IN FORCE SEZ / EOU / FTWZ

Minutes of the 81st meeting of the BoA for SEZ held on 5th February, 2018

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No. F.2/7/2017-SEZ . Government of India . Ministry of Commerce and Industry Department of Commerce (SEZ Section)

DatedUdyog theBhawan, jiebruary, New Delhi 2013

OFFICE MEMORANDUM

Subject: 81“ (Eighty First ) Meeting of the Board of Approval on Special Economic Zones (SEZs) held on 5" February| 2018 at 11.30 A.M. — Reg.

Please find enclosed herewith Minutes of the 81 meeting of the Board of Approval for SEZs held on 5" February, 2018 under the Chairpersonship of Ms. Rita Teaotia, Secretary, Department of Commerce for information and necessary action. i 2.the directionsThe Developmentof BoA requiringCommissionersfollow up actionare requestedon theirtopart,takebeforeurgentthenecessarynext meetingaction,of theon BoA.

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----- Start of picture text ----- = (T.V. Ravi) “|* Tel: Director of.aI Email: 23063960 «= «t/t talla.ravi@nic.in ----- End of picture text -----

To 1. Central Board of Excise and Customs, Member (Customs), Department of Revenue,
, North Block, New Delhi. (Fax: 23092628). 2: Central Board of Direct Taxes, Member (IT), Department of Revenue, North Block, 3. NewJoint Delhi.Secretary, (Telefax:Ministry 23092107).of Finance, Department of Financial Services, Banking 4. JointDivision, Secretary,Jeevan Department Deep Building, of Industrial New Delhi Policy(Fax: and23344462/23366797). Promotion, Udyog Bhawan, New Delhi.
1. Joint Secretary, Ministry of Shipping, Transport[Bhawan,][ New][ Delhi..] 6. Joint Secretary (E), Ministry of Petroleum and Natural Gas, Shastri Bhawan, New ~ Delhi : '

og Bhawan, New Delhi.

1. Joint Secretary, Ministry of Shipping, Transport[Bhawan,][ New][ Delhi..] 6. Joint Secretary (E), Ministry of Petroleum and Natural Gas, Shastri Bhawan, New ~ Delhi : '
1. Joint Secretary, Ministry of Agriculture, Plant Protection, Krishi Bhawan, New Delhi. 8. Ministry of Science and Technology, Sc ‘G’ & Head (TDT), Technology Bhavan, Mehrauli Road, New Delhi. (Telefax: 26862512)
1. Joint Secretary, Department of Biotechnology, Ministry of Science and Technology, 7" Floor, Block 2, CGO Complex, Lodhi Road, New Delhi - 110 003.
1. Additional Secretary and Development Commissioner (Micro, Small and Medium -
Enterprises Scale Industry), Room No. 701, NirmanBhavan,New Delhi (Fax: 23062315).
1. Secretary, Department of Electronics & Information Technology, Electronics Niketan, 6, CGO Complex, New Delhi. (Fax: 24363101)

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

(C&W), Ministry of Defence, Fax: 23015444, South Block, New Delhi.

Joint Secretary, Ministry of Environment and Forests, Pariyavaran Bhavan, CGO Complex, New Delhi — 110003 (Fax: 24363577)
Joint Secretary & Legislative Counsel, Legislative Department, M/o Law & Justice, A-Wing, Shastri Bhavan, New Delhi. (Tel: 23387095).
Joint Secretary, (Justice-I), Department of Legal Affairs, M/o Law & Justice, New Delhi (Tel: 2338 3037).
Secretary, Department of Chemicals & Petrochemicals, Shastri Bhawan, New Delhi 18. Joint Secretary, Ministry of Overseas Indian Affairs, Akbar Bhawan, Chanakyapuri, New Delhi. (Fax: 24674140)

: 19. Chief Planner, Department of Urban Affairs, Town Country Planning Organisation, Vikas Bhavan (E-Block), LP. Estate, New Delhi. (Fax: 23073678/23379197)

Director General, Director General of Foreign Trade, Department of Commerce, Udyog Bhavan, New Delhi.
Director General, Export Promotion Council for EOUs/SEZs, 8G, 8" Floor, . Hansalaya Building, 15, Barakhamba Road, New Delhi — 110 001 (Fax: 223329770) 22.Dr. Rupa Chanda, Professor, Indian Institute of Management, Bangalore, Bennerghata Road, Bangalore, Karnataka

oor, . Hansalaya Building, 15, Barakhamba Road, New Delhi — 110 001 (Fax: 223329770) 22.Dr. Rupa Chanda, Professor, Indian Institute of Management, Bangalore, Bennerghata Road, Bangalore, Karnataka

Development Commissioner, Noida Special Economic Zone, Noida. 24. Development Commissioner, Kandla Special Economic Zone, Gandhidham. 25. Development Commissioner, Falta Special Economic Zone, Kolkata. . 26. Development Commissioner, SEEPZ Special Economic Zone, Mumbai. ~ 27. Development Commissioner, Madras Special Economic Zone, Chennai 28. Development Commissioner, . Visakhapatnam Special Economic Zone, 29.30.31. Development DevelopmentVisakhapatnamDevelopment Commissioner, Commissioner,Commissioner, IndoreCochinMundra SpecialSpecialSpecial Economic EconomicEconomic Zone, Zone,Zone, Indore.Cochin.4" Floor, C Wing,

