Minutes of the 97th meeting of the BoA for SEZs held on 20.03.2020
In force — no superseding record on file.
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No. K-43016(12)/3/2020-SEZ Government of India Ministry of Commerce and Industry Department of Commerce (SEZ Section) UdyogDated the Bhawan,93° March, New Delhi 2020
OFFICE MEMORANDUM
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Subject: 97" (Ninety Seventh) Meeting of the Board of Approval on Special Economic Zones (SEZs) held on 20" March, 2020 at 11.00 A.M. — reg.
Please find enclosed: herewith Minutes of the 97" meeting of the Board of Approval for SEZs held on 20° March, 2020 under the Chairmanship of Shri Anup Wadhawan, Secretary, Department of Commerce for information and necessary action.
- 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.
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jon (Darshan Kumar Solanki) Under Secretary to the Government of India Tel: 2306 2496 Email: dk.solanki@nic.in
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Central Board of Excise and Customs, Member (Customs), Department of Revenue, North Block, New Delhi. (Fax: 23092628).
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Central Board of Direct Taxes, Member (IT), Department of Revenue, North Block, New Delhi. (Telefax: 23092107).
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Joint Secretary, Ministry of Finance, Department of Financial Services, Banking Division, Jeevan Deep Building, New Delhi (Fax: 23344462/23366797).
4, Shri Anil Agarwal, 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
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
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Joint Secretary, Ministry of Agriculture, Plant Protection, Krishi Bhawan, New Delhi. 8. Ministry of Science and Technology, Sc ‘G’ & Head (TDT), Technology Bhavan, 9. MehrauliJoint Secretary, Road, NewDepartment Delhi. (Telefax:of Biotechnology, 26862512)Ministry of Science and Technology, 7" Floor, Block 2, CGO Complex, Lodhi Road, New Delhi - 110 003.
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Additional Secretary and Development Commissioner (Micro, Small and Medium Enterprises Scale Industry), Room No. 701, Nirman Bhavan, New Delhi (Fax: 23062315).
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Secretary, Department of Electronics & Information Technology, Electronics Niketan, 6, CGO Complex, New Delhi. (Fax: 24363101)
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Joint Secretary (IS-I), Ministry of Home Affairs, North Block, New Delhi (Fax: 23092569)
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Joint Secretary (C&W), Ministry of Defence, Fax: 23015444, South Block, New Delhi.
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Joint Secretary, Ministry of Environment and Forests, Pariyavaran Bhavan, CGO Complex, New Delhi— 110003 (Fax: 24363577)
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Joint Secretary & Legislative Counsel, Legislative Department, M/o Law & Justice, A-Wing, Shastr i Bhavan, New Delhi. (Tel: 23387095).
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Department of Legal Affairs (Shri Lal Chand Dabara, Assistant Legal Adviser), M/o Law & Justice, Shastri Bhawan, New Delhi.
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Secretary, Department of Chemicals & Petrochemicals, Shastri Bhawan, New Delhi
of Legal Affairs (Shri Lal Chand Dabara, Assistant Legal Adviser), M/o Law & Justice, Shastri Bhawan, New Delhi.
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Secretary, Department of Chemicals & Petrochemicals, Shastri Bhawan, New Delhi
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Joint Secretary, Ministry of Overseas Indian Affairs, Akbar Bhawan, Chanakyapuri, New Delhi. (Fax: 24674140)
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Chief Planner, Department of Urban Affairs, Town Country Planning Organisation, Vikas Bhavan (E-Block), I.P. Estate, New Delhi. (Fax: 23073678/23379197)
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Director General, Director General of Foreign Trade, Department of Commerce, Udyog Bhavan, New Delhi.
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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
- 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, Visakhapatnam ;
- 29, Development Commissioner, Cochin Special Economic Zone, Cochin.
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Development Commissioner, Indore Special Economic Zone, Indore.
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Development Commissioner, Mundra Special Economic Zone, 4" Floor, C Wing, Port Users Building, Mundra (Kutch) Gujarat.
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Development Commissioner, Indore Special Economic Zone, Indore.
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Development Commissioner, Mundra Special Economic Zone, 4" Floor, C Wing, Port Users Building, Mundra (Kutch) Gujarat.
