Agenda for Approval Committee meeting for Pune Cluster to be held on 30 May-2023. — 01-2-midc-pune-sez
SEEPZ SPECIAL ECONOMIC ZONE ANDHERI (EAST), MUMBAI.
AGENDA FOR
MEETING OF THE APPROVAL COMMITTEE FOR SECTOR SPECIFIC SPECIAL ECONOMIC ZONE FOR IT/ITES AT PUNE OF MIDC-SEZ
Via Video Conferencing
DATE : 30.05.2023
TIME : 04.00 P.M.
MEETING OF THE APPROVAL COMMITTEE FOR SECTOR SPECIFIC SPECIAL ECONOMIC ZONE FOR IT/ITES AT PUNE, UNDER THE CHAIRMANSHIP OF DEVELOPMENT COMMISSIONER, SEEPZ-SEZ ON 30.05.2023
INDEX
Agenda Item No.
Subject
Agenda Item No. 01 :- Confirmation of the Minutes of the meeting held on 25.04.2023 Agenda Item No. 02 :- Application for Approval of List of Material Submitted by M/s. Nxtra Data Ltd. (Co-Developer) Agenda Item No. 03 :- Application for Approval of Setting up of Cafeteria by M/s Tata Consultancy Services Ltd. Agenda Item No. 04 :- Monitoring of Performance of M/s. KPIT Technologies Pvt Ltd. Agenda Item No. 05 :- Monitoring of Performance of M/s. Tech Mahindra Ltd.
Minutes of the 120th Meeting of the Approval Committee held under the Chairmanship of Zonal Development Commissioner SEEPZ-SEZ, Mumbai for Multi- Sector MIDC-SEZ, PUNE held on 25.04.2023 via video conferencing. 1 Name of the SEZ MIDC– SEZ, PUNE 2 Sector Multi-Sector 3 Meeting No. 120th 4 Date 25.04.2023 Members present Sr Name and Designation (S/Shri.) Department 1 Smt. Mital Hiremath Joint Development Commissioner Pune Cluster SEZ, Pune 2 Smt. Bhumika Saini DCIT, Nashik Nominee of Income Tax, Pune 3 Dr. Dileeraj Dabhole Dy. DGFT Nominee of DGFT, Pune 4 Smt. Sunita Jagtap Superintendent Nominee of Customs, Pune Special Invitee Sr Name and Designation Department 1 Shri B. Ajay Kumar Specified Officer MIDC-SEZ, Pune. Agenda Item No.01: Confirmation of the Minutes of the 119th meeting held on 21.03.2023 After deliberation, the Committee confirmed the minutes of the 119th meeting of Approval Committee held on 21.03.2023 Agenda Item No. 2: Application for approval of list of material submitted by M/s. Nxtra Data Ltd., (Co-Developer) After deliberation, Committee approved the list of material in terms of Rule 12(2) of SEZ Rules, list of material submitted by the Co-Developer, duly certified by Chartered Engineer Makarand Kulkarni (Reg. No. 093577 dt. 17.02.2006), having total value of Rs. 70,67,83,353.07 required for their authorized operations as detailed below : Sr. No. List of Materials required for the below mentioned Authorised Operations. Estimated Value for Goods purchased from DTA (Amt. in Rs. ) Estimated Value
for Goods purchased from Import (Amt. in Rs. ) Estimated
Total Value of Goods (Amt. in Rs.) File No.S-SEZ-MINS0MIDC/1/2022-JDCP
GIS Substation
70,67,83,353.07
0.00
70,67,83,353.07
Total
70,67,83,353.07
70,67,83,353.07
Agenda Item No.03: Application for Approval of Change in Board of Directors and
shareholding pattern submitted by M/s Tata Technologies Ltd.
After deliberation, the Committee Approved the proposal of the M/s. Tata
Technologies Ltd. for Change in Board of Directors, in terms of Instruction No. 109
dated 18.10.2021, issued by MOC&I, as detailed below:
Updated List of Directors:
Sr.
No.
Name of Director
Date Of Appointment
Designation
1.
Mr.Warren Harris
15.05.2014
Director
2.
Mr. P.B.Balaji
30.03.2018
Director
3.
Mr.Ajoyendra Mukerjee
29.03.2021
Director
4.
Ms.Aarthi Sivanandh
11.06.2022
Director
5
Ms.Usha Sangwan
21.10.2022
Director
6
Mr.Nagaraj Ijari
01.03.2023
Director
7
Mr.Shailesh Chandra
01.03.2023
Director
Changes in equity share capital:
Category
Change of equity shareholding w.e.f 31st March 2023
Number of equity shares held
Percentage of holding
Tata Motors Limited.
30,30,06,000
74.69
Other Tata Entities
5,93,65,630
14.63
Directors/Employees/As
sociates/Others
4,32,96,900
10.68
Total
40,56,68,530
100.00
Agenda Item No. 04: Application filed by M/s. Expleo Solutions Ltd., for Change of
Entrepreneur by way of NCLT Order for Amalgamation between M/s Expleo India
Infosystems Pvt. Ltd. With M/s Expleo Solutions Ltd., ‘as is going concern basis’.
