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Minutes of the 88th meeting of the Board of Approval on SEZs held on 25.02.2019

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No. F.2/1/2019-SEZ Government of India Ministry of Commerce and Industry Department of Commerce (SEZ Section)

Udyog Bhawan, New Delhi Dated the 28" February, 2019

OFFICE MEMORANDUM

Subject: 88" (Eighty Eighth) Meeting of the Board of Approval on Special Economic Zones (SEZs) held on 25" February, 2019 at 3.30 P.M. — Reg.

Please find enclosed herewith Minutes of the 88" meeting of the Board of Approval for SEZs held on 25" February, 2019 under the Chairmanship of Shri Anup Wadhawan, Secretary, Department of Commerce for information and necessary action.

  1. The Development Commissioners are requested to take urgent necessary action, on the directions of BoA requiring follow up action on their part, before the next meeting of the BoA. Ns Deputy\Secretary e Governmententhil Nathanof India S) Tel: 2306 3268 Email: senthil.nathan@gov.in

To

  1. Central Board of Excise and Customs, Member (Customs), Department of Revenue, North Block, New Delhi. (Fax: 23092628).

  2. Central Board of Direct Taxes, Member (IT), Department of Revenue, North Block, New Delhi. (Telefax: 23092107).

  3. Joint Secretary, Ministry of Finance, Department of Financial Services, Banking Division, Jeevan Deep Building, New Delhi (Fax: 23344462/23366797).

  4. Joint Secretary, Department of Industrial Policy and Promotion, Udyog Bhawan, New Delhi.

  5. Joint Secretary, Ministry of Shipping, Transport Bhawan, New Delhi.

  6. Joint Secretary (E), Ministry of Petroleum and Natural Gas, Shastri Bhawan, New Delhi

  7. Joint Secretary, Ministry of Agriculture, Plant Protection, Krishi Bhawan, New Delhi. 8. Ministry of Science and Technology, Sc ‘G’ & Head (TDT), Technology Bhavan, Mehrauli Road, New Delhi. (Telefax: 26862512)

ry, 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, T° FB loor, Block 2, CGO Complex, Lodhi Road, New Delhi - 110 003.

  2. Additional Secretary and Development Commissioner (Micro, Small and Medium Enterprises Scale Industry), Room No. 701, Nirman Bhavan, New Delhi (Fax: 23062315).

  3. Secretary, Department of Electronics & Information Technology, Electronics Niketan, 6, CGO Complex, New Delhi. (Fax: 24363101)

  4. Joint Secretary (IS-I), Ministry of Home Affairs, North Block, New Delhi (Fax: 23092569)

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

  6. Joint Secretary, Ministry of Environment and Forests, Pariyavaran Bhavan, CGO Complex, New Delhi — 110003 (Fax: 24363577)

  7. Joint Secretary & Legislative Counsel, Legislative Department, M/o Law & Justice, A-Wing, Shastri Bhavan, New Delhi. (Tel: 23387095).

  8. Department of Legal Affairs (Shri Hemant Kumar, Assistant Legal Adviser), M/o Law & Justice, New Delhi.

  9. Secretary, Department of Chemicals & Petrochemicals, Shastri Bhawan, New Delhi

  10. Joint Secretary, Ministry of Overseas Indian Affairs, Akbar Bhawan, Chanakyapuri, New Delhi. (Fax: 24674140)

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

anakyapuri, New Delhi. (Fax: 24674140)

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

  2. Director General, Director General of Foreign Trade, Department of Commerce, Udyog Bhavan, New Delhi.

  3. 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

  1. Development Commissioner, Noida Special Economic Zone, Noida.

  2. Development Commissioner, Kandla Special Economic Zone, Gandhidham.

  3. Development Commissioner, Falta Special Economic Zone, Kolkata.

  4. Development Commissioner, SEEPZ Special Economic Zone, Mumbai.

  5. Development Commissioner, Madras Special Economic Zone, Chennai 28. Development Commissioner, Visakhapatnam Special Economic Zone, Visakhapatnam

  6. Development Commissioner, Cochin Special Economic Zone, Cochin.

  7. Development Commissioner, Indore Special Economic Zone, Indore.

  8. Development Commissioner, Mundra Special Economic Zone, 4" Floor, C Wing, Port Users Building, Mundra (Kutch) Gujarat.