; 32. DevelopmentPort Users Building,Commissioner, Mundra (Kutch)Dahej Gujarat.Special Economic Zone, Fadia Chambers,. Ashram Road, Ahmedabad, Gujarat

Development Commissioner, Navi Mumbai Special Economic Zone, SEEPZ Service

. 34._ DevelopmentCenter, CentralCommissioner, Road, Andheri (East),Sterling MumbaiSpecial — 400Economic096 Zone, Sandesara Estate, Atladra Padra Road, Vadodara - 390012

‘ 35.. DevelopmentBhawan, 9" Floor,Commissioner, Siripuram, VisakhapatnamAndhra Pradesh — 3 Special Economic Zone, Udyog.

Economic096 Zone, Sandesara Estate, Atladra Padra Road, Vadodara - 390012

‘ 35.. DevelopmentBhawan, 9" Floor,Commissioner, Siripuram, VisakhapatnamAndhra Pradesh — 3 Special Economic Zone, Udyog.

; 36. Development Commissioner, Reliance Jamnagar Special Economic Zone, Jamnagar, . Gujarat 37. Development Commissioner, Surat Special Economic Zone, Surat, Gujarat : 38. Development Commissioner, Mihan Special Economic Zone, Nagpur, Maharashtra _ - 39. Development Commissioner, Sricity Special Economic Zone, Andhra Pradesh. 40. Development Commissioner, Mangalore Special Economic Zone, Mangalore. 41. Government of Andhra Pradesh, Principal Secretary and CIP, Industries and

a Commerce Department, A.P--Secretariat,Hyderabad =[500022-(Fax:-040=23452895).] 42. Government of Telangana, Special Chief Secretary, Industries and Commerce Department, Telangana Secretariat Khairatabad, Hyderabad, Telangana.

Government of Karnataka, Principal Secretary, Commerce and Industry Department, Vikas Saudha, Bangalore — 560001. (Fax: 080-22259870)

—-2Q—

44,Government of Maharashtra, Principal Secretary (Industries); Energy and Labour Department, Mumbai — 400 032.

- 45, Government of Gujarat, Principal Secretary, Industries and Mines Department Sardar Patel Bhawan, Block No. 5, 3rd Floor, Gandhinagar — 382010 (Fax: 079-23250844).
1. Government of West Bengal, Principal Secretary, (Commerce and Industry), IP Branch (4 Floor), SEZ Section, 4, Abanindranath Tagore Sarani (Camac Street) Kolkata— 700016 |

ax: 079-23250844).

1. Government of West Bengal, Principal Secretary, (Commerce and Industry), IP Branch (4 Floor), SEZ Section, 4, Abanindranath Tagore Sarani (Camac Street) Kolkata— 700016 |
- 47.Government of Tamil Nadu, Principal Secretary (Industries), Fort St. George, Chennai — 600009 (Fax: 044-25370822).

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Government of Kerala, Principal Secretary (Industries), Government Secretariat, Trivandrum— 695001 (Fax: 0471-2333017).

49.Government of Haryana, Financial Commissioner and Principal Secretary), Department(Fax: 0172-2740526).of Industries, Haryana Civil Secretariat, | Chandigarh.

Government of Rajasthan, Principal Secretary (Industries), Secretariat Campus, 51. GovernmentBhagwan Das of Road, Uttar Pradesh,Jaipur — 302005Principal(0141-2227788).Secretary, (Industries), Lal Bahadur Shastri Bhawan, Lucknow — 226001 (Fax: 0522-2238255). .

_ 52. UdyogGovernment Bhawan),of Punjab,Sector -17,PrincipalChandigarh-Secretary160017.Department of Industry & Commerce 53. Government of Puducherry, Secretary, Department of Industries, Chief Secretariat, Puducherry. :

54.Government of Odisha, Principal Secretary (Industries), Odisha Secretariat, 55. GovernmentBhubaneshwar of —Madhya 751001 Pradesh,(Fax: 0671-536819/2406299). Chief Secretary, (Commerce and Industry), Vallabh Bhavan, Bhopal (Fax: 0755-2559974)

ndustries), Odisha Secretariat, 55. GovernmentBhubaneshwar of —Madhya 751001 Pradesh,(Fax: 0671-536819/2406299). Chief Secretary, (Commerce and Industry), Vallabh Bhavan, Bhopal (Fax: 0755-2559974)

Government of Uttarakhand, Principal Secretary, (Industries), No. 4, Subhash Road, Secretariat, Dehradun, Uttarakhand
Government of Jharkhand (Secretary), Department of Industries Nepal House,

. Doranda, Ranchi — 834002. 58. Union Territory of Daman and Diu and Dadra Nagar Haveli, Secretary (Industries), 59. DepartmentGovernment ofofIndustries,Nagaland,Secretariat,Principal MotiSecretary, Daman — 396220Department (Fax: 0260-2230775).of Industries and Commerce), Kohima, Nagaland.