After deliberation, Committee approved the proposal of the Unit for approval of Change
of Entrepreneur by way of NCLT Order for amalgamation between M/s Expleo India
Infosystems Pvt. Ltd. with M/s Expleo Solutions Ltd. ‘as is going concern basis’ in
accordance to the provision of Rule 19(2) of SEZ Rules, 2006 and Instruction No. 109
of MOC&I.
Details of the Directors of M/s Expleo Solutions after amalgamation are as under:
Sr.No.
Name
Designation
1.
Shri Ralph Gillessen
Chairman & Director
File No.S-SEZ-MINS0MIDC/1/2022-JDCP
Prof. K. Kumar Deputy Chairman & Director 3. Shri Balaji Vishwanathan Managing Director & CEO 4. Ms Lilian Jessie Paul Director 5. Prof. S. Rajagopalan Director 6. Mr. Rajesh Krishnamurthy Director 7. Mr Prashant Eknath Bramhankar Director 8. Mr.Rajiv Kuchhal Director 9. Mr. Ulrich Joseph Paul Baumer Director Shareholding pattern of the Company M/s Expleo Solutions Ltd., after amalgamation is as under: Shareholder No. of Holders No. of Shares % Face value per share Expleo Technology Germany AG (Promoter & Promoter Group) 1 57,58,804 56.17 10 Public 21,443 44,93,681 43.83 10 Total 21,444 1,02,52,485 100 Meeting ended with a vote of thanks to the Chair. (Shyam Jagannathan, IAS) Chairman-cum- Development Commissioner E-Mail- dcseepz-mah@nic.in File No.S-SEZ-MINS0MIDC/1/2022-JDCP
GOVT.OF INDIA, OFFICE OF THE DEVELOPMENT COMMISSIONER, SEEPZ-SEZ (PUNE CLUSTER)
AGENDA NOTE FOR CONSIDERATION OF THE APPROVAL COMMITTEE
a) Proposal: -
Application of M/s. Nxtra Data Limited, Co- Developer, located at Plot No. 13/10A, 28, MIDC, Rajiv Gandhi Infotech Park, Phase-III, Hinjewadi, Pune 411057 for approval of List of Material for Operation and Maintenance of Data Center in IT/ITES Building for authorized operation.
b) Specific Issue on which decision of Approval Committee is required: -
Approval for List of material required for operation and maintenance of Data Center for authorized operation totally valued at Rs. 5,88,13,950/- as per Rule 12(2) of SEZ Rules, 2006. c) Relevant Provisions: - As per Rule 12 (2) of SEZ Rules, 2006 “The Developer shall make an application, after obtaining approval for the authorized operation under rule 9, to the Development Commissioner, along with the list of goods and services, including machinery, equipments and construction material required for the authorized operations, duly certified by a Chartered Engineer for approval by the Approval Committee”. d) List of Materials for Authorized Operations : Sr. No. List of materials required for the below
mentioned Authorized operations Estimated value for
Goods purchased
from DTA (Amount in Rs.) Estimated value
for Goods purchased from Import (Amount
in Rs.) Estimated
Total Value of Goods (Amount in Rs.) 1 Operation and Maintenance of Data Center 5,88,13,950 0.00 5,88,13,950 TOTAL 5,88,13,950 0.00 5,88,13,950 e) Other Information: - M/s. Nxtra Data Limited, Co- Developer has been granted Letter of Approval No. F.2/129/2005-SEZ dated 14.12.2017. The Co-Developer has submitted List of Materials duly certified by the Chartered Engineer Makarand Kulkarni Regi. No. 093577-0 dtd. 17.02.2006 for the authorized operation for development of their SEZ located at M/s. Nxtra Data Limited, Co- Developer, Plot No. 13/10A, 28, MIDC, Rajiv Gandhi Infotech Park, Phase-III, Hinjewadi, Pune 411 057. File No.S-SEZ-PRO0MIDC/19/2022-JDCP I/2037/2023 172
The Co-Developer has informed that the list of material will be utilized for Operations and Maintenance of Data Center in IT/ITES Building for their Authorized Operation and also submitted undertaking in this regard. The total value of said materials is Rs. 5,88,13,950/-. The Specified Officer after verifying the List of materials has certified that the approval sought for list of material is in order and as certified by the Chartered Engineer vide their certificate dated 10.05.2023, these materials are required by the M/s Nxtra Data Ltd., (Co-Developer) for their Authorized operations and hence the request of Co-Developer may be considered. The Co-Developer has BLUT balance of Rs. 89,78,68,467/- which is sufficient enough to cover the value of proposed list of materials. There is no restricted item in the list of material submitted by the Co- Developer. f) Observation : - Approval Committee may like to consider the proposal of the Co- Developer for approval of list of material as per Rule 12(2) of SEZ Rules, 2006.
