20/09/2023 — 01-1-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 : 21.09.2023

TIME : 11:00 A.M.

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IT/ITES AT PUNE, UNDER THE CHAIRMANSHIP OF DEVELOPMENT COMMISSIONER, SEEPZ-SEZ ON 21.09.2023 INDEX

Agenda Item No.

Subject

Agenda Item No. 01: - Confirmation of the Minutes of the meeting held on 10.08.2023 Agenda Item No. 02: - Application for Approval of Setting up of Solar Power Generation Plant in SEZ unit for captive consumption submitted by M/s Capgemini Technology Services Pvt. Ltd. Agenda Item No. 03: - Application for Approval of Revision in Projection on account of Addition of Location submitted by M/s. Nxtra Data Ltd.(Unit) Agenda Item No. 04: - Application for Approval of List of Material submitted by M/s. Nxtra Data Ltd. (Co-Developer) Agenda Item No. 05: - Monitoring of Performance for M/s. Tata Consultancy Services Ltd. Agenda Item No. 06: - Application for Approval of extension in submission of Lease Deed submitted by M/s. Xcaliber Infotech Pvt Ltdd. Agenda Item No. 07: - Application for Approval for regularization of cafeteria in the SEZ unit premises submitted by M/s. KPIT Technologies Ltd.

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

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AGENDA NOTE FOR CONSIDERATION OF THE APPROVAL COMMITTEE

a) Proposal: Request of M/s. Capgemini Technology Services India Ltd., an IT/ITES Unit located in MIDC-Pune-SEZ, for approval of setting up of Solar Power Generation Plant in unit premises for captive consumption. b) Specific Issue on which decision of UAC is required: Approval of the Approval Committee for installation of 2 MW Solar Power Generation Plant in terms of Office Memorandum dated 07-06-2021 issued in addendum to Power Guidelines dated 16.02.2016, issued by MOC&I c) Relevant provisions: As per MO&I’s O.M. dated 07-06-2021 issued under F. No. K- 43014(16)/8/2020-SEZ, in partial modification of Power guidelines issued vide letter No. P-6/03/2006-SEZ (Vo,.III) dated 16.02.2016, following proviso under para (iii) has been appended :

“Provided that, with the approval of Unit Approval Committee, a Unit may setup a non-conventional power plant within the premises of the Unit for the exclusive purpose of captive consumption subject to the condition that no tax/duty benefits stipulated under Section 26 of SEZ Act, 2005 shall be available for setting up as well as operations and maintenance of such power plant. Such captive generating power plants shall comply with all rules, regulations and technical standards framed under the Electricity Act, 2003 as amended from time to time. Captive generative power plants with capacity 500KW and above has to be re-registered with Central Electricity Authority”. d) Previous Reference : M/s Capgemini Technology Services India Ltd had requested for approval of setting up of Solar Power Generation Plant in Unit’s premises for captive consumption. The proposal of the Unit was put up in the Approval Committee in its meeting held on 29.09.2021. After deliberation, the Committee deferred the proposal and directed the Specified Officer and Authorised Officer to inspect the premises to verify about the existence of Solar Power Plant in the Unit premises and if yes, whether or not the unit has availed any duty/tax benefit while procuring/setting up of the Solar Power File No.S-SEZ-PRO0MIDC/3/2023-JDCP I/2834/2023 104

-2- plant. After receiving the report of the Specified Officer, the agenda will be taken up in the upcoming UAC. The Specified Officer vide his letter dated 30.09.2021, visited the premises of M/s Capgemini Technology Services India Ltd., on 30.09.2021 to ascertain the Solar Power Plant installed. It was ascertained that during the visit that a Solar Power Plant was installed and was fully operational until about a month ago. However, due to some operational difficulties, the plant has been disassembled and shall be installed again after rectification/modifications. The removed Panels and related equipment have been stored adjacent to the plot, The Unit has been requested to submit documents and information related to procurement of goods and services in relation to the installation of the Solar Power Unit to ascertain whether any benefit s have been taken on the goods and services. Final report in this connection will be submitted after ascertainment of relevant facts. The Specified Officer, vide his letter dated 25.08.2023 submitted his final report w.r.t duty/tax benefit while procuring goods and services for setting up of the Solar Power Plant by M/s Arcedo Systems. He reported that the Unit has availed duty benefit amounting to Rs. 42,15,271/- (IGST). M/s Arcedo Systems have debited the aforesaid amount amounting to Rs. 42,15,271/- (IGST) in their GSTR – 3B in the month of June, 2022, however they paid the Interest totally amounting to Rs. 2,90,875/- in form DRC – 03 in the month of July, 2023.
The Unit vide letter dated 13.09.2023 has submitted following changes in r/o their earlier application for setting up/ regularization of Solar Power Generation Plant:

1. Capacity of Solar Power Plant : 2 MWp
2. Annual electricity consumption: 54.42Lakhs KWH expected to increase 65 KWH Lakhs
3. Expected Solar Power Generation : 20.20 KWH per year. In view of the report received from the Specified Officer, the request of the unit is for approval of setting up of Solar Power Generation Plant in the Unit’s premises for captive consumption is placed before the Approval Committee for consideration. e) Other Information:
    LOA No. SEZ/PUNE/17/2007-08 dt. 05.02.2008  Location: Plot No. 14, MIDC-SEZ, Phase III, Rajiv Gandhi Infotech Park, Hinjawadi, Phase III, Pune 411057  Date of Commencement of Production: 01.10.2014  Validity of LOA: 30.09.2024  The Unit has submitted that a. The current electrical consumption for their operations is 54.42 KWH per year and likely to increase 65 KWH per year. File No.S-SEZ-PRO0MIDC/3/2023-JDCP I/2834/2023 105

-3- b. They are intending to put solar panels on the roof top of building terrace area and ground mount area. c. This is likely to generate 20.20 Lakhs (KWH) units. d. They have sanctioned load of 4.9MVA (4900KVA) and they are proposing to install 2 MW power solar generation plant. e. The electrical units produced from proposed solar generation plant will be consumed for their own operations within their SEZ Unit premises and will not be supplied or sold to any other commercial units. f. The said solar power plant will be their own asset and not on lease from third party. g. They will not avail any duty or tax exemption while implementing the proposed solar power plant. h. Their individual investment for Solar Generation Plant: INR 11 Cr.  The Unit has submitted the following documents with the application:

1. Copy of approval bearing number 661/2017 dated 21.04.2017 issued by MSEDCL Pune.
2. Copy of latest MSECDCL bill for the premises
3. Copy of Board Resolution f) ADC’s observations:  MIDC (Developer) has allotted plot to the unit, and the unit has constructed and developed their own building / premises on the plot leased to them by the Developer.  The proposal may be considered subject to the condition that

the Unit will 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.

The unit will have to re-register themselves with Central Electricity Authority in case the capacity of the plant is more than 500 KW

The unit will have to fulfill any conditions / safeguards laid down by the State Government / Electricity department, from time to time

The non-conventional solar power generated will be used only for captive consumption and will not be sold outside.  The Specified Officer has verified the duty element regarding benefit of duty and the payment of duty duly paid along with Interest which has been paid in the month of July, 2023.  The proposal of the unit for installation of non-conventional Solar Power Plant without availing any benefit / exemption may be considered by the Approval Committee in terms of Office Memorandum dated 07-06-2021 issued by MOC&I in amendment to Power guidelines dated 16.02.2016 issued by MOC&I.

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File No.S-SEZ-PRO0MIDC/3/2023-JDCP I/2834/2023 106

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

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AGENDA NOTE FOR CONSIDERATION OF THE APPROVALCOMMITTEE

a) Proposal: Application of M/s. Nxtra Data Ltd., an IT/ITES unit located at Plot No. 28,
13/10/B, P-1/1 & P-1/2, MIDC SEZ, Rajiv Gandhi Infotech Park, Hinjewadi, Phase III, Pune 411057 with revision in projection on account of addition of area.

b) Specific Issue on which decision of Approval Committee is required:

1. Approval for addition of area admeasuring 22433.3 sq. meters ft
2. Revision in projection on account of above addition of area as detailed below: (I) Revised Area: Existing location Proposed addition of location Total area after addition of proposed location 2nd, 3rd & part 4th floor, DC Building (16.5 MW), Plot No. 28, 13/10/A, 13/10/B, P-1/1 & P-1/2, MIDC-SEZ, Rajiv Gandhi Infotech Park, Hinjewadi, Phase III, Pune 411057. 2nd & 3rd Floor of DC Building (4MW), Plot No. 28, 13/10/A, 13/10/B, P- 1/1 & P-1/2, MIDC-SEZ, Rajiv Gandhi Infotech Park, Hinjewadi, Phase III, Pune 411057 2nd, 3rd & part 4th floor, DC Building (16.5 MW) & 4(MW), Plot No. 28, 13/10/A, 13/10/B, P-1/1 & P-1/2, MIDC-SEZ, Rajiv Gandhi Infotech Park, Hinjewadi, Phase III, Pune

18313.82 Sq. Mtrs. 2243.3 Sq. Mtrs. 20557.12 Sq. Mtrs. (II) Export Projections: (a) Approved Projections: (Rs. in Crores) Sr 2019-20 2020-21 2021-22 2022-23 2023-24 Total 1. FOB Value of exports 40.00 40.00 40.00 40.00 40.00 200.00 2. FE outgo 0.20 0.20 0.20 0.20 0.20 1.00 3. NFE Earnings 39.80 39.80 39.80 39.80 39.80 199.00 (b) Revision in Projections: (Rs. in Crores) File No.S-SEZ-PRO0MIDC/22/2022-JDCP-Part(1) I/2833/2023 50

2 Sr 2019-20 Actual 2020-21 Actual 2021-22 Actual 2022-23 Actual 2023-24 Projected Total 1. FOB Value of exports 0.0055 0.0123 0.01 20.12 207.00 227.15 2. FE outgo 0 0 0 0.11 7.50 7.61 3. NFE Earnings 0.0055 0.0123 0.01 20.01 199.50 219.55 (III) Other Projections: (Rs. in Crores) Sr. Particulars Approved Projections Revised Projections 1 Employment Men Women Men Women 25 5 25 5 2 Investment: (Plant & Machinery)/ Capital Goods Indigenous 2.80 6.20 Imported 0.50 0.60 Total 3.30 6.80 Input Services Indigenous

0.20 Imported

0.20 Total 0.40 c) Relevant provisions: As per 1st proviso to Rule 19(2) of SEZ Rules, 2006. “PROVIDED that the Approval Committee may also approve proposals for broad-banding, diversification, enhancement of capacity of production, change in the items of manufacture or service activity, if it meets the requirements of rule 18”. d) Reason for addition of location: Considering the future business growth, the additional area is required to provide Infrastructure for accommodating additional servers. e) Other information:  Ref.: LOA No. SEEPZ-SEZ/NEWSEZ/NDL/294/2017-18 dt. 05.0.2018  Location of the Unit: 2nd, 3rd & part 4th floor, DC Building (16.5 MW) & 4(MW), Plot No. 28, 13/10/A, 13/10/B, P-1/1 & P-1/2, MIDC- SEZ, Rajiv Gandhi Infotech Park, Hinjewadi, Phase III, Pune 411057.  Date of commencement of authorized operations: 20.10.2019  Validity of LOA: 19.10.2024  The unit has submitted the following documents with the application: File No.S-SEZ-PRO0MIDC/22/2022-JDCP-Part(1) I/2833/2023 51

3 a. Form F3. b. Letter of intent for providing additional space to SEZ unit of Nxtra Data Ltd. c. Copy of LOA d. Copy of APR for the FY 2019-20 to 2022-23 f) ADC’s observations:  Approval Committee may kindly consider the proposal of the Unit for addition of location & revision in projections, in terms of Rule 19(2) of SEZ Rules, 2006. File No.S-SEZ-PRO0MIDC/22/2022-JDCP-Part(1) I/2833/2023 52

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

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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 & Maintenance by the Co-Developers for authorized operation.

b) Specific Issue on which decision of Approval Committee is required: -

Approval for List of material required for Operation & Maintenance by the Co-Developers for authorized operation totally valued at Rs. 3,00,53,179.00. 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

& Maintenance 3,00,53,179.00 0.00 3,00,53,179.00 TOTAL 3,00,53,179.00 0.00 3,00,53,179.00 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, (Registration No. 093577-0) dated 14.09.2023 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.

The Co-Developer has informed that the list of material required for Operation & Maintenance for providing infrastructural facilities in the aforesaid sector specific SEZ for IT /ITES.

