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Minutes of 138th meeting of Board of Approval for SEZ, held on 23rd March, 2026

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No. K-43o 16 I 5 I zoz6-SEZ Government of India Ministry of Commerce and Industry Department of Commerce (SEZ Section) Vanijya Bhawan, New Delhi Dated the f( April, 2cl26 OFFICE MEMORANDT]M

SubJect: r38th Meeting of the Board of Approval on Special Economic Zones (SEZs)

held on 23rd March, zoz6- Reg. Please find enclosed herewith Minutes of the r38th meeting of the Board of Approval for SEZs held on 23'd Mach, zoz6 for information and necessary action. 2. The Development on the directions of BoA. Commissioners are requested to take urgent necessary action, 0 $ Ll (Prateek Under Secretary to the Government of India Tel:23039939 Email : prateekbajpai.moca@nic.in To

  1. Central Board of Excise and Customs, Member (Customs), Department of Revenue, North Block, New Delhi. (Fax: 28c,92628).
  2. Central Board of Direct Taxes, Member (IT), Department of Revenue, North Block, New Delhi. (Telefax: zgogzroT).
  3. Joint Secretary, Ministry of Finance, Department of Financial Services, Banking Division, Jeevan Deep Building, New Delhi (Fax: z994446z/zSS66Zgil.
  4. Joint Secretary, Department of Promotion of Industry and Internal Trade (DPIIT), Udyog Bhawan, New Delhi. S. Joint Secretary Ministry of Shipping, Transport Bhawan, New Delhi.
  5. Joint Secretary (E), Ministry of Petroleum and Natural Gas, Shastri Bhawan, New Delhi
  6. Joint Secretary, Ministry of Agriculture, Plant Protection, Krishi Bhawan, New Delhi. B. Ministry of science and Technology, Sc 'G' & Head (TDT), Technology Bhavan, Mehrauli Road, New Delhi. (Telefax: z686z5tz)
  7. Joint Secretary, Department of Biotechnology, Ministry of Science and Technolory, lh Floor, Block 2, CGO Complex, lodhi Road, New Delhi - 11o oog.
  8. ro.

auli Road, New Delhi. (Telefax: z686z5tz) 9. Joint Secretary, Department of Biotechnology, Ministry of Science and Technolory, lh Floor, Block 2, CGO Complex, lodhi Road, New Delhi - 11o oog. 10. ro. edditional Secretary and Development Commissioner (Micro, Small and Medium Enterprises Scale Industry), Room No. 7oL, Nirman Bhavan, New Delhi (Fax:23o623$). l*il' I

  1. Secretary, Department of Electronics & Information Technology, Electronics Niketan,6, CGO Complex, New Delhi. (Fax: 24g6310l-) L2. Joint Secretary (tS-D, tVtinistry of Home Affairs, North Block, New Delhi
  2. Joint Secretary (C&W), Ministry of Defence, Fax: 23c15444' South Block, New Delhi. t4. Joint Secretary, Ministry of Environment and Forests, Pariyavaran Bhavan, CGO Complex, New Delhi - 11ooo3 (Fax: 24363577)
  3. Joinf Secretary & Legislative Counsel, I"egislative Department, M/o l^aw & Justice, A-Wing, Shastri Bhavan, New Delhi. (Tel: zggSZogS).
  4. Department of tegal Affairs (Shri Hemant Kumar, Assistant Legal Adviser), M/o Law & Justice, New Delhi. L7. Secretary, Department of Chemicals & Petrochemicals, Shastri Bhawan, New Delhi rB. Joint Seiretary, Ministry of Overseas Indian Affairs, Akbar Bhawan, Chanakyapuri, New Delhi. rg. Chief Planner, Department of Urban Affairs, Town Country Planning Organisation, Vikas Bhavan (E-Block), I.P. Estate, New Delhi. (Fax: z3o7S6Z8lzSSZ9L97) 26,. Director General, Director General of Foreign Trade, Department of Commerce, Udyog Bhavan, New Delhi.