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Development Commissioner, Dahej Special Economic Zone, Fadia Chambers, Ashram Road, Ahmedabad, Gujarat
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Development Commissioner, Navi Mumbai Special Economic Zone, SEEPZ Service Center, Central Road, Andheri (East), Mumbai — 400 096
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Development Commissioner, Sterling Special Economic Zone, Sandesara Estate, Atladra Padra Road, Vadodara - 390012
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Development Commissioner, Andhra Pradesh Special Economic Zone, Udyog Bhawan, 9" Floor, Siripuram, Visakhapatnam — 3
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Development Commissioner, Reliance Jamnagar Special Economic Zone, Jamnagar, Gujarat
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Development Commissioner, Surat Special Economic Zone, Surat, Gujarat
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Development Commissioner, Mihan Special Economic Zone, Nagpur, Maharashtra 39. Development Commissioner, Sricity Special Economic Zone, Andhra Pradesh.
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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),
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Government of Telangana, Special Chief Secretary, Industries and Commerce Department, Telangana Secretariat Khairatabad, Hyderabad, Telangana.
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- Government of Karnataka, Principal Secretary, Commerce and Industry Department, Vikas Saudha, Bangalore ~ 560001. (Fax: 080-22259870)
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Secretariat Khairatabad, Hyderabad, Telangana.
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- Government of Karnataka, Principal Secretary, Commerce and Industry Department, Vikas Saudha, Bangalore ~ 560001. (Fax: 080-22259870)
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44, Government of Maharashtra, Principal Secretary (Industries), Energy and Labour
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. Department, Mumbai — 400 032. 45, 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
- 47, Government of Tamil Nadu, Principal Secretary (Industries), Fort St. George, Chennai — 600009 (Fax: 044-25370822).
- Government of Kerala, Principal Secretary (Industries), Government Secretariat, Trivandrum — 695001 (Fax: 0471-2333017).
49.Government of Haryana, Financial Commissioner and Principal Secretary), Department of Industries, Haryana Civil Secretariat, Chandigarh (Fax: 0172-2740526).
- Government of Rajasthan, Principal Secretary (Industries), Secretariat Campus, Bhagwan Das Road, Jaipur — 302005 (0141-2227788).
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51, Government of Uttar Pradesh, Principal Secretary, (Industries), Lal Bahadur Shastri
- ‘Bhawan, Lucknow— 226001 (Fax: 0522-2238255).
- Government of Punjab, Principal Secretary Department of Industry & Commerce Udyog Bhawan), Sector -17, Chandigarh- 160017.
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‘Bhawan, Lucknow— 226001 (Fax: 0522-2238255).
- Government of Punjab, Principal Secretary Department of Industry & Commerce Udyog Bhawan), Sector -17, Chandigarh- 160017.
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- Government of Puducherry, Secretary, Department of Industries, Chief Secretariat, Puducherry.
34.Government of Odisha, Principal Secretary (Industries), Odisha Secretariat, Bhubaneshwar ~ 751001 (Fax: 0671-536819/2406299).
- Government of Madhya Pradesh, Chief Secretary, (Commerce and Industry), Vallabh Bhavan, Bhopal (Fax: 0755-2559974)
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Government of Uttarakhand, Principal Secretary, (Industries), No. 4, Subhash Road, Secretariat, Dehradun, Uttarakhand
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Government of Jharkhand (Secretary), Department of Industries Nepal House, 58. Doranda, Ranchi ~ 834002. Union Territory of Daman and Diu and Dadra Nagar Haveli, Secretary (Industries), Department of Industries, Secretariat, Moti Daman ~ 396220 (Fax: 0260-2230775).
59.Government of Nagaland, Principal Secretary, Department of Industries and Commerce), Kohima, Nagaland.
- Government of Chattishgarh, Commissioner-cum-Secretary Industries, Directorate of Industries, LIC Building Campus, and Floor, Pandri, Raipur, Chhattisgarh (Fax: 0771-2583651).
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Copy to: PPS to CS/ PPS to AS (BBS) / PPS to DS (SNS).
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Minutes of the 97 meeting of the Board of Approval for SEZs held on 20" March, 2020
The Ninety-seventh (97") meeting of the Board of Approval (BoA) for Special Economic Zones (SEZs) was held on 20" March, 2020 under the chairmanship of Shri Anup Wadhawan, Secretary, Department of Commerce, at 11.00 A.M. in Room No. 141, Udyog Bhawan, New Delhi. The list of participants is annexed (Annexure-1).
Item No. 97.1: Confirmation of minutes of the meetings of the 95" and 96" BoA held on 14" February, 2020 and 26" February, 2020 respectively.
The Board took note of DGEP’s O.M. no. DGEP/SEZ/10/2020 dated 19.03.2020 ( Copy attached) in connection to their observations in respect of Agenda item no. 95.12(i) of the 95" BoA pertaining to the request of M/s NDR Infrastructure Pvt. Ltd. for formal approval for setting up of FTWZ at Nandiyambakkam Village, Minjur Panchayat, Ponneri Taluk, Tiruvallur District, Tamil Nadu and directed to obtain views of Department of Legal Affairs on this item.