The total value of said materials is Rs. 3,00,53,179/-

SO Verification Report dated 15.09.2023: The Specified Officer has submitted verification report and informed that the list of material submitted by M/s Nxtra Data Ltd. (Co-Developer) for operation and maintenance of data centre in IT/ITES building has been verified and it is noticed that at Sl. No. 1 of material list, item description is mentioned as “supply of 11 KW EV charging station” , it appears that the goods “EV Charging Station cannot be considered as material required for authorized operation viz. operation and maintenance of IT/ITES Building.

“The goods 11 KW EV charging station will be used for charging of Electric Vehicles of the Unit and personal vehicles of the employees of the Unit. However, there is not cross check that after charging, these vehicles will not be used outside the premise of the co-developer” In the past UAC of SEEPZ, Mumbai had given approval for procuring similar goods to M/s Larson & Toubro Infotech Ltd. (SEZ Developer). The copy of Agenda point and approval are enclosed. The Rule 27 (2) of SEZ Rules, 2006, stipulates that ‘In case of any doubt as whether any goods or services are required by a Unit or Developer for authorized operations or not, it shall be decided by the Development Commissioner’ Hence, decision in respect of goods ‘11KV EV Charging point may be taken as per Rule 27(2) of SEZ, Rules, 2006. The List of material for the balance estimated value of Rs. 2,97,78,179/- (Rs. 3,00,53,179/- minus Rs. 2,75,000/- (Value of EV Charging station) is in order and hence the request of the Co-Developer may be considered. Further, there is no restricted item in the list of material. The Bond balance as on date is Rs. 88,39,81,957/- which is sufficient for the procurement of Indigenous material of estimated value of Rs. 3,00,53,179/-.
f) Observation : -

Approval Committee may kindly consider the request of the Co-Developer for approval of list of material as per Rule 12(2) of SEZ Rules, 2006 ******************

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

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AGENDA NOTE FOR CONSIDERATION OF THE APPROVAL COMMITTEE

a) Proposal: Monitoring of the performance of M/s. Tata Consultancy Services Ltd., located in MIDC SEZ, Phase – III, Hinjawadi, Pune, for the period of 5 years as follows: i) 3rd Block – FY 2018-19 to FY 2022-23
b) Specific Issue on which decision of UAC is required: Monitoring of performance for the period from 2018-19 to 2022-23 (3rd block) under Rule 54 of SEZ Rules, 2006 The details of the export projections are as detailed below:

I. Approved export Projections for 3rd Block Period: (Rs. in Crores) 2018-19 2019-20 2020-21 2021-22 2022-23 Total FOB Value of Exports 575.03 603.78 633.97 665.67 698.95 3177.40 FE Outgo 159.10 166.66 183.23 201.45 221.50 931.94 NFE achieved 415.93 437.12 450.74 464.22 477.45 2245.46 II. Performance as compared to projections: FY 2018-19 to 2022-23

(Rs. In Crores) 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- 19 575.03 654.64 0 8.69 6.08 202.23 2019- 20 603.78 573.04 0 1.25 176.87 2020- 21 633.97 496.40 0 0.52 134.33 2021- 22 665.67 588.43 0 0.35 125.54 2022- 23 698.95 743.82 0.32 17.53 Total 3177.40 3056.33 0 0 8.52 656.50 (III) Cumulative NFE achieved: FY 2018-19 to 2021-22 (Rs. in Crores) File No.S-SEZ-MONT0MIDC/8/2023-JDCP I/2803/2023 54

2 (IV) Employment Achievement :

The Unit has achieved employment of 1986 employees (Men-1262, Women-724) as on 31.03.2023 ( c) Other Information: LOA No. & Date LOA No SEEPZ/NEW SEZ/DLF- PUNE/03/LOA – 3/2007-08/1201 dated 22-02-2008 Location of Unit Plot No 18, Ground Floor, Ist, IInd Floor, Unit No. 1, Cypress Building, Ascendas IT Park (Pune) Pvt. Ltd., 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 01.06.2008 Execution of BLUT 18.35 Crores 01.04.2008, 10.02 Crores 28.05.2018 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 31.03.2023 1986 (Men-1262, Women-724)
Area allotted (in sq. ft.) 151022 Sq. ft. Area available for each employee per sq.ft. basis (area / no. of employees) 76.04 Sq. ft Investment till date Building