Government of Chattishgarh, Commissioner-cum-Secretary Industries, Directorate of Industries, LIC Building Campus, 2™ Floor, Pandri, Raipur, Chhattisgarh (Fax: 0771-2583651). -

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Copy to: PPS to CS / Sr. PPS to AS (SK) / PA to Dir (TVR).

: Minutes ofthe 81% meeting of the Board of Approval tor SEZ : held on 5" February, 2018

Minutes of the 81“ meeting of the Board of Approval for SEZ held on 5" February, 2018 The Eighty First (81") meeting of the Board of Approval (BoA) for Special Economic Zones (SEZs) was held on 5“ February, 2018 under the Chairpersonship of Ms. Rita Teaotia, Secretary, Department of Commerce, at 11.30 A.M. in Room No. 47, Udyog Bhawan, New Delhi. The list of participants is Annexed (Annexure-1).

uary, 2018 under the Chairpersonship of Ms. Rita Teaotia, Secretary, Department of Commerce, at 11.30 A.M. in Room No. 47, Udyog Bhawan, New Delhi. The list of participants is Annexed (Annexure-1).

Item No. 81.1: Requests for extension of validity of formal approvals (6 proposals) under: -BoA in its meeting held on 14" September, 2012, examining similar cases observed as “The Board advised the Development Commissioners to recommend the requests for extension offormal approval beyond 5" year and onwards only after satisfving 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 ofexpiry of last extension”.

(i) Request of M/s. TCS Ltd. SEZ Indore for further extension of the validity period of formal approval, granted for setting up of sector specific IT/ITES SEZ at Indore, Madhya Pradesh, beyond 28" February 2018. The Board. after deliberations, approved extension of the validity of the formal approval up to 28" February, 2019.

sector specific IT/ITES SEZ at Indore, Madhya Pradesh, beyond 28" February 2018. The Board. after deliberations, approved extension of the validity of the formal approval up to 28" February, 2019.

(ii) Request of M/s. G.P. Realtors Pvt. Ltd. for further extension of the validity of formal approval granted for setting up of Electronic Hardware & IT/ITES SEZ at Village Behrampur, Balola & Bandhwari, Distt. Gurgaon (Haryana) beyond 25.01.2018.

The Board, after deliberations, approved extension of the validity of the formal approval up to 25" January, 2019.

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(iii) Proposal of M/s. Mahindra World City (Jaipur) Ltd. for extension in the validity period of formal approval granted for setting up of IT/ITES including Software & Hardware Manufacturing SEZ at Village Kalwara, Tehsil-Sanganer, Distt- Jaipur (Rajasthan).

The Board noted that the proposal for issuance of notification for combining five sector specific SEZs into one multi product SEZ had been received in this Department on 31 January, 2018 and was being processed. Since, the aforesaid SEZ was getting subsumed in the combined SEZ, the Board approved extension of the validity of the formal approval for a period of three months up to 30.04.2018. Page 1of12_ _ (-V Nw, jie

Minutes ofthe 81“ meeting of the Board of Approval for SEZ held an 5° February, 2018

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ty of the formal approval for a period of three months up to 30.04.2018. Page 1of12_ _ (-V Nw, jie

Minutes ofthe 81“ meeting of the Board of Approval for SEZ held an 5° February, 2018

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(iv) | Proposal of M/s. Mahindra World City (Jaipur) Ltd. for extension in the validity period of formal approval granted for setting up of Gems & Jewellery SEZ at Village Bhamboriya, Tehsil-Sanganer, Distt- Jaipur (Rajasthan) ~ Regarding.

The Board noted that the proposal for issuance of notification for combining five sector specific SEZs into one multi product SEZ had been received in this Department on 31° January, 2018 and was being processed. Since, the aforesaid SEZ was getting subsumed in the combined SEZ, the Board approved extension of the validity of the formal approval for a period of three months up to 30.04.2018.

(v) Request of M/s. SEZ Biotech Services Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of sector specific SEZ for Biotechnology at Manjari Budruk, Taluka Haveli, District Pune, Maharashtra over an area of 17.0901 Ha. beyond 27" March, 2018

The Board, after deliberations, approved extension of the validity of the formal approval up to 27" March, 2019 (vi) Request of M/s. Brookefields Real Estates and Projects Private Limited at Brooke fields, village, Kundalahalli, Hobli, Krishnarajapuram, Taluk Bangalore South, Karnataka for extension of Letter of Permission (LOP) beyond 31.03.2018 for extension upto 31.03.2019.

mited at Brooke fields, village, Kundalahalli, Hobli, Krishnarajapuram, Taluk Bangalore South, Karnataka for extension of Letter of Permission (LOP) beyond 31.03.2018 for extension upto 31.03.2019.

The Board, after deliberations, approved extension of the validity of the formal approval up to 31*' March, 2019.

