Agenda for Approval Committee meeting for SEZ Pune Cluster to be held on 09 February 2024 — 05-5embassy-pune-techzone-pvt-ltd-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. EMBASSY PUNE TECHZONE PVT. LTD.-SEZ
DATE : 09.02.2024
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 09.02.2024
INDEX
Agenda Item No.
Subject
Agenda Item No. 01: - Confirmation of the Minutes of the meeting held on 18.12.2023 Agenda Item No. 02: - Application for Approval of leasing out built up space to vendor for setting up EV vehicle charging station facility submitted by M/s. Embassy Pune TechZone Pvt Ltd. (Developer) Agenda Item No. 03: - Monitoring of performance of M/s. LTIMindtree Ltd. Agenda Item No. 04: - Application for Approval of change in Board of Directors submitted by M/s. Mercedes- Benz Research and Development India Pvt. Ltd.
GOVT. OF INDIA, OFFICE OF THE DEVELOPMENT COMMISSIONER, SEEPZ-SEZ (PUNE CLUSTER)
AGENDA NOTE FOR CONSIDERATION OF THE APPROVAL COMMITTEE
a. Proposal:
Application submitted by M/s. Embassy Pune TechZone Pvt. Ltd-SEZ (Developer). located at Plot No.03, Rajiv Gandhi Infotech Park, Phase-II, Hinjewadi, Pune-411 057, for approval to lease out the space to vendor for setting up EV vehicle charging station facility in SEZ premises.
b. Specific issue on which decision of Approval Committee is required:
• Approval of the committee to lease out the space to vendor for setting up EV vehicle charging station facility in SEZ premises, as detailed below, in terms of Rule 11 (5) of SEZ Rules, 2006, as detailed below:
Sr. No. Name of the Vendor Activity Location Area. 1 M/s. Reliance BP Mobility Ltd. To set up EV vehicle charging station Block No. 2, Mississippi, Ground Floor, Parking 320 sq.ft
c. Relevant Provision: As per Rule 11 (5) of SEZ Rules, 2006
“(5) The land or Build up space in the processing area or Free Trade and Warehousing Zone shall be given on lease only to the entrepreneurs holding valid Letter of Approval issued under Rule 19 and [the lese period shall not be less than five years but notwithstanding any other condition in the lease deed, the lease rights would cease to exist in case of the expiry or cancellation of the Letter of Approval:]
PROVIDED that the Developer may, with the prior approval of
the Approval Committee, grant on lease land or built-up space, for creating facilities such as canteen, public telephone booths, first aid centres, creche and such other facilities as may be required for the exclusive use of the Unit.
d. Other information:
• M/s. Embassy Pune TechZone Pvt. Ltd., located at Plot No.03, Rajiv Gandhi Infotech Park, Phase-II, Hinjewadi, Pune-411 057 India has been granted Formal Approval bears No. F.2/365/2006-SEZ dated 25.06.2007
• Further, The Developer has submitted that: The services will be utilized by all their units’ and developers’ employees. File No.S-SEZ-PRO0EPTP/8/2022-JDCP
A retail operator/ vendor will not avail any direct or indirect tax benefits available under the SEZ scheme • The Developer has enclosed following document: Online Application No. 422400041674 Service provider request letter dated 02.02.2024 Embassy Pune TechZone Pvt Ltd. Space availability confirmation letters dated 02.02.2024 Copy of Fire NOC Approval dated 29.01.2019 Copy of Form B dated 05.01.2024 Copy of CIN M/s. Reliance BP Mobility Ltd. Copy of PAN Card of M/s. Reliance BP Mobility Ltd e. ADC’s observation:
• The committee may kindly consider the proposal of the Developer for approval to lease out the space to vendor for setting up retail facility in SEZ premises., in terms of Rule 11 (5) of SEZ Rules, 2006. File No.S-SEZ-PRO0EPTP/8/2022-JDCP
GOVT. OF INDIA, OFFICE OF THE ZONAL DEVELOPMENT COMMISSIONER, SEEPZ – SEZ (PUNE CLUSTER)
AGENDA NOTE FOR CONSIDERATION OF APPROVAL COMMITTEE
a) Proposal: Monitoring of the performance of M/s. LTIMindtree Ltd. an IT/ITES unit located in Embassy Pune TechZone Pvt. Ltd-SEZ, Pune, for 4 years from 2019-20 to 2022-23 of 1st Block period. b) Specific Issue on which decision of UAC is required: Monitoring of the performance of the unit for 4 years from 2019-20 to 2022- 23 of 1st 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”. A. Approved Projections: (1st block Period)
(Rs. In Cr.)