g Organisation, Vikas Bhavan (E-Block), I.P. Estate, New Delhi. (Fax: z3o7S6Z8lzSSZ9L97) 26,. Director General, Director General of Foreign Trade, Department of Commerce, Udyog Bhavan, New Delhi. 21. Director General, Export Promotion Council for EOUs/SEZs, 8G, Sth Floor, Hansalaya Building, 15, Barakhamba Road, New Delhi - 11o oor (Fax: zzgSzg7lo) 22. Dr. Rupa Chandi, Professor, Indian Institute of Management, Bangalore, Bennerghata Road, Bangalore, Karnataka 2g. Development Commissioner, Noida Special Economic Zone, Noida. 24. Development Commissioner, Kandla Special Economic Zone, Gandhidham. 25. Development Commissioner, Falta Special Economic Zone, Kolkata. 26. Development Commissioner, SEEPZ Special Economic Zone, Mumbai. 27. Development Commissioner, Madras Special Economic Zone, Chennai 28. Development Commissioner, Visakhapatnam Special Economic Zone, Visakhapatnam 29. Development Commissioner, Cochin Special Economic Zone, Cochin. 30. Development Commissioner, Indore Special Economic Zone,Indore. ir. Development Commissioner, Mundra Special Economic Zone,4th Floor, C Wing, Port Users Building, Mundra (Kutch) Gujarat. 52. Development Commissioner, Dahej Special Economic Zone, Fadia Chambers, Ashram Road, Ahmedabad, Gujarat 33. Development Commissioner, Navi Mumbai Special Economic Zone, SEEPZ Service Center, Central Road, Andheri (East), Mumbai - 4oo c,96 34. Development Commissioner, Sterling Special Economic Zone, Sandesara Estate, Atladra Padra Road, Vadodara - 39oo12 35.

c Zone, SEEPZ Service Center, Central Road, Andheri (East), Mumbai - 4oo c,96 34. Development Commissioner, Sterling Special Economic Zone, Sandesara Estate, Atladra Padra Road, Vadodara - 39oo12 35. Development Commissioner, Andhra Pradesh Special Economic Zone, Udyog Bhawan, gth Floor, Siripuram, Visakhapatnam - 3 36. Development Commissioner, Reliance Jamnagar Special Economic Zone, Jamnagar, Gujarat ZZ. Administrator (IFSCA) International Financial Services Centres Authority, znd & 3rd Floor, PRAGYA Tower, Block t5, Zone t, Road 1C, GIFT SEZ, GIF-I City, Gandhinagar, Gujarat g8. Development Commissioner, Surat Special Economic Zone, Surat, Gujarat 39. Development Commissioner, Mihan Special Economic Zone, Nagpur, Maharashtra 4c.. Development Commissioner, Sricity Special Economic Zone,Andhra Pradesh. 4t. Development Commissioner, Mangalore Special Economic Zone, Mangalore.

  1. Government of Andhra Pradesh, Principal Secretary and CIP, Industries and Commerce Department, A.P. Secretariat, Hyderabad 5ooo22. (Fax: o4o- 4452895).
  2. Government of Telangana, Special Chief Secretary, Industries and Commerce Department, Telangana Secretariat Khairatabad, Hyderabad, Telangana.
  3. Government of Karnataka, Principal Secretary, Commerce and Industry Department, Vikas Saudha, Bangalore - 560001. (Fax: o8o-zzz1g87o)
  4. Government of Maharashtra, Principal Secretary (Industries), Energy and l,abour Department, Mumbai - 4oo o3z. +6. Government of Gujarat, Principal Secretary, Industries and Mines Department Sardar Patel Bhawan, Block No.

