Minutes of the 70th BoA SEZ Meeting held on 28th April, 2016
In force — no superseding record on file.
, Minutes of the 70'* meeting of the Board of Approval for SEZs held on 28 April 2016 to consider proposals for setting up Special Economic Zones and other miscellaneous proposals
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Zones The Seventieth (70") meeting of the Board of Approval (BoA) for Special Economic (SEZs) was held on 28" April, 2016 under the Chairpersonship of Ms. Rita Teaotia, Secretary, Department of Commerce, at 11.00 A.M. in Room No. 47, Udyog Bhawan, New Delhi to consider the proposals in respect of notified/approved SEZs. The list of participants is Annexed (Annexure-1).
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(i) 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, 2016.
20th April,The 2017.Board, after deliberations, extended the validity of the formal approval up to (ii) |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, 2016
13th July,The2017.Board, after deliberations, extended the validity of the formal approval up to
(iii) Request for further extension of LoA from M/s. Wipro Limited for setting up of IT/ATES/BPO SEZ at Kodathi village, Varthur hobli, Sarjapur Road, Bangalore, Karnataka beyond 26" May 2016
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(iii) Request for further extension of LoA from M/s. Wipro Limited for setting up of IT/ATES/BPO SEZ at Kodathi village, Varthur hobli, Sarjapur Road, Bangalore, Karnataka beyond 26" May 2016
26" May,The2017.Board, after deliberations, extended the validity of the formal approval up to
(iv) Request of M/s. Brookefields Real Estates and Projects Private Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for IT/ITES/BPO/Electronic Hardware at “Brooke fields”, Village Kundalahalli, Hobli Krishnarajapuram, Taluk Bangalore South, Karnataka, beyond 31" March 2016.
The Board, after deliberations, directed DC, CSEZ to obtain and furnish a report indicating financial closure. Thereafter, the proposal will be considered on file with the approval of Commerce Secretary.
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Minutes of the 70" meeting of the BoA for SEZs held on 28" April, 2016 2
(v) Request of M/s. Vedanta 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, Odisha beyond 22"" May, 2016. 22"4 May,The2017.Board, after deliberations, extended the validity of the formal approval up to
Item No. 70.2: Requests for extension of validity of in-principle approval
a beyond 22"" May, 2016. 22"4 May,The2017.Board, after deliberations, extended the validity of the formal approval up to
Item No. 70.2: Requests for extension of validity of in-principle approval
(i) Proposal of M/s. Avash Logistic Park Private Limited for extension of the validity of in-principle approval for setting up of a FTWZ at villages Mota Layaja, Godhara & Bayath Taluka — Mandvi, District Kutch, Gujarat, beyond 12 May 2016. 12" The Board, after deliberations, extended the validity of the in-principle approval up to May, 2017 and directed DC KASEZ to ensure that unless all clearances are received, no physical construction will be carried out. The Board also directed that this would be the final extension.
(ii) Proposal of M/s. Sealand Ports Private Limited for extension of the validity of inprinciple approval for setting up of multi product SEZ at Villages — Layaja, Ratadiya, Godhra, Bayath & Undoth, Taluka — Mandvi, District-Kutch, Gujarat, beyond 12" May, 2016. 12" The Board, after deliberations, extended the validity of the in-principle approval up to May, 2017 and directed DC KASEZ to ensure that unless all clearances are received, no physical construction will be carried out. The Board also directed that this would be the final extension.
Item No. 70.3 : Requests for extension of LoP beyond 3™ Year onwards
(i) Request of M/s. Hangers Plus (India) Pvt. Ltd., a unit in Mahindra World City - Apparel and Fashion Accessories SEZ, Kancheepuram Distt, Tamil Nadu for extension of LoP beyond 31* March, 2016.
The Board, after deliberations, extended the validity of the LoP up to 30th September, 2016(Six months) subject to the condition that this was the final extension.
(ii) M/s. CHL Limited a unit in NSEZ for extension of LoP beyond 18"" June, 2009. The Board, after deliberations, extended the validity ofthe LoP up to 28" April, 2017.
(iii) | Request of M/s. Soncoya Solutions Pvt. Ltd., a unit in M/s. Mahindra World City (Jaipur) Ltd. for sector specific SEZ for IT/ITES at Village Kalwara, Tehsil Sanganer, District Jaipur, Rajasthan for extension of LoP beyond 1“ February 2016. and The Board, after deliberations, extended the validity of the LoP up to 1" February, 2017 also directed DC, NSEZ to keep the developments of the Unit under watch.