******************
File No.S-SEZ-PRO0MIDC/19/2022-JDCP I/2037/2023 173
1 GOVT. OF INDIA, OFFICE OF THE DEVELOPMENT COMMISSIONER, SEEPZ-SEZ (PUNE CLUSTER)
AGENDA NOTE FOR CONSIDERATION OF THE APPROVAL COMMITTEE
a) Proposal: Proposal submitted by M/s. Tata Consultancy Services Limited, IT & ITeS SEZ Unit for setting up of Cafeteria at Plot No. 5, MIDC-SEZ, RGIP, Hinjewadi, Phase III, Pune 411057 for the exclusive use of their Employees Specific issue on which decision of UAC is required: Approval for setting up a Cafeteria for exclusive use of Employees of the SEZ Unit as per Instruction 95 dated 11-06-2019 as detailed below: Details of location and area allocated for Cafeteria: Floor Building Area in Sq. Meter Ground Floor Building B (Main Office Building) 3574.82 Sq. Meter b) Relevant provisions: As per para 3 of Instruction No.95 dated 11.06.2019 “3. The issue was examined in this department and with the approval of competent authority, it is conveyed that the same could be allowed subject to the following condition: The facilities as envisaged under the proviso to Rule 11(5) of the SEZ Rules could also be created by a Unit for its exclusive use subject to obtaining a NOC from the Developer as well as necessary NOCs/clearances/approvals from the relevant statutory authorities. The Units shall not be eligible for any exemptions, drawback, concessions or any other benefit available under Section 7 or Section 26 of the SEZ Act, for creating or operating such facilities”. c) Report Submitted by the Specified Officer: The Specified Officer vide report dated 10.05.2023 hassubmitted that No Canteen / Cafeteria is functioning in the Unit’s premisesand the Unit has vide their letter dated 03.05.2023, informed that there has been no changes in the floor plans since inception of the Unit. d) Other information: (i) The unit has been granted Formal Letter of Approval Number SEEPZ- SEZ/MIDC-SEZ/TCSL/50/2014-15/05554 dated 01.03.2018. File No.S-SEZ-PRO0MIDC/15/2022-JDCP
2 (ii) They have submitted copy of the Approved Building Plan by the Developer – MIDC, Reference No. EE/IT/Plans/B-32070 of 2019 dated 12.04.2019 wherein cafeteria area has been earmarked and Fire NOC for the said approved plan has been issued by the Chief Fire Officer and Fire Advisor
–
MIDC,
Mumbai
vide
Reference
No. MIDC/IFMS/HINJEFIRE/PUNFR/ 2023/A62523 dated 20.02.2023. (iii) The unit has informed that they are neither leasing out the Cafeteria area to the Vendor nor will be charging for the usage of the equipment as the unit is a registered SEZ Unit. (iv) The unit will not avail any duty exemptions on goods and services that will be procured for setting up of the cafeteria. e) ADC Observation and recommendation: Approval Committee may like to consider the request of theUnit for setting up of cafeteria in the premises of the Unit for the exclusive use of their Employees in terms of Instruction No. 95 issued by MOC&I. File No.S-SEZ-PRO0MIDC/15/2022-JDCP
1 GOVT. OF INDIA, OFFICE OF THE ZONAL DEVELOPMENT COMMISSIONER, SEEPZ – SEZ (PUNE CLUSTER),
AGENDA NOTE FOR CONSIDERATION OF THE APPROVAL COMMITTEE
a) Proposal:
Monitoring of the performance of M/s. KPIT Technologies Ltd., located in
MIDC SEZ, Phase – III, Hinjawadi, Pune, for the period of 1st Block i.e. from
FY 2017-18 to 2021-22
b) Specific Issue on which decision of UAC is required:
Monitoring of performance for the period 2017-18 to 2021-22 of 1st Block
under Rule 54 of SEZ Rules, 2006
-The details of the export projections are as detailed below:
I. Approved export Projections for 1st Block Period: (Rs. in Lacs)
2018-19 2019-20 2020-21 2021-22 2022-23 Total FOB Export 11931.38 34261.82 30452.00 44469.00 44793.00 165907.20 FE Outgo 2378.23 2324.74 2347.27 11474.89 11474.87 30000.00 NFE 9553.15 31937.08 28104.73 32994.11 33318.13 135907.20 Approval Committee in its meeting held on 25.01.2022 has approved revision in Projection for FY 2018-19 to FY 2022-23 as per above table. (c) Performance as compared to projections (Rs. In Lacs) Year Export F.E. OUTGO Projected Actual Raw Material (Goods/Services ) C.G. import Other outflow Projecte d Actua l Projecte d Actual Actual 2017- 18 371.57 0.00 2050.40 2.48 2018- 19 11931.38 11840.71 0.00 0.00 20000 2750.06 190.03 2019- 20 34261.82 34261.82 0.00 0.00 9235.08 1667.08 2020- 21 30452.00 30452.17 0.00 0.00 2221.86 1564.20 2021- 22 44469.00 53220.80 0.00 0.00 827.59 972.61 Total 121114.2 130147.07 0.00 0.00 17084.99 4396.4 (d) Cumulative NFE achieved: (Rs. in Lakhs) Year Cumulative NFE Achieved Cumulative % NFE Achieved 2017-18 164.05 44.15% 2018-19 11465.53 93.89 % 2019-20 42803.81 91.10% 2020-21 70251.64 91.32 % 2021-22 120980.75 92.96% File No.S-SEZ-MONT0MIDC/3/2022-JDCP I/2060/2023 14
