Minutes of Approval Committee meeting held on 20.12.2023 — 02-gigaplex-minutes

Minutes of 72nd Meeting of the Approval Committee for Sector Specific Special Economic Zone of M/s. Gigaplex Estate Private Limited – SEZ, at Airoli, under the Chairmanship of Development Commissioner, SEEPZ-SEZ held on 20.12.2023, at Second Floor SEEPZ Service Centre, SEEPZ SEZ, Mumbai.

1. Name of the SEZ
:
M/s. Gigaplex Estate Pvt. Ltd.
2. Sector
:
IT/ITES
3. Meeting no
:
72nd
4. Date
:
20.12.2023
Members Present:
Sr.
No.
Name of Members
Designation
Organization
1
Shri. C. P. S.
Chauhan
Jt.
Development
Commissioner,
SEEPZ-SEZ.
2
Shri. Leider
Panicker
Joint
Commissioner
Income Tax
Nominee of Commissioner of Income
Tax office, Mumbai.
3
Shri.
Himanshu
Dhar Pandey
Deputy Director DGFT Nominee of the Additional DGFT,
Mumbai.
4
Smt. Kirti
Deshmukh
Deputy
Director
Industries
Nominee of DC Industries,
Government of Maharashtra.
5
Smt. Sunita Jagtap Superintendent
of
Customs
Nominee of Commissioner of
Customs, General, Air Cargo, Sahar.
Special Invitee:-
1. Dr. Prasad Varwantkar
: Dy. Development Commissioner, SEEPZ SEZ
2. Shri. R.K. Jain
: Specified Officer, Gigaplex-SEZ.
Shri. Hanish Rathi, ADC (New-SEZ), Shri. Palash Shankar, ADC (New-SEZ),
Manish Kumar, ADC (New-SEZ), Smt. Rekha Nair, Assistant, Shri. Ravindra Kumar,
Assistant
and
also
attended
for
assistance
and
smooth
functioning
of
the
meeting.
Agenda Item No. 01: Confirmation of Minutes of the 71st meeting held on 01.11.2023.
The Minutes of the 71st Meeting held on 01.11.2023 were confirmed with
consensus.
File No.SEZ1-14011/2/2022-NS

Agenda Item No. 02 : Approval w.r.t. creation and sharing of common infrastructure
facilities with their other SEZ units i.e. STPL, SEZ and DTA units of M/s. UBS Business
Solutions (India) Pvt. Ltd.
The
Unit
requested
for
approval
for
creation
and
sharing
of
common
infrastructure facilities with their other units i.e. STPI, SEZ and DTA units. The
Specified Officer, Mindspace-SEZ vide letter dated 26.10.2023 had submitted the
comments on the [proposal. During the discussion, the Unit representative has
informed that their proposal is for Software Development not for the IT/ITES. It is
brought to the notice of the Committee, in the past similar proposal was rejected in the
UAC. The Committee observed that the Rules 27(5) of SEZ Rules, 2006 provides that “ A
unit may import or procure from Domestic Tariff Area, all types of goods and services,
without payment of duty, taxes or cess for creating a central facility for use by Units in
Special Economic Zone and where such facility is created for software development, the
same may also be accessed by software exporters of Domestic Tariff Area” therefore this
facility is for the Units SEZ and not for SEZs.
Decision:- After deliberation, the Committee has directed that the unit should make a
representation to Development Commissioner with clear facts for IT/ITES units and the
same shall be forwarded to Ministry for seeking guidelines/clearance on the issue of
common infrastructure for units other than SEZ.
Agenda Item No. 03 : Approval w.r.t. Surrender of the area at the entire fifth floor office
premises on level six admeasuring 48,456 and entire sixth floor office premises on level
seven admeasuring 42,356 sq.ft. totally aggregating to 90,812 sq.ft. of Building No. 06
to the developer M/s. Gigaplex Estate Pvt. Ltd. - SEZ without revision of projection and
transfer of Fitout Assets/Capital Goods to SEZ Developer at Gigaplex –SEZ of M/s.
Accenture Solutions Private Limited.
The unit M/s. Accenture Solutions Private Limited located at M/s. Gigaplex-
SEZ has requested for surrender of the area at the entire fifth floor office premises on
level six admeasuring 48,456 and entire sixth floor office premises on level seven
admeasuring 42,356 sq.ft. totally aggregating to 90,812 sq.ft. of Building No. 06 to the
developer M/s. Gigaplex Estate Pvt. Ltd. - SEZ without revision of projection and
transfer of Fitout Assets/Capital Goods to SEZ Developer at Gigaplex –SEZ.
During the meeting committee discussed the Rule position, with regards to the
following :-
•
Whether a unit can avail the depreciation on capital goods under the provision of
Rule 49 of SEZ Rules 2006 only when goods are not removed into DTA and the
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goods are goods are surrendered to Developer after payment of applicable
duty/Tax.
Decision :- After deliberations, the Committee asked the unit representative to submit a
request to allow them to transfer the capital goods on depreciated value based on which
reference to be made to MOC&I for clarification /directions in the matter.
Meeting ended with the vote of thanks to the Chair.
(Rajesh Kumar Mishra, IRS)
Chairperson-cum-
Development Commissioner
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File No.SEZ1-14011/2/2022-NS