htra, Principal Secretary (Industries), Energy and l,abour Department, Mumbai - 4oo o3z. +6. Government of Gujarat, Principal Secretary, Industries and Mines Department Sardar Patel Bhawan, Block No. 5, 3rd Floor, Gandhinagar - 38zoro (Fax: o79- 2325o844). 42. Government of West Bengal, Principal Secretary, (Commerce and Industry), IP Branch (4th Floor), SEZ Section, 4, Abanindranath Tagore Sarani (Camac Street) Kolkata - Zoo c16 +8. Government of Tamil Nadu, Principal Secretary (Industries), Fort St. George, Chennai - 6oooo9 (Fax: o44-21g7o8zz). 49. Government of Kerala, Principal Secretary (Industries), Government Secretariat, Trivandrum - 695oor (Fax: o47t-zgg3otT). 50. Government of Haryana, Financial Commissioner and Principal Secretary), Department of Industries, Haryana Civil Secretariat, Chandigarh (Fax: orTz-zZ4o5z6). 51. Government of Rajasthan, Principal Secretary (Industries), Secretariat Campus, Bhagwan Das Road, Jaipur - 3o2oo5 (or4r-zzz7788). 52. Government of Uttar Pradesh, Principal Secretary, (Industries), Ial Bahadur Shastri Bhawan, Lucknow - 226oot (Fax: o5zz-2238255). 53. Government of Punjab, Principal Secretary Department of Industry & Commerce Udyog Bhawan), Sector -r7, Chandigarh- L6ooLT. 54. Government of Puducherry, Secretary, Department of Industries, Chief Secretariat, Puducherry. 55. Government of Odisha, Principal Secretary (Industries), Odisha Secretariat, Bhubaneshwar - 751oo1 (Fax: o67r -ffi68r9 I 24c,6299). 56. Government of Madhya Pradesh, Chief Secretary, (Commerce and Industry), Vallabh Bhavan, Bhopal (Fax: oTSS-2SS97T4) 57.

, Odisha Secretariat, Bhubaneshwar - 751oo1 (Fax: o67r -ffi68r9 I 24c,6299). 56. Government of Madhya Pradesh, Chief Secretary, (Commerce and Industry), Vallabh Bhavan, Bhopal (Fax: oTSS-2SS97T4) 57. Government of Uttarakhand, Principal Secretary, (Industries), No. 4, Subhash Road, Secretariat, Dehradun, Uttarakhand S8. Government of Jharkhand (Secretary), Department of Industries Nepal House, Doranda, Ranchi - 834ooz. 59. Union Territory of Daman and Diu and Dadra Nagar Haveli, Secretary (Industries), Department of Industries, Secretariat, Moti Daman 396220 (Fax: oz6o- zzBoTTs). 6o. Government of Nagaland, Principal Secretary, Department of Industries and Commerce), Kohima, Nagaland. 6r. Government of Chattishgarh, Commissioner-cum-Secretary Industries, Directorate of Industries, LIC Building Campus, znd Floor, Pandri, Raipur, Chhattisgarh. Copy to:- PSO to CS / PPS to AS(AB) / PS to JS (VA)/ ST.PPS to Dir (GP). 0

Minutes for the 138th meeting of the Board ofApproval for Special Economic Zones (SEZs) to be held on 23rd March, zoz6 The One Hundred and Thirry-Eighth (rS8th) meeting of the Board of Approval (BoA) for special Economic zones (sEZs) was held on 23rd March, zoz6, in hybrid mode. The list of participants is at Annexure-I. The item-wise decisions taken by the Board are as below- Agenda Item llo.

A) for special Economic zones (sEZs) was held on 23rd March, zoz6, in hybrid mode. The list of participants is at Annexure-I. The item-wise decisions taken by the Board are as below- Agenda Item llo. r38.r: Ratification of the minutes of the tgz'fr meeting of the Board of Approval for Special Economic Zones (SEZs) held on z7t February, zoz6. The Board ratified the minutes of the r37th meeting of the BoA for SEZs held on z7tr, February, zoz6. Agenda Item No, 138.2: Request for extension of LoA of SE.z Unit [r proposal - rS8.z(i)] rs8.z(i) Request of M/s. wockhardt Ltd. unit z,located at plot No. 6 A, in Wockhardt Infrastructure Development Ltd.-SEZ, Shendre, Aurangabad, Maharashtra, for extension of Letter of Approval for the period of one year, from rr1.tr8.2tr26 up to z8.oz.zoz7. DC SEEPZ-SEZ informed the Board that the initial LOA was issued on 21.oz.2or3 and 12 extension have been given, last one expired on z8.oz.zoz6. The Unit has now sought another extension to commence its operations. The Board was informed that an inspection of the Unit was conducted, during which the progress of work at the unit was found to be satisfactory. The construction activities have been completed and the plant and machinery were fully installed. The commercial operations have not yet commenced due to pending approval from the USFDA. The unit has been regularly applying for USFDA inspection. Further DC also informed that the Unit is regularly applying for inspection to USFDA Authority and paying fees for the same. However, the inspection has been delayed.