2
(II) Employment Achievement (Direct):
Approved Projection
Achievement as on 31.3.2022
Men
1500
1580
Women
1000
864
Total
2500
2444
e)
Other Information:
LOA No. & Date
LOA No. SEEPZ-SEZ/MIDC-SEZ/
KCIL/ 24/201 1-12/10156 dated
29/06/2011
Location of Unit
Plot no. 17, Rajiv Gandhi Infotech
Park,
MIDC-SEZ,
Phase-III, Hinjewadi, Tal Man, Pune 411057 Validity of LOA 29.02.2028 Item(s) of manufacture/ Services IT/ITES Date of commencement of production 01.03.2018 Execution of BLUT Outstanding Rent dues NA Labour Dues NA Validity of Lease Agreement Pending CRA Objection, if any NA Pending Show Cause Notice/ Eviction Order/Recovery Notice/ Recovery Order issued, if any NA a) No. of employees as on 31.03.2022 2444 ( Male:1580, Female:864) Area allotted (in sq.ft.) Area available for each employee per sq.ft. basis (area / no. of employees) Investment till date Building NA Plant & Machinery NA Quantity and value of goods exported under Rule 34 (unutilized goods) NA Value Addition during the monitoring period NA Whether all the APRs being considered now has been filed well within the time limit, or otherwise. If no, details of the Year along with no of days delayed to be given. Yes I/2060/2023 15
3
The Specified Officer vide letter dated 02.05.2023 has reported as under:
(a) Export
Details of year-wise export as per the prescribed format:
From the year 2017-2018 to 2021-2022
Amount in Lakhs
Year/
Period
Figures
reported in
APR (FOB
Value)
Figures
as per
Softex /
Customs
Records
Difference,
if any
Reason for Difference /
Remarks
2017-2018
371.57
400.24
(28.67)
Difference is Rs. (28.67)
Lakhs is due to exchange
rate variation.
2018-2019
11,840.71
11,646.47
194.24
During the year debit
Note of Rs. 289.57 Lakhs
has been raised.
Balance difference of Rs.
(95.33) Lakhs is due to
exchange rate variation.
2019-2020
34,261.82
33,338.08
923.74
During the year, debit
Note of Rs. 183.75 Lakhs
was raised.
Balance difference of Rs.
739.99 Lakhs is due to
exchange rate variation.
2020-2021
30,452.17
29,551.54
900.63
During the year, debit
Note of Rs. 656.78 Lakhs
was raised.
Balance difference of Rs.
243.85 Lakhs is due to
exchange rate variation.
2021-2022
53,220.80
52,933.80
287.00
During the year, Credit
Note Rs. 5.20 Lakhs.
Balance difference of Rs.
292.20 Lakhs is due to
exchange rate variation.
(b) Import
(i)
(Capital Goods including procurement done on IUT (from SEZ, EOU,
STPI, EHTP) basis:
From the year 2017-2018 to 2021-2022
Amount in Lakhs
Year/ Period
Figures as
per Revised
APR
Figures as per
SEZ Online /
Customs Records
Difference, if
any
Reason for
Difference /
Remarks
2017-2018
2050.40
2050.40
Nil
NA
I/2060/2023
16
4 2018-2019 2750.06 2750.06 Nil NA 2019-2020 9235.08 9235.08 Nil NA 2020-2021 2221.86 2221.86 Nil NA 2021-2022 827.59 827.59 Nil NA (ii) Raw Material As Unit is in service industry hence, no Raw Material was imported or procured by them till date. (c) BLUT (Rs. In Lakhs) 1 Value of BLUT Executed (Duty foregone) (including for CG / Raw Material / Services) Value of Additional BLUT executed TOTAL Duty value of BLUT Executed in Lakhs: 3209.22 8056.83 11266.05 2 Total Duty Foregone on goods & services procured Category Wise: Year Wise Rs. in Lakhs F.Y. Goods Services Imp. & Ind. 2017-18 773.03 0.00 2018-19 940.84 3.71 2019-20 2728.63 655.08 2020-21 712.71 1105.62 2021-22 460.98 1404.11 Total 5616.19 3168.52 3 Has the Unit procured goods and or services without having sufficient balance in their BLUT. If yes, Month & Year when the BLUT was exhausted Details of the consignments and Total value of Goods procured without having sufficient or nil balance in BLUT No (d) Employment made as on date (as on end of block period / year up to which monitoring is being done) As on 31st March, 2022: Men: 1580 Women: 864 Total: 2444 (e) Details of pending Foreign Remittance beyond Permissible period, if any (as on 31.03.2022) To cross-check the same and verify whether necessary permission from AD Bank / RBI has been obtained. NIL As per the unit declaration there are no
pending
foreign
currency remittances. I/2060/2023 17
5 (f) Whether all softex has been filed for the said period. If no, details thereof. SO to also check whether unit has obtained Softex condonation from DC office / RBI and if approved, whether they have filed such pending Softex. Yes (g) Whether all Softex has been certified, if so till which month has the same been certified. If not, provide details of the Softex and reasons for pendency. All the Softex Forms till March, 2022 has been certified except for following months as GOC was not mapped by the unit. Now the same is pending with entity. Month Request ID April, 2018 141800124362 May, 2018 141800150586 June, 2018 141800177816 July, 2018 141800204560 Oc., 2018 141900021896 Nov., 2018 141800306734 Dec., 2018 141900021896
