16/12/2023 — 05-6-krc-infra-gera-sez-agenda-18122023
05-6-krc-infra-gera-sez-agenda-18122023
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. KRC INFRASTRUCTURE & PROJECTS PVT. LTD. AND GERA DEVELOPMENT PVT. LTD.
DATE : 18.12.2023
TIME : 11:30 P.M.
VENUE : SEEPZ, SEZ OFFICE, PUNE
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 18.12.2023
INDEX
Agenda Item No.
Subject
Agenda Item No. 01: - Confirmation of the Minutes of the meeting held on 19.10.2023 Agenda Item No. 02: - Monitoring of Performance for M/s Barclays Global Service Centre Pvt Ltd Agenda Item No. 03:- Application for Approval of Change in the Name of Company from DISYS India Technologies Pvt Ltd to Dexian India Services Private Limited
Minutes of the 356 Meeting of the Approval Committee held under the Chairmanship of ZoneJ Development Commissioner SEEru-SE,Z, Mumbai for Sector Specific Specia.l Economic zote for IT/ITES of M/s. KRC Infrastructure and Projects Rrt. Ltd. & GERA Resorts Rrt. Ltd'-SEZ, Pune, held on 19.10'2023 1 ame of the SEZ /s. KRC lnfrastructure and Projects Rrt. Ltd. & GERA 2 or /ITES 3 eeting No. 5th 4 9.LO.2023 Sr ame and Designation ;/sbd.) 1 mt. Mital Hiremath e Cluster SEZ, Pune oint Development Commissioner 2 . Sandeep Sathe, ominee of Income Tax, Pune CIT-Circle 4, Pune J hri. Krishna Das Nair, ominee of DGFT, Pune o 4 mt. Malathi Nair ominee of Customs, Pune perintendent Members t Special Irlvitee Sr ame and Designation 1 hri Satbir Sharma /s. The Manjri Stud Farm Rrt. Ltd.-SEZ ecilied Ofhcer Agenda Itcm No.O2: Application for Approval g! qroad Banding of Additio_nal Sindces without revisioi in projections by M/s. BP Busireess Solutions India Pvt. Ltd. During the discussion, the unit was asked reasons for non revision in projection. The unit informed the committee that the additional services for which permission has been sought is being done on exploratory and trial basis. Their projections may chalge once the approval is received from their clients. After deliberation the committee approved the proposal of the Unit for Broad Banding of Additional services without revision in projection in the existing LoA as authorized operations, in terms of Rule 19(2) of SEZ Rules, 2006 as detailed below: File No.S-SEZ-MINSOKRCG/I /2022.JDCP Rrt. Ltd. Ageoda Iteo No.Ol: Confirmation of Minutes of the 34nd meeting held oa 2t.o9.2023 After deliberation, the Committee conflrmed the minutes of the 34s Approval Committee meeting held on 21.09.2023.