y applying for USFDA inspection. Further DC also informed that the Unit is regularly applying for inspection to USFDA Authority and paying fees for the same. However, the inspection has been delayed. It was informed that renewal fee for the inspection has been paid and which is valid up to 3t.rz.zoz6. The Board was informed that the Unit is hopeful of inspection being conducted before that. DC apprised the Board that the Unit has already made significant capital investment and has taken substantial steps to operationlize the facility. DC also informed that the Unit had taken broadbanding permission for additional product i.e. Human Insulin in their LOA so that production of other products that don't require USFDA approval maybe started. Page1of11 V

It was also informed that the Unit is in the process of exploring other markets such as Peru and requisite approval process are being pursued on a priority basis to enable commencement of production. In this regard, DGEP observed that the validity of LoA for unit has expired on z8.oz.zoz6 and tenability of proposal for extension in view of Rule rg(S) of SEZ Rules zoo6, needs to be discussed.

ion. In this regard, DGEP observed that the validity of LoA for unit has expired on z8.oz.zoz6 and tenability of proposal for extension in view of Rule rg(S) of SEZ Rules zoo6, needs to be discussed. On this, DC, SEEPZ informed that the Unit had submitted its request for further extension of LoA on 29.01.2o26 prior to their expiry of LoA within the specified time and DC has forwarded proposal after examination on 06.o5.2026. Accordingly, the Board being satisfied that it is necessary and expedient in pursuance to third proviso to Rule rg(+) of SEZ Rules , 2c,c,6, granted extension of validity of LoA for a further period of one year, i.e., upto z8.oz .2027. Furthermore, the Board again directed all the DCs to mandatorily review expiry of LoA of Units on periodic basis and ensure that the processing of requests for extension are processed well in time. All DCs should maintain and review which units/SEZs have impending expiry of LoA in next 6 months and all efforts should be made for submission of renewal request at least three months ahead of the deadline for expiry of validity of LoA. Agenda item no. 188.3: Request for increase/decrease in area by Co-developer [r proposal: rs8.s(i)I rg8.e(i) Request by the existing Co-Developer, M/s. Bakeri Spaces LLP, GIFT-SEZ, Gandhinagar, for Approval of additional Development Rights and land area - regarding. DC, GIFI SEZ informed the Board that M/s. Bakeri Spaces LLP is an existing Co- Developer in SEZ developed by M/s. GIFI SEZ Limited, Gandhinagar, Gujarat.

Development Rights and land area - regarding. DC, GIFI SEZ informed the Board that M/s. Bakeri Spaces LLP is an existing Co- Developer in SEZ developed by M/s. GIFI SEZ Limited, Gandhinagar, Gujarat. The Infrastructure facilities / authorized operations proposed to be undertaken by the Co- Developer is development of commercial project on Plot Nos. r4-D, and r4-E in Block No. r4 in processing area. The instant request is for increase in area for development rights by 54,ooo square feet, i.e., from 5,4o,ooo square feet to 5,94,ooo square feet of built up area and land area by 177 square meters i.e. from 4,677 square metres to 4,854 square meters. In this regard, DGEP observed that it needs to be clarified under which rule or provisions are additional development rights defined and allowed. In this connection, it was informed to the Board that M/s. Bakeri Spaces LLP, a existing Co-Developer in SEZ developed by M/s. GIFT SEZ Limited, Gandhinagar, Gujarat, has entered into supplementary agreement with the Developer on r8.ro.zoz5 Page 2 of 11 V

. Bakeri Spaces LLP, a existing Co-Developer in SEZ developed by M/s. GIFT SEZ Limited, Gandhinagar, Gujarat, has entered into supplementary agreement with the Developer on r8.ro.zoz5 Page 2 of 11 V

