Agenda for meeting of Approval Committee meeting for Pune-Cluster to be held on 27 June 2023. — 01-11magarpatta-city-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 M/S. MAGARPATTA TOWNSHIP DEVELOPMENT AND CONSTRCTION COMPANY LTD.- SEZ, HADAPSAR, PUNE.

Via Video Conferencing

DATE : 27.06.2023

TIME : 03.30 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 27.06.2023

INDEX

Agenda Item No.

Subject Agenda Item No. 01: - Confirmation of the Minutes of the meeting held on 30.05.2023 Agenda Item No. 02: - Monitoring of Performance for M/s. Tata Elxsi Ltd. Agenda Item No. 03 :- Application for Approval of Change in Board of Directors submitted by M/s. BNY Mellon International Operations (India) Pvt Ltd.

---

Minutes of the 101 Meeting of the Approval Committee held under the Chairmanship of Zonal Development Commissioner SEEPZ-SEZ, Mumbai for Sector Specific Special Economic Zone for IT/ITES of Magarpatta Township Development and Construction Co. Ltd.-SEZ, Village Hadapsar, Tal. Haveli, Dist. Pune 411013, held on 30.05.2023via video conference 1 Name of the SEZ Magarpatta Township Development And Construction Co. Ltd.-SEZ 2 Sector IT/ITES 3 Meeting No. 101 4 Date 30.05.2023 Members present Sr Name and Designation (S/Shri.) Department 1 Smt. Mital S. Hiremath Joint Development Commissioner Pune Cluster-SEZ, Pune 2 Smt.Pradnya R. Gholap, DCIT(TDS), Pune Nominee of Income Tax, Pune 3 Dr. DileerajDabhole 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- MagarpattaTownship Development and Construction Co. Ltd –SEZ Agenda Item No. 01: Confirmation of the Minutes of the 100th meeting held on 25.04.2023 After deliberation, the Committee confirmed the minutes of the 100th meeting of Approval Committee held on 25.04.2023 Agenda Item No.02 Application for Approval of for regularization of Cafeteria in the SEZ Unit-premises. After deliberation, Committee approved the proposal of the Unit for regularizing cafeteria, as per Instruction No 95 dated 11-06-2019, as detailed below: Details of location and area allocated for Cafeteria: The approval is subject to the following conditions: Service providers Location Area M/s Pune Meals 4th Floor, Building B7, Magarpatta City-SEZ 3036.75 sq.ft File No.S-SEZ-PRO0MTDC/10/2022-JDCP I/2127/2023 201

1. The Unit will not be eligible for any exemptions for any tax and duties benefit, drawback, concessions or any other benefit available under Section 7 or Section 26 of the SEZ Act for creating or operating such facilities.
2. The Unit shall adhere all the statutory compliances such as Fire NOC, FSSAI approval and other clearances as required for setting up / running of such facility.
3. The facility will be for exclusive use of the employees of the SEZ-Unit in the Unit’s premises.
4. No live cooking to be carried out in the Cafeteria. Agenda Item No.03: Monitoring of Performance of M/s. Springer Nature Technology & Publishing Solutions Pvt. Ltd. (LOA – 25). After deliberation, the committee noted the performance of the unit for 1 year i.e. F.Y. 2022-23 of 2nd Block Year of 5 Year (2018-19 to 2022-23). The unit has achieved cumulative NFE of Rs. 11403.66 i.e. 99.93% and achieved employment of 113 employees in 2nd Bloc period of 5 years. 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-PRO0MTDC/10/2022-JDCP I/2127/2023 202

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. Tata Elxsi Ltd. an IT/ITES unit located in Magarpatta City-SEZ, Pune, for the period from 2017-18 i.e., last year of the 1st block period and period from FY 2018-19 to FY 2021-22 of 2nd Block period. b) Specific Issue on which decision of Approval Committee is required: Monitoring of the performance of the unit for i. the period from 2017-18 i.e., last year of the 1st block period and; ii. for the period from FY 2018-19 to FY 2021-22 of 2nd Block period. in terms of Rule 54 of SEZ Rules, 2006. c) Relevant provisions: - As per 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”. I. Approved export Projections for 1st Block Period: (Rs. in Lacs)