File No.S-SEZ-MINS0KRCG/1/2022-IDCP Approved additional Authorized Operations To provide of routine engineering operations in the support of business, such AS: . Technical data administration, management of data bases and tools; and . planning and scheduling of routine maintenance and engineering activities; metrics and anal5rtics rePo execution Meeting ended with a vote of thanks to the Chair. "%#--+ (Rajesh Kumar Mislua, IRS) Chairman-cum- DeveloPment Cornmissioner
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. Barclays Global Se rvice Ce ntre Pvt. Ltd, an IT/ITES unit located at KRC Infrastructure and Projects Pvt Ltd and Gera Developments Pvt. Ltd., S.NO. 65, Kharadi, Pune- 411014 for the following period: 1st Block Period i.e. for FY 2013-14 to FY 2017-18 & 2nd Block period i.e. FY 2018-19 to FY 2022-23 b. Spe cific Issue on which de cision of Approval Committe e is re quire d: Monitoring of the performance of the unit for 1st Block period i.e. FY FY 2013-14 to FY 2017-18 and 2nd Block i.e. FY 2018-19 to FY 2022-23 in terms of Rule 54 of SEZ Rules, 2006 c. Re le vant 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. Pe rformance as compare d to proje ctions: 1s t Block FY 2013-14 to FY 2017-18 Approve d Proje ctions (Rs. in Crore s)
2013-14 2014-15 2015-16 2016-17 2017-18 Tota FOB Value of E xports 82.41 233.13 441.71 651.01 929.58 233 FE Outgo 29.12 45.25 2.74 28.36 71.31 17 NFE 53.29 187.88 438.97 622.68 858.27 216 Pe rformance as compare d to proje ctions:
(Rs. in Crore s) Ye ar Export F.E. OUTGO
Proje cte d
Actual Raw Mate rial (Goods/Se rvice s) C.G. import Othe r outflow Proje cte d Actual Proje cte d Actual Actual 2013- 14 21.32 82.41 0 0 130.38 35.44 0.13 File No.S-SEZ-MONT0KRCG/3/2022-JDCP I/3374/2023 30
2014- 15 257.32 233.13 0 0 46.97 0.44 2015- 16 515.91 441.71 0 0 0.70 2.04 2016- 17 651.04 673.86 0 0 4.96 7.38 2017- 18 929.58 971.93 0 0 37.46 108.82 Total 2375.17 2403.05 0 0 130.38 125.53 118.80
Cumulative NFE achie ve d:
(Rs. in Crore s) Year Cumulative NFE Achieved Cumulative % NFE Achieved 2013-14 78.74 95.55% 2014-15 303.19 96.09% 2015-16 734.56 97.00% 2016-17 1392.23 97.28% 2017-18 2242.79 93.33% II. Pe rformance as compare d to proje ctions: 2nd Block i.e . FY 2018- 19 to FY 2022-23
Approve d Proje ctions
(Rs. in
Crore s)
2018-19 2019-20 2020-21 2021-22 2022-23 Tota FOB Value of E xports 1055.80 1569.23 2565.12 4322.39 5148.84 146 FE Outgo 179.02 269.00 164.31 271.05 320.44 12 NFE 876.78 1300.23 2400.81 4051.34 4828.40 134 Pe rformance as compare d to proje ctions:
(Rs. in Crore s) Ye ar Export F.E. OUTGO
Proje cte d
Actual Raw Mate rial (Goods/Se rvice s) C.G. import Othe r outflow Proje cte d Actual Proje cte d Actual Actual 2018- 19 1055.80 1055.80 0 0 182.37 1.29 167.49 2019- 20 1569.23 1580.25 0 0 182.31 239.89 2020- 21 2565.12 2220.25 0 0 89.23 333.91 I/3374/2023 31
2021- 22 4322.39 3988.24 0 0 4.99 921.20 2022- 23 5148.84 5167.16 0 0 1.26 785.25 Total 14661.39 14011.71 0 0 182.37 279.08 2447.74 Cumulative NFE achie ve d: (Rs. in Crore s) Year Cumulative NFE Achieved Cumulative % NFE Achieved 2018-19 875.63 82.93% 2019-20 2185.08 82.89% 2020-21 4031.59 83.02% 2021-22 7058.29 79.80% 2022-23 11399.75 81.36%
(III) Employme nt Achie ve me nt (Dire ct): FY 2022-23
The Unit has achieved employment of 13891 employees (Men-9110, Women- 4781) as on 31.03.2023 .