The Board, after deliberations, decided that a decision on Item no. 95.12(i) will be taken on file based on the confirmation from the Department of Legal Affairs and the minutes of the meeting of the 95" BoA stands amended to the said extent.
__... Accordingly,the Board, ratified the minutes of the 95" and 96" BoA with the above amendment.
97.2 Proposal for change in Shareholding Pattern/change of name
97.2(i) Request of M/s. DLF Info City Hyderabad Ltd, IT/ITES SEZ at Gachibowli Village, Serilingampally Mandal, Ranga Reddy District, Telangana for change in shareholding pattern of their company.
The Board, after deliberations, approved the proposal subject to approval by relevant statutory bodies with the following conditions:-
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i. Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered developer entity;
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ii. Fulfilment of all eligibility criteria applicable to developer, including security clearances etc., by the altered developer entity and its constituents;
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iii, Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc.
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- 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.
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epartment of Revenue and to the jurisdictional Authority.
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v. The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961.
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vi. The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable.
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vii. The developer shall furnish details of PAN and jurisdictional assessing officer of the developer to CBDT.
97,2(ii) Request of M/s Vikas Telecom Pvt. Ltd. developer of Vikas Telecom Pvt. Ltd. SEZ, Embassy Tech Village, Bangalore for amendment in approval of change in shareholding pattern. The Board, after deliberations, approved the proposal! for amendment in the name of the shareholder in the already approved change in shareholding pattern with the following conditions:-
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i. Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered developer entity;
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ii. Fulfilment of all eligibility criteria applicable to developer, including security clearances etc., by the altered developer entity and its constituents;
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iii. Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc,
and its constituents;
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iii. Applicability of and compliance with all Revenue / Company Affairs /SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc,
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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.
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v. The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961.
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vi. The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable.
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vii. The developer shall furnish details of PAN and jurisdictional assessing officer of the developer to CBDT,
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97.2(iii) Request of M/s MN Industrial Parks Private Limited, Co-developer of M/s Brandix India Apparel City Pvt. Ltd. for change of name from M/s MN Industrial Parks Pvt. Ltd. to INDIP Industrial Parks (Vizag) Private Limited.
The Board, after deliberations, approved the proposal for change of name from M/s MN Industrial Parks Pvt. Ltd. to INDIP Industrial Parks (Vizag) Private Limited with the following conditions:-
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- i. Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered co-developer entity;
rks (Vizag) Private Limited with the following conditions:-
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i. Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered co-developer entity;
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ii. Fulfilment 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 ete. rules which regulate issues like capital gains, equity change, transfer, taxability etc.
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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.
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v. The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc. as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961. ;
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vi. The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable.
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vii. The co-developer shall furnish details of PAN and jurisdictional assessing officer of the co-developer to CBDT.
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97.3 Miscellaneous cases
97.3(i) Request of M/s. BA Continuum India Private Limited, a unit in GIFT-Multiservices-SEZ, Gandhinagar, for permission to procure Sand from DTA units as prescribed under Rule-27 (1) of the SEZ Rules, 2006.
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that The Board, after deliberations, decided to approve the proposal subject to the condition the allowed items are actually used by the unit and environmental obligations are met.
97,3(ii) Request of M/s. ATS Savvy Developers LLP, Co-Developer in GIFT SEZ for permission to procure Sand from DTA units as prescribed under Rule-27 (1) of the SEZ Rules, 2006.
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The Board, after deliberations, decided to approve the proposal subject to the condition that the allowed items are actually used by the unit and environmental obligations are met.
97.3 (iii) Request of M/s. PI Industries Ltd., SPM-29/2, Sterling SEZ, AT & PO, Sarod, TA-Jambusar, Dist-Bharuch, Gujarat for procurement of raw material ie “Chlorodifluoromethane” which is a restricted item from DTA units. that The Board, after deliberations, decided to approve the proposal subject to the condition the allowed raw material, i.e, Chlorodifluoromethane, is actually used by the unit only for manufacturing purpose and not for refrigeration. 97.3{iv) Request of M/s. TPI Composites Inc. and Prospect One Manufacturing LLP for approval to use the SEZ road at SIPCOT Hi-Tech SEZ, Oragadam with the proposed improvements for a period of three years.
iv) Request of M/s. TPI Composites Inc. and Prospect One Manufacturing LLP for approval to use the SEZ road at SIPCOT Hi-Tech SEZ, Oragadam with the proposed improvements for a period of three years. subject Theto necessary Board, aftersafeguards deliberations,and monitoring.decided to approve the proposal for a period of two years
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97.4 Request for formal approval
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97.4(i) Request of M/s. TATA Consultancy Services Limited for formal approval and notification of its Sector Specific SEZ for IT/ITES at Plot Nos: H-11/1B, H-11/1C & H-11/2 in SIPCOT IT Park, Siruseri, Kancheepuram District, Tamil Nadu over an area of 7.67 Ha (18.94 Acres).