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Item No. 81.2: Requests for extension of LoP beyond 3" Year onward (4 proposals)

(i) Request of M/s. West Bengal Electronics Industry Development Corporation Ltd. (WEBEL Ltd.) a unit in M/s. M.L. Dalmia & Co. IT/ITES SEZ for Letter of Permission (LoP) beyond 22.04.2017 for one year.

28" February,The Board,2019.after deliberations, approved extension of the validity of the LoP up to

(ii) Request of M/s. Iereon Communications Pyt. Ltd. (Unit-I]) in the Noida SEZ for extension of Letter of Permission (LOP) beyond 28/02/2018 upto 28/02/2019

28" February,The Board,2019.after deliberations, approved extension of the validity of the LoP up to |

(iii) Request of M/s. Kusum Healthcare Pvt. Ltd. in Indore SEZ for extension of Letter _ sof Permission (LOP) beyond 28.02.2018 for one year upto 28.02.2019

28" February,The Board,2019. after deliberations, approved extension of the validity of the LoP up to oop. : [ V Vote bie Page 2 of 12

Minutes of the 81" meeting of the Board of Approval for SEZ held on 5" February, 2018

(iv) Extension in validity of Letter of Approval dated 06-02-2013, issued to M/s. Macson Colorchem Pvt Ltd., Dahej-SEZ, Bharuch, Gujarat.

f the Board of Approval for SEZ held on 5" February, 2018

(iv) Extension in validity of Letter of Approval dated 06-02-2013, issued to M/s. Macson Colorchem Pvt Ltd., Dahej-SEZ, Bharuch, Gujarat.

5" February,The Board,2019. after deliberations, approved extension of the validity of the LoP up to

Item No. 81.3 Requests for co-developer (4 proposals)

(i) Request of M/s. Synergy Infotech Pvt. Ltd. for Co-developer status in MIDC IT/ITES SEZ, Rajiv Gandhi Infotech Park, Phase-III, Hinjewadi, Pune for construction of buildings and related infrastructure for IT/AITES Units, Development of space of IT/ITES Unit and all default authorized operations for area admeasuring 5.2161 sq. mtrs. The Board, noted that M/s. Synergy Infotech Pvt. Ltd. had failed to implement the project for setting up of the unit in SEZ and therefore rejected the proposal. -

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(ii) | Request of M/s. LOMA Co-Developers 1 Pvt. Ltd. for Co-developer status in the LOMA IT Park - SEZ for construction of buildings and related infrastructure for ITATES Units, Development of space of IT/ITES Unit and all default authorized operations in G 4/1, TTC Industrial Area, Ghansoli, Navi Mumbai.

Pyt. The Board, after deliberations, approved the proposal of M/s. LOMA Co-Developers | Ltd. for construction of buildings and related infrastructure in accordance with the coasdeveloperpet SEZ agreementAct and Rules enteredprovidedinto withthat thethe develolease per iod, subjdo e cts tonot standard termsexceed 30 years and(Renewable), conditions (iii) Request of M/s. LOMA Co-Developers 2 Pvt. Ltd. for Co-developer status in the LOMA IT Park - SEZ for construction of buildings and related infrastructure for ITATES Units, Development of space of IT/ITES Unit and all default authorized operations in G 4/1, TTC Industrial Area, Ghansoli, Navi Mumbai admeasuring an area of 6.5 Hectares.

infrastructure for ITATES Units, Development of space of IT/ITES Unit and all default authorized operations in G 4/1, TTC Industrial Area, Ghansoli, Navi Mumbai admeasuring an area of 6.5 Hectares.

Pvt. The Board, after deliberations, approved the proposal of M/s. LOMA C0-Developers 2 Ltd. for construction of buildings and related infrastructure in accordance with the codeveloper agreement entered into with the developer, subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period does not exceed 30 years (Renewable). (iv) _ Request of M/s. Black Canyon SEZ Pvt. Ltd. for co-developer status in the IT/ITES SEZ of M/s. ASF Insignia SEZ Pvt. Ltd. at IT/ITES SEZ at Village Gwal Pahari, Gurgaon (Haryana). ~The Board, after deliberations, approved the proposal of M/s. Black Canyon SEZ Pvt. _ Ltd for Construction, development, re-development, operations, management and maintenance of the Black Canyon Building and its allied infrastructure and the Black Canyon Private Campus Land (hereafter collectively referred to as the “Black Canyon Undertaking”) including maintenance / operations / management of electrical and mechanical installations, fire detection and fire-fighting equipment, water supply and waste disposal system and car parking spaces V Page 3 of 12 Naat blofie

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Minutes of the 81 meeting of the Board of Approval tor SEZ held on 5" February, 2018

, water supply and waste disposal system and car parking spaces V Page 3 of 12 Naat blofie

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Minutes of the 81 meeting of the Board of Approval tor SEZ held on 5" February, 2018

pertaining to Black Canyon Undertaking and rendering of security and cleaning services at Black Canyon Undertaking, and it further also includes providing / leasing spaces / infrastructure so constructed / developed within Black Canyon Undertaking to eligible tenants and management of such tenancies in the processing area of SEZ in accordance with the codeveloper agreement entered into with the developer, subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period does not exceed 30 years (Renewable).