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(iv) Request of M/s. Indofil Industries Limited, a unit in the multi product SEZ being developed by M/s. Dahej SEZ at Bharuch, Gujarat for extension of LoP beyond 13" March 2016
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The Board, after deliberations, extended the validity of the LoP up to 13" March, 2017.
ct SEZ being developed by M/s. Dahej SEZ at Bharuch, Gujarat for extension of LoP beyond 13" March 2016
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The Board, after deliberations, extended the validity of the LoP up to 13" March, 2017.
(v) Request of M/s. Ajanta Pharma Limited, a unit in the multi product SEZ being developed by M/s. Dahej SEZ at Bharuch, Gujarat for extension of LoP beyond 1° April 2016
The Board, after deliberations, extended the validity of the LoP up to 1* April, 2017.
(vi) Request of M/s. Lupin Ltd., a unit in MIHAN SEZ, for extension of Letter of Permission (LoP) beyond 22" April 2016
The Board, after deliberations, extended the validity of the LoP up to 22™ April, 2017.
(vii) Request of M/s. Godrej & Boyce Manufacturing Company Limited, a unit in the multi product SEZ being developed by M/s. Dahej SEZ at Bharuch, Gujarat for extension of LoP beyond 29" May 2016
- The Board, after deliberations, extended the validity of the LoP up to 29" November,
(viii) 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 10" May, 2016
The Board, after deliberations, extended the validity of the LoP up to 10" May, 2017.
(ix) Request of M/s. Surya Gems & Jewellery, a unit in Sitapura SEZ at Jaipur for extension of LoP beyond 29" January 2016. and directedThe Board,that this after was deliberations,the final extension. extended the validity ofthe LoP up to 29" January, 2017
pura SEZ at Jaipur for extension of LoP beyond 29" January 2016. and directedThe Board,that this after was deliberations,the final extension. extended the validity ofthe LoP up to 29" January, 2017
(x) | 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 31" March, 2016
- The Board, after deliberations, extended the validity of the LoP up to 30th September, (xi) | 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 28" February 2016
The Board, after deliberations, extended the validity of the LoP up to 28" February, 2017.
Minutes of the 70" meeting of the BoA for SEZs held on 28" April, 2016 4
(xii) Proposal of M/s Trishiraya Recycling (India) Pvt. Ltd. a unit in MEPZ for renewal of LoA
The Board, after deliberations, extended the validity of the LoP up to 31.12.2017.
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(i) Request of M/s. Vedanta Ltd., a unit in Vedanta Aluminium Ltd. SEZ at Jharsuguda, Odisha, for extension of Letter of Permission (LoP) beyond 7" April, 2016 DoC The Board, after deliberations, ratified the extension of validity period granted by up to up to 7" May, 2016 and also extended the validity of LOP up to 7” April, 2017.
Item No. 70.5 : Requests for co-developer
(a) Inthe 65" BoA meeting it was decided to approve co-developer proposals, subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period is reduced to a period not exceeding 30 years (Renewable). Subsequently, in the 66th BOA meeting held on 27.8.2015, based on a reference received from the Government of Kerala, it was decided that in respect of the SEZ projects located in the State of Kerala the lease : period would be as per the lease agreement signed between the Developer and Codeveloper and in all other cases the lease period will continue to be a period not exceeding 30 years (Renewable).
Approval of proposals for Co-developer
and All approvals for co-developers are subject to the condition that particular terms the conditions of lease agreement/co-developer agreement will not have any bearing on 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 ofthe BoA on the proposals listed in the agenda are as under:-
(i) Request of M/s. Brigade (Gujarat) Projects Pvt. Ltd. for co-developer in the sector specific SEZ for multi services at Ratanpur, District Gandhinagar, Gujarat, being developed by M/s. GIFT SEZ Ltd.
After deliberations, the Board approved the proposal of M/s. Brigade (Gujarat) Projects Pvt. Ltd. for becoming a co-developer to develop, maintain and operate office building for units to undertake export of services in the processing area of GIFT SEZ Ltd., over an area of 2,60,000 sq.ft. in accordance with the co-developer agreement entered into with the developer, subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period is reduced to a period not exceeding 30 years (Renewable).
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Minutes of the 70" meeting of the BoA for SEZs held on 28" April, 2016 5
(ii) | Request of M/s. Kings Canyon SEZ Private Limited for co-developer in the sector specific SEZ for IT/ITES at Village Gwal Pahari, Tehsil Sohna, District Gurgaon, Haryana, being developed by M/s. ASF Insignia SEZ Pvt. Ltd. Private After deliberations, the Board approved the proposal of M/s. Kings Canyon SEZ Pahari, Limited for co-developer in the sector specific SEZ for IT/ITES at Village Gwal Pvt. Tehsil Sohna, District Gurgaon, Haryana, being developed by M/s. ASF Insignia SEZ Ltd. for undertaking ‘Operation and Maintenance of infrastructure existing in the identified SEZ area measuring 2.751 acres with built up space of 11,00,466 Sq. Ft. within processing zone of ASF Insignia SEZ Pvt. Ltd. in accordance with the co-developer agreement entered into with the developer, subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period is reduced to a period not exceeding 30 years (Renewable) and also subject to verification, by DC, NSEZ, of data furnished in the proposal.
s as per SEZ Act and Rules provided that the lease period is reduced to a period not exceeding 30 years (Renewable) and also subject to verification, by DC, NSEZ, of data furnished in the proposal.