  9. Development Commissioner, Dahej Special Economic Zone, Fadia Chambers,

  • Ashram Road, Ahmedabad, Gujarat

    1. Development Commissioner, Navi Mumbai Special Economic Zone, SEEPZ Service Center, Central Road, Andheri (East), Mumbai — 400 096

c Zone, Fadia Chambers,

  • Ashram Road, Ahmedabad, Gujarat

    1. Development Commissioner, Navi Mumbai Special Economic Zone, SEEPZ Service Center, Central Road, Andheri (East), Mumbai — 400 096

  1. Development Commissioner, Sterling Special Economic Zone, Sandesara Estate, Atladra Padra Road, Vadodara - 390012

  2. Development Commissioner, Andhra Pradesh Special Economic Zone, Udyog Bhawan, gth Floor, Siripuram, Visakhapatnam — 3

  3. Development Commissioner, Reliance Jamnagar Special Economic Zone, Jamnagar, Gujarat

  4. Development Commissioner, Surat Special Economic Zone, Surat, Gujarat

  5. Development Commissioner, Mihan Special Economic Zone, Nagpur, Maharashtra 39. Development Commissioner, Sricity Special Economic Zone, Andhra Pradesh.

  6. Development Commissioner, Mangalore Special Economic Zone, Mangalore. 41.Government of Andhra Pradesh, Principal Secretary and CIP, Industries and Commerce Department, A.P. Secretariat, Hyderabad — 500022. (Fax: 040-23452895).

  7. Government of Telangana, Special Chief Secretary, Industries and Commerce Department, Telangana Secretariat Khairatabad, Hyderabad, Telangana.

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

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

rce and Industry Department, Vikas Saudha, Bangalore — 560001. (Fax: 080-22259870)

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

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

  3. Government of Tamil Nadu, Principal Secretary (Industries), Fort St. George, Chennai — 600009 (Fax: 044-25370822).

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

  5. Government of Haryana, Financial Commissioner and_ Principal Secretary), Department of Industries, Haryana Civil _— Secretariat, © Chandigarh (Fax: 0172-2740526).

  6. Government of Rajasthan, Principal Secretary (Industries), Secretariat Campus, Bhagwan Das Road, Jaipur — 302005 (0141-2227788).

  7. Government of Uttar Pradesh, Principal Secretary, (Industries), Lal Bahadur Shastri Bhawan, Lucknow— 226001 (Fax: 0522-2238255).

  8. Government of Punjab, Principal Secretary Department of Industry & Commerce Udyog Bhawan), Sector -17, Chandigarh- 160017.

  9. Government of Puducherry, Secretary, Department of Industries, Chief Secretariat, Puducherry.

  10. Government of Odisha, Principal Secretary (Industries), Odisha Secretariat, Bhubaneshwar— 751001 (Fax: 0671-536819/2406299).

ecretary, Department of Industries, Chief Secretariat, Puducherry.

  1. Government of Odisha, Principal Secretary (Industries), Odisha Secretariat, Bhubaneshwar— 751001 (Fax: 0671-536819/2406299).

  2. Government of Madhya Pradesh, Chief Secretary, (Commerce and Industry), Vallabh Bhavan, Bhopal (Fax: 0755-2559974)

  3. Government of Uttarakhand, Principal Secretary, (Industries), No. 4, Subhash Road, Secretariat, Dehradun, Uttarakhand

  4. Government of Jharkhand (Secretary), Department of Industries Nepal House, Doranda, Ranchi — 834002.

  5. Union Territory of Daman and Diu and Dadra Nagar Haveli, Secretary (Industries), Department of Industries, Secretariat, Moti Daman — 396220 (Fax: 0260-2230775).

  6. Government of Nagaland, Principal Secretary, Department of Industries and Commerce), Kohima, Nagaland.

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

Copy to: PPS to CS/ PPS to AS (BBS) / PA to DS (SNS).