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(i) Request of M/s. Adani Power (Jharkhand) Limited for In-Principle approval for setting up of a sector specific SEZ for Power at Godda District, Jnarkhand, over an area of 425 hectares.

The Board noted that the proposal was inconsistent with the Power Guidelines dated 16.02.2016 and also that there was no recommendation from the State Government and after deliberation, decided not to approve the proposal.

Item No. 81.4: Change of Shareholding Pattern Cases (12 proposals)

(i) Request of M/s. Ameks Techfab Pvt. Ltd. for extension of LoA; 100% change in shareholding pattern with change in Directors and grant of Industrial License LoA The Board, after deliberations decided to grant In-principle approval for extension of to beyond 21.09.2014 and the proposed changes in share holding pattern of the unit subject grant of Industrial License after getting clarification form DGFT on applicability of SCOMET guidelines and clearance from State Government.

(ii) Request of M/s, New Diamond Era, Plot No. 24, 25, 62, 63 & 222 a unit in Surat SEZ, for change of Constitution of Partnership and transfer of shares exceeding 50% to another entity.

The Board approved the proposal subject to following conditions:i) Seamlessfor the alteredcontinuityunit entity;of the SEZ activities with unaltered responsibilities and obligations ii) Fulfilment of all eligibility criteria applicable to unit, including security clearances etc., by the altered unit entity and its constituents;
ii) 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.

ting 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 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
SSSit.aaaSS vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable.
vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT. WV Nawal 6 [fie Page 4 of 12

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Minutes of the 81" meeting of the Board of Approval for SEZ held on 5" February, 2018

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(iii) | Request of M/s. Sagar Diamonds Pvt. Ltd., Unit No. 101, Plot No.193 a unit in Surat SEZ, for change of Constitution from Private limited company to Public limited company and transfer of shares exceeding 50% to another entity.

The Board approved the proposal subject to following conditions:-

  - i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity; 

  - ii) Fulfilment of all eligibility criteria applicable to unit, including security clearances ete., by the altered unit 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, 

  - vy) TheDepartment ofAssessing RevenueOfficer shall and tohave thethejurisdictionalright to assessAuthority.the taxability of the gain/loss arising out ofthe 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. 

  - vi) The applicant shall comply with relevant State Government laws, including those relating to lease ofland, as applicable. 

  - vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT. ;

vant State Government laws, including those relating to lease ofland, as applicable.

  - vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT. ;

(iv) Request of M/s Goldmine Overseas, a unit in Moradabad SEZ at Plot G-61, Pocket-A, SEZ Moradabad for transfer of shares exceeding 50% to another entity. The Board approved the proposal subject to following conditions:i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity;
ii) Fulfilment of all eligibility criteria applicable to unit, including security clearances etc., by the altered unit 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 ete.
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 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. vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable.

or 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 unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT.
—===—=(v)— Proposal of M/s. John Keells BPO Solutions India Pvt. Ltd., a unit in DEF Cyber City Developers Ltd. IT/ITES SEZ at Gurgaon (Haryana) for transfer of shares exceeding 50% to another entity and change of name of the company to “Personiv Contact Centers India Pvt. Ltd”. The Board approved the proposal subject to following conditions:Ty ij Lc p fhe Page 5 of 12

: Minutes of the 81 meeting of the Board of Approval for SEZ held on 5” February, 2018

i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity:
ii) Fulfilment of all eligibility criteria applicable to unit, including security clearances etc., by the altered unit entity and its constituents;
-lii) 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.

ting 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 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.
vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable,
vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT.

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(vi) Proposal of M/s. Sopra India Pvt. Ltd., a unit in IT/ITES SEZ of M/s. Seaview Developers Pvt. Ltd., Plot No. 20 & 21, Sector-135, Noida for transfer of shares exceeding 50% to another entity consequent to scheme of amalgamation of M/s. Sopra India Pvt. Ltd. with M/s. Steria (India) Ltd approved by The National Company Law Tribunal, Principal Bench at New Delhi vide Order dated 16/29.08.2017.

The Board approved the proposal subject to following conditions:-

i} Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity;
ii) Fulfilment of all eligibility criteria applicable to unit, including security clearances etc., by the altered unit entity and its constituents;

and obligations for the altered unit entity;

ii) Fulfilment of all eligibility criteria applicable to unit, including security clearances etc., by the altered unit 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 ete.
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 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.
vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable.
vil) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBD.

(vii) Request of M/s. Xavient Software Solutions India Pvt. Ltd., a unit in Noida SEZ, for transfer of shares exceeding 50% to another entity.

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The Board approved the proposal subject to following conditions:-

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The Board approved the proposal subject to following conditions:-

i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity; TV lawl oe Page 6 of 12

Minutes of the $1* meeting of the Board of Approval for SEZ held on 5" February, 2018

ii) ‘Fulfilment of all eligibility criteria applicable to unit, including security clearances etc., by the altered unit entity and its constituents;
iti) Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability ete.
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,
vy) TheDepartmentAssessing of RevenueOfficer shall and tohave the jurisdictionalthe right to assessAuthority.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.
vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable.
vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT.