2013-14 2014-15 2015-16 2016-17 2017-18 Total FOB Export 296.00 1336.00 2457.00 3113.00 3273.00 10475.00 FE Outgo 236.00 442.00 582.00 523.00 553.00 2336.00 NFE 60.00 894.00 1875.00 2590.00 2720.00 8139.00 (A) Performance as compared to projections: for 2017-18 (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 3273.00 2707.71 0.00 0.00 435.00 26.80 87.60 Total 3273.00 2707.71 0.00 0.00 435.00 26.80 87.60 (B) Cumulative NFE Achieved (Rs. In Lakhs) Year Cumulative NFE achieved Cumulative NFE in % 2017-18 10448.03 97.25%

2 II. Approved export Projections for 2nd Block Period: (Rs. in Lacs)

2018-19 2019-20 2020-21 2021-22 2022-23 Total FOB Export 3000.00 3300.00 3700.00 4000.00 4400.00 18400.00 FE Outgo 450.00 495.00 555.00 600.00 660.00 2760.00 NFE 2550.00 2805.00 3145.00 3400.00 3740.00 15640.00 (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 2018- 19 3000.00 4474.31 0.00 0.00 500.00 19.25 176.68 2019- 20 3300.00 6863.89 0.00 70.43 214.13 2020- 21 3700.00 8325.27 0.00 160.12 269.07 2021- 22 4000.00 7,501.13 0.00 174.57 349.33 Total 14000.0 0 27164.60 0.00 0.00 500.00 424.37 1009.21 (D) Cumulative NFE Achieved (Rs. In Lakhs) Year Cumulative NFE achieved Cumulative NFE in % 2018-19 4258.36 95.17% 2019-20 10861.81 95.80% 2020-21 18855.68 95.89% 2021-22 25927.70 95.45% (E) Other Information: LOA No. & Date SEEPZ-SEZ/MTDCCL- SEZ/TEL/24/2012-13/1158

dated 27.08.2012 Location of Unit Wing A, Level-2, Tower 9, Magarpatta Township Development Construction Company Ltd-SEZ, Hadapsar, Haveli, Pune-411013 Validity of LOA 26.05.2023 Item(s) of manufacture/ Services IT/ITES Date of commencement of production 27.05.2013 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 NA

3 Order/Recovery Notice/ Recovery Order issued, if any a) No. of employees as on FY 2021- 22 205 employees (Men-160, women-45) Area allotted (in sq.ft.) 21,959 Sq.ft. (2040 Sq.Mtr) Area available for each employee per sq.ft. basis (area / no. of employees) 91.11sq.ft. 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 The Specified Officer vide letter dated 21.06.2023 has reported as under: A. EXPORT DETAILS (Rs. in Lacs) Year/Period Figures reported in APR (FOB Value) Figures as per Softex/Customs Records Difference if any Reason for Difference/Remark 17-18 2707.71 2707.53 0.18 Difference due to fluctuation in Exchange rate 18-19 4474.31 4442.40 31.91 Difference due to fluctuation in Exchange rate 19-20 6863.89 6754.82 25.06 Reimbursement Expenses in connection with project, shown in APR but not reflecting in NSDL 84.01 Difference due to fluctuation in Exchange rate 20-21 8325.27 8198.35 13.90 Reimbursement Expenses in connection with project, shown in APR but not reflecting in NSDL 114.07 Difference due to fluctuation in

4 Exchange rate 21-22 7501.13 7437.49 12.60 Reimbursement Expenses in connection with project, shown in APR but not reflecting in NSDL 51.04 Difference due to fluctuation in Exchange rate B. IMPORT DETAILS (Capital Goods including procurement done on IUT (from SEZ, EOU, STPI, EHTP) basis. (Rs. In Lacs) Year/Period Figures reported in revised APR Figures as per NSDL/Custo ms Records Difference if any Reason for Difference/Remar k 17-18 26.80 26.80 0.00

18-19 19.25 19.25 0.00

19-20 70.43 70.43 0.00

20-21 160.12 180.15 -20.03 Amount of invoice no. 5400843949 under BE no. 10001001 dated 19-03-2021 remained to be included in APR.
21-22 174.57 174.57 0.00

