Agenda for Approval Committee meeting for SEZ Pune Cluster to be held on 29 February 2024. — 07-8-qubix-business-park-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. QUBIX BUSINESS PARK PVT. LTD.-SEZ
DATE : 29.02.2024
TIME : 12:00 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 29.02.2024 INDEX
Agenda Item No.
Subject Agenda Item No. 01: Confirmation of the Minutes of the meeting held on 09.02.2024 Agenda Item No. 02: Monitoring of Performance for M/s. Saama Technologies India Pvt Ltd. Agenda Item No. 03: Application for approval of Change in Shareholding Pattern submitted by M/s. Dell International Services India Pvt Ltd. Agenda Item No. 04: Application for approval of Change in Nominee of designated partner submitted by M/s. AckzoNobel Global Business Services LLP.
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 Saama Technologies (India) Pvt. Ltd., an IT/ITES unit located at Qubix Business Park Pvt. Ltd. SEZ, Blue Ridge Township, Near Rajiv Gandhi Infotech Park, Hinjewadi, Phase I, Pune for FY 2018-19 to FY 2021-22 i.e. 5 years of 2nd Block period. b) Specific Issue on which decision of Approval Committee is required: Monitoring of the performance of the unit for 5 years of 2nd Block period i.e. FY 2018-19 to FY 2021-22, 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) Performance as compared to projections for 5 years of 2nd Block period FY 2018-19 to FY 2022-23 (i) Approved Projections (Rs. In Crores)
2018-19 2019-20 2020-21 2021-22 2022-23 TOTAL FOB Value of Exports 88.00 90.00 131.15 144.26 158.69 612.10 FE Outgo 0.90 0.92 3.37 6.30 7.23 18.72 NFE 87.10 89.08 127.78 137.96 151.45 593.38 (II) Performance as compared to projections: FY 2018-19 to FY 2022-23
(Rs. In Crores) Year Export F.E. OUTGO Projected Actual Raw Material (Goods/Services) C.G. import Other outflow Projecte d Actual Projecte d Actual Actual 2018- 19 88.00 101.61
19.59 0.55 0.00 2019- 20 90.00 115.54
2.82 0.00 2020- 131.15 135.28
3.37 0.00 File No.S-SEZ-MONT0QBXP/21/2022-JDCP
21 2021- 22 144.26 183.27
6.77 0.00 2022- 23 158.69 279.94
0 0.00 Total 612.10 815.64
19.59 13.51 0.00 (III) Cumulative NFE achieved: FY 2018-19 to FY 2022-23
(Rs. In Crores) (IV) Employment Achievement (Direct): FY 2022-2023
The Unit has achieved employment of 1203 employees (Men-806, Women-397)
in 5th year of the 2nd Block period
(d) Other Information:
LOA No. & Date
SEEPZ/NTPL-SEZ/STIPL/34/2013-
14 Dated 19.12.2013
Location of Unit
6th Floor IT-4 Building & 10th IT-8
Building, Qubix Business Park Pvt.
Ltd.-SEZ, Blue Ridge Township, near
Rajiv
Gandhi
Infotech
Park, Hinjawadi, Phase I, Pune – 411057 Validity of LOA 17.02.2024 Item(s) of manufacture/ Services IT/ITES Date of commencement of production 18.02.2014 Execution of BLUT 06.07.2019 Outstanding Rent dues NA Labour Dues NA Validity of Lease Agreement
Pending CRA Objection, if any NA Pending Show Cause Notice/ Eviction Order/Recovery Notice/ Recovery Order issued, if any NA a) Projected employment for the block period Year Cumulative NFE Achieved Cumulative % NFE Achieved 2018-19 101.38 99.78 2019-20 216.42 99.66 2020-21 350.86 99.55 2021-22 532.62 99.42 2022-23 811.04 99.43
b) No. of employees as on 31.03.2023 1203 employees (Men-806, Women- 397) Area allotted (in sq.ft.) 46695 Sq.ft Area available for each employee per sq.ft. basis (area / no. of employees) 38.81 Sq.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 his report dated 27.02.2024 has reported that
SEZ Unit has submitted the following
(a) Details of year-wise export as per the prescribed format:
For the year 2018-2019 to 2022-2023
Year/
Period
Figures
reported in
APR (FOB
Value) (In
Rupees In
Cr.)