d. Re le vant 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”
e. Othe r Information:
LOA No. & Date
SEEPZ-SEZ/EKIPL-SEZ/
BTCIPL/19
/2012-13/2459 dated 20.02.2013
Location of Unit
5th to 12th Floor, G2 Building, KRC
Infrastructure and Projects Pvt Ltd
and Gera Developments Pvt. Ltd.,
S.NO. 65, Kharadi, Pune - 411014
Validity of LOA
05.05.2028
Item(s) of manufacture/ Services
IT & ITES
Date of commencement of production
06.05.2013
Execution of BLUT
673.63 Crores
Outstanding Rent dues
NA
Labour Dues
NA
Validity of Lease Agreement
10 years
I/3374/2023
32
Pending CRA Objection, if any NA Pending Show Cause Notice/ Eviction Order/Recovery Notice/ Recovery Order issued, if any NA Projected employment for the block period No. of employees as on 31.03.2023 Projected 13800
Employees as on 31.03.2023 13891 (Male 9110,Female 4781) Area allotted (in sq.ft.) 10,97,454 Sq.ft. Area available for each employee per sq.ft. basis (area / no. of employees) 79 Sq. Ft. Investment till date
Building 383.20 Cr Plant & Machinery 11126.39 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 Officers vide letter dated 14.12.2023 has submitted APR verification report for the period FY 2013-14 to FY 2022-23, in the prescribed which is as detailed below;
Based on the information/documents submitted by the SEZ Unit and the data of the unit available online, the APR verification report for the period First Block (Pe riod FY 2013-14 to FY 2017-18) and Se cond Block (Pe riod FY 2018-19 to FY 2022-23) in the prescribed format is as under : Background of the unit – The unit was earlier located in EON Kharadi (P3 unit) from May 2013. A new unit was set up in KRC - Gera SEZ in October 2018. The commencement of operations of the said unit was filed in September 2019. (P4 unit) The unit in EON Kharadi (P3 unit) was relocated to KRC - Gera SEZ and approval was received in October 2018. However, the actual movement started after April 2019. Both the units located in KRC-Gera SEZ were merged and the final approval was received in FY 2020-21. The LoA of P3 unit was older and hence continued. The LoA of P4 unit was deactivated by SEZ online due to which the Unit filed the APRs as below. I/3374/2023 33
Year Filing of APRs Manually/ online on NSDL FY 2013-14 Filed manually (NSDL functionality was not available) FY 2014-15 Filed online on NSDL - 242300035364 FY 2015-16 Filed online on NSDL - 242300035106 FY 2016-17 Filed online on NSDL - 242300036134 FY 2017-18 Filed online on NSDL - 242300036156 FY 2018-19 Filed online on NSDL - 242300036160 FY 2019-20 – Pune 3 Filed online on NSDL - 242300036171 FY 2019-20 – Pune 4 Filed manually (As P4 unit was merged into P3, the LOA and SEZ online was deactivated. Hence, revised APR was filed manually.) FY 2020-21 – Pune 3 Filed online on NSDL - 242300036182 FY 2020-21 – Pune 4 Filed manually (As P4 unit was merged into P3, the LOA and SEZ online was deactivated. Hence, revised APR was filed manually.) FY 2021-22 Filed online on NSDL – 242300036193 FY 2022-23 Filed online on NSDL – 242300018752 Export :-
(INR. In
Crore s)
Ye ar/Pe riod Figure s as pe r APR Figure s as pe r SOFTEX file d Diffe re nce if any (2- 3) Re ason for Diffe re nce /Re mar First Block (Pe riod FY 2013-14 to FY 2017-18)
I/3374/2023 34
FY 2013-14 82.41 54.32 28.09 - Difference of INR 28.09 is on account of statutory adjustments made in the financials for the year FY 2013- 2014. Such adjustments have been made to give effect to the transfer pricing adjustments made at the time of closure of the books of accounts. Transfer pricing provisions as prescribed under the Income-Tax Act are applicable when services are provided to related parties. FY 2014-15 233.13 236.99 -3.86 - Difference of INR 3.86 is on account of statutory adjustments made for the year FY 2014-2015 FY 2015-16 441.71 444.94 -3.23 - Difference of INR 0.60 is on account of credit note issued during the year FY 2015-2016 for which no SOFTEX has been filed
- Difference of INR 2.63 is on account of statutory adjustments amounting to made for the year FY 2015-2016. I/3374/2023 35
FY 2016-17 673.86 661.26 12.60 - Difference to the extent of INR 7.78 is on account of statutory adjustments made for the FY 2016-17
- Difference to the extent of INR 3.56 is due to DTA sales for which remittance has been received in foreign currency. The same has been reported as per Rule 53 of the SEZ rules.