(h) Whether unit has filed any request for Cancellation of Softex No (i) Whether any Services provided in DTA / SEZ/EOU/STPI etc. against payment in INR in r/o IT/ITES Unit during the period. If yes, details thereof (year wise details to be provided) During the year 2018-2019 and 2019- 2020, Unit has provided their services in DTA against payment in INR. Below are the details of the same: Financial Year Services provided in DTA (Rs. In Lakhs) 2018-2019 317.38 2019-2020 289.69 Total 607.07 As the unit has received payment in INR instead of foreign exchange. It is not treated as service as per section 2(z)(iii) of SEZ Act 2005. In this regard SCN may be issued. (j) Has the unit cleared any Capital Goods procured duty free in DTA against payment of Duty, or otherwise? Full details to be provided along with value of assets and duty discharged
Following are the details of removal of capital goods: (Rs. In Lakhs) FY A.V. Duty Paid 2017-18 2.67 0.56 2019-20 2.31 0.65 2020-21 1.25 0.27 Total 6.23 1.48
(k) Is the unit sharing any of their infrastructures with other units or are utilizing infrastructure of another unit in the same or other SEZ? No I/2060/2023 18
6 If so, details thereof, including the details of the unit with whom the sharing is being made, and the payment terms If approval for sharing of common infrastructure has been obtained from UAC / DC office, the date of UAC / Approval letter to be indicated (l) Whether all DSPF for services procured during the said monitoring period under consideration has been filed by the unit and whether the same has been processed for approval by the SO Office. The DSPF filed by the unit has been processed by SO Office. The unit is in process of filing remaining DSPF. (m) Whether unit has filed all DTA procurement w.r.t. the goods procured by them during the monitoring period for the relevant period. If no, details thereof Yes (n) Details of the request IDs pending for OOC in respect of DTA procurement on the date of submission of monitoring report Nil (o) Has the unit set up any cafeteria / canteen / food court in unit premises? If yes, whether permission from UAC / DC office has been issued, or otherwise office has been issued, or otherwise Whether unit has availed any duty paid goods / services for setting up such facility? If yes, whether unit has discharged such duty / tax benefit availed? details to be given including amount of duty / tax recovered or yet to be recovered Yes Permission from UAC/DC office not obtained. Unit has applied for NOC from MIDC (Developer) Yes It is noticed that unit has procured the benefit goods for cafeteria amounting to Rs.31,30,610/- on which duty has been recovered to the tune of Rs. 15,27,472/-. The Unit has paid the interest on aforesaid duty to the tune of Rs. 13,49,890/- vide TR-6 Challan dated 28.04.2023. (p) Whether any violation of any of the provisions of law has been noticed / observed by the Specified Officer during the period under monitoring NA f) Relevant provisions: Rule 54 of SEZ Rules, 2006 “Performance of the Unit shall be monitored by I/2060/2023 19
7
the Approval Committee as per the guidelines given in Annexure
appended
to these rules”
ADC’s observations:
The Unit has achieved export of Rs. 1,30,147.07 Lakhs against the projected
export of Rs.1,21,114.20 i.e. 107.45 % in FY 2017-18 to FY 2021-22.
The unit has achieved NFE of Rs.1,20,980.75 Lakhs on cumulative basis i.e.
92.96% at the end of FY 2021-22
As per SO report the unit has achieved Employment of 2444 employees (Men
1580 Women 864)
It is observed that the unit has provided services in DTA against the
payments received in INR as detailed below:
(Rs. In Lakhs)
FY
Sales Value
2018-2019
317.38
2019-2020
289.69
Total
607.07
As per Section 2(z) of SEZ Act, 2005, the definition of Services is given as
below :
“Services means such tradable services which, -
(i)
Are covered under the General Agreement on Trade in Services
annexed as IB to the Agreement establishing the World Trade
Organisation concluded at Martrakesh on the 15th day of April
1994 ;
(ii)
May be prescribed by the Central Government for the purpose of
this Act ; and
(iii)
Earn foreign exchange ;
As the unit has been granted LOA for providing IT/ITES Services from their
SEZ Unit, and since the services provided by them to DTA against INR does
not classify as a ‘Service’ as per definition as given in Section 2(z) of SEZ Act,
2005, the unit has violated the provisions of the SEZ Acts / Rules.
