Ltd.
(Pune, Maharashtra)
Engineering
26.02.2009
SEEPZ
53.
M/s. Sun Infrastructure Pvt. Ltd.
(Nasik, Maharashtra)
IT/ITES
27.02.2009
SEEPZ
54.
M/s. Wakad Realty Pvt. Ltd.
(Pune, Maharashtra)
IT/ITES 29.02.2009 SEEPZ
BoA for SEZs held on 20th February, 2015 14
M/s. Navi Mumbai SEZ Pvt. Ltd.
(Kalamboli, Maharashtra)
IT/ITES (B)
26.07.2007
SEEPZ
56.
M/s. RNA Builders
(Village Ghodbunder, Dist. Thane, Maharashtra)
IT/ITES
30.07.2007
SEEPZ
Item No. 64.8 : Appeals before BoA
(i) Appeal of M/s. Moser Baer India Ltd., a unit in NSEZ against order dated 10.09.2014 of the UAC
The Board heard the appellant and after examining the matter directed DC NSEZ to ask the unit to submit their business plan and the project report. Thereafter, the DoC may examine the issue on file considering the reply of the unit and the comments of the DC NSEZ.
(ii) Appeal of M/s. AGKEM Impex Pvt. Ltd., a unit in RIICO, SEZ II, Sitapura, Jaipur against order dated 10.09.2014 of the UAC
The Board heard the appellant and noted that there are discrepancies in the figures quoted by the unit and the DC NSEZ.
ICO, SEZ II, Sitapura, Jaipur against order dated 10.09.2014 of the UAC
The Board heard the appellant and noted that there are discrepancies in the figures quoted by the unit and the DC NSEZ. Moreover, the non-achievement of positive NFE needs to be examined as per relevant provisions of the FTDR Act and the extension of the LoP needs to be decided separately. The Board, accordingly, directed DC NSEZ to reconcile the NFE figures and pass a speaking order. The Board also directed DC NSEZ to re-consider grant of extension of LoP to the unit as per relevant provisions of the SEZ Act and Rules after considering all relevant facts of the case.
(iii) Appeal of M/s. Garmex India, a unit in NSEZ against order dated 19th November, 2014 of the DC NSEZ
The Board noted that the unit has requested to withdraw the appeal. Accordingly, the Board allowed the appeal to be withdrawn.
(iv) Appeal of M/s. Sterling Flatware Ltd., a unit in NSEZ against order dated 19.11.2014 of the DC NSEZ
The Board heard the appellant and noted that the unit had applied to transfer the civil structure constructed at Plot No. 9 in NSEZ on 30.10.2012 and the LoP dated 08.01.1990 of the unit was cancelled on 01.04.2013, whereas the Rule 74A was introduced w.e.f. 12.08.2013.
After deliberations, the Board decided to remand the case to DC NSEZ to pass a speaking order after examining all relevant facts of the case and the applicable Rule position.
(v) Appeal of M/s.
After deliberations, the Board decided to remand the case to DC NSEZ to pass a speaking order after examining all relevant facts of the case and the applicable Rule position.
(v) Appeal of M/s. TransGenez Infotech, a unit in MIDC at Hinjewadi, Pune, Maharashtra against order dated 16.09.2014 of the UAC
The Board heard the appellant and after examining the matter decided to extend the validity of the LoP of the unit by one year i.e. upto 28.10.2015.
BoA for SEZs held on 20th February, 2015 15
Decision on Supplementary Agenda
Item No. 64.9: Requests for extension of LoP beyond 3rd Year onwards
(i)
Request of M/s. Sesa Sterlite Ltd., a unit in Vedanta Aluminum Limited SEZ at
Jharsuguda, Odisha for extension of validity period of its LoP beyond 7th April 2015
The Board after deliberations extended the validity of the LoP up to 7th April, 2016.
(ii)
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, 2015
The Board after deliberations extended the validity of the LoP up to 23rd April, 2016.
(iii) Request of M/s Yash Technologies Pvt. Ltd., a unit in MIDC at Plot No. 23/1, Rajiv Gandhi Infotech Park, Hinjewadi, Phase-III, Pune, Maharashtra for extension of validity period of its LoP beyond 10th November 2014
The Board noted that the progress made by the unit is not satisfactory.
nfotech Park, Hinjewadi, Phase-III, Pune, Maharashtra for extension of validity period of its LoP beyond 10th November 2014
The Board noted that the progress made by the unit is not satisfactory. Accordingly, the Board, after deliberations, decided to reject the proposal for further extension of LoP.