- INR 1.24 is on account of credit notes issued for which no SOFTEX has been filed FY 2017-18 971.93 973.44 -1.50 (3.34-4.84=- 1.50)
- Difference to the extent of INR 3.34 is due to DTA sales for which remittance has been received in foreign currency. The same has been reported as per Rule 53 of the SEZ rules.
- Difference to the extent of INR 4.84 is on account of credit notes issued during the year FY 2017-18 for which no SOFTEX has been filed
Se cond Block (Pe riod FY 2018-19 to FY 2022-23)
Ye ar/Pe riod Figure s as pe r APR (re vise d) Figure s as pe r Bond re giste r Diffe re nce if any (2- 3) Re ason for Diffe re nce /Re mark I/3374/2023 36
FY 2018-19 1055.80 1073.68 -17.87
- Difference to the extent of INR 17.87 is on account of credit notes issued during the year FY 2022-23 for which no SOFTEX has been filed FY 2019-20 1310.01 1353.53 43.53 - Difference to the extent of INR 10.76 is due to DTA sales for which remittance has been received in foreign currency. The same has been reported as per Rule 53 of the SEZ rules.
- Difference to the extent of INR 54.30 is on account of credit notes issued during the year FY 2019-20 for which no SOFTEX has been filed FY 2020-21
1071.87 1101.09 -29.22 - Difference to the extent of INR 29.22 is on account of credit notes issued during the year FY 2020-21 for which no SOFTEX has been filed I/3374/2023 37
FY 2021-22 3988.24 4005.64 -17.40
- Difference to the extent of INR 17.43 is on account of credit notes issued during the year FY 2022-23 for which no SOFTEX has been filed
- Difference to the extent of INR 0.03 is due to DTA sales for which remittance has been received in foreign currency. The same has been reported as per Rule 53 of the SEZ rules. FY 2022-23 5167.16 5169.51 -2.35 - Difference to the extent of INR 2.64 on account of credit notes issued during the year FY 2022-23 for which no SOFTEX has been filed
- Difference to the extent of INR 0.30 is due to DTA sales for which remittance has been received in foreign currency. The same has been reported as per Rule 53 of the SEZ rules.
Pune 4 Unit – Exports for the Financial ye ar 2019-20 and 2020-21 Ye ar/Pe riod Figure s as pe r APR (re vise d) Figure s as pe r Bond re giste r Diffe re nce if any (2- 3) Re ason for Diffe re nce /Re mark I/3374/2023 38
FY 2019-20 270.24 272.28 2.04 - Difference to the extent of INR 2.30 on account of credit notes issued during the year FY 2019-20 for which no SOFTEX has been filed
- Difference to the extent of INR 0.26 is due to DTA sales for which remittance has been received in foreign currency. The same has been reported as per Rule 53 of the SEZ rules.
FY 2020-21
1148.37 2052.73 -904.36 - Difference to the extent of INR 904.42 on account of credit notes issued during the year FY 2020-21 for which no SOFTEX has been filed
- Difference to the extent of INR 0.06 is due to DTA sales for which remittance has been received in foreign currency. The same has been reported as per Rule 53 of the SEZ rules.
b. Import :-
i. Capital Goods including procure me nt done on IUT (from SEZ,
EOU, STPI, EHTP) basis.