for additional land requirement and developmental rights condition. Further, the requirement of approval from the BoA for any modification (including additional area or scope) relating to a Co-Developer is implicit and in accordance with the provisions of Sections 3(u), 3(rz) and g (z) (d) of the SEZ Act and Rule 6(,{) of the sEZ Rules, zoo6. The Board, after deliberations, approved the proposal of M/s. Bakeri Spaces LLP, GIFT-SEZ, Gandhinagar, for increase in development rights by 54,ooo square feet, i.e. from 5,4o,ooo square feet to 5,94,ooo square feet and increase in land areaby t77 square meters i.e. from 4,677 square meters to 4,8g4 square meters in accordance with the supplementary Co-developer Agreement dated r8.ro.zoz5, entered into with the Developer (M/s. GIFI SEZ Limited) subject to standard terms and conditions as per the SEZ Act and Rules. Further, the Assessing Officer will have the right to examine the taxability of the income by way of lease rentals/down payment/premium, etc. for the purpose of assessment under the prevalent Income-tax Act, 196r and Income-tax Rules, 196z as amended from time to time. The lease period shall be in accordance with DoC's Instruction No. 98 dated zgth August,2org. Agenda Item No. 138.4: Request for full/partial de-notification of SEZ [r proposal rS8.+(i)] rS8.+(i) Proposal of M/s.

iod shall be in accordance with DoC's Instruction No. 98 dated zgth August,2org. Agenda Item No. 138.4: Request for full/partial de-notification of SEZ [r proposal rS8.+(i)] rS8.+(i) Proposal of M/s. Cessna Garden Developers Private Limited, Developer for partial de-notification of o.66 Ha out of t7.ggo7 Ha of rT/rrES at Kadubeesanahalli village, Taluk varthur Hobli, Bangalore District, Karnataka. DC, CSEZ informed the Board that the reasons for the instant partial de-notification proposal is to expand the service offered currently by operating a hotel in the SEZ area by shifting it into Domestic Tariff Area while continuing to cater to SEZ occupants from the DTA. The Board was further informed that on-site inspection was conducted on o5.oz.zoz6 in the presence of SEZ officials along with State Revenue Authority wherein it was confirmed that the land to be de-notified is situated in non-processing area of the SEZ and a hotel is constructed there. Further the DC certified that all conditions as required under the SEZAct/Rules are fully met for the proposed partial denotification including the contiguity condition. The DC also certified that there are no units in the SEZ area proposed for de- notification and the Developer has not availed any Tax/Duty benefits under the SEZ Act/Rules, in respect of the landbeing de-notified and State Govt. has provided its'No Objection'. 0 Page 3 of 11

notification and the Developer has not availed any Tax/Duty benefits under the SEZ Act/Rules, in respect of the landbeing de-notified and State Govt. has provided its'No Objection'. 0 Page 3 of 11

The Board, being satisfied, in pursuance to first proviso to Rule 8 of SEZ Rules, 2006 approved the partial de-notification of o.66 Ha out of L7.ggo7 Ha of IT/ITES SEZ at Kadubeesanahalli Village, Taluk Varthur Hobli, Bangalore District, Karnataka. Agenda Item No. rB8.S: Request for conversion of Processing Area into Non-Processing Area under Rule rr(B) [ 5 proposals - rS8.S(i) - rS8.S(v)I rS8.S(i) Request of M/s Bagmane Developers Private Limited (formerly M/s. Bagmane Constructions Private Limited), Bangalore, Developer for demarcation of SEZ Processing Built-up area (+SStg7g sq.mtr.) as NPA in terms of Rule u B of SEZ Rules 2tr<r6 read with Instruction No.tr5 dated og.o 4.2o24. DC, CSEZ submitted that out of the total BUA of 8,68,456.15 sqmts, an area of 411rg.7g sq. mtrs has been proposed to be demarcated under Rule rrB. It was submitted that the built-up area is lying vacant due to implementation of sunset clause for Income Tax benefit, post Covid-rg pandemic slump in office space demand in SEZs. The DC further submitted that requisite documents have been submitted by the Developer.

mentation of sunset clause for Income Tax benefit, post Covid-rg pandemic slump in office space demand in SEZs. The DC further submitted that requisite documents have been submitted by the Developer. It was also confirmed by DC that total duty benefits and tax exemption availed on the BUA proposed to be demarcated as NPA have been paid back and No Dues Certificate have been issued by the Specified Officer. The Board, after deliberations, EEIIIitled the demarcation of the following area as Non-Processing Area in terms of Rule rrB of SEZ Rules ,2cc,6: - Building Description Area (in Mz; Periodt 7ft Floor 3935.03 Sth Floor 3935.o3 9th F]oor 3935.03 toth Floor 3935.o3 Ground Floor, Reception, Terrace, Parking Logr6.72 Basement (t&z) r6862.95 Total 43519.79 In addition to above, the Board stated that the responsibility to ensure that all the extant provisions relating to demarcation of processing area to non-processing area are implemented in letter and spirit, lies with the DC concerned. Further, the DC concerned shall also ensure that all the applicable duty benefits have been calculated in toto and the same has been fully repaid. Page4of11 V