Plant & Machinery 47.11 Crores. 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 Yes Year Cumulative NFE Achieved Cumulative % NFE Achieved 2018-19 448.66 68.53% 2019-20 841.62 68.55% 2020-21 1200.50 69.63% 2021-22 1660.97 71.83% 2022-23 2228.92 72.93% File No.S-SEZ-MONT0MIDC/8/2023-JDCP I/2803/2023 55

3 limit, or otherwise. If no, details of the Year along with no of days delayed to be given. Vide PUC, the Specified Officer has submitted a report vide letter dated 31.08.2023, 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 2021-2023 (Rs. In Crores)
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) FY 2018-19 654.64 371.48 283.15 (i) Onsite – 295.62 (ii) Credit Notes (12.47) = 283.15 2019-20 573.04 320.52 252.52 (i) Onsite – 257.01 (ii) Credit Notes (4.48) = 252.52 2020-21 496.39 306.23 190.16 (i) Onsite – 196.20 (ii) Credit Notes (6.03) = 190.16 2021-22 588.43 407.22 181.20 (i) Onsite – 183.47 (ii) Credit Notes (2.26) = 181.20 2022-23 743.81 511.97 231.83 (i) Onsite – 237.28 (ii) Credit Notes (5.44) = 231.83 (b) Import (i) (Capital Goods including procurement done on IUT (from SEZ, EOU, STPI, EHTP) basis. (Rs. In Crores)
Year/ Period Figures as per APR Figures as per Customs Records / Bond Register Differenc e if any Reason for Difference/Remark 2018-19 6.08 6.79 (0.71) Loan Equipment & Unit Reallocation (IUT of CG) details are not consider for APR. 2019-20 1.25 2.68 (1.42) 2020-21 0.52 1.16 (0.63) 2021-22 0.35 1.58 (1.23) 2022-23 0.32 0.45 0.13)

File No.S-SEZ-MONT0MIDC/8/2023-JDCP I/2803/2023 56

4 (b) Import Raw material (Rs. In Crores)
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 Crores) 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:

18.35 Crores Executed on 01.04.2008 10.02 Crores Executed on 28.05.2018 28.37 Crores Total Bond Executed. 2 Total Duty Foregone on goods & services procured Category Wise: Year Wise Year Imp. & Ind. Goods and Services 2018-19 2.17 2019-20 0.80 2020-21 0.47 2021-22 1.67 2022-23 0.60 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- 1262 Women- 724 Total - 1986 (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. File No.S-SEZ-MONT0MIDC/8/2023-JDCP I/2803/2023 57

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. Yes. All Softex have been certified till May, 2023. (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) NO.

(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 2018-19 0.0390 0.0099 2019-20 0.2904 0.0783 2020-21 0 0 2021-22 0 0 2022-23 0.1634 0.0484 (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, All DSPF for Services procured during the said period has not been filed. It is under process of filing the same. (m) Whether unit has filed all DTA procurement w.r.t. the goods procured by them during the Yes, filed File No.S-SEZ-MONT0MIDC/8/2023-JDCP I/2803/2023 58

6 monitoring period for the relevant period. If no, details thereof (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 The Unit has not set up any Cafeteria/Canteen/Food Court in the Unit Premises. (p) Whether any violation of any of the provision of law has been noticed/observed by Specified Officer during the period under monitoring. No e) 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 cumulative export revenue of Rs. 3056.33 Crores as against projected export of Rs. 3177.40 Crores and achieved cumulative NFE of 2228.92 Crores which is 72.93% in 5 years of 3rd Block Period i.e. during ( FY 2018-19 to 2022-23)  As per SO report the unit has achieved Employment of 1986 employees (Men-1262, Women-724) as on 31.03.2023.  Approval Committee may like to monitor the performance of the Unit for FY 2018-19 to FY 2022-23 (rd Block period) File No.S-SEZ-MONT0MIDC/8/2023-JDCP I/2803/2023 59

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

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AGENDA NOTE FOR CONSIDERATION OF APPROVAL COMMITTEE

a. Proposal :

Application submitted by M/s Xcaliber Infotech Pvt Ltd., situated at Plot No. 12 – 1, Rajiv Gandhi Infotech Park, Hinjewadi, Phase III, Pune 411 057 at MIDC – Pune – SEZ, seeking extension of 6 months for submission of Registered Lease Deed in terms of 2nd Proviso to Rule 18(2)(ii).