(iii) | Request of M/s. Grand Canyon SEZ Pvt. Ltd. for co-developer in the sector specific SEZ for IT/ITES at Village Gwal Pahari, Tehsil Sohna, District Gurgaon, Haryana, being developed by M/s. ASF Insignia SEZ Pvt. Ltd. Ltd After deliberations, the Board approved the proposal of M/s. Grand Canyon SEZ Pvt. for co-developer in the sector specific SEZ for IT/ITES at Village Gwal Pahari, Tehsil Sohna, District Gurgaon, Haryana, being developed by M/s. ASF Insignia SEZ Pvt. Ltd. for undertaking ‘Operation and Maintenance of infrastructure existing in the identified SEZ area measuring 3.739 acres with built up space of 14,20,198 Sq.Ft. within processing zone of ASF Insignia SEZ Pvt. Ltd. in accordance with the co-developer agreement entered into with the developer, subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period is reduced to a period not exceeding 30 years (Renewable) and also subject to, verification by DC, NSEZ, of data furnished in the proposal.
(iv) Request of M/s. MPSEZ Utilities Private Limited for co-developer in the multi product SEZ at Mundra, Kutch, Gujarat, being developed by M/s. Adani Ports and Special Economic Zone Ltd. (APSEZL)
The Board was informed that the proposal was withdrawn by M/s. MPSEZ Utilities Private Limited.
Mundra, Kutch, Gujarat, being developed by M/s. Adani Ports and Special Economic Zone Ltd. (APSEZL)
The Board was informed that the proposal was withdrawn by M/s. MPSEZ Utilities Private Limited.
(v) | 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. for additional built up area of 50,237 sq.ft. Ltd. After deliberations, the Board approved the proposal of M/s. Volupia Developers Pvt. for additional built up area of 50,237 sq. ft., in accordance with the supplemental agreement to co-developer agreement entered into with the developer subject to standard terms and conditions as per SEZ Act and Rules. T l/- Dn
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(vi) Request of M/s. UST Global Technology Services (India) Private Limited for codeveloper in the sector specific SEZ for IT/ITES at Puthencruz and Kunnathunade village, Taluk Kunnathaunadu, Ernakulam District, Kerala, being developed by M/s. Infopark
dia) Private Limited for codeveloper in the sector specific SEZ for IT/ITES at Puthencruz and Kunnathunade village, Taluk Kunnathaunadu, Ernakulam District, Kerala, being developed by M/s. Infopark
After deliberations, the Board approved the proposal of M/s. UST Global Technology Services (India) Private Limited for co-developer for development of IT infrastructure along with relevant amenities and facilities, over an area of 3.5543 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 provided that the lease period is reduced to a period not exceeding 30 years (Renewable).
Item No. 70.6 : Proposals for setting up of SEZs
(i) Request of M/s. Chhindwara Plus Developers Ltd. for multi product SEZ at Tehsil Sausar, Distt. Chhindwara, Madhya Pradesh, over an area of 1320.065 hectares. After deliberation, the Board deferred the proposal as the State Government recommendation has not been received.
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(ii) | Proposal of M/s. Infosys Limited, for setting up of a sector specific SEZ for IT/ITES at Bangalore, Karnataka, over an area of 4.063 hectares.
The Board noted that the Developer is in possession of the land. The Government of Karnataka has also recommended the proposal vide their letter dated 29" October, 2015. 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 Bangalore, Karnataka, over an area of 4.063 hectares.
Item No. 70.7: Miscellaneous Cases
(i) Request of M/s Seaview Developers Ltd., developer of sector specific SEZ for ITATES at Plot No. 20 & 21, Sector — 135, Noida, U.P. for change of name/constitution & shareholding pattern of the company
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After deliberations, the Board approved the request for change of name of the
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developer from M/s Seaview Developers Limited to M/s. Seaview Developers Private Limited and change of the shareholding pattern of the company, subject to following conditions:(i) Seamless continuity of the SEZ activities with unaltered responsibilities and (ii) obligations for the altered developer entity; Fulfillment of all eligibility criteria applicable to developers, including security
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(iii) clearances etc., by the altered developer entity and its constituents; Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules
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(iv) which regulate issues like capital gains, equity change, transfer, taxability etc. Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT,
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(v) Department of Revenue and to the jurisdictional Authority. The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and
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ity or merger, demerger, amalgamation, transfer and
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Minutes of the 70" meeting of the BoA for SEZs held on 28" April, 2016
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ownerships etc. as may be applicable and eligibility for deduction under relevant
sections of the Income Tax Act, 1961.