2019-20 1st Year 2020-21 2nd Year 2021-22 3rd Year 2022-23 4th Year 2023-24 5th Year TOTAL FOB Value of Exports 0.46 28.73 76.61 124.49 172.37 402.65 FE Outgo 0.91 2.86 7.37 14.38 17.03 42.55 NFE -0.45 25.87 69.23 110.11 155.34 360.11
B. Performance as compared to projections: FY 2021-22 to 2022-23 (Rs. In Cr.) Year Export F.E. OUTGO
Projected
Actual Raw Material (Goods/Services) C.G. import Other outflow Projected Actual Projected Actual Actual 2019-20 0.46 0.46 0.00 0.00 6.32 0.88 0.03 2020-21 28.73 4.05 -0.15 0.18 2021-22 76.61 63.55 -0.09 3.12 2022-23 124.49 106.53 0.13 2.78 Total 230.29 174.59 0.00 0.00 6.32 0.77 6.11 1 File No.S-SEZ-MONT0EPTP/1/2024-JDCP
C.
Cumulative NFE achieved:
(Rs. in Cr.)
Year
Cumulative NFE Achieved
Cumulative % NFE Achieved
2019-20
0.34
73.75
2020-21
4.14
91.63
2021-22
64.50
94.76
2022-23
168.17
96.33
(d) Other Information:
LOA No. & Date
SEEPZ-SEZ/EOPPL-
SEZ/L&T/289/2019-20/2000 dated
30.08.2019
Location of Unit
4th & 5th Floor, Nile Building, Embassy
Pune TechZone Pvt. Ltd.-SEZ, Plot No
03A, RGIP, Hinjewadi, Phase-II, Pune-
411057
Validity of LOA
19.01.2025
Item(s) of manufacture/ Services
IT & ITES
Date of commencement of production
20.01.2020
Execution of BLUT
Rs.61.95 Cr.
Outstanding Rent dues
NA
Labour Dues
NA
Validity of Lease Agreement
10 years
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
252 (Men-174, Women-78)
Area allotted (in sq.ft.)
85,400Sq.ft
Area available for each employee per
sq.ft. basis (area / no. of employees)
338.88 Sq. Ft.
Investment till date
Building
NA
Plant & Machinery
0.36 Crore
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
Yes
2
File No.S-SEZ-MONT0EPTP/1/2024-JDCP
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. The Specified Officer report vide letter dated 02.02.2024 has reported as detailed below: a. Details of year-wise Exports are as under: For 2019-20 and 2022-23 of 1st Block period (Rs. In Cr.) Year/Per iod Figures as per APR (In Lakh) Figures as per Softex/SB / Customs Records (In Lakhs) Difference if any (In Lakhs) Reason for Difference/Rema rk (1) (2) (3) (4) (5) 2019-20 0.46 3.07 -2.61 (-2.61) Credit Notes Issued 2020-21 4.05 4.03 0.02
- (+00.06) Difference on account of Exchange rate
- (-00.04) Credit notes issued 2021-22 63.55 62.62 0.93
- (+00.49) Difference on account of Exchange rate
- (-00.21) Credit Notes Issued
- (+00.65) Onsite Services 2022-23 106.53 105.76 (00.77)
- (+00.79) Difference on account of Exchange Rate
- (-00.45) Credit Notes issued
- (+00.43) onsite
services
b. Import
(Capital Goods including procurement done on IUT (from SEZ, EOU, STPI, EHTP)
basis.