Minutes of the 88" meeting of the Board of Approval for SEZs held on 25" February, 2019

The Eighty Eighth (88"") meeting of the Board of Approval (BoA) for Special Economic Zones (SEZs) was held on 25" February, 2019 under the Chairmanship of Shri Anup Wadhawan, Secretary, Department of Commerce, at 3:30 P.M. in Room No. 108, Udyog Bhawan, New Delhi. The list of participants is Annexed (Annexure-1).

Item No. 88.1: Confirmation of minutes of the meeting of the 87" BoA held on 09.01.2019.

The Board of Approval took note of the DGEP, Department of Revenue’s OM dated 07.02.2019 in respect of agenda point no.87.10(v) regarding amendment of policy guidelines of Department of Commerce for Power Generation, Transmission and Distribution in SEZs which conveys that they had suggested that the Power Guidelines, being a policy matter, should be decided by DoC. It was agreed that this submission by Department of Revenue may be included in the minutes of agenda item 87.10(v) of the meeting held on 9" January, 2019 and taken on record.

Item No. 88.2: Requests for extension of validity of formal approvals (2 proposals)

88.2 (i) Request of M/s. Indus Gene Expressions Ltd-SEZ for further extension of the validity period of formal approval, granted for setting up of Bio-tech sector specific SEZ at Kodur and Settipali Villages, Chilamathur Mandal, Anantapur Distt, Andhra Pradesh beyond 13.02.2019.

The Board, after deliberations, approved extension of the validity of the formal approval up to 13"" February, 2020.

88.2(ii) Request of M/s. SEZ Biotech Services Pvt. Ltd. for further extension of the validity period of formal approval, granted for setting up of Poonawala Bio Technology Park —- SEZ at Manjri Budruk,Taluka Haveli, District — Pune beyond 27.03.2019. The Board, after deliberations, approved extension of the validity of the formal approval up to 26" March, 2020.

Item No. 88.3 Requests for extension of LoP beyond 3"! Year onward (9 proposals)

88.3(i) Request of M/s. Camlin Fine Sciences Ltd in the Plot No Z/96/D, Dahej SEZ Ltd, Part Il, Dahej, Village: Luvara, Tal: Vagra, Dist: Bharuch, Gujarat for the extension of the LoP beyond 4" year upto 09.03.2020. 9" March,The2020.Board, after deliberations, approved extension of the validity of the LoP up to Nae Page 1 of 10

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ension of the validity of the LoP up to Nae Page 1 of 10

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88.3(ii) Request of M/s. Indus Gene Expressions Ltd., a unit in M/s. Indus Gene Expressions Ltd SEZ for Biotechnology for extension of LoP beyond 01.01.2019 for a period of one year up to 01.01.2020. 1* January,The 2020.Board, after deliberations, approved extension of the validity of the LoP up to

88.3(iii) Request of M/s Dr Reddy's Laboratories Limited, FTO SEZ Process Unit-II in DRL-SEZ for extension of Letter of Permission (LOP) beyond 25.02.2019 for fifth extension up to 25.02.2020. ge February,The Board,2020. after deliberations, approved extension of the validity of the LoP up to 88.3(iv) Request of M/s. Amazon IT Services (India) Pvt. Ltd., a unit in M/s. TSIIC Limited SEZ for extension of Letter of Permission (LoP) beyond 3™ year upto 04.03.2020.

4"March,The2020.Board, after deliberations, approved extension of the validity of the LoP up to

M/s. TSIIC Limited SEZ for extension of Letter of Permission (LoP) beyond 3™ year upto 04.03.2020.

4"March,The2020.Board, after deliberations, approved extension of the validity of the LoP up to