Figures as
per Sofex /
Customs
Records (In
Rupees In Cr.)
Difference,f
if any (In
Rupees In
Cr.)
Reason for Difference / Remarks
2018-19
101.61
101.79
(-) 0.18
Due to exchange rate variaton
2019-20
115.54
116.21
(-)0.67
Due to exchange rate variaton
2020-21
135.28
134.96
0.32
Due to exchange rate variaton
2021-22
183.27
183.20
0.07
Due to exchange rate variaton
2022-23
279.94
281.24
(-)1.30
Due to exchange rate variaton
(b) Import
(i)
(Capital Goods including procurement done on IUT (from SEZ,f EOU,f STPI,f EHTP) basis:
From the year 2018-2019 to 2022-2023 (In Crores)
Year/
Period
Figures as per
Revised APR(In
Rupees In Cr.)
Figures as
per SEZ
Online /
Customs
Records (In
Rupees In
Cr.)
Difference,f
if any
(In Rupees
In Cr.)
Reason for Difference / Remarks
2018-19
0.00
0.49
0.49
The unit has procured capital
goods on lease basis and fle BOE
for the same.
The said
procurement were not considered
as import in APR. Therefore,f the
difference is on account of the
same.
2019-20
0.00
2.81
2.81
2020-21
0.00
3.37
3.37
2021-22
0.00
6.77
6.77
2022-23
0.00
0.00
0.00
(c ) BLUT
1
Value of BLUT Executed (Duty foregone)
(including for CG / Raw Material /
Services)
Value of Additonal BLUT executed
Year: Date of acceptance
BLUT amount: TOTAL value of BLUT Executed TOTAL BLUT Rs. 18.67 Cr. 2 Total Duty Foregone on goods & services procured (Category-wise BLUT value utlized separately for imported and indigenous goods and services) This should be based on BLUT worksheet which provides for estmated value and duty foregone separately for each category of procurement. In Crore Year- wise Goods Imported & indigeno us Services Imported and Indigenou s 2018- 19 0.11 2.03 2019- 20 0.52 2.62 2020- 21 0.61 1.66 2021- 22 1.24 2.57
2022-
23
0.0061
4.11
Total
2.48
13.00
3.
Has the Unit procured goods and or
services without having sufcient
balance in their BLUT.
If yes,f
Month & year when the BLUT was
exhausted
Details of the consignments and Total
value of Goods procured without having
sufcient or nil balance in BLUT
No
(a)
Employment made as on date (as on end
of block period / year up to which
monitoring is being done)
As on 31st March,f 2023:
Man: 806
Woman: 397
Total:
1203
(b)
Details of pending Foreign Remitance
beyond Permissible period,f if any
(as on 31.03.2023)
To cross-check the same and verify
whether necessary permission from AD
Bank / RBI has been obtained.
No
(c)
Whether all sofex has been fled for the
said period. If no,f details thereof.
SO to also check whether unit has
obtained Sofex condonaton from DC
ofce / RBI and if approved,f whether
they have fled such pending Sofex.
Yes. All the sofex during the period
under consideraton have been fled and
the same have been approved
(d)
Whether all Sofex has been certfed,f if
so tll which month has the same been
certfed. If not,f provide details of the
Sofex and reasons for pendency.