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evant State Government laws, including those relating to lease of land, as applicable.

vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT.

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DC, NSEZ had pointed out that this unit was having another unit in DLF SEZ and the Board may like to approve the change in share holding pattern of the other Unit which was in the same pattern. The Board however, did not agree to the same and directed that the matter may be examined and a decision may be taken for such cases.

(viii) Request of M/s. EY Global Delivery Services India Private Limited, a unit in Infopark SEZ, Kakkanad, Kinfra IT/ITES SEZ, Thiruvananthapuram and Bagmane Developers Pvt. Limited SEZ (If, Bangalore for transfer of shares exceeding 50% to another entity and change in constitution from Private Limited to Limited Liability Partnership.

The Board approved the proposal subject to following conditions:-

i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity;
ii) Fulfilment of all eligibility criteria applicable to unit, including security clearances etc., by the altered unit entity and its constituents;
ili) | Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc.

d its constituents;

ili) | 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 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.
vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable.
vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT.

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Bangalore for transfer of Shares exceeding 50% to another entity.

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----- Start of picture text ----- The Board approved the proposal subject to following conditions:- 1 lad I ahe Page 7 of 12 ----- End of picture text -----

Minutes of the 81“ meeting of the Board of Approval for SEZ held on 5" February, 2018

1. Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered developer entity;
il) Fulfilment of all eligibility criteria applicable to developer, including security clearances etc., by the altered developer entity and its constituents:
ii) 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.
v) The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out ofthe 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.
vi) The applicant shall comply with relevant State Government laws, including those relating
to lease of land, as applicable.

tion 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.
(x) Request of M/s. Pune Embassy Projects Pvt. Ltd. in the sector specific SEZ for IT/ATES at Plot No. PL-3, Rajiv Gandhi Infotech Park, Hinjewadi, Phase II, Village Marunji, Taluka Mulashi, District Pune, Maharashtra for the following grounds:(i) Amalgamation of M/s. Pune Embassy Projects Pvt. Ltd. into M/s. Embassy Office Parks Pvt. Ltd.
(ii) 100% transfer of shares from M/s. Embassy Office Parks Pvt. Ltd. to Embassy Office Parks REIT
(iii) Consequent upon transfer of 100% shares to M/s. Embassy Office Parks REIT, the name of the SEZ will be in the name of M/s. Embassy Office Parks Pyt. Ltd.

| | | |

The Board noted that the amalgamation was approved by the NCLT in its order dated 07.08.2017 and also that the proposal (iii) above was same as (i) above and therefore decided to approve the proposals at (i) and (ii) above subject to following conditions:-

i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered developer entity:
ii) Fulfilment of all eligibility criteria applicable to developer, including security clearances etc., by the altered developer entity and its constituents;

s for the altered developer entity:

ii) Fulfilment of all eligibility criteria applicable to developer, including security clearances etc., by the altered developer entity and its constituents;
ili) Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc.

«Wi

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 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. Fheapplicant shall comply with relevant State Government laws, including those relating
to lease of land, as applicable.
- oe
vii) The developer shall furnish details of PAN and jurisdictional assessing officer of the developer to CBDT.

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Page 8 of 12

Minutes of the 81" meeting of the Board of Approval for SEZ held on 5S" February, 2018

(xi) | Request of M/s. Continental Datagraphics Technical Services India Private Ltd., a unit in DLF SEZ, Chennai for transfer of shares exceeding 50% to another entity

ld on 5S" February, 2018

(xi) | Request of M/s. Continental Datagraphics Technical Services India Private Ltd., a unit in DLF SEZ, Chennai for transfer of shares exceeding 50% to another entity

The Board approved the proposal subject to following conditions:-

i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity;
ii) Fulfilment of all eligibility criteria applicable to unit, including security clearances etc., by the altered unit entity and its constituents:
ui). 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 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.
vi) The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable.
vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT.

(xii) Request of M/s. Symphony Jewels Pvt. Ltd., a unit in Sitapura SEZ, Jaipur for 100% change in shareholding pattern with change in directors of the company

The Board approved the proposal subject to following conditions:-

i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity;
ii) byFulfilmentthe alteredof alluniteligibilityentity andcriteriaits constituents; applicable to unit, including security clearances etc., 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 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.
vi) The applicant shall comply with relevant State Government laws, including those relating - to lease of land, as applicable.
vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT.

relevant State Government laws, including those relating - to lease of land, as applicable.

vii) The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT.