88.3(v) Request of M/s. Wockhardt Ltd., (Unit-IIin the sector specific SEZ for Pharmaceuticals being developed by M/s. Wockhardt Infrastructure Development Limited at Shendre, Aurangabad, Maharashtra for extension of Letter of Permission (LOP) beyond 24" February, 2019. 25" February,The Board,2020. after deliberations, approved extension of the validity of the LoP up to 88.3(vi) Request of M/s. Pako Communications Pvt. Ltd. a SEZ unit in MIDC SEZ, Hinjewadi, Phase III, Pune(IT/ITES) for approval of the third extension of the validity period of LoP for a further period of one year upto 15.06.2019. 15"" June,The2019.Board, after deliberations, approved extension of the validity of the LoP up to 88.3(vii) Request of M/s. Gowra Aerospace Technologies Pvt. Ltd., unit in M/s. TSIIC Ltd. SEZ for Precision Engineering at Adibatla Village, Ibrahimpatnam Mandal, Ranga Reddy District, Telangana for extension of validity of their LoP beyond 12.12.2013. 11" December,The Board,2019.after deliberations, approved extension of the validity of the LoP up to The Board took a view that all the Development Commissioners should ensure that units under their jurisdiction will abide by the timelines granted to them and avoid project delays. The units are required to submit application seeking renewal before expiry of the validity period of their LoP. \ |i Page 2 of 10

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melines granted to them and avoid project delays. The units are required to submit application seeking renewal before expiry of the validity period of their LoP. \ |i Page 2 of 10

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88.3 (viii) Request of M/s. Tata Power Company Ltd. a unit in KIADB Aerospace SEZ for extension in the validity period of Letter of Permission beyond 06.03.2019.

6" The Board, after deliberations, approved extension of the validity of the LoP up to March, 2020. 88.3(ix) Request of M/s. Biocon Pharma Ltd. in the Biocon SEZ for extension of Letter of Permission (LoP) beyond 22" February, 2019 for one year upto 22" February, 2020. 22" February,The Board,2020.after deliberations, approved extension of the validity of the LoP up to

Item No. 88.4: Change of Shareholding Pattern/Change of name/merger-demerger/others (8 proposals)

Auto88.4(i)and AncRequestSEZ Pvt.forLtd. change in name of M/s. HBS Pharma SEZ Pvt. Ltd. to M/s. HBS

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PharmaThe Board approved the proposal of the developer for change in name of M/s. HBS SEZ Pvt. Ltd. to M/s. HBS Auto and Anc SEZ Pvt. Ltd. subject to the following conditions :-

  • i. Seamless continuity of the SEZ activities with unaltered responsibilities and obligations

  • ii. for the altered developer entity; Fulfillment of all eligibility criteria applicable to developer, including security clearances etc., by the altered developer entity and its constituents;

  • iii. Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules 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 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

  • vii. to lease of land, as applicable. The developer shall furnish details of PAN and jurisdictional assessing officer of the developer to CBDT. \ HeNY Page 3 of 10

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. to lease of land, as applicable. The developer shall furnish details of PAN and jurisdictional assessing officer of the developer to CBDT. \ HeNY Page 3 of 10

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88.4(ii) Request of M/s. India Power Corporation (Tuticorin) Private Limited (codeveloper) in M/s. AMRL Hitech City Ltd., multi product SEZ at Nanguneri, Tirunelveli District, Tamil Nadu for change of name to M/s. Tuticorin Electricity Supply Private Limited and change in shareholding. The Board approved the proposal of the co-developer for change of name to M/s. Tuticorin Electricity Supply Private Limited. The Board noted that proposal does not indicate whether the change in shareholding pattern has the approval under relevant statutes. The Board, after deliberations, approved the proposal subject to approval by relevant Statutory body for such change in shareholding pattern with following conditions:-

  • i. Seamless continuity of the SEZ activities with unaltered responsibilities and obligations

  • ii. for the altered co-developer entity; Fulfillment of all eligibility criteria applicable to co-developer, 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

  • 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,

  • 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.

  • vi. The applicant shall comply with relevant State Government laws, including those relating

  • vii. to lease of land, as applicable. | The co-developer shall furnish details of PAN and jurisdictional assessing officer of the co-developer to CBDT.

88.4(iii) Request of M/s. Candor Gurgaon Two Developers & Projects Pvt. Ltd., Codeveloper of IT/ITES SEZ of M/s. Gurgaon Infospace Ltd. at Village Dundahera, Sector21, Gurugram (Haryana) for change in shareholding pattern of the company.