Item No. 64.10: Requests for co-developer
(i) Request of M/s. Syngene International Limited for co-developer in the multi product SEZ at Mangalore, Karnataka, being developed by M/s. Mangalore SEZ Limited
After deliberations, the Board approved the proposal of M/s. Syngene International Limited for setting up of Green Field Campus consisting of common infrastructure catering to combination of units, viz. Active Pharmaceutical Ingredients (APL), Advanced Intermediates (AI), Agro chemicals (AC) and the development of common infrastructure for their campus, over an area of 16.2 hectares, in accordance with the co-developer agreement entered into with the developer subject to standard terms and conditions as per SEZ Act and Rules.
(ii) Request of M/s. Adani CMA Mundra Terminal Pvt. Ltd. for co-developer in the multi product SEZ at Mundra, Kutch, Gujarat, being developed by M/s. Adani Port and Special Economic Zone Ltd alongwith specific authorized operations
The Board noted that the proposal of the co-developer is to develop, operate and maintain Container Terminal and related infrastructure facilities & services and for approval of authorized operations in the processing area of the SEZ.
the co-developer is to develop, operate and maintain Container Terminal and related infrastructure facilities & services and for approval of authorized operations in the processing area of the SEZ. The Board, after deliberations decided to defer the proposal.
(iii) Request of M/s. S.J. Contracts Pvt. Ltd. for co-developer in the sector specific SEZ for Bioteh at village Mahiri, Budruck, Taluka Haveli, District Pune, Maharashtra, being developed by M/s. SEZ Biotech Services Pvt. Ltd.
The Development Commissioner, SEEPZ SEZ sought approval of the Board to withdraw the proposal. The proposal was accordingly withdrawn.
BoA for SEZs held on 20th February, 2015 16
Item No. 64.11: Proposals for setting up of SEZs
(i) Proposal of M/s. Adani Ports and Special Economic Zone Ltd. (APSEZL), for setting up of Multi Product SEZ at Mundra Taluka, District Kutch, Gujarat, over an area of 1856.5335 hectares
The Board noted that the Developer is in possession of the land. The Government of Gujarat had recommended the proposal vide their letter dated 23.08.2013. Ministry of Home Affairs has also granted security clearance to the proposal on 22nd July, 2014.
The Board further noted that DGEP, D/o Revenue has made the following observation vide their letter dated 03.12.2014 and 06.02.2015:-
(i) DoC has not yet issued any order indicating that delineation of the built up area in the port in terms of directions dated 24.10.2008 of EGoM has been completed.
03.12.2014 and 06.02.2015:-
(i) DoC has not yet issued any order indicating that delineation of the built up area in the port in terms of directions dated 24.10.2008 of EGoM has been completed. (ii) Independent access to the proposed SEZ is yet to be established. Developer has to complete it before the land parcels can be formally approved as SEZ.
The Board was apprised that the DoC has issued the delineation order on 17.02.2015. Regarding independent access, the Board was informed that since the construction of flyover was likely to take five years for completion, the developer had submitted a new proposal to DoC on 14.10.2014, wherein the developer had proposed to built a dedicated road corridor of about 950 meters for movement of the cargo of proposed SEZ through the existing SEZ. On both sides of the corridor road barriers would be built to control movement of cargo and to avoid mixing of the cargo of the two SEZs.
The Board was informed that the developer has completed the work of building the dedicated fenced corridor and has built road barriers on both sides of the corridor. The corridor and the road barriers have been inspected by the officials of DC APSEZ and has been found to be satisfactory. The cargo of new SEZ can move through this fenced corridor to DTA in a controlled manner without getting mixed up with the cargo of existing SEZ. The developer has also submitted photographs of the corridor and road barriers.
Accordingly, the Board decided to grant formal approval to the proposal of M/s.
up with the cargo of existing SEZ. The developer has also submitted photographs of the corridor and road barriers.
Accordingly, the Board decided to grant formal approval to the proposal of M/s. Adani Ports and Special Economic Zone Ltd. (APSEZL), for setting up of multi product Special Economic Zone at Mundra Taluka, District Kutch, Gujarat, over an area of 1856.5335 hectares. However, in case any duty exemption has been availed in completing the independent access, the same shall be refunded back by the developer. The developer would construct boundary wall on both sides along the independent access and dedicated fenced corridor, within 6 months. The developer shall also construct boundary wall to separate the new SEZ from the earlier SEZ and DTA. The sea front of the new SEZ shall be patrolled by Customs/Coast Guard, the cost of which shall be borne by the developer.