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(vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable.
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(vii) The developer shall furnish details of PAN and jurisdictional assessing officer of the developer to CBDT.
(ii) | Request of M/s Unitech Realty Project Ltd., developer of sector specific SEZ for ITATES at Tikri, Sector, 48, Gurgaon, Haryana for change of name/constitution & shareholding pattern of the company
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After deliberations, the Board approved the request for change of name of the
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developer from M/s Unitech Realty Project Ltd. to M/s. Candor Gurgaon One Developers and Projects Pvt. Ltd. and change of the shareholding pattern of the company, subject to following conditions:(i) Seamless continuity of the SEZ activities with unaltered responsibilities and (ii) obligations for the altered developer entity; Fulfillment of all eligibility criteria applicable to developers, including security
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(iii) clearances etc., by the altered developer entity and its constituents; Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules
o developers, including security
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(iii) clearances etc., by the altered developer entity and its constituents; Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules
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(iv) which regulate issues like capital gains, equity change, transfer, taxability etc. Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT,
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(v) Department of Revenue and to the jurisdictional Authority. The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961.
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(vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable.
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(vii) The developer shall furnish details of PAN and jurisdictional assessing officer of the developer to CBDT.
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.
(iii) Request of M/s Unitech Developers & Projects Ltd., co-developer in sector specific SEZ for IT/ATES being developed by M/s Gurgaon Infospace Ltd. at Dundahera, Gurgaon, Haryana for change of name/constitution & shareholding pattern of the company After deliberations, the Board approved the request for change of name of the codeveloper from M/s Unitech Developers & Projects Ltd. to M/s. Candor Gurgaon Two Developers and Projects Pvt. Ltd. and change of the shareholding pattern of the company, subject to following conditions:(i) Seamless continuity of the SEZ activities with unaltered responsibilities and (ii) obligations for the altered co-developer entity; Fulfillment of all eligibility criteria applicable to co-developers, including security clearances etc., by the altered co-developer entity and its constituents;
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Minutes of the 70" meeting of the BoA for SEZs held on 28" April, 2016
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- (iii) Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules (iv) which regulate issues like capital gains, equity change, transfer, taxability etc. Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT,
ange, transfer, taxability etc. Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT,
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(v) Department of Revenue and to the jurisdictional Authority. The Assessing Officer shall have the right to examine and assess the taxability and
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(vi) eligibility for deduction under relevant sections of the Income Tax Act, 1961. The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable.
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(vii) The co-developer shall furnish details of PAN and jurisdictional assessing officer of the co-developer to CBDT.
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(iv) | Request of M/s GMR Hyderabad Aviation SEZ Ltd. for inclusion of pharma sector in SEZ
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SEZ After deliberations, the Board approved the request of M/s GMR Hyderabad Aviation Ltd. for inclusion of pharma as additional sector in the said SEZ.
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Item No. 70.8: Cancellation of Formal Approvals
The Board examined the following 5 cases of cancellation of formal approval /notification and approved cancellation of their formal approvals:-
|Sr. <br>No.||Name|Nameofthe Developer/co-developer<br>Sector<br>Date of<br>Zone<br>formal|
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|||approval|
|||M/s. Abex Infocom (P) Ltd. (Kakshin Kehirpur, P.S.<br>IT<br>20.12.2007 | FSEZ<br>Kassipore, South 24 Parganas, WestBengal)<br>Sector|
|3.|||M/s. Salarpuria Properties Pvt. Ltd. (BasantiHighway, | IT/ITES | 09.08.2008 | FSEZ<br>Bhangor,South24Parganas,WestBengal)|
|4.|||M/s. Bengal Shristi Infrastructure Development Ltd. |ITATES | 14.01.2008 | FSEZ<br>(Asansol, Burdwan)|
|5.|||M/s. M.L. Dalmia & Co.<br>Ltd. (Calcutta leather | Leather | 16.06.2006<br>FSEZ<br>complexproject,Bantala)|
Item No. 70.9 : Appeals before BoA
(i) Appeal of M/s. Morgan Tectronics Ltd., a unit in NSEZ against order dated 23" February, 2016 of the Development Commissioner NSEZ/UAC.
and The Board heard the appellant who was represented by his advocate Sh. J.M. Sharma directed him to furnish details of manufacturing and trading activities of the unit and their NFE status separately, consignment wise which he desired to place before the BoA as additional information, within a period of one week.