b. Specific Issue on which decision of Approval Committee is required :

Approval by Approval Committee for granting extension of 6 months for submission of Registered Lease Deed, in terms of 2nd Proviso to Rule 18(2)(ii) of SEZ Rules, 2006.

c. Relevant Provisions :

As per 2nd Proviso to Rule 18(2)(ii) of SEZ Rules, 2006 :

“A copy of the registered lease deed shall be furnished to the Development Commissioner concerned within six months from the issuance of the letter of Approval and failure to do so; the Approval Committee may take action to withdraw the Letter of Approval after giving an opportunity of being heard.”

d. Reason for delay in submission :-

The Unit has submitted that the Draft Lease Deed is pending in MIDC Mumbai Office to get it approved.

e. Other Information :

LOA No. & Date SEEPZ/MIDC-SEZ/XIPL/83/2022-23/2161 dated 17.02.2023.

Location of Unit Plot No. 12 – 1, Rajiv Gandhi Infotech Park, Pune – SEZ, Hinjewadi, Phase III, Pune 411 057 Validity of LOA 16.02.2024.

Item(s) of manufacture/ Services IT/ITES File No.S-SEZ-PRO0MIDC/36/2022-JDCP I/2710/2023 157

Date of commencement of production Yet to start

f. ADC’s Observations : Approval Committee may consider the proposal of the Unit for granting extension of 6 months for submission of Registered Lease Deed in terms of 2nd Proviso to Rule 18(2)(ii) of SEZ Rules, 2006. File No.S-SEZ-PRO0MIDC/36/2022-JDCP I/2710/2023 158

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

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AGENDA NOTE FOR CONSIDERATION OF THE APPROVAL COMMITTEE

a) Proposal: Proposal submitted by M/s. KPIT Technologies Ltd., an IT/ITES Unit located at Plot No. 17, RGIP, MIDC-SEZ, Phase – III, Hinjewadi, Pune 411057 for regularization of Cafeteria in the SEZ Unit-premises b) Specific issue on which decision of Approval Committee is required: Approval for regularization of cafeteria as per Instruction No 95 dated 11-06-2019, as detailed below: Details of location, service providers and area allocated for Cafeteria: Name

of Vendor Activity Location of Cafeteria Area

in Sq.ft M/s. Nazish Food Lobby. Provide snacks & Meals & Fruit & Food Services. Ground Floor of the Building at Plot No. 17, Rajiv Gandhi Infotech Park, MIDC-SEZ, Phase- III, Hinjeawadi, Pune 411057 11807.14 (1096.91 Sq. Mtrs.) c) 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”. File No.S-SEZ-PRO0MIDC/5/2023-JDCP I/2832/2023 60

d) Previous reference : Approval Committee in its meeting held on 30.05.2022 has Monitored the Performance of the Unit, the Committee observed that the Unit has not taken permission from Approval Committee for setting up of Cafeteria/food court in the Unit premises, hence directed the unit to submit the application for regularization of cafeteria with necessary documents for approval of the Approval Committee. e) Other information:  The unit was issued LOA No. SSEPZ-SEZ/MIDC-SEZ/KCIL/24/2011- 12/10156 DATED 29.06.2011 (As amended) Date of commencement: 06.12.2010
 LOA valid up to: 29.02.2028  The unit has submitted that: The vendor will be using any gas flames & Electric hot Plate in the cafeteria. The unit has been allocated separate space to the food court vendor or supplier on commercial basis.
 As per the SO Report received on 02.05.2023, 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. Further, the unit has also submitted an undertaking that they will not be availing any duty benefit available under SEZ Act & Rules made there under.
 The unit has also submitted following documents:  Form B dated 14.09.2023 issued for the period Jan., 2023 to June, 2023  Copy of NOC from the Developer.  Undertaking for non-availing of tax, duty benefits and exemptions submitted by the Unit.  Food license of the Vendor. f) ADC’s Observations:  Approval Committee may kindly consider the proposal of the Unit for regularizing of Cafeteria and appointment of Service Provider, in the Unit premises, in terms of Instruction No. 95 issued by MOC&I. File No.S-SEZ-PRO0MIDC/5/2023-JDCP I/2832/2023 61