BoA for SEZs held on 20th February, 2015 17
Item No. 64.12: Miscellaneous cases
(i) Request from M/s Reliance Industries Limited (RIL) for grant of permission for Right of Way (RoW) to lay 8 MGD Water Supply Pipeline from GIDC-II Water Reservoir-Rahiyad to RIL-Dahej Unit through Dahej SEZ Limited
The Board after deliberations decided to approve the proposal of M/s Reliance Industries Limited for Right of way to lay 8 MGD Water Supply Pipeline from GIDC-II Water Reservoir-Rahiyad to RIL-Dahej Unit through Dahej SEZ Limited, subject to the following conditions:-
(i) M/s. RIL has to execute RoU agreement land with Dahej SEZ Ltd.
eline from GIDC-II Water Reservoir-Rahiyad to RIL-Dahej Unit through Dahej SEZ Limited, subject to the following conditions:-
(i)
M/s. RIL has to execute RoU agreement land with Dahej SEZ Ltd. (DSL) before
commencement of work at site.
(ii) Before laying the water supply line, a trial pit is to be made for exact location of
existing underground services within SEZ area. M/s. RIL has to take care of existing
services in SEZ area. M/s. RIL has to contact concerned authority for necessary
guidance / information / approval. If any damage occurred during execution of work
then same shall be attend by M/s RIL immediately and cost for the same shall be
borne by M/s. RIL. The damage area shall be resorted as per methodology suggested
by concerned authority / DSL.
(iii) The exact route of laying water supply pipeline in SEZ area will be shown by DSL at
the time of execution by M/s RIL after completion of trial pits. During execution, if
for any reason, route of water supply pipeline required to be changed, the alignment
of water supply pipeline will have to be modified accordingly.
(iv) M/s RIL has to cross the existing / proposed services as per the methodology
suggested by concerned authority to lay the water supply line in SEZ area and cost for
the same shall be borne by M/s. RIL.
(v)
M/s. RIL has to keep safe guard distance from existing/proposed services as per the
safety standards/norms of the concern authority / I.S.
(vi) DSL reserves right to lay any underground or overhead services / lines within land
area allotted to M/s RIL on RoU.
services as per the
safety standards/norms of the concern authority / I.S.
(vi) DSL reserves right to lay any underground or overhead services / lines within land
area allotted to M/s RIL on RoU.
(vii) During the execution of works, M/s. RIL must ensure that no damage will be occurred
to any property/services etc. in SEZ. If any damage occurred, then the same shall be
rectified/ restored by M/s. RIL at their own cost as desired by DSL / Concerned
authority.
(viii) Depth of pipeline shall be kept in such a way that there must be clear height (Min 3
Mtr) available from top of foundation to Natural Ground Level (NGL) to enable DSL
to lay any other underground services, if required.
(ix) The said RoU is for laying only water supply pipeline. No any other activity is
permitted in RoU area without written permission of DSL.
(x)
The work shall be executed in consultation with DSL, Dahej.
(xi) M/s. RIL has to maintain the RoU area in good condition.
(xii) M/s. RIL has to build required approach for maintenance of water supply pipeline in
consultation with DSL.
(xiii) M/s.RIL has to follow the rules and regulation prevailing in SEZ area.
(xiv) M/s RIL will not take any duty exemption for any material being used in this project
and pay all the duties as prescribed by Government.
(xv) The said pipeline will be laid in utility area of SEZ and cause no pollution. Also, it
will not cause any hazard/disturbance to SEZ plot holders, other utilities and public at
large.
rnment. (xv) The said pipeline will be laid in utility area of SEZ and cause no pollution. Also, it will not cause any hazard/disturbance to SEZ plot holders, other utilities and public at large.
BoA for SEZs held on 20th February, 2015 18
(ii) Request of M/s Flagship Developers Pvt. Ltd. a co-developer of M/s. Neopro Technologies Pvt. Ltd., sector specific SEZ for IT/ITES at Rajiv info tech park, Phase-I, Hinjewadi, Pune, Maharashtra for change in shareholding and management
After deliberations, the Board approved the request of the co-developer for change in shareholding and management of the company, subject to following conditions:-
(i) Seamless continuity of the SEZ activities with unaltered responsibilities and
obligations for the altered co-developer entity;
(ii) Fulfillment of all eligibility criteria applicable to co-developers, including security
clearances etc., by the altered co-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 change in equity/merger, demerger, amalgamation or
transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT,
Department of Revenue and to the jurisdictional Authority.