and spirit, lies with the DC concerned. Further, the DC concerned shall also ensure that all the applicable duty benefits have been calculated in toto and the same has been fully repaid. Page4of11 V

rs8.s (ii) Request ofM/s. DLFCyber cityDevelopersLimited, developer of rr/rrEs sEz at sector- 24 & z5A, DLF Phase-rrr, Gurugram (Haryana) for demarcation of built-up Processing Area admeasuring'r585.s39 sqmt. at tzth floor, Block-c, Building No. o6' into Non-Processing Area under Rule rrB of sEZ Rules, zoo6 read with rnstruction No. l1s dated o9.o4.2o24 - Reg. DC, NSEZ submitted that out of the total BUA of 3,87,roz.oo sqmts, an area of 1,585.539 sq. mtrs has been proposed to be demarcated under Rule rrB. The Developer has already demarcated gSZZ8.Zg2 sqm in the said SEZ. It was submitted that the Developer proposes to give NPA olr lease to DTA urrits in IT/ITFIS business. The DC further informed that requisite documt'nts have ber:n submitted by the Developer.

id SEZ. It was submitted that the Developer proposes to give NPA olr lease to DTA urrits in IT/ITFIS business. The DC further informed that requisite documt'nts have ber:n submitted by the Developer. It was also confirmeclthat total duty benefits and tax exemption availed on the BUA proposed to be demarcated as NPA have been pairl back and No Dues Certificate have been issued by the Specified Officer. The Board, after deliberations, permitted the demarcation of the following area as Non ProcessingArea in terms of Rule rrB of SEZ Rules, z0o6; - Building Description Area (in w1"1 Building No,o6 [Block-C] tzth floor 1585.539 Sqmt Total 1S8S.S39 Sqmt In addition to above, the Board stated that the responsibility to ensure that all the extant provisions relating to demarcation of processing area to non-processing area are implemented in letter and spirit, lies with the DC concerned. Further, the DC concerned shall also ensure that all the applicable duty benefits have been calculated in toto and the same has been fully repaid. 98.5(iii) M/s. Grand Canyon SEZ Private Limited, Co-developer ofASF Insignia SE.Z'hft. Ltd. IT/ITES SEZ at Village Gwal Pahari, Gurugram (Haryana) - Proposal for demarcation of built-up Processing Area of 23,509.189 Sqmt. Tower-B, C, D & E, Grand Canyon (BS) Building' into Non-Processing Area under Rule rrB of SEZ Rules, zoo6 read with Instrrrction No. u5 dated og.o4.2oz4. DC, NSEZ submitted that out of the total BUA of z,78,8g3.967 sqmts, an area of 23,5o9.189 sq. mtrs has been proposed to be demarcated under Rule rrB.

6 read with Instrrrction No. u5 dated og.o4.2oz4. DC, NSEZ submitted that out of the total BUA of z,78,8g3.967 sqmts, an area of 23,5o9.189 sq. mtrs has been proposed to be demarcated under Rule rrB. The Developer has already demarcated 95,924.244 sqm in the said SEZ. It was submitted that the Developer proposes to utilise the NPA for setting up of business engaged in rTlrTES. Az? Page 5 of 11

The DC further informed that requisite documents have been submitted by the Developer. It was also confirmed by DC that total duty benefits and tax exemption availed on the BUA proposed to be demarcated as NPA have been paid back and No Dues Certificate have been issued by the Specified Officer. The Board, after deliberations, p.ermilted the demarcation of the following area as Non Processing Area in terms of Rule rrB of SEZ Rules ,2006: - Building Tower & floor numbers Area in Sqmt. Grand Canyon (83) Building Tower-B (lh to 8*'& r6tt'to rlt' floor): 3805.975 Tower-C (lh to 8th & 16th to tTttt floor): 3796.8oo Tower-D (tst to lh & 16th to r7s floor): T6To.z6z Tower-E (rst to 7th & 16 to rTtt' floor): 8236.152 Total: 235o9.189 Sqmt In addition to above, the Board stated that the responsibilrty to ensure that all the extant provisions relating to demarcation of processing area to non-processing area are implemented in letter and spirit, lies with the DC concerned.