(ii) | Appeal of M/s. Space Matrix Media Pvt. Ltd., a unit in FSEZ against order of ele the UAC dated 25.01.2016. T. Il ; Haan
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The Board, heard the appellant and observed that there was no order issued by the Development Commissioner, FSEZ against which the appeal had been filed and therefore, the appeal was pre-mature and directed him to first reply to the show cause notice dated 20.10.2014 issued by FSEZ.
Decision on Supplementary Agenda
Item No. 70.10 Requests for extension of validity of formal approvals
(i) Request of M/s. SNP Infrastructure Private Limited for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for ITATES at Zamin Pallavaram village, Tambaram Taluk, Kanchipuram District, Tamil Nadu, beyond 24" June, 2016.
June,[2017.] The Board, after deliberations, extended the validity of the formal approval up to 24" (ii) |Request for further extension of LoA from M/s Nagaland Industrial Development Corporation Limited, for setting up a sector specific SEZ for Agro and Food Processing at Dimapur, Nagaland, beyond 11" October, 2014 formal The Board, after deliberations, condoned the delay and extended the validity of the approval up to 11" October, 2016. (iii) | Request of M/s. Mikado Realtors Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Electronic Hardware, IT/ATES at Village Behrampur, Distt Gurgaon, Haryana, beyond 29" October, 2011.
formal The Board, after deliberations, condoned the delay and extended the validity of the approval up to 29" October, 2017.
Item No. 70.11 : Requests for extension of LoP beyond 3™ Year onwards
(i) Request of M/s. Tatva Chintan Pharma Chem Pvt. Ltd., a unit in the multi product SEZ being developed by M/s. Dahej SEZ at Bharuch, Gujarat for extension of LoP beyond 22™ May 2016. .
- The Board, after deliberations, extended the validity of the LoP up to 22nd May,
Item No. 70.12 : Miscellaneous Cases
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(i) Request of M/s. Unitech Hi-tech Structures Developers Ltd., a developer in sector specific SEZ for IT/ITES at Rajarhat Dist. North 24 Parganas, Kolkata, West Bengal for change of name from M/s. Unitech Hi-Tech Structures Pvt. Ltd. to Candor Kolkata One Hi-Tech Structures Pvt. Ltd.
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After deliberations, the Board approved the request for change of name of the developer from M/s Hi-Tech Structures Pvt. Ltd. to M/s. Candor Kolkata One Hi-Tech Structures Pvt. Ltd., subject to following conditions:-
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(i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered developer entity;
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(ii) Fulfillment of all eligibility criteria applicable to developers, including security (iii) clearances etc., by the altered developer entity and its constituents; Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules
le to developers, including security (iii) clearances etc., by the altered developer entity and its constituents; Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules
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(iv) which regulate issues like capital gains, equity change, transfer, taxability etc. Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT,
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(v) Department of Revenue and to the jurisdictional Authority. The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961.
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(vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable.
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(vii) The developer shall furnish details of PAN and jurisdictional assessing officer of the developer to CBDT.
(ii) | Request of M/s. Adhikaar Datapro Systems Pvt. Ltd., a unit in NSEZ for change of Directors and shareholding of the company.
After deliberations, the Board approved the request for change of Directors and shareholding of the company subject to following conditions:-
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(i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity;
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(ii) Fulfillment of all eligibility criteria applicable to unit, including security clearances etc., by the altered developer entity and its constituents;
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(iii) Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules (iv) which regulate issues like capital gains, equity change, transfer, taxability etc. 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.
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(v) The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961.
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(vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable. T: l/ Muh
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l comply with relevant State Government laws, including those relating to lease of land, as applicable. T: l/ Muh
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(vii)The unit shall furnish details of PAN and jurisdictional assessing officer of the developer to CBDT.
(iii) |Request of M/s. Ford Motor Private Limited (FMPL) for co-developer in the sector specific SEZ for IT/ITES at Sholinganallur village, Tambaram Taluk, Kancheepuram District, Tamil Nadu, being developed by M/s. Electronics Corporation of Tamil Nadu Limited (ELCOT). of The Board, after deliberations, took note of the recommendation of the Government Tamil Nadu contained in its letter dated 16.03.2016 for allowing co-developer status to M/s Ford Motor Private Limited for 99 years instead of 30 years as M/s Ford Motor Private Limited, had already leased the land for a period of 99 years from ELCOT and had also got the Lease Deed registered for 99 years and therefore, approved the proposal.
(iv) Proposal of M/s. Indiabulls Infrastructure Co. Limited, a co-developer in multi product SEZ at Sinner MIDC, Nasik, Maharashtra being developed by M/s. Indiabulls Industrial Infrastructure Ltd. for change of name and shareholding pattern of the codeveloper from M/s. Indiabulls Infrastructure co. Limited to M/s. IIC Limited.