(i) Request of M/s ANSR Global Corporation Pyt. Ltd. (formerly known as Network Information Global Services India Pvt. Ltd.), Bangalore for Co-Developer status in Manyata Embassy Business Park SEZ, Bangalore for development of the SEZ area specifically to undertake the authorized operations of conversion of bare shell buildings

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Page 9 of 12

Minutes of the 81" meeting of the Board of Approval for SEZ held on 3" February, 2018

into warm shell buildings in an additional area of 64,090 Sq.ft. and to lease the built-up space in the above IT/ITES SEZ. Pvt. After deliberations, the Board approved the proposal of M/s. ANSR Global Corporation and Ltd for additional built up area in accordance with the agreement between the Developer and co-developer dated 30.10.2017 subject to standard terms and conditions as per SEZ Act Rules provided that the lease period is reduced to a period not exceeding 30 years (Renewable). (ii) | Request of M/s. SEZ Biotech Services Pvt. Ltd for setting up of sector specific SEZ for Biotechnology at Manjari Budruk, Taluka Haveli, District Pune — Maharashtra, for increase an area of 4,1925 hectares. After deliberations, the Board deferred the proposal as recommendations of the State Government was not available.

Taluka Haveli, District Pune — Maharashtra, for increase an area of 4,1925 hectares. After deliberations, the Board deferred the proposal as recommendations of the State Government was not available. (iii) | Request of M/s. Estancia IT Park SEZ, developer of sector specific SEZ for IT/ITES at Vallancheri Village, Chenglepet Taluk, Kancheepuram district, Tamil Nadu for increase in area of its SEZ

The Board noted that contiguity of the SEZ, after the proposed increase in area, would be maintained by construction of foot over bridge after obtaining clearance from the appropriate State Government Authority and decided to approve the proposal subject to maintaining contiguity of the SEZ.

(iv) Request of M/s. RMZ Ecoworld Infrastructure Pvt. Ltd. for setting up of sector specific SEZ for IT/ITES at Devarabeesanahalli, Bhoganahalli and Doddakannahalli village, Varthur Hobli, Bangalore, Karnataka, for increase an area of 1.386 hectares.

The Board, after deliberations, approved the proposal.

varabeesanahalli, Bhoganahalli and Doddakannahalli village, Varthur Hobli, Bangalore, Karnataka, for increase an area of 1.386 hectares.

The Board, after deliberations, approved the proposal.

(v) Further extension of the validity period of formal approval, granted for setting up of eight SEZs by M/s. Navi Mumbai SEZ Pvt. Ltd. The Board noted that proposals for extension of formal approval of the eight SEZs beyond January/February 2016 had been considered during the 78" meeting of the Board held on 03.7.2017 when it was informed by the Government of Maharashtra that it was in receipt of an application from the Developer for extension of the formal approval and that the Govt. of Maharashtra, CIDCO and the Developer were in the process of resolving certain operational and regulatory issues which would take some time and had therefore requested that the case may be deferred. The BOA had then allowed extension of formal approval to the eight SEZs up to 30.8.2017 with a direction that the operational and regulatory issues may be resolved by that date, failing which the SEZs would automatically stand de-notified. Further,ithe-79 th BoA meeting held-on 18/09/2107 the Board took note ofCIDCO letter dated 16.09.2017 that the State Government of Maharashtra (UDD) and NSMEZ were in the process of resolving certain operational and regulatory issues. CIDCO has informed that the matter was referred to Advocate General of State on 06.10.2016 for legal advice on issues which may be resolved within a period of four months.

onal and regulatory issues. CIDCO has informed that the matter was referred to Advocate General of State on 06.10.2016 for legal advice on issues which may be resolved within a period of four months. The representative of the Government of Maharashtra present in the meeting stated that the Government of Maharashtra was seeking

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Page 10 of 12

Minutes of the 81% meeting of the Board of Approval for SEZ held on 5 February, 2018

extension of three more months for resolving the issues. The Board, after deliberations. approved extension of validity of formal approval for setting up of above eight SEZs by Navi Mumbai SEZ Pvt. Ltd. (NMSEZ) for further period of three months beyond 18.9.2017. In view of the above, the Board noted that ample time had been allowed to the Developer and State Government of Maharashtra for resolving their issues and despite that no concrete action seems to have been taken. The Board, after deliberations, decided to cancel the formal approval granted to the eight SEZs.

(vi) Proposal of M/s. Syndicate Innovations International Ltd. for setting up a unit in the Free Trade Warehousing Zone of M/s. Arshiya Northern FTWZ Ltd. at VillageIbrahimpur, Junaidpur urf Maujpur, Khurja Distt-Bulandshare (UP)

‘The Board, after deliberations, decided to defer the proposal with directions that the proposal may be examined by DGFT and MHA for further inputs.

(vii) Request of M/s. Biomax Fuels Limited a unit in VSEZ for manufacture and trading of biodiesel — permission for import of Tallow Oil

al may be examined by DGFT and MHA for further inputs.

(vii) Request of M/s. Biomax Fuels Limited a unit in VSEZ for manufacture and trading of biodiesel — permission for import of Tallow Oil

The Board, after deliberations, decided to reject the proposal.

(viii) Request of M/s. Abhijeet Ferro Tech. Ltd a unit in APSEZ, Visakhapatnam requested for import of ferro manganese slag The representative of the Ministry of Environment, Forests & CC informed that the clearance given by that Ministry dated 30.11.2017 had been given by the HMS Division which was the concerned division. The Board, after deliberations, decided to approve the proposal.