  • i. The Board, after deliberations, approved the proposal subject to the following conditions:Seamless continuity of the SEZ activities with unaltered responsibilities and obligations

  • ii. for the altered co-developer entity; Fulfillment of all eligibility criteria applicable to co-developer, including security

  • lii. clearances etc., by the altered co-developer entity and its constituents; Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules

-developer, including security

  • lii. clearances etc., by the altered co-developer entity and its constituents; 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,

  • 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 ‘

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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 vii. to lease of land, as applicable. The co-developer shall furnish details of PAN and jurisdictional assessing officer of the co-developer to CBDT. 88.4 (iv) Request of M/s. Phoenix Embassy Tech Zone Pvt. Ltd. for change in shareholding pattern and change of name of their company to M/s Phoenix Tech Zone Pyt. Ltd. The Board noted that proposal does not indicate whether the change in shareholding pattern and the change in name have the approval under relevant statutes. The Board, after deliberations, approved the proposal subject to approval by relevant statutory bodies with following conditions:-

and the change in name have the approval under relevant statutes. The Board, after deliberations, approved the proposal subject to approval by relevant statutory bodies with following conditions:-

  • i. Seamless continuity of the SEZ activities with unaltered responsibilities and obligations

  • ii. for the altered developer entity; Fulfillment of all eligibility criteria applicable to developer, including security clearances

  • iii. etc., by the altered developer entity and its constituents; 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,

  • 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

  • vi. Income Tax Act, 1961. 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.

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.

88.4(v) Request of M/s. Harman Connected Services Technologies Private Limited a co-developer in M/s. Manyata Embassy Business Park SEZ for change of name to M/s. Harman Connected Services Corporation India Private Limited.

  • The Board noted that proposal does not indicate whether the change in name has the

  • approval under relevant statutes. The Board, after deliberations, approved the proposal subject to approval by relevant statutory body with following conditions:i. Seamless continuity of the SEZ activities with unaltered responsibilities and obligations

  • ii. for the altered co-developer entity; Fulfillment of all eligibility criteria applicable to co-developer, including security clearances etc., by the altered co-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,

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,

  • 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.

  • vi. The applicant shall comply with relevant State Government laws, including those relating

  • vii. to lease of land, as applicable. The co-developer shall furnish details of PAN and jurisdictional assessing officer of the co-developer to CBDT.

88.4(vi) M/s. DLF Infocity Developers (Chennai) Ltd., developer for IT/ITES SEZ at Shivaji Gardens, Moonlight Stop, Nandampakkam Post, Ramapuram, Chennai for transfer of LoA M/s. DLF Home Developers Ltd. to M/s. DLF Info City Chennai Ltd. due to de-merger-NCLT orders. to The Board approved the proposal for transfer of LoA of M/s. DLF Home Developers Ltd. M/s. DLF Info City Chennai Ltd. subject to the following conditions :-

  • i. Seamless continuity of the SEZ activities with unaltered responsibilities and obligations

  • ii. for the altered developer entity; Fulfillment of all eligibility criteria applicable to developer, including security clearances

Z activities with unaltered responsibilities and obligations

  • ii. for the altered developer entity; Fulfillment of all eligibility criteria applicable to developer, including security clearances

  • iii. etc., by the altered developer entity and its constituents; 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,

  • 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.

  • vi. The applicant shall comply with relevant State Government laws, including those relating

  • vii. to lease of land, as applicable. The developer shall furnish details of PAN and jurisdictional assessing officer of the developer to CBDT.

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88.4(vii) (a) Request for Change in shareholding of M/s. Tanglin Developments Limited (TDL) on a fully diluted basis pursuant to investment by a subsidiary of M/s. BREP Asia II Indian Holding Co I(NQ) Pte Ltd, Singapore (a member of Blackstone Group) through Convertible Debentures. \ Page 6 of 10

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iluted basis pursuant to investment by a subsidiary of M/s. BREP Asia II Indian Holding Co I(NQ) Pte Ltd, Singapore (a member of Blackstone Group) through Convertible Debentures. \ Page 6 of 10

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(b) Approval for demerger of Global Village SEZ developed by M/s. Tanglin Developments Limited (TDL) into a subsidiary of M/s. BREP Asia II Indian Holding Co I (NQ) Pte Ltd, Singapore (a member of Blackstone Group). The relevant Board noted that the proposal does not indicate whether it has the approval under relevant statutes. The Board, after deliberations, approved the proposals subject to approval by statutory body with following conditions:-

  • i. Seamless continuity of the SEZ activities with unaltered responsibilities and obligations

  • ii. for the altered developer entity; Fulfillment of all eligibility criteria applicable to developer, including security clearances

  • lii. etc., by the altered developer entity and its constituents; 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,

  • 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.