After deliberations, the Board approved the request for change of name of the codeveloper from M/s Indiabulls Infrastructure Co. Limited to M/s. IIC Limited and change of the shareholding pattern of the company, subject to following conditions:-
est for change of name of the codeveloper from M/s Indiabulls Infrastructure Co. Limited to M/s. IIC Limited and change of the shareholding pattern of the company, subject to following conditions:-
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(i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered co-developer entity;
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(ii) Fulfillment of all eligibility criteria applicable to co-developers, including security (iii) clearances etc., by the altered co-developer entity and its constituents; Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules
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(iv) which regulate issues like capital gains, equity change, transfer, taxability etc. Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT,
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(v) Department of Revenue and to the jurisdictional Authority. The Assessing Officer shall have the right to examine and assess the taxability and
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(vi) eligibility for deduction under relevant sections of the Income Tax Act, 1961. The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable.
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(vii) The co-developer shall furnish details of PAN and jurisdictional assessing officer of the co-developer to CBDT.
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.
(v) Application of M/s Reliance Defence Ltd. for issue of Industrial Licenses for Defence Products. for The Board, took note that clearances from all quarters for grant of industrial license defence products had been received and approved the following proposals subject to the condition that M/s Reliance Defence Ltd. would approach the Development Commissioner concerned for obtaining for all other approvals as per prescribed legal procedures.
o. _| Compan Appln.
Annual
a Minutes of the 70" meeting of the
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||Minutes ofofthe 70" meeting of70" meeting ofofthe|Minutes ofofthe 70" meeting of70" meeting ofofthe|Minutes ofofthe 70" meeting of70" meeting ofofthe|||||
|---|---|---|---|---|---|---|---|
||BoA forSEZsheld on28" April, 2016|||12||||
|pTNT<br>apacity<br>M/s<br>Reliance |GV<br>Pithampur<br>Manufacture of:<br>°<br>Land Systems| 2375<br>(SEZ),<br>Akolia,<br>Ltd.<br>Dhar, M.P<br>°<br>Ground<br>Vehicles<br>100||||||||
||||||including Tanks, Armoured|||
||||||Vehicles,<br>Infantry Combat|||
||||||Vehicles,<br>Armoured|||
||||||Personnel Carrier.|150||
||||||°<br>All<br>wheeled<br>drive|||
||||||vehicles<br>fitted<br>with|||
||||||components<br>to<br>provide|||
||||||ballistic protection level III|50||
||||||and above.|||
||Personnel Carrier.|150||
||||||°<br>All<br>wheeled<br>drive|||
||||||vehicles<br>fitted<br>with|||
||||||components<br>to<br>provide|||
||||||ballistic protection level III|50||
||||||and above.|||
||||||°<br>Amphibious|||
|2.||M/s <br>Land <br>Ltd.|Reliance |ZG<br> Systems | 8110||Pithampur<br>(SEZ),<br>Akolia, <br>Dhar,M.P|vehiclesformilitaryuse.<br>Manufacture of all types of<br> |ammunition and fuses.|500||
|3.|M/s_<br>Land <br>Ltd.|Reliance |GL<br> Systems | 8981||Pithampur<br>(SEZ),<br>Akolia, <br>Dhar,M.P|Manufacture of small arms<br> |including<br>revolvers,<br>shot<br>gun,<br>light<br>machine<br>gun,|500||
||||||pistols.|||
|4.|M/s|Reliance |RP4362| Pithampur|||Manufacture<br>of<br>Directed|400||
||SED|Ltd.||(SEZ),<br>Akolia, <br>Dhar, M.P||Energy Weapon, Laser for<br>target<br>destruction,<br>High|||
||||||Velocity<br>Kinetic<br>Energy|||
||||||Weapon system and related|||
||||||equipment,<br>Particle<br>beam|||