(Rs. In Lakhs)
Year/Period Figures as per APR (In Lakhs) Figures as per Customs Records / Bond Register (In Lakhs) Difference if any Reason for Difference/Remark 2019-20 0.88 0.84 0.04
3 File No.S-SEZ-MONT0EPTP/1/2024-JDCP
2020-21 0.72 0.00 0.72 * 2021-22 0.64 0.00 0.64 * 2022-23 0.77 0.13 0.64 ** *2019-20- 0.88 Crore is the cumulative net CIF value after amortization from 2019- 20, whereas the 0.84 Crore as on date for the FY 2019-20 *2020-21- 0.72 Crore is the cumulative net CIF value after amortization from 2019- 20 & 2020-21, whereas the 0.00 Crore as on date for the FY 2020-21 *2021-22- 0.64 Crore is the cumulative net CIF value after amortization from 2019- 20 to 2021-22, whereas the 0.00 Crore as on date for the FY 2021-22 **Rs.0.77 Crore is cumulative net CIF value after amortization from 2019-20 to 2022-23, whereas the Rs. 0.13 Crore is the value only for FY 2022-23 (C) BLUT (Rs. In Cr) 1 Value of BLUT Executed (Duty foregone) (including for CG / Raw Material / Services) TOTAL Duty value of BLUT Executed Bond Balance FY. 2019-2020 F. No. SEEPZ-SEZ/SERUM- PUNE/04/2006-07/VOL-II/2162 Dated 17-10-2019. Rs. 68.63 Rs. 61.95 2 Total Duty Foregone on goods & services procured. Category Wise: Year Wise (Rs. In Cr) F.Y. Goods Services Imp. & Ind. 2019-2020 0.69 0.66 2020-2021 0.29 1.65 2021-2022 0.04 1.51 2022-23 0.16 1.54 Total 1.18 5.36 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 No 4 File No.S-SEZ-MONT0EPTP/1/2024-JDCP
BLUT (d) Employment made as on date (as on end of block period / year up to which monitoring is being done) FY 2022-23 Men: 174 Women: 78 Total:252 (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. No Foreign Remittance
is pending. (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. All Softex have been filed. (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 Certified (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 (k) 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: FY A.V. Duty Payable 2019- 2020 Nil Nil 5 File No.S-SEZ-MONT0EPTP/1/2024-JDCP
2020- 2021 Nil Nil 2021- 2022 Nil Nil 2022- 2023 Nil Nil TOTAL Nil Nil (l) 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 (m) 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. All the DSPF for Service procured during the period from 2019-2020 to 2022-23 has been filed by the Unit and has been approved by the SO office. (n) 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 (o) Details of the request IDs pending for OOC in respect of DTA procurement on the date of submission of monitoring report NIL (p) 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. Yes, The SEZ Unit have cafeteria in Unit and approval is taken from UAC. F. No. SEEPZ-SEZ/L&T/29/2019- 6 File No.S-SEZ-MONT0EPTP/1/2024-JDCP
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 20/304 Dated 30-03-2021. (q) Whether any violation of any of the provisions of law has been noticed / observed by the Specified Officer during the period under monitoring Nil (e) ADC’s observations: The unit in FY 2022-23 of 1st block period has achieved export revenue of Rs.174.59 Cr. on cumulative basis against the projected export of Rs. 230.29 Cr. i.e., 75.81% The unit has achieved positive NFE of Rs. 168.17 Cr. in FY 2022-23 on cumulative basis i.e., 96.33% As per SO report the unit has achieved employment of 252 employees (Men- 174, Women-78) Approval committee may kindly monitor the performance of the Unit for 4 years from 2019-20 to 2022-23 of 1st Block period, in terms of Rule 54 of SEZ Rules, 2006. 7 File No.S-SEZ-MONT0EPTP/1/2024-JDCP
GOVT. OF INDIA, OFFICE OF THE ZONAL DEVELOPMENT COMMISSIONER, SEEPZ – SEZ (PUNE CLUSTER)
AGENDA NOTE FOR CONSIDERATION OF APPROVAL COMMITTEE
a. Proposal: Application filed by M/s. Mercedes-Benz Research and Development India Pvt. Ltd., located at Embassy Pune TechZone Pvt. Ltd.-SEZ, for approval of Change in Board of Directors.