ed that the responsibilrty to ensure that all the extant provisions relating to demarcation of processing area to non-processing area are implemented in letter and spirit, lies with the DC concerned. Further, the DC concerned shall also ensure that all the applicable duty benefits have been calculated in toto and the same has been fully repaid. rS8.S(iv) Request of M/s Centaurus SpavVentures LLP, Telangana, Co- Developer of M/s. Phoenix Tech Zone Private Limited SEZ, Sy. No. zo3lP at Manikonda Village, Rajendra Nagar Mandal, Ranga Reddy District, Telangana for demarcation of SEZ Processing Built-up area (9oS9.64 sq. Mtr + 14trr p'roorloading areatowards -2}n.jg Sq. Mtr) as Non-Processing Area in terms of Rule rr B of SEZ Rules 2006 readwith Instruction No.u5 dated og.o4.2oz4. DC, VSEZ submitted that out of the total BUA of 2,53,825.95 sqmts, an area of tL,6t7.4gsq. mtrs has been proposed to be demarcated under Rule rrB. The Developer has already demarcated 6r,857.S2sqm in the said SEZ. It was submitted that the Developer proposes to give NPA on lease to domestic units in IT/ITES business. The DC further submitted that requisite documents have been submitted by the Developer. It was also confirmed by DC that total duty benefits and tax exemption availed on the BUA proposed to be demarcated as NPA have been paid back and No Dues Certificate have been issued by the Specified Officer. Page 6 of 11 v

C that total duty benefits and tax exemption availed on the BUA proposed to be demarcated as NPA have been paid back and No Dues Certificate have been issued by the Specified Officer. Page 6 of 11 v

The Board, after deliberations, permitted the demarcation of the following area as Non Processing Area in terms of Rule uB of SEZ Rules, zoo6: - Building Particulars Area in Sq. Mtrs. Centaurus r4th floor Built up area as per approved Building plan- A 9,o39.64 Towards car parking area for t47 Nos of car parks, lift lobbies, staircase, fire exits and refugee areas and common lobbies - B 2,577.79 TotalApproved area of r4tt floor as per Co- developer approval which is leasable area (A+B) ur6r7.43 In addition to above, the Board stated that the responsibility to ensure that all the extant provisions relating to demarcation of processing area to non-processing area are implemented in letter and spirit, lies with the DC concerned. Further, the DC concerned shall also ensure that all the applicable duty benefits have been calculated in toto and the same has been fully repaid. rS8.S(v) Request of M/s. Infopark Properties Limited, Developer, for demarcation of SEZ Processing Built-up area (Z1686.zo sq.mtr.) as Non- Processing Area in terms of Rule rr B of SEZ Rules, zoo6 read with Instruction No. rr5 dated og.o4.2oz4. DC, MEPZ submitted that out of the total BUA of 6,38,398.4o sqmts, an area of 7,686.2o sq. mtrs has been proposed to be demarcated under Rule rrB.

zoo6 read with Instruction No. rr5 dated og.o4.2oz4. DC, MEPZ submitted that out of the total BUA of 6,38,398.4o sqmts, an area of 7,686.2o sq. mtrs has been proposed to be demarcated under Rule rrB. The Developer has already demarcated 38,oo7.61 sqm in the said SEZ. The DC further submitted that requisite documents have been submitted by the Developer. It was also confirmed by DC that total duty benefits and tax exemption availed on the BUA proposed to be demarcated as NPA have been paid back and No Dues Certificate have been issued by the Specified Officer. The Board, after deliberations, @lttcd the demarcation of the following area as Non Processing Area in terms of Rule nB of SEZ Rules ,2006: - Tower/Block Particulars Area to be Demarcated as NPA (in Sq.mtrs) Block D 3'd Floor 3,843.10 4th Floor 3,843.10 Total 7,686.2o In addition to above, the Board stated that the responsibility to ensure that all the extant provisions relating to demarcation of processing area to non-processing area are implemented in letter and spirit, lies with the DC concerned. Further, the DC Page 7 of 11 D