C. BLUT DETAILS 1 Value of BLUT Executed (Duty foregone) (including for CG / Raw Material / Services) Value of Additional BLUT executed

Year: Date of acceptance

BLUT amount: TOTAL value of BLUT Executed Details submitted in BLUT for Rs. 66,09,437/- executed on 17.09.2012. Additional BLUT for Rs. 94,11,794/- executed on 21.01.2016. Additional BLUT for Rs. 6,69,70,000/- executed on 20.07.22. TOTAL BLUT Rs. 8,29,91,231/- 2 Total Duty Foregone on goods & services procured (Category-wise

BLUT value utilized separately for

imported

and indigenous goods and services) This should be based on BLUT worksheet which

provides

for Yea r Impor t Indigenou s Goods Duty Forgone Indigenou s Services Duty Forgone Total 17- 18 6.31 2.18 26.34 8.49

5 estimated value and duty foregone separately for each

category

of procurement. 18- 19 3.70 8.16 31.43 11.86 19- 20 12.91 29.36 45.13 74.4 20- 21 46.22 23.44 62.78 132.4 4 21- 22 38.55 3.42 98.07 140.0 4 3 Balance in BLUT at the end of each F.Y. 1st Year in each category and overall basis …. 5th Year 10th Year, as the case may be Further, in view of the clarification issued by the Ministry of Commerce and Industry vide No. K43013(18)/2/2022-SEZ dated 15-02- 2023, as regard to Rule 22 (1) (iv) (iv) (d) of the SEZ Rules, 2006, there shall be no debit and credit from the BLUT amount, as such balance of BLUT could not be ascertained. 4 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 However, it is to confirm that the unit has not exceeded the amount of duty involved for the activities provided in Rule 22 (1) (iii) (a to d) of the SEZ Rules, 2006, than the amount of duty involved in TOTAL BLUTs executed by the unit, at any given time. (i) Employment made as on date (as on end of block period / year up to which monitoring is being done) Year Men Women Total 17-18 95 57 152 18-19 136 85 221 19-20 167 105 272 20-21 160 81 241 21-22 160 45 205 (j) 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 There is no remittance pending beyond permissible period (k) 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 Softex has been filed till Mar-22.

6 have filed such pending Softex. (l) 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 filed have been certified for the period from 17-18 to 21-22 (m) Whether unit has filed any

request

for Cancellation of Softex No (n) 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) No such case noticed. (o) SO to verify and certify whether the unit has updated the BLUT ledger Module in SEZ Online. Up-loading of the BLUT Module on SEZ online Portal Kept in abeyance as per office order No. 02/2023 dated 16-03-2023. (p) 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 17-18 – Nil 18-19 – Nil 19-20- DTA sale of E Scrap of 65 AH BATTERY vide request ID no. 262000203172 dt 27-01- 2020. Duty Paid Rs. 27588/- on 04-02.2020 20-21- Nil 21-22 -Nil (q) Is the unit sharing any of their infrastructure 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 (r) Whether all DSPF for services procured during the said monitoring period DSPF for services procured during the period of Oct-2019 to Mar-22 has been filed and processed.

7 under consideration has been filed by the unit and whether the same has been

processed

for approval by the SO Office. (s) 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 As per the record, DTA filed on SEZ Online System, by the unit, have been processed and approved till date. (t) Details of the request IDs pending for OOC in respect

of

DTA procurement on the date of

submission

of monitoring report As per the record on SEZ Online, no Out of Charge is pending. (u) 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 Cafeteria/Pantry set up, has been noticed in an area of 704 sq ft. in the unit but no cooking activities are being carried out. No Permission from UAC/DC office has been taken in terms of instruction no. 95. On pointing out the unit has agreed to pay applicable duty along with the interest on the goods used in cafeteria, which were initially procured duty free. As regards to duties on the services used for cafeteria area, unit has submitted undertaking under that they will pay the same after due clarification from the BOA and ministry. (v) Whether any violation of any of the provisions of law has been noticed / observed by the Specified Officer during the period under monitoring No such case noticed ADC’s observations:  The unit has achieved export of Rs. 2707.71 lakhs against the Projected export of Rs. 3273.00 lakhs in the FY 2017-18 of 1st Block period i.e., 82.72%