IW/1C The Board noted that the total proposed area of 7.67 Ha including Plot No. H-11/1B, H- & H-11/2 meets the condition of contiguity and the possession has been taken over by the developer from M/s SIPCOT. The Board also noted that all the necessary documents,which were awaited have now been received. Accordingly, the Board, after deliberations, approved the proposal for setting up of a sector specific Special Economic Zone for IT/ITES at Plot Nos: H- 11/1B, H-11/1C & H-11/2 in SIPCOT IT Park, Siruseri, Kancheepuram District, Tamil Nadu over an area of 7.67 Ha.
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97.4(ii) Request of M/s. Larsen & Toubro Infotech Ltd. (LTJ) for obtaining Formal Approval for setting up of a Sector Specific SEZ for IT/ITES at Plot No. EL-200(Part), TTC Industrial Area, Village Mahape, Navi Mumbai over an area of 2.098 hectares.
The Board, after deliberations, approved the proposal for setting up of a sector specific Special Economic Zone for IT/ITES at Plot No. EL-200(Part), TTC Industrial Area, Village Mahape, Navi Mumbai over an area of 2.098 Ha.
Decision on Supplementary Agenda
97.5(i) Request of M/s. The Tata Power Company Limited- SEZ Unit in the KIADB Aerospace Devenhalli, Bangalore, SEZ for extension of Letter of Permission (LOP) beyond 06th March 2020 for 2 Months i.e. till 30th April 2020. The Board, after deliberations, approved extension of the validity of the LoP up to 30" April, 2020.
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97.5(ii) Request of M/s. Steam Equipments Pvt. Ltd., a Unit in MIDC SEZ at Khandala PH-I(SEZ) Industrial Area, Village-Kesurdi, Tal.-Khandala, District Satara for extension of Letter of Permission (LOP) beyond 15.05.2019 to 14.05.2020. The Board, after deliberations, approved extension of the validity of the LoP up to 14" May, 2020. .
KK
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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 20™ March, 2020 under the Chairmanship of Commerce Secretary, Department of Commerce.
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Shri Anup Wadhawan, Chairman, BoA & Commerce Secretary, Department of Commerce
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Shri Bidyut Behari Swain, Additional Secretary, Department of Commerce 3. Dr. L.B. Singhal, Development Commissioner, Noida SEZ
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Shri Amit Yadav, DG, DGFT
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Shri Senthil Nathan S, Deputy Secretary, Department of Commerce.
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Shri Saroj Kumar Behera, Additional Commissioner, DGEP.
Development Commissioner, Noida SEZ
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Shri Amit Yadav, DG, DGFT
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Shri Senthil Nathan S, Deputy Secretary, Department of Commerce.
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Shri Saroj Kumar Behera, Additional Commissioner, DGEP.
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Dr. S.K. Husain, Research Officer, TCPO/ M/o HUA
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Shri M.K, Sardana, Coordinator BIPP Govt. of Haryana
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Shri G. Panmei, Deputy Legislative Council, D/o Legislative Department, Shastri Bhawan.
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Shri Lal Chand Dabara, Assistant Legal Adviser, D/o Legal Affairs, M/o Law & Justice, Shastri Bhawan,
List of participants who connected with Video Conferencing.
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Dr. Amiya Chandra, Development Commissioner, KASEZ/ Adani Port SEZ, Mundra 2. Shri Shanmuga Sundram, Development Commissioner, MEPZ
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Shri D.V. Swamy, Development Commissioner, CSEZ
- 4, Shri A. Rama Mohan Reddy, Development Commissioner, Visakhapatnam SEZ.
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Shri R. Muthuraj, Development Commissioner, Sri City SEZ
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Shri Anil Kumar Choudhary, Development Commissioner, Dahej SEZ
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Shri Virendra Singh, Development Commissioner, Surat SEZ, Gujarat
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Shri D. Anandan, Joint Development Commissioner, Madras SEZ
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Shri C.P.S. Chauhan, Joint Development Commissioner, SEEPZ- SEZ
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