||||||system<br>for<br>destruction<br>of|||
||||||target.|||
|5.||M/s <br>Land <br>Ltd.|Reliance | MI 4875 | Pithampur<br> Systems<br>(SEZ),<br>Akolia, <br>Dhar, M.P|||Manufacture<br>of<br>Heavy<br> |weapons (Artilleryguns,AD<br>Guns,<br>Mortars,<br>Rocket|||
||M/s<br>Reliance |EQ<br>Unmanned<br>1032<br>Systems Ltd.|||Launchers) ofall calibers.<br>Pithampur<br>Manufacture<br>of Remotely<br>(SEZ),<br>Akolia, |Piloted<br>Vehicle<br>(RPVs),<br>Dhar, M.P<br>unmanned<br>lighter than<br>air||100||
||||||vehicle.|||
|7.|| M/s|Reliance |EY||Pithampur|Manufacture<br>of Electronic|100||
otely<br>(SEZ),<br>Akolia, |Piloted<br>Vehicle<br>(RPVs),<br>Dhar, M.P<br>unmanned<br>lighter than<br>air||100||
||||||vehicle.|||
|7.|| M/s|Reliance |EY||Pithampur|Manufacture<br>of Electronic|100||
||SED Ltd.||5946|(SEZ),<br>Akolia, |Warfare Systems including<br>Dhar, M.P<br>Electronic Equipments used||||
||||||for<br>Electronic<br>Counter|||
||||||Measure<br>(ECM)<br>and|||
||||||Electronic Counter Counter|||
||M/s <br>Land <br>Ltd.|Reliance |UY<br> Systems|9986||Measure(ECCM).<br>Pithampur<br>Manufacture<br>of Explosive<br>(SEZ),<br>Akolia, |devices like Bombs, Mines,<br>Dhar,M.P<br>Rockets,<br>Propellant/Charge||500||
||||||Systems, combustible cases|||
||||||for charges, sub munitions|||
||||||including<br>bomblets,<br>TV||e<br>“|
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|:<br>Minutes ofthe 70"meetingofthe|:<br>Minutes ofthe 70"meetingofthe|:|:|:|:|
|---|---|---|---|---|---|
|BoA forSEZs held on28"April, 2016|||13|||
|B||<br>M/s<br>Reliance |YM|Pithampur||minele**t**s, Terminally guided<br>projec iles<br>and<br>Cargo<br>Projectiles.<br>Manufacture<br>of<br>Radar||
||SEDLtd.<br>1722|(SEZ),<br>Akolia, <br>Dhar, M.P|||Equipment<br>(Radars,<br>Jammers including Weapon||
||M/s<br>Reliance |YO<br>Naval<br>0871|Mihan<br>Nagpur|(SEZ),|Locating Radars)<br> |Design, D**e**velopment and<br>manufactur<br>of underwater||
||Systems Ltd.|||weapons:||
|||||e<br>Torpedos/Rockets/A|100.|
|||||UV||
||||||50|
|||||e<br>Launchers/Ground||
EZ),|Locating Radars)<br> |Design, D**e**velopment and<br>manufactur<br>of underwater||
||Systems Ltd.|||weapons:||
|||||e<br>Torpedos/Rockets/A|100.|
|||||UV||
||||||50|
|||||e<br>Launchers/Ground||
|||||Control<br>&<br>Support||
|11. |M/s Reliance |GE<br>Naval<br>9890<br>Systems Ltd.||Mihan<br>Nagpur|Equipments.<br>(SEZ), |Manufacture<br>of<br>Hull<br>Mounted<br>Sonar,<br>Towed<br>Array<br>Sonar<br>and<br>Mine|||
|||||Warfare Systems.||
|12. |M/s Reliance |O14314 |Mihan<br>Naval<br>Nagpur<br>Systems Ltd.|||(SEZ), | e<br>Design,<br>Development<br>and<br>manufacture<br>of<br>Electro-||616|
|||||optical Systems.||
||||||12|
|||||°<br>Design<br>and||
|||||Development<br>of<br>C4l||
|||||Systems.||
|13. |M/s Reliance |IW<br>SED Ltd.<br>7274||Mihan<br>Nagpur|(SEZ), |Manufacture ofRecorders&<br>Image<br>Processing,<br>Image||100|
|||||Intensifier, Infrared, Imaging||
|||||Radar Sensor Equipments.||
|14. |M/s Reliance |GJ0716 |Mihan<br>SED Ltd.<br>Nagpur|||(SEZ), |Manufacture<br>of<br>Communication systems for||200|
|||||Land, Naval and Airborne||
|I5. |M/s|M/s Reliance |RS 1900 |Mihan<br>SED Ltd.|Mihan<br>Nagpur|Platforms.<br>(SEZ), |Design,<br>Development<br>and<br>Manufacture ofC4I Systems||4|
|||||for<br>Aviation,<br>Naval<br>and||
|||||Land Systems.||
||M/s Reliance |XU<br>Defence<br>5697<br>Technologies|Mihan<br>Nagpur|(SEZ), |Manufacture/Assembly/Inte<br>gration of Electronic fuses<br>andassociatedsub-systems.||100000|
Item No. 70.13: Cancellation of Formal Approvals
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Minutes of the 70" meeting of the BoA for SEZs held on 28" April, 2016
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The Board, examined the case for cancellation of formal approval /notification. The Board noted that the progress made by the developer M/s. Lanco Solar Pvt. Ltd. (Vill. Ramdaspur, Cuttack, Odisha) was not satisfactory.