As per Rule 54(2) of SEZ Rules, 2006
“(2)
In Case the Approval Committee comes to the conclusion that a
Unit has not achieved positive Net Foreign Exchange Earning, or
stipulated Value Addition as specified in rule 53 or failed to abide by
any of the term and conditions of the Letter of Approval or Bond-cum-
Legal Undertaking, without prejudice to the action that may be taken
under any other law for the time being in force, the said Unit shall be
liable for penal action under the provisions of the Foreign Trade
Development and Regulation) Act, 1992.”
Approval Committee may like to monitor the performance of the Unit for
from FY 2017-18 to 2021-22 of 1st block period and initiate necessary action
against the unit with regard to violation of provision of SEZ Act / Rules, in
I/2060/2023
20
8 terms of Rule 54 of SEZ Rules, 2006 for DTA sale in INR amounting to Rs. 607.07 Lakhs. I/2060/2023 21
1 GOVT. OF INDIA, OFFICE OF THE ZONAL DEVELOPMENT COMMISSIONER, SEEPZ – SEZ (PUNE CLUSTER),
AGENDA NOTE FOR CONSIDERATION OF THE APPROVAL COMMITTEE
a) Proposal: Monitoring of the performance of M/s. Tech Mahindra Ltd., located in MIDC SEZ, Phase – III, Hinjawadi, Pune, for the period of 5 years as follows: i) 2nd Block – FY 2017-18 ii) 3rd Block – FY 2018-19 to FY 2021-22 (4 years) b) Specific Issue on which decision of UAC is required: Monitoring of performance for the period 2017-18 (2nd block) and from 2018- 19 to 2021-22 (3rd block) under Rule 54 of SEZ Rules, 2006 The details of the export projections are as detailed below:
I.
Approved export Projections for 2nd Block Period: (Rs. in Lacs)
2013-14
(Actuals)
2014-15
(Actuals)
2015-16
(Actuals)
2016-17
(Actuals)
2017-18
(Projection)
FOB Value
of Exports
335933
478312
541040
555522
358000
FE Outgo
3338
0
914
1677
118140
NFE
achieved
238090
714889
1254325
1808075
239860
(c) Performance as compared to projections (Rs. In Lacs)
(i)
Performance as compared to projection : for fifth Year of the 2nd Block
2017-18
Year
Export
F.E. OUTGO
Projecte
d
Actual
Raw Material
(Goods/Services)
C.G. import
Other
outflow
Projecte
d
Actual
Projecte
d
Actual
Actual
2017-
18
358000
580128.02
0
0
15925.92
1333.3
7
0
Total
358000
580128.02
0
0
15925.92
1333.3
7
0
(iii) Cumulative NFE achieved: for the fifth year of the IInd Block Period i.e
2017-18 (Rs. In Lakhs)
Employment Generation as on 31.03.2018 -
Year
Cumulative NFE Achieved
Cumulative % NFE Achieved
2017-18
2387024.53
95.83%
File No.S-SEZ-PRO0MIDC/1/2023-JDCP
I/2066/2023
66
2 Total – 10087 ( Men -7565, Women -2522) (iv) Approved Projections The details of the export projections for 3rd Block period i.e. FY 2018-19 to 2022-23, are as detailed below: (Rs. In Lakhs) 2018-19 2019-20 2020-21 2021-22 2022-23 Total FOB Value of Exports 206336 226939 249666 274633 302096 1259670 FE Outgo 68091 74890 82390 90629 99692 415692 NFE 138245 152049 167276 184004 202404 843978 v) Performance as compared to projections: FY 2018-19 to 2021-22
(Rs. In Lacs) Year Export F.E. OUTGO Projecte d Actual Raw Material (Goods/Servi ces) C.G. import Other outflow Projec ted Actu al Project ed Actual Actual 2018- 19 206336 675262.31 0 10000 1674.65 0 2019- 20 226939 748278.48 0 1831.01 0 2020- 21 249666 696073.88 0 1187.52 0 2021- 22 274633 626876.80 0 1154.87 0 Total 957574 2746491.47 0 0 10000 5848.05 0 (vi) Cumulative NFE achieved: FY 2018-19 to 2021-22 (Rs. in Lacs) (vii) Employment Achievement (Direct): FY 2018-19 to 2021-22
The Unit has achieved employment of 8897 employees (Men-7118, Women-1779 as on 31.03.2022 e) Other Information: LOA No. & Date LOA No SEZ/PUNE/11/2007- 08/9545 dated 28-12-2007 Year Cumulative NFE Achieved Cumulative % NFE Achieved 2018-19 673526.03 99.74% 2019-20 1420336.59 99.77% 2020-21 2114951.72 99.78% 2021-22 2740413.00 99.78% I/2066/2023 67
3
Location of Unit
Plot No 1, Rajiv Gandhi Infotech Park,
MIDC-SEZ, Phase-III, Hinjewadi,
Pune 411057
Validity of LOA
31.05.2023
Item(s) of manufacture/ Services
IT/ITES
Date of commencement of production
31.05.2008
Execution of BLUT
56 Crores 12.08.2015,
49.93 Crores 20.02.2019
Outstanding Rent dues
NA
Labour Dues
NA
Validity of Lease Agreement
Pending CRA Objection, if any
NA
Pending Show Cause Notice/ Eviction
Order/Recovery Notice/ Recovery Order
issued, if any
NA
a) No. of employees as on
31.03.2022
8897 (Men-7118, Women-1779
Area allotted (in sq.ft.)