(INR
In Crores)
I/3374/2023
39
Ye ar/Pe riod Figure s as pe r APR (Re vise d) Figure s as pe r Customs Re cords / Bond Re giste r Diffe re nce if any Re ason for Diffe re nce /Re mark
First Block (Pe riod FY 2013-14 to FY 2017-18)
FY 2013-14 35.44 35.44 0 No difference FY 2014-15 46.97 46.97 0 No difference FY 2015-16 0.70 0.70 0 No difference FY 2016-17 4.96 4.96 0 No difference FY 2017-18 37.46 37.46 0 No difference
Se cond Block (Pe riod FY 2018-19 to FY 2022-23)
FY 2018-19 1.29 1.29 0 No difference FY 2019-20 87.84 87.84 0 No difference FY 2020-21 0.41 0.41 0 No difference FY 2021-22 4.99 4.99 0 No difference FY 2022-23 1.26 1.26 0 No difference
Pune 4 Unit – De tails of capital goods including procure me nt done on IUT (from SEZ, EOU, STPI, EHTP) basis for the FY 2019-20 and FY 2020-21
Ye ar/Pe riod
Figure s as
pe r APR
(Re vise d)
Figure s as
pe r
Customs
Re cords /
Bond
Re giste r
Diffe re nce
if any
Re ason for
Diffe re nce /Re mark
FY 2019-20
94.47
94.47
0 No difference
FY 2020-21
88.82
88.82
0 No difference
(b) Import
i. Raw mate rial – The unit has not importe d any raw mate rials
during the pe riod FY 2013-14 to FY 2022-23
c. BLUT
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40
(Rs. In Lakhs) 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 BLUT Executed
Bond executed at time of setup of SEZ unit having LOA number SEEPZ- SEZ/EKIPL-SEZ/BTCIPL/19/2012- 13/2459 dated 21 February 2013 = 1,213.98 Lakhs Additional Bond relating to addition of space and revision of projection for our LOA number SEEPZ-SEZ/EKIPL- SEZ/BTCIPL/19/2012-13/2459 dated 21 February 2013 executed for 25 July 2014 = 2,279.27 Lakhs Additional Bond relating to addition of space and revision of projection for our LOA number SEEPZ-SEZ/EKIPL- SEZ/BTCIPL/19/2012-13/2459 dated 21 February 2013 executed on 16 November 2016 = 693.40 Lakhs Additional Bond relating to addition of space and revision of projection for our LOA number SEEPZ-SEZ/EKIPL- SEZ/BTCIPL/19/2012-13/2459 dated 21 February 2013 executed on 24 January 2017 = 1,892.51 Lakhs Additional Bond relating to relocation of our Pune unit containing LOA Number SEEPZ-SEZ/EKIPL-SEZ/BTCIPL/19/2012- 13/2459 dated 21 February 2013 executed on 04 April 2019 = 16,673.75 Lakhs Additional Bond after Merger of Unit Pune 4 into Pune 3 having LOA Number SEEPZ- SEZ/EKIPL-SEZ/BTCIPL/19/2012- 13/2459 dated 21 February 2013 = 44,611 Lakhs I/3374/2023 41
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 estimated value and duty foregone separately for each category of procurement. (In crore) Financial Ye ar Goods Importe d & Indige nous goods Se rvice s
2013 - 2014 8.73
2014 - 2015 12.54
2015 - 2016 0.23
2016 - 2017 0.72
2017 - 2018 10.41
2018 - 2019 1.18 19.18 2019 - 2020 86.65 71.93 2020 – 2021 44.14 69.13 2021 – 2022 18.85 77.89 2022 -2023 11.17 102.63 Total 194.62 340.78 Please note that in the above table the unit has considered consumption of Pune 3 Unit having LOA number SEEPZ- SEZ/EKIPL-SEZ/BTCIPL/19/2012- 13/2459 dated 21 February 2013 and Pune 4 containing LOA Number SEEPZ- SEZ/KRC/BGSCPL/01/2018-19/422 dated 11 October 2018 as the Pune 4 unit was merged in Pune 3 Unit in Financial Year 2020-2021 vide approval no. SEEPZ- SEZ/EKIPL-SEZ/BTCIPL/19/2016- 17/VOL-V/310 dated 30 March 2021. I/3374/2023 42
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) Year-wise employment details Financial Ye ar Me n Wome n Total 2013 - 2014 929 138 1067 2014 - 2015 905 194 1099 2015 - 2016 1411 295 1706 2016 - 2017 2085 559 2644 2017 - 2018 2442 616 3058 2018 - 2019 3530 1120 4650 2019 - 2020 2542 859 3401 2020 - 2021 2615 854 3469 2021 - 2022 8881 3862 12743 2022 - 2023 9110 4781 13891
(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. NIL From Financial Year 2013-2014 to Financial 2022-2023, the unit has received all foreign remittances are the same has been received within the permissible period. Further, as on date there are no pending foreign remittances. I/3374/2023 43