(ix) Request of M/s. Deepak Phenolics Limited for grant of permission of laying water supply pipeline through corridor available at Dahej SEZ

The Board, after deliberations, decided to approve the proposal subject to the conditions recommended by DC Dahej SEZ.

(x) Request of M/s. Adani Warehousing Services Pvt. Ltd., a unit in M/s. Mundra SEZ for granting approval for warehousing and further DTA sale of items covered under freely importable category (OGL)

The Board, after deliberations, decided to reject the proposal.

Item no. 81.6: Appeals before BoA (2 Appeal).

(i) Appeal of M/s. DHL Logistics Private Limited a unit in MEPZ against Minutes of ~~ themeetingof UAC held on 22.12.2017 passed by UAC, MEPZ.

—

The Board after deliberations.decided to uphold the Appeal.

a : ry ewhey Jy 18 Page 11 of 12

Minutes of the $1 : meeting of the Board of Approval for SEZ held on 5" February. 2018

(ii) Appeal of M/s. Texool Limited a unit in KASEZ against order dated 29.12.2017 passed by UAC, KASEZ.

The Board, after hearing the Appellant noted that the as per the original LOA dated 22.6.2004, the Unit was authorised to export all its items excluding rejects and sales in the DTA as per provisions of the SEZ Scheme. It was also noted that the Appellant had approached the UAC KASEZ for approval for allowing DTA clearance of rejects i.e. wipers on the ground that they were not importing the worn/ used clothing from outside India. However, as per Section 2(0) of SEZ Act, 2005 procurement from units in SEZs are also import. Therefore, the contention of the unit that they are different from other units operating under Policy guidelines dated 17.9.2013 in respect of Used and Worn Clothing Units is not tenable. Therefore the Board, decided that the appeal is liable for rejection.

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;

Page 12 of 12

Annexure - I

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List of Participants for the Meeting of the Board of Approval for Special Economic Zones held on 5 February, 2018 under the Chairpersonship of Commerce Secretary, Department of Commerce.

Ms. Rita Teaotia, Chairperson, BoA & Commerce Secretary, Department of Commerce 2. Shri Alok Vardhan Chaturvedi, DG, DGFT
Shri Sunil Kumar, Additional Secretary, Department of Commerce
Smt. Deepshikha Sharma, Addl. (CIT) OSD, CBDT, Department of Revenue, Ministry of Finance

Alok Vardhan Chaturvedi, DG, DGFT

Shri Sunil Kumar, Additional Secretary, Department of Commerce
Smt. Deepshikha Sharma, Addl. (CIT) OSD, CBDT, Department of Revenue, Ministry of Finance
Shri Saroj Kumar Behera, Joint Director, DGEP, CBEC
Shri Sunil Srivastava, Assistant Director, DGEP, Department of Revenue, Ministry of Finance
Dr. Rakesh. A.R., Research Assistant TCPO, Ministry of Housing & Urban Affairs.
Shri Anil Kant Mishra, Research Assistant TCPO, Ministry of Urban Development, Vikas Bhawan, I.P. Estate, New Delhi
Ms. Urmila, Joint Director, Ministry of Environment Forest & Climate Change.
Shri Rajiv Malik, Assistant Resident Commissioner, Govt. of Maharashtra, Maha Sadan.
Shri Gurpreet Singh, Manager, PSIEC, Chandigarh.
Shri Subhash Sharma, O.S.D., Govt. of Chhattisgarh
Shri R.C. Dahra, Consultant, Industries Department, Haryana
Shri R.K. Singh, Additional Commissioner, Export Promotion Bureau

LIST OF DEVELOPMENT COMMISSIONERS

Dr. L.B. Singhal, Development Commissioner, Noida SEZ
Dr. M.K.S. Sundram, Development Commissioner, MEPZ-SEZ/ CSEZ/Sri City SEZ
Shri Upendra Vashisht, Development Commissioner, KASEZ
Ms. Sobhana K.S. Rao, Development Commissioner, VSEZ
Shri J.M. Gupta, Development Commissioner, FSEZ/ISEZ
Shri R.P. Goyal, Development Commissioner, Reliance SEZ, Jamnagar
Dr. Amiya Chandra, Development Commissioner, APSEZ, Mundra
Shri S.S. Das, Development Commissioner, Mihan SEZ
Shri K.L. Sharma, Development Commissioner, Surat SEZ
Shri A.K. Singh, Development Commissioner, Mangalore SEZ
Shri G. Seetharam Reddy, Development Commissioner, APIIC SEZ, Atchutapuram, Visakhapatnam.
Shri V.P. Shukla, Joint Development Commissioner, SEEPZ-SEZ

LIST OF PARTICIPANTS FROM DEPARTMENT OF COMMERCE

Shri T.V. Ravi, Director, Department of Commerce
Shri G. Srinivasan, Under Secretary, Department of Commerce
Shri Aditya Narayan, Under Secretary, Department of Commerce
Shri K.C. Biswal, Section Officer, Department of Commerce
Shri Piyush, Section Officer, Department of Commerce

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