The Board, after deliberations, decided to cancel the formal approval/notification. The cancellation was 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.
Item No. 70.14 : Cancellation of In-principle approval
The Board, examined the case for cancellation of formal approval /notification. The Board noted that the progress made by the developer M/s. Posco India Pvt. Ltd. (Jagatsinghpur District, Odisha) was not satisfactory. The Board also noted the vehement objections made by the Resident Commissioner, Government of Odisha against the proposal to cancel the inprinciple approval and observed that the developer was free to apply for fresh approval once it had sorted out its problems.
The Board, after deliberations, decided to cancel the in-principle approval. The cancellation 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.
Item No. 70.15 : Appeals before BoA
(i) Appeal of M/s. Shahtootwale Industries Ltd., a unit in Noida SEZ against order of the UAC dated 18 August, 2015.
The Board, heard the appellant and took note that the machinery in the unit was almost 25 years old and had been used only for woolen garments. It was also noted that the . firm had not done any export in the last 5 years and even for the 5 years previous to that, no substantial export had been done. Therefore, the Board confirmed the order of NSEZ dated 18" August, 2015, cancelling the LoA.
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Annexure — I
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List of Participants for the Meeting of the Board of Approval for Special Economic Zones held on 28" April, 2016 under the Chairpersonship of Commerce Secretary, Department of Commerce
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Ms. Rita Teaotia, Chairpersonship, BoA & Commerce Secretary, Department of Commerce
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Shri John Joseph, DGEP, Department of Revenue, Ministry of Finance
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Dr. Tajpal Singh, Additional Director General, DGEP
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Shri Jitendra Kumar, Additional Dir, DGEP
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Ms. Gunjan Vaishney, Under Secretary (ITA-1), CBDT, Department of Revenue, Ministry of Finance
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Shri K. Biswal, Joint Secretary & Legislative Counsel, M/o of Law & Justice, Legislative Department, Government of India ,
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Shri Krishna Mohan Arya, Assistant Legal Adviser M/o Law & Justice Department of Legal Affairs.
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Shri A.K. Mishra, Research Assistant TCPO, Ministry of Urban Development, Vikas Bhawan, I.P. Estate, New Delhi
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Shri Yogesh Panday, US.IS-II, MHA
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Shri Sanjay Aghav, Assistant Resident Commissioner, Govt. of Maharashtra
stant TCPO, Ministry of Urban Development, Vikas Bhawan, I.P. Estate, New Delhi
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Shri Yogesh Panday, US.IS-II, MHA
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Shri Sanjay Aghav, Assistant Resident Commissioner, Govt. of Maharashtra
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Dr. S.K. Sahoo, Deputy Director (EP), O/o DC(MSME), M/o MSME, Nirman Bhawan, New Delhi.
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Shri S.K. Mishra, Resident Commissioner, Govt. of Odissa.
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Shri C.S.Dhurve. MD, Jabalpur, Madhya Pradesh.
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Ms. R. Mythili, Under Secretary, Ministry of Commerce & Industry, Department of Industrial Policy & Promotion
LIST OF DEVELOPMENT COMMISSIONERS 15. Dr. L.B. Singhal, Development Commissioner, Noida SEZ 16. Dr. Safeena AN, Development Commissioner, CSEZ
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Shri A.K. Choudhary, Development Commissioner, Sri City SEZ
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Shri Upendra Vashisht, Development Commissioner, KASEZ
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Shri Sanjeev Nandwani, Development Commissioner, FSEZ
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Ms. Sobhana K.S. Rao, Development Commissioner, VSEZ 21. Shri M.K. Shanmuga Sundaram, Development Commissioner, MEPZ-SEZ
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Shri K.L. Sharma, Development Commissioner, AP&SEZ, Mundra, Gujarat
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Smt. Lata Shukla, Development Commissioner, Navi Mumbai SEZ
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Shri Ishwar Singh, Joint Development Commissioner, Indore SEZ
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Shri Shri N.P.S. Monga, Development Commissioner, SEEPZ SEZ
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Shri Vijay Shewale, Development Commissioner, Mangalore SEZ
LIST OF PARTICIPANTS FROM DEPARTMENT OF COMMERCE
- Dr. Guruprasad Mohapatra, Joint Secretary, Department ofCommerce 28. Shri T.V. Ravi, Director, Department of Commerce
|
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Shri Kabiraj Sabar, Under Secretary, Department of Commerce
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Shri G. Srinivasan, Under Secretary, Department of Commerce
- .31. Shri Aditya Narayan, Under Secretary, Department of Commerce
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Shri K.C. Biswal, Section Officer, Department of Commerce
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Shri Piyush, Section Officer, Department of Commerce
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