(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. As per the Units submission it is Yes. It is informed that the SOFTEX forms filed for the following periods are not found online:
- July 2019 to July 2020;
- December 2020 to July 2021; and
- September 2021 to October 2021;
Other than above all SOFTEX forms have been filed within the prescribed time period from FY 2013-14 till FY 2022-23 (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. The unit has submitted all SOFTEX forms till date. However, the SOFTEX forms filed for the following periods are not found online: 4. July 2019 to July 2020; 5. December 2020 to July 2021; and 6. September 2021 to October 2021; The Unit submitted that the request IDs generated on the SEZ online portal for these SOFTEX forms which are pending with a user ID which is not currently active. The same have not been allocated to the login ID of this office. Accordingly, the unit has reached out to the SEZ online team (NSDL) to re- allocate these request IDs. (h) Whether unit has filed any request for Cancellation of Softex There were no transactions within the monitoring period for which softex cancellation request has been submitted. I/3374/2023 44
(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) The unit has given below year wise summary of services provided to DTA units (INR in crores) Financial Ye ar Taxable Value Duty in Rs. 2013 - 2014
2014 - 2015
2015 - 2016
2016 - 2017 0.63 0.11 2017 - 2018
2018 - 2019
2019 - 2020
2020 - 2021
2021 - 2022
2022 - 2023
(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
The unit has given below a year wise
summary of duty paid against goods
cleared within the monitoring
period
Financial Ye ar
Taxable Value
(INR in crore s)
2013 – 2014
2014 – 2015
2015 – 2016
2016 – 2017
2017 - 2018
2018 – 2019
2019 - 2020
2020 - 2021
2021 - 2022
2022 - 2023 3.29
I/3374/2023 45
(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. The unit has not yet started filing DSPFs on online NSDL portal. In view of this they have been communicated by this office to file the DSPFs for services procured during the monitoring period. The Unit has assured for filing of the same on the SEZ online portal and will complete the same as soon as possible. (m) Whether unit has filed all DTA procurement forms w.r.t. the goods procured by them during the monitoring period for the relevant period. If no, details thereof The unit has filed all DTA procurements on SEZ online portal for the monitoring period and there are no pending DTA procurements which are to be reported. (n) Details of the request IDs pending for OOC in respect of DTA procurement on the date of submission of monitoring report Currently, the unit does not have any OOC pending for DTA procurements.
I/3374/2023 46
(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 SEZ unit has taken approval for setting up a cafeteria / canteen / food court in their premises vide approval no. SEEPZ- SEZ/NEWSEZ/KRC/BGSCPL/01/2018- 19/1369 dated 08 April 2019. The unit has availed duty paid goods for setting up the cafeteria in their premises. Further, post approval no invoices are received from the cafeteria vendor, the vendor is appointed by BGSC free of charge and vendor directly charges to employees of BGSC for services provided to them. (p) Whether any violation of any of the provisions of law has been noticed / observed by the Specified Officer during the period under monitoring No. ADC’s obse rvations:
The Unit has achieved export revenue of Rs. 2403.05 Crore s as against projected export of Rs. 2375.17 Crore s (which is 101.17%) and achieved cumulative NFE of Rs. 2242.79Crores which is 93.33 % in 1st block period i.e. during FY 2013-14 to FY 2017-18.
The Unit has achieved export revenue of Rs. 14011.71 Crores as against the projected export of Rs. 14661.39 ( which is 95.57 %) Crores and achieved cumulative positive NFE of Rs. 11399.75 Crore s which is 81.36% in 2nd Block pe riod i.e . in FY 2018-19 to FY 2022-23.