Sofex has been certfed only tll Dec 23
(e)
Whether unit has fled any request for
Cancellaton of Sofex
No
(f)
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,f details thereof (year wise details
to be provided)
Year
In Rupees
2018-19
23,f92,f494/-
2019-20
3,f55,f000/-
2020-21
3,f70,f500/-
2021-22
72,f400/-
2022-23
9,f61,f080/-
Total 41,f51,f474/- (g) SO to verify and certfy whether the unit has updated the BLUT ledger Module in SEZ Online. As per Ofce Order No. 02/2023 dated 16.03.23,f uploading of BLUT online is kept in abeyance. (h) Has the unit cleared any Capital Goods procured duty free in DTA against payment of Duty,f or otherwise? Full details to be provided along with value of assets and duty discharged. Details of goods (e-waste) cleared in DTA is as under (In Crore) Year Value in Rs. Duty in Rs. 2018-19 0.04 0.01 2021-22 0.33 0.10 2022-23 0.51 0.15 (i) Is the unit sharing any of their infrastructure with other units or are utlizing infrastructure of another unit in the same or other SEZ? If so,f details thereof,f including the details of the unit with whom the sharing is being made,f and the payment terms If approval for sharing of common infrastructure has been obtained from UAC / DC ofce,f the date of UAC / Approval leter to be indicated No (j) Whether all DSPF for services procured during the said monitoring period under consideraton has been fled by the unit and whether the same has been processed for approval by the SO Ofce. No (k) Whether unit has fled all DTA procurement w.r.t. the goods procured by them during the monitoring period for the relevant period. If no,f details thereof Yes (l) Details of the request IDs pending for OOC in respect of DTA procurement on the date of submission of monitoring report No. (m) Has the unit set up any cafeteria / canteen / food court in unit premises? If yes,f whether permission from UAC / DC ofce has been issued,f or otherwise ofce has been issued,f or otherwise Whether unit has availed any `duty paid goods / services for setng up such No
facility? If yes,f whether unit has discharged such duty / tax beneft availed? details to be given including amount of duty / tax recovered or yet to be recovered (n) Whether any violaton of any of the provisions of law has been notced / observed by the Specifed Ofcer during the period under monitoring SCN to be issued to the unit for supplying services in Indian Rupees in DTA (e) ADC’s observations: The unit has provided services in DTA against the payments received in INR as detailed below: Year In Rupees 2018-19 23,92,494/- 2019-20 3,55,000/- 2020-21 3,70,500/- 2021-22 72,400/- 2022-23 9,61,080/- Total 41,51,474/- 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 Organization concluded at Marrakesh 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. The Unit has achieved export revenue of Rs. 815.64 Crores as against projected export of Rs. 612.10 Crores i.e. 133.25% in 05th year of 2nd Block period i.e FY 2018-19 to 2022-23. The unit has achieved positive NFE of Rs. 811.04 Crores in the fifth year of 2020-21 on cumulative basis. i.e. 99.43%. As per SO report the unit has 1203 employees (Men-806, Women-397) as on 31.03.2023 i.e. FY 2022-23. Approval Committee may Monitor the performance of the unit for FY 2018- 19 to FY 2022-23 i.e. 5th year of 2nd Block Period, in terms of Rule 54 of SEZ Rules, 2006.
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. Dell International Services India Pvt. Ltd., an IT/ITES unit located in Qubix Business Park Private Limited – SEZ for Change in Shareholding pattern.
b. Specific Issue on which decision of Approval Committee is required: -
Approval of the Committee for Change in Shareholding pattern of M/s. Dell
International Services India Pvt. Ltd. in terms of Instruction No. 109 dated
18.10.2021, as detailed below:
I. Shareholding Pattern:
Existing Shareholding Pattern : Sr. No. Name of Shareholders Class of Shares No. of Shares held Paid up Share capital Percentage of Holding
- Dell Global B.V. Equity shares of Rs. 2/- each 72,303,644 144,607,288 62.99543
- Dell International L.L.C Equity shares of Rs. 2/- each 36,200,126 72,400,252 31.53980
- Dell International Holdings VIII B.V. Equity shares of Rs. 2/- each 16 32 0.00001
- Dell Marketing L.P. Equity shares of Rs. 2/- each 26,179 52,358 0.02281
Dell Marketing Corporation Equity shares of Rs. 2/- each n Equity shares of Rs. 2/- each 6,246,056 12,492,112 5.44195 6. EMC Corporation
- EMC (BENELUX) B.V.