  • vi. The applicant shall comply with relevant State Government laws, including those relating

  • vii. to lease of land, as applicable. The developer shall furnish details of PAN and jurisdictional assessing officer of the developer to CBDT.

  • 88.4(viii) Request of M/s. Pesh Infra Builders LLP.—Co-developer in MIDC SEZ, Hinjewadi, Pune for prior approval for change in capital contribution and retirement and admission ofpartners of the company. statutes.TheThe BoardBoard, notedafter thatdeliberations, Proposal doesapproved not indicatethe whetherproposal it hassubject the approvalto approval underby relevant statutory body with following conditions:i. Seamless continuity of the SEZ activities with unaltered responsibilities and obligations

  • li. for the altered co-developer entity; Fulfillment of all eligibility criteria applicable to co-developer, including security

he SEZ activities with unaltered responsibilities and obligations

  • li. for the altered co-developer entity; Fulfillment of all eligibility criteria applicable to co-developer, 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

  • 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,

  • 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

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etc. as may be applicable and eligibility for deduction under relevant sections of the vi. Income Tax Act, 1961. The applicant shall comply with relevant State Government laws, including those relating Vii. to lease of land, as applicable. co-developerThe co-developer to CBDT. shall furnish details of PAN and jurisdictional assessing officer of the

Item No. 88.5 Requests for co-developer (one proposal)

88.5(i) Request of M/s. Torrent Power Ltd. for approval as Co-developer for development of infrastructure viz. proposed installation of 33 KV Sub-Station as a part of Electricity distribution network at Plot No. 23 as well as 09 nos. of small sub-stations of 11KVs already installed in Sector Specific SEZ for the Sector “EHTP & IT/ITES” (known as GIDC-EP SEZ)at Gandhinagar.

The Board, after deliberations, approved the proposal of M/s. Torrent Power Ltd.for development of infrastructure viz. proposed installation of 33 KV Sub-Station as a part of Electricity distribution network at Plot No. 23 as well as 09 nos. of small sub-stations of | IKVs already installed subject to Co-Developer Agreement being entered into with the developer and also subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period is limited to a period not exceeding 30 years (Renewable),

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into with the developer and also subject to standard terms and conditions as per SEZ Act and Rules provided that the lease period is limited to a period not exceeding 30 years (Renewable),

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Item No.88.6 Proposal for setting up of new SEZs (one proposal) 88.6(i) Request of M/s.Adani Power (Jharkhand) Ltd. for Setting up of sector-specific SEZ for power at Villages — Motia, Mali, Gaighat& adjacent villages in Godda District, Jharkhand over an area of 425 Ha (formal approval for the land in possession of222.68 Ha area and In-principle approval for remaining 202.32 hectares). Special The Board, after deliberations, approved the proposal for setting up of a sector specific Godda Economic Zone for power at Villages — Motia, Mali, Gaighat & adjacent villages in 222.68 District, Jharkhand over an area of425 Ha (formal approval for the land in Possession of Ha area and In-principle approval for remaining 202.32 hectares),

; Item No. 88.7 Miscellaneous Cases (9 proposals) 88.7(i) Request of Indian Oil Corporation Ltd. ([OCL) for permission to lay Petroleum Pipe Line along with Optical Fiber Cable as part of their Paradeep- Hyderabad Pipe Line Project through APSEZ notified area and Industrial Cluster — Atchutapuram & Rambilli Mandals, that The Board, after deliberations, decided to approve the proposal subject to the condition andand[received][that] Indian DC, Oil APSEZ,[from] Corporation[DTA.][ Atchutapuram] Ltd. (IOCL)wou wil l notd[ ensure Proper] avail any duty[ account] benefits[ of] onquantum laying the[of][goods] said Pipeline[ supplied] \ ie\ a _