10,59,169
Area available for each employee per
sq.ft. basis (area / no. of employees)
119 Sq. ft
Investment till date
Building
30529.49 Lakhs
Plant & Machinery
40994.55 Lakhs
Quantity and value of goods exported
under Rule 34
(unutilized goods)
NA
Value Addition during the monitoring
period
NA
Whether all the APRs being considered
now has been filed well within the time
limit, or otherwise.
If no, details of the Year along with no of
days delayed to be given.
Yes
Vide PUC, the Specified Officer has submitted a report vide letter dated 24.05.2023,
in the prescribed format along with point-wise reply to the discrepancies as
follows:-
(a) Export
Details of year-wise export as per the prescribed format:
From the year 2017-2018 to 2021-2022
(Rs. In Lakhs)
Year/Period
Figures
as per
APR
Figures as
per Softex/
SB /
Customs
Records
Difference
if any
Reason for
Difference/Remark
(1)
(2)
(3)
(4)
(5)
I/2066/2023
68
4
FY 2017-18
580128.0
2
197291.39
382836.63
Onsite fig. is 389299.98.
The exchange rate diff is
18254.02. Credit note
related working Rs.
24717.37.
(389299.98+18254.02-
24717.37=382836.63)
2018-19
675262.3
1
229328.31
445934.00
Onsite fig. is 462323.76.
The exchange rate diff is
(-441.80). Credit note
related working Rs.
15948.25.
(462323.76-441.80-
15948.25=445933.71)
2019-20
748278.4
8
251442.71
496835.77
Onsite fig. is 520866.91.
The exchange rate diff is
15011.63. Credit note
related working Rs.
39042.77.
(520866.91+15011.63-
39042.77=496835.77)
2020-21
696073.8
8
276723.20
419350.68
Onsite fig. is 484938.54.
The exchange rate diff is
8471.05. Credit note
related working Rs.
74058.80.
(484938.54+8471.05-
74058.80=419350.79)
2021-22
626876.8
0
282072.38
344804.42
Onsite fig. is 327381.56.
The exchange rate diff is
(-19018.62). Debit note
related working Rs.
36441.47.
(327381.56-
19018.62+36441.47=34
4804.41)
(b) Import
(i) (Capital Goods including procurement done on IUT (from SEZ, EOU, STPI, EHTP)
basis. (Rs. In Lakhs)
Year/
Period
Figures as
per APR
Figures as per
Customs
Records / Bond
Register
Differenc
e if any
Reason for
Difference/Remark
2017-18
1333.7
1297.04
36.33
As per unit submission
the difference of Rs.
36.33 lacs is due to duty
paid shipments
considered by the unit in
APR.
Unit may be asked to file
I/2066/2023
69
5 revised APR. 2018-19 1792.66 1792.45 0.21 As per unit submission the difference of Rs. 0.21 lac is due to CIF value considered in APR by the unit and not the assessable value. Unit may be asked to file revised APR. 2019-20 1843.12 1950.39 (107.27) As per unit submission the difference of Rs. 107.27 lacs is due to not considering of some of the BOE while filing APR. Unit may be asked to file revised APR. 2020-21 1096.59 1187.52 (90.93) As per unit submission the difference of Rs. 90.23 lacs is due to not considering of some of the BOE while filing APR. Unit may be asked to file revised APR. 2021-22 1155.95 1154.87 1.08 As per unit submission the difference of Rs. 1.08 lacs is due to duty paid shipments considered in APR. Unit may be asked to file revised APR.
(b) Import
Raw material
(Rs. In Lakhs)
Year/Period
Figures as
per APR
(RM
Imported)
Figures as per
Customs
Records / Bond
Register
Difference
if any
Reason for
Difference/Remark
0
0
0
(c) BLUT (Rs. In Lakhs) 1 Value of BLUT Executed (Duty foregone) (including for CG / Raw Material / Services) Value of Additional BLUT executed TOTAL Duty value of BLUT Executed in Lakhs: 5600 4993 10593 I/2066/2023 70
6
2
Total Duty Foregone on goods &
services procured
Category Wise:
Year Wise
F.Y.
Goods
Services
Total
Imp. &
Ind.
2017-18
264.22
39.36
303.58
2018-19
592.49
335.64
928.13
2019-20
745.87
1205.5
7
1951.44
2020-21
735.15
142.05
877.2
2021-22
1705.5
135.69
1841.19
3
Has the Unit procured goods
and or services without having
sufficient balance in their
BLUT.