114776021 229552042 100
File No.S-SEZ-PRO0QBXP/31/2022-JDCP
Proposed Shareholding Pattern : Sr. No. Name of Shareholders Class of Shares No. of Shares held Paid up Share capital Percentage of Holding
- Dell Global B.V. Equity shares of Rs. 2/- each 72,303,644 144,607,288 62.55071
- Dell International L.L.C Equity shares of Rs. 2/- each 36,200,126 72,400,252 31.31714
- Dell International Holdings VIII B.V. Equity shares of Rs. 2/- each 16 32 0.00001
- Dell Marketing L.P. Equity shares of Rs. 2/- each 26,179 52,358 0.02265
Dell Marketing Corporation Equity shares of Rs. 2/- each n Equity shares of Rs. 2/- each 6,246,056 12,492,112 5.40353 6. EMC Corporation Equity shares of Rs. 2/- each 816006 1632012 0.705 7. EMC (BENELUX) B.V. Equity shares of Rs. 2/- each 19 38 0.00002
115592046 231184092 100
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: - • M/s. Dell International Services India Pvt. Ltd. has submitted application for LOA No. SEEPZ/NTPL-SEZ/ESASIPL/37/2014-15/4466 dated 10.04.2014 • The Unit has submitted the following documents: File No.S-SEZ-PRO0QBXP/31/2022-JDCP
• Copy of List of shareholders of the unit • Copy of List of Board of directors • Form DIR – 12 of the Directors • Copy of LOA • Copy of Certified True Extract of Board Resolution • List of Allottees
d. ADC’s Recommendation:
Approval Committee may kindly consider the proposal of Unit for Change in Shareholding pattern to M/s. Dell International Services India Pvt. Ltd. in terms of Instruction no. 109 issued by MOC&I.
File No.S-SEZ-PRO0QBXP/31/2022-JDCP
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. AkzoNobel Global Business Services LLP located at 4th Floor, IT-5 Building, Qubix Business Park Private Limited, Plot No. 2, Rajiv Gandhi Infotech Park, Phase-I, Hinjewadi, Pune 411 057 for Change in Nominee of designated Partner in accordance to Instruction No. 109 of MOC&I.
b. Specific Issue on which decision of Approval Committee is required: - Approval of the Committee for Change in Nominee of designated Partner, in terms of Instruction No. 109 dated 18.10.2021, as detailed below:
Existing List of Nominee of designated Partner: Sr. No. Name of the Nominee of designated Partner Designation Date
of Cessation Date
of appointment 1. Mr. Deepak Malkani Designated Partner
26.08.2021 2. Mr. Sandeep Poddar Designated Partner 03.03.2023
Proposed Summary of change in Nominee of designated Partner: Sr. No. Name of the Nominee
of designated Partner Designation Date
of appointment Capital Contri- bution (Amt.in Rs.) Capital Contribution %age.
- Mr.
Deepak Malkani Designated Partner 26.08.2021 172000000 50% 2. Mr. Satish Kumar Designated Partner 03.03.2023 172000000 50%
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 File No.S-SEZ-PRO0QBXP/44/2022-JDCP
remain unchanged on such reorganization.”
d. Other Information: - • M/s. AkzoNobel Global Business Services LLP has submitted application for following LOA No. LOA No. SEEPZ/QBPPL-SEZ/ANGBS/62/2017-18/25971 dt. 20.12.2017 (Original LOA) • Unit has submitted following documents: Copy of Board resolution for appointment and resignation of nominee of Designated Partner. Form 4 for change in nominee Designated Partners along with its challan. Copy of all Letter of Approval. CA/CS certified list of contributories & Designated Partners before and after in the Partners/Designated Partners. Initial LLP agreement. All Supplementary LLP agreement for Change in Nominee Designated partner. Undertaking in terms of Instruction No. 109 Undertaking regarding personal liability arising, if any, against the nominee of Designated partner.
• Reason for change in Nominee of Designated Partner : The unit has informed that due to resignation of one of the Nominee Designated Partners Shri Sandeep Poddar, therefore, they would like to inform that there is change in Nominee Designated Partners of LLP.
e. ADC’s Recommendation: • Approval committee may kindly consider the proposal of Unit for Change in Nominee of Designated Partners, in terms of Instruction no. 109 issued by MOC&I.
File No.S-SEZ-PRO0QBXP/44/2022-JDCP
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