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Z,[from] Corporation[DTA.][ Atchutapuram] Ltd. (IOCL)wou wil l notd[ ensure Proper] avail any duty[ account] benefits[ of] onquantum laying the[of][goods] said Pipeline[ supplied] \ ie\ a _

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88.7(ii) Request of Ms. Transworld Business Corporation for Inclusion of additional items of Virgin Plastic Scrap/Waste/Lump (Virgin grade) with Annual Capacity of 7500 MT in their existing valid Letter of Approval(LOA). The Board, after deliberations decided to reject the Proposal on the ground that the inclusion of additional items in the LoA amounts to a fresh proposal of plastic recycling unit which is not allowed in terms of Rule 18(4) of the SEZ Rules, 2006.

88.7(iii) Request of M/s Zest Marine Service Pvt. Ltd., Kandla SEZ for broadLoAbanding — BoAof Approval. Cigarettes and filter cigarettes of various brands for trading in their existing

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The Board, after deliberations decided to reject the proposal. specific88.7(iv) SEZRequest to Multi for Product permission SEZ. for conversion ofM/s. Mahindra World City SEZ from sector for The Board, after deliberations decided to reject the proposal as the minimum requirement the land area in respect of multi-product SEZ was not met in accordance with the prevalent providingRules/Instructions.flexibilityHowever,in such cases.the Board was of the view that the DoC may revisit the policy for 88.7(v) Request of M/s Mahindra Residential Developers Limited (MRDL), CoDeveloper of M/s Mahindra World City Developers Limited SEZ, Central Avenue, Chengalpet, Kancheepuram, Tamil Nadu for surrender of Co-developer status. the matterTheis Board,sub-judice.after deliberations, decided to keep the matter in abeyance for deliberations as 88.7(vi) Request of M/s. Embassy Office Parks Pvt. Ltd. a sector specific SEZ for IT/ATES at Plot No. PLL-3, Rajiv Gandhi Infotech Park, Hinjewadi, Phase II, Villagehectares.Marunjji, TalukaMulashi, District Pune, Maharashtra, for increase in an area of 7.298

or specific SEZ for IT/ATES at Plot No. PLL-3, Rajiv Gandhi Infotech Park, Hinjewadi, Phase II, Villagehectares.Marunjji, TalukaMulashi, District Pune, Maharashtra, for increase in an area of 7.298

The Board, after deliberations, approved the proposal for increase in an area of 7.298 ha. 88.7(vii)a Application submitted by M/s. Rajesh Exports Ltd., Bangalore for setting up Unit in Cochin SEZ for manufacture/ export of Gold Bars and Silver Bars. The Board, after deliberations, decided to reject the proposal on the ground that the proposed activity is not allowed in terms of para 4.61 of the Handbook of Procedure (HBP) 2015-2020 and also the Notification No. 21/2015-2020 dated 14.08.20] 7 issued by DGFT, c NC Page 9 of 10

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88.7(viii) Request of M/s. Abhijeet Ferro Tech Ltd., a unit in APSEZ, forAtchutapuramtheir authorizedfor importoperations. of Ferro Manganese slag for a quantity of 1,00,000 MTs The Board, after deliberations, approved the proposal subject to NoC from Ministry of Environment, Forest & Climate Change and prescribed conditions. 88.7(ix) Request of M/s.

quantity of 1,00,000 MTs The Board, after deliberations, approved the proposal subject to NoC from Ministry of Environment, Forest & Climate Change and prescribed conditions. 88.7(ix) Request of M/s. Gujarat State Petronet Limited, Dahej SEZ Co-Developer to grant permission for laying 36" dia natural gas pipeline passing through Dahej SEZ that The Board, after deliberations, decided to approve the proposal subject to the condition Co-developer will not avail any duty benefits on laying the said pipeline and that DC, Dahej would ensure proper account of quantum of goods supplied and received from DTA.