If yes,
Month & Year when the BLUT
was exhausted
Details of the consignments and
Total value of Goods procured
without having sufficient or nil
balance in BLUT
No
(d)
Employment made as on date- (as
on end of block period / year up to
which monitoring is being done)
Men- 7118
Women- 1779
Total - 8897
(e)
Details of pending Foreign
Remittance beyond Permissible
period, if any
(as on……….)
To cross-check the same and verify
whether necessary permission from
AD Bank / RBI has been obtained.
NO.
(f)
Whether all softex has been filed for
the said period. If no, details
thereof.
SO to also check whether unit has
obtained Softex condonation from
DC office / RBI and if approved,
whether they have filed such
pending Softex.
Yes.
(g)
Whether all Softex has been
certified, if so till which month has
the same been certified. If not,
provide details of the Softex and
reasons for pendency.
Yes.
(h)
Whether unit has filed any request
for Cancellation of Softex
Yes
(i)
Whether any Services provided in
DTA / SEZ/EOU/STPI etc. against
payment in INR in r/o IT/ITES Unit
during the period.
NO.
I/2066/2023 71
7 If yes, details thereof (year wise details to be provided) (j) Has the unit cleared any Capital Goods procured duty free in DTA against payment of Duty, or otherwise. Full details to be provided along with value of assets and duty discharged
Yes. Year Ass. Value Duty Paid 2017-18 55.32 11.18 2018-19 131.29 37.59 2019-20 102.77 22.77 2020-21 22.98 11.07 2021-22 42.04 7.68 (k) Is the unit sharing any of their infrastructures with other units or are utilizing infrastructure of another unit in the same or other SEZ. If so, details thereof, including the details of the unit with whom the sharing is being made, and the payment terms If approval for sharing of common infrastructure has been obtained from UAC / DC office, the date of UAC / Approval letter to be indicated NO. (l) Whether all DSPF for services procured during the said monitoring period under consideration has been filed by the unit and whether the same has been processed for approval by the SO Office. NO As per unit’s submission some of the invoices for the FY 2021-22 are yet to be filed. (m) Whether unit has filed all DTA procurement w.r.t. the goods procured by them during the monitoring period for the relevant period. If no, details thereof Yes. (n) Details of the request IDs pending for OOC in respect of DTA procurement on the date of submission of monitoring report NIL. (o) Has the unit set up any cafeteria / canteen / food court in unit premises. If yes, whether permission from UAC / DC office has been issued, or otherwise office has been issued, or otherwise Whether unit has availed any duty paid goods / services for setting up such facility? If yes, whether unit has discharged such duty / tax benefit availed? Yes. NO. Unit has not taken permission for running of cafeteria. At present there are four vendors in cafeteria; as such approval has not been taken from approval committee. Unit has submitted copy of permission
under
F.No. SEZ/PUNE/7B/2007-08/313 DT: - 31/03/2009 wherein approval was I/2066/2023 72
8 details to be given including amount of duty / tax recovered or yet to be recovered granted for construction of campus for authorized operation which also include cafeteria. Unit
has
not
submitted
procurement/ services invoices for
setting up of cafeteria. Therefore, it
could not be ascertained as to
whether the unit has availed any
duty benefit for setting up of
cafeteria.
(p)
Whether any violation of any of the
provision of law has been
noticed/observed by Specified
Officer during the period under
monitoring.
No
f)
Relevant provisions:
Rule 54 of SEZ Rules, 2006 “Performance of the Unit shall be monitored
by
the Approval Committee as per the guidelines given in Annexure
appended
to these rules”
ADC’s observations:
The Unit has achieved export revenue of Rs. 580128.02 Lakhs as against
projected export of Rs. 358000 Lakhs which is 162.04% in 5th year of 2nd
Block i.e. 2017-18 and achieved cumulative NFE of Rs. 2387024.53 Lakhs
which is 95.83% in 2017-18 (i.e. end of 2 Block).
The Unit has achieved export revenue of Rs. 2746491.47 Lakhs against
projected export of Rs. 957574 Lakhs which is 286.81% and achieved
cumulative NFE of Rs. 2740413.00 Lakhs which is 99.78 % at the end of
4th year of 3rd Block period (FY 2018-19 to 2021-22)
As per SO report the unit has achieved Employment of 8897 employees
(Men-7118, Women-1779 as on 31.03.2022.
As per customs online record and the figures reported by the unit some
discrepancies have been noticed in respect of import figures, Amortization
etc. considered for certain years under 3rd block period (2018-19 to 2021-22)
filed by the Unit. If agreed, the unit may be directed to revise their APRs
accordingly.
The Unit has not taken permission from UAC /DC Office for setting up/
running of cafeteria. We may ask the Unit to put up proposal for taking
necessary approval from the UAC.
Approval Committee may like to monitor the performance of the Unit for FY
2017-18 (last year of 2nd Block period) and from FY 2018-19 to FY 2021-22
(4 years of 3rd Block period)
I/2066/2023
73
9 I/2066/2023 74
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