8  The unit has achieved NFE of Rs. 10448.03 lakhs i.e, 97.25% on cumulative basis in the FY 2017-18 i.e., last year of 1st block period.  The unit has achieved export of Rs. 27164.60 lakhs against the Projected export of Rs. 14000.00 lakhs in the period of FY 2018-19 to 2021-22 of 2nd Block period i.e., 194.03%  The unit has achieved NFE of Rs. 25927.70 lakhs i.e, 95.45% on cumulative basis.  As per the SO Report the unit has achieved employment of 205 employees (Men-160, women-45) in FY 2021-22.  Further, the specified Officer in his report has submitted that, the unit is running / had set up cafeteria/ pantry in area of 704sq.ft. without obtaining permission from UAC/DC office. However, there is no cooking activity is involved. On pointing out the same the unit has agreed to pay applicable duty along with the interest on the goods used in cafeteria, which were initially procured duty free.  As regards to duties on the services used for cafeteria area unit has submitted undertaking under that they will pay the same after due clarification from the BOA and ministry.  Approval Committee may like to monitor the performance of the Unit for the period from 2017-18 i.e., last year of the 1st block period and for the period from FY 2018-19 to FY 2021-22 of 2nd Block period, in terms of Rule 54 of SEZ Rules, 2006.

1 GOVT. OF INDIA, OFFICE OF THE ZONAL DEVELOPMENT COMMISSIONER, SEEPZ – SEZ (PUNE CLUSTER)

---

AGENDA NOTE FOR CONSIDERATION OF APPROVAL COMMITTEE

a) Proposal: - Application submitted by M/s. BNY Mellon International Operations (India) Pvt.Ltd. IT/ITES unit located in Magarpatta-SEZ for Change in the Board of Director. b) Specific Issue on which decision of Approval Committee is required: -Approval of the Approval Committee for Change in Board of Directors,in terms of Instruction No. 109 dated 18.10.2021, as detailed below: Existing List of Board of Directors: Sr. No. Name of the Director Designation Date of Cessation 1. Sudish Panicker Lambodara Managing Director

Nitin Chandel Director

Francis Jos G Braeckevelt Director

4 Joanne Elisabeth Cash Director

5 Janet Menezes Additional Director

Proposed List of Board of Directors: Sr. No. Name of the Director Designation Date of Appointment 1. Sudesh Panicker Lambodara Managing Director

Nitin Chandel Director

Francis Jos G Braeckevelt Director

4 Joanne Elisabeth Cash Director

5 Janet Menezes Additional Director

6 Rajiv Batnagar Director Appointed 20th March 2023 c) Relevant provisions: - As per para (i) of Instruction no. 109, dated 18.10.2021, “Reorganization including change of name, Change of Shareholding pattern, business transfer arrangements, court approved mergers and demergers, change of constitution, Change of Directors, etc. may be undertaken by the Unit Approval Committee (UAC) concerned subject to the condition that the Developer/Co-developer/ Unit shall not opt out or exit out of the Special Economic Zone and continues to operate as a File No.S-SEZ-PRO0MTDC/11/2022-JDCP I/2237/2023 208

2 going concern. All liabilities of the Developer/Co-Developer/Unit shall remain unchanged on such reorganization.” … d) Other Information: -  M/s. BNY Mellon International Operations (India Pvt.Ltd is granted LOA NOSEEPZ/MTDCCL-SEZ/BMIOPL/2022-23 Dated 26.08.2022 is located at Level-7, Tower 9 Magarpatta SEZ-, Hadapsar, Pune-4110113.  DCP: Not yet commenced  LOA valid till: 25.08.2023  The Unit has submitted following documents: o Online Application o List of Existing and Proposed Directors o Form DIR 12 for Appointment of Directors with ROC along with its challan o Copy of all LOAs o Undertaking in terms of Instruction no. 109 o Copy of Passport of the New Director d) ADC’s Recommendations:

Approval Committee may like to consider the proposal of Unit for Change in Board of Directors.,in terms of Instruction no. 109 issued by MOC&I.

---

File No.S-SEZ-PRO0MTDC/11/2022-JDCP I/2237/2023 209