b. Specific Issue on which decision of Approval Committee is required: Approval of the committee for Change in Board of Directors in terms of Instruction No.109 dated 18.10.2021, issued by MOC&I. as detailed below:
List of existing Board of Directors:
Sr. No Name of Directors Designation Appointment Date Resignation Date 1. Manu
Ramachandra Saale CEO and Managing Director 01.04.2014
2 Mahesh
Nandkumar Medhekar Wholetime Director 05.12.2017
Jan Henrik Florian Brecht Director 05.12.2017
Torsten Eder Director 23.09.2022
Sven Magnus Obsterg Director 23.09.2022
Christian Klann Director 18.08.2021 01.03.2023
Proposed list of Board of Directors:
Sr. No Name of Directors Designation Appointment Date 1. Manu Ramachandra Saale CEO and Managing Director 01.04.2014 2 Mahesh Nandkumar Medhekar Wholetime Director 05.12.2017 3. Jan Henrik Florian Brecht Director 05.12.2017 4. Torsten Eder Director 23.09.2022 5. Sven Magnus Obsterg Director 23.09.2022 6. Ulf. Nestler Director 03.08.2023
c. Relevant provisions:
Instruction no. 109 dated 18.10.2021 issued in supersession of Instruction No.
File No.S-SEZ-PRO0EPTP/11/2022-JDCP
89& 90 dated 17.05.2018, 03.08.2018 respectively, issued by SEZ Section, Department of Commerce and Industry, Government of India,
“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 re-organization.”
d. Other Information: • M/s. Mercedes-Benz Research and Development India Pvt. Ltd. Company was granted LOA No.SEEPZ-SEZ/PEPPL-SEZ/MBRDIPL/18/2014-15/5297 dated 25.03.2015 • Location: 4th to 6th Floor, Wing B, Congo Building, Block 1.3, Embassy Pune TechZone Pvt. Ltd.-SEZ, Plot No. 03, RGIP, Hinjewadi, Phase-II, Pune-411 057 • DCP: 01.07.2015 • LOA valid upto: 30.06.2025 • Reason for change Board of Directors
.: The unit has informed that, Christian Klann, Director has resigned on 01.03.2023 and Ult Nestler has been appointed as Director on 03.08.2023, hence there is a change in Board of Directors. • The Unit has submitted the following documents with the application: Copy of DIR-12 for Torsten Eder and Sven Magnus Obsterg, Ulf Nestler Copy of IDR-12 for Christian Klann, Director who has resigned w.e.f. 01.03.2023 Copy of Passport for Torsten Eder and Sven Magnus Obsterg, Ulf Nestler Undertaking for following terms and conditions of Instruction No. 109 Undertaking for taking responsibility of arising any liabilities in future against the outgoing director. • Further, the unit has submitted that, due to internal audit and calendar year & financial year end closure, the company missed to submit the change of Director details of Torsten Eder and Sven Magnus Obsterg. Accordingly, the unit has requested to condone the delay in intimation of change in Board of Directors. Further, the unit has submitted that, they are actively performing at Embassy-SEZ with positive NFE and complying all the SEZ provisions.
e. ADC observation:
• Approval committee may kindly consider the proposal for change in Board of directors, in terms of Instruction No. 109 dated 18.10.2021, issued by MOC&I
File No.S-SEZ-PRO0EPTP/11/2022-JDCP
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