Item

88.8(i) Item no. 88.8: Appeals before BoA (3 appeals) Appeal dated 05.02.2019 filed by M/s MGA & Associates against the order of the UAC, KASEZ dated 28.01.2019 for cancellation of the LoA of the unit. The Board, heard the appellant and after deliberations, allowed the appeal subject to necessary adjudication by DC, KASEZ for non-activity under the FTDR Act, 1992, 88.8(ii) Appeal of M/s. Encee International against the order dated 22.12.2018 of UAC/NSEZ for non renewal of LoA. The appellant did not appear before the Board. The case was deferred for consideration in the next meeting of the Board of Approval. Notice may be issued as prescribed. 88.8(iii) Appeal of M/s. Advance Ispat (India) Ltd. against UAC, NSEZ order dated 28/31.12.2018 cancelling the Letter of Approval of the unit. to The Board, heard the appellant and noted that they were not provided sufficient Opportunity be heard before cancellation of their LoP. The appellant also stated that during the alleged period when exports were not affected due to unfavorable market conditions, the unit was engaged in job work for other SEZ units. The appellant has further stated that the details of such job work done & clearances made would be submitted to the Jurisdictional DC. In view of the above, the case was remanded to the UAC, NSEZ for reconsideration. ARK 2 ok \ \ ie Page10 of10

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Annexure - I

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uld be submitted to the Jurisdictional DC. In view of the above, the case was remanded to the UAC, NSEZ for reconsideration. ARK 2 ok \ \ ie Page10 of10

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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 25 February, 2019 under the Chairmanship of Commerce Secretary, Department of Commerce.

  1. Shri Anup Wadhawan, Chairman, BoA & Commerce Secretary, Department of Commerce

  2. Shri Alok Vardhan Chaturvedi, DG, DGFT

  3. Shri Bidyut Behari Swain, Additional Secretary, Department of Commerce

  4. Shri Senthil Nathan S, Deputy Secretary, Department of Commerce.

  5. Smt. Deepshikha Sharma, OSD, ITA-I CBDT, Department of Revenue, Ministry of Finance.

  6. Dr. Prem Verma, ADG, DGEP, CBIC

  7. Shri Saroj Kumar Behera, Additional Commissioner,[DGEP,][CBIC]

  8. Ms. R. Mythili, Under Secretary, DIPP 9. Shri Anil Kant Mishra, Research Assistant TCPO, Ministry of Urban Development, Vikas Bhawan, I.P. Estate, New Delhi

  9. Shri Vivek Kumar, Assistant Director, Ministry of Environment, Forest and Climate Change.

  • 11.12. ShriShri GurpreetR.C. Dahra, Singh,Consultant, Manager,O/o PSIEC,Director Govt.Industries of Punjab.Department, Haryana 13. Shri N.K. Singh, OSD, Noida Authority, (Rep- Govt of Uttar Pradesh). 14. Shri HPS Sran, Secretary, Industry & Commerce, Govt. of Puducherry

  • LIST OF DEVELOPMENT COMMISSIONERS

  1. Dr. L.B. Singhal, Development Commissioner, Noida SEZ

  2. Dr. M.K.S. Sundram, Development Commissioner, MEPZ-SEZ/ CSEZ

& Commerce, Govt. of Puducherry

  • LIST OF DEVELOPMENT COMMISSIONERS

  1. Dr. L.B. Singhal, Development Commissioner, Noida SEZ

  2. Dr. M.K.S. Sundram, Development Commissioner, MEPZ-SEZ/ CSEZ

  3. Dr. Amiya Chandra, Development Commissioner, KASEZ/ Adani Port SEZ, Mundra 18. Shri G. Seetharam Reddy, Development Commissioner, APIIC SEZ, Atchutapuram/ VSEZ, Visakhapatnam.

  4. Shri B.K. Panda, Development Commissioner, Falta SEZ

  5. Shri J.M. Gupta, Development Commissioner, Indore SEZ

  6. Shri R. Muthuraj, Development Commissioner, Sri City SEZ

  7. Shri S. Sasi Kumar, Development Commissioner, Mangatore SEZ

  8. Shri Anil Kumar Choudhary, Development Commission2r, Dahej SEZ

  9. Shri Virendra Singh, Development Commissioner, Sura: SEZ, Gujarat

  10. Shri Jay Karan Singh, Development Commissioner, Mizan SEZ, Nagpur.

  11. Shri Pravin Chandra, Joint Development Commissioner, SEEPZ-SEZ

  12. Shri Vasanta Kiran Babu, Joint Development Commissioner, VSEZ

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