(v) The Assessing Officer shall have the right to examine and assess the taxability and
eligibility for deduction under relevant sections of the Income Tax Act, 1961.
the jurisdictional Authority. (v) The Assessing Officer shall have the right to examine and assess the taxability and eligibility for deduction under relevant sections of the Income Tax Act, 1961. (vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable. (vii) The co-developer shall furnish details of PAN and jurisdictional assessing officer of the co-developer to CBDT.
The meeting ended with a vote of thanks to the Chair.
BoA for SEZs held on 20th February, 2015 19
Annexure - 1
List of Participants for the Meeting of the Board of Approval for Special Economic Zones held on 20th February, 2015 under the Chairmanship of Commerce Secretary, Department of Commerce
- Shri Rajeev Kher, Chairman, BoA & Commerce Secretary, Department of Commerce
- Shri Ram Tirath, DGEP, Department of Revenue, Ministry of Finance
- Shri Pravir Kumar, DGFT, Directorate General of Foreign Trade
- Dr. L. B. Singhal, Additional DGFT, Dte. General of Foreign Trade
- Shri Ravinder, Director, Department of Industrial Policy and Promotion
- Ms. Deepshikha Sharma, Director (ITA-1), CBDT, Department of Revenue, Ministry of Finance
- Dr. J.P. Singh, Joint Director, Plant Quarantine, DAC, Ministry of Overseas Affairs
- Shri Mahesh Tyagi, Deputy Legal Advisor, Department of Legal Affairs
- Shri Raj Kumar, Under Secretary, Ministry of Shipping
Director, Plant Quarantine, DAC, Ministry of Overseas Affairs
8. Shri Mahesh Tyagi, Deputy Legal Advisor, Department of Legal Affairs
9. Shri Raj Kumar, Under Secretary, Ministry of Shipping
10. Shri Saurabh Singh, Assistant Director, Office of Development Commissioner
(MSME), Ministry of MSME, Nirman Bhawan.
11. Shri S.V. Singh, DGM (IS-I) M/o Home Affairs
12. Shri Samir Sahai, Asst. Resident Commissioner, Government of Maharashtra
13. Shri R.K. Ratwaya, AZO & Nodal Officer, Government of Chhattisgarh
14. Shri S.P. Singh, CGM (PSIEC), Government of Punjab
15. Shri A.K. Misra, TCPO, Ministry of Urban Development, Vikas Bhawan, I.P. Estate,
New Delhi
16. Shri R.D. Meena, Research Assistant, TCPO, Ministry of Urban Development, Vikas
Bhawan, I.P. Estate, New Delhi
LIST OF DEVELOPMENT COMMISSIONERS
- Shri Sanjeev Nandwani, Development Commissioner, Falta, Kolkata
- Shri N.P.S. Monga, Development Commissioner, SEEPZ SEZ
- Dr. Safeena AN, Development Commissioner, CSEZ
- Shri A.K. Choudhary, Development Commissioner, MEPZ
- Shri Vijay Shewale, Development Commissioner, KASEZ
- Shri K.L. Sharma, Development Commissioner, Sterling SEZ, Gujarat
- Smt. Lata Shukla, Development Commissioner, Mundra SEZ
- Shri A.K. Rathore, Joint Development Commissioner, ISEZ, Indore, Madhya Pradesh.
- Shri Sumeet Jerath, Development Commissioner, Noida SEZ
- Shri Rakesh kumar, Deputy Development Commissioner, Noida SEZ
LIST OF PARTICIPANTS FROM DEPARTMENT OF COMMERCE
Pradesh.
25. Shri Sumeet Jerath, Development Commissioner, Noida SEZ
26. Shri Rakesh kumar, Deputy Development Commissioner, Noida SEZ
LIST OF PARTICIPANTS FROM DEPARTMENT OF COMMERCE
- Shri Rajani Ranjan Rashmi, Additional Secretary, Department of Commerce
- Dr. Guruprasad Mohapatra, Joint Secretary, Department of Commerce
- Shri Madhup Vyas, Director, Department of Commerce
- Shri S.S. Kumar, Under Secretary, Department of Commerce
- Shri Kabiraj Sabar, Under Secretary, Department of Commerce
- Shri Vinod Kumar, Section Officer, Department of Commerce
- Shri K.C. Biswal, Section Officer, Department of Commerce
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