The Unit has achieved employment of 13891 employees (Men-9110, Women-4781)as on 31.03.2023 The Unit has not filed DSPF for the services procured during the monitoring period. The Unit has assured for filing of the same on the SEZ online portal and will complete the same as soon as possible. I/3374/2023 47
It is observed that the unit has provided services in DTA against the payments received in INR as detailed below: Year DTA Sale in INR Amount in Crores 2016-17 0.63
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.” The Unit has received payment in INR instead of Foreign Currency, hence contravened the provision of Section 2(z)(iii) of SEZ Act, 2005. If agreed by the Approval Committee, SCN may be issued. Unit has not correctly mentioned the import data for FY 2022-23 and hence needs to revise their APR. Approval Committee may monitor the performance of the Unit, in terms of Rule 54 of SEZ Rules, 2006 for the following period 1st Block Period i.e FY 2013-14 to FY 2017-18 and 2nd Block i.e. FY 2018-19 to 2022-23
I/3374/2023 48
GOVT. OF INDIA, OFFICE OF THE ZONAL DEVELOPMENT COMMISSIONER, SEEPZ – SEZ (PUNE CLUSTER)
AGENDA NOTE FOR CONSIDERATION OF THE APPROVAL COMMITTEE
a. Proposal: - Applications submitted by M/s. DISYS India Technologies Pvt. Ltd.located at M/s. KRC Infrastructure and Project Pvt. Ltd. and M/s. Gera Resort Pvt. Ltd. for Change in Name of Company and appointment of one Director.
b. Specific Issue on which decision of Approval committee is required: -
Approval of the Unit Approval Committee for Change in Name of SEZ Unit
and appointment of one Director in terms of Instruction No. 109 dated
18.10.2021, as detailed below:
Change in Name of SEZ Unit: Name before Change Name After Change M/s. DISYS India Technologies Pvt. Ltd. M/s. Dexian India Service Pvt. Ltd
List of Directors as on 14.12.2023.
Sr. No. Name of the Director Designation DIN Date of Appointment 1. Kumar Rajagopalan Director 03119315 25.11.2021 2. Mahfuz Ahmed Director 03544568 25.11.2021 3. Maruf Ahmed Director 03612830 25.11.2021 4. Nath Nirmal Nath Director 05102262 18.08.2023
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 going concern. All liabilities of the Developer/Co-Developer/Unit shall remain unchanged on such reorganization.” … d. Other Information: - • The Developer was granted Formal Approval Letter No. SEEPZ-SEZ/NEW- SEZ/KRC-SEZ/DITPL/08/2022-23 Dated 12.07.2022 The Unit has submitted following documents:
-
Certificate of Incorporation pursuant to change of name from Ministry of Corporate Affairs date 18.09.2023. File No.S-SEZ-PRO0KRCG/5/2022-JDCP I/3367/2023 343
-
Copy of LOA
-
Copy of Ministry of corporate affairs certificate
-
Copy of Board Resolution
-
DIR-12 in r/o newly appointed Director Mr. Nath Nirmal Nath
-
Copy Master Data of the Company
-
Copy of List of Directors as on 14.12.2023 Reason for the change in name of Company: The Unit has informed that, the reason for the change of name of the Company is a global re-branding exercise Further, they wish to state that this is only a name change and there is no Merger, amalgamation, or de-amalgamation of the company. Unit also stated that there is no change in the shareholding pattern. In addition to Change in Name of the Company, the Unit has also stated that Mr. Nirmal Nath has been appointed as a Director of the Company with effect from 18th of August 2023.
e. ADC’s Recommendations:
•
Approval Committee may consider the proposal of Developer for Change in
Name of the company and appointment of one Director, in terms of
Instruction no. 109 issued by MOC&I.
File No.S-SEZ-PRO0KRCG/5/2022-JDCP I/3367/2023 344
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