sure that all the extant provisions relating to demarcation of processing area to non-processing area are implemented in letter and spirit, lies with the DC concerned. Further, the DC Page 7 of 11 D

concerned shall also ensure that all the applicable duty benefits have been calculated in toto and the same has been fully repaid. Agenda Item No. 138.6: Miscellaneous I r proposal - rg8.6(i)] r38.6(i) Request of M/s New Chennai Township Private Limited for Merger of two sector-specific SEZs adjacent to each other at Seekinankuppam Village, Cheyyur taluk, Kancheepuram District, Tamil Nadu, into one multi-sector SEZ. DC, MEPZ-SEZ informed the Board that M/s New Chennai Township Private Limited issued Letter ofApprovalvide F.zl4o4lzoo6-SEZforits Light Engineering SEZs (LES) andF.zl4o5/zoo6-SEZboth dated 23.o5.2oo7 for Multi services SEZ (MS) adjacent to each other and now it has proposed to merged/amalgamated both the SEZs into a single multi-sector SEZ to simplify data collection and operational management under a single Letter of Approval (LOA) wherein they would like to retain LoA No.F.z/4o4lzoo6-SEZDaled 23.o5.2oo7. This would enable Developer to pursue flexible allotment and development of land across different sectors (IT, R&D Hospitality, Wellness and Manufacturing, Etc.,) and unproductive lands / built-up space in the SEZ could be used in an effective way. In this connection, DGEP observed that DC, MEPZ may be requested to examine the difference in conditions prescribed in the two LOAs.

nds / built-up space in the SEZ could be used in an effective way. In this connection, DGEP observed that DC, MEPZ may be requested to examine the difference in conditions prescribed in the two LOAs. In case of difference in conditions, the more restricting conditions may be applied to the merged LOA. The Board, after deliberations, approved the request of M/s New Chennai Township Private Limited for amalgamation/merger of their two sector-specific SEZs adjacent to each other into one Multi-Sector SEZ, with the condition as mentioned above by DGEP. The Board also recommended that a new notification for the amalgamated SEZ will be issued, superseding previous notifications. Agenda Item No.r38.7: Appeal I cases: rS8.Z(i)] rg8.Z(i) Appeal filed by M/s. Neoaska Pharma Pvt. Limited, a Unit in Visakha Pharrnacity Rrt. Limited SEZ, under Section 16(+) of the SEZAct, 2oo5, against the cancellation of Letter ofApproval. The appeal was filed under Section t6(+) of the SEZAct, 2oo5 and Rule 55 of SEZ Rule zoo6, by M/s. Neoaska Pharma Pvt. Limited, a Unit in Visakha Pharma City SEZ Parawada, Anakapalli District, Andhra Pradesh under the zonal jurisdiction of Visakhapatnam Special Econom ic Zone. The appeal was filed against the decision taken by Unit Approval Committee (UAC), Visakhapatnam Special Economic Zone (VSEZ),in its meeting held on z5.tt.zoz5, to cancel the Letter of Approval (LoA). The cancellation of LoA was communicated vide Page 8 of 11 V

al Committee (UAC), Visakhapatnam Special Economic Zone (VSEZ),in its meeting held on z5.tt.zoz5, to cancel the Letter of Approval (LoA). The cancellation of LoA was communicated vide Page 8 of 11 V

letter bearing no. z6(D) lr4tlzotS/SSSEZ (VSEZ) dated: o2.L2.2o25, which was received by the appellant on o8.rz.zoz5. The Board in its r38tt'meeting held on 2y.o5.2o26, heard the appellant through video conferencing. Submissions by the Appellant The representative of the Appellant submitted that M/s. Neoaska Pharma Pvt. Limited was granted LoA on o7.o2.2or8 for setting up of a Unit for manufacturing of Pharmaceutical Formulations. The Unit commenced operations on rTth June, 2o2o. i. During the relevant period, the Appellant was under ()orporate Insolvency Resolution Process ("CIRP") pursuant to Ld. National Cornpany Law Tribunal, Hyderabad ("NCLT") order dated ol..o4.2o2z in CP(IB) No. z4rlglHDBlzozt. Thereafter the affairs of the Appellant were managed arrd controlled by the Resolution Professional appointed by the Ld. NCLT as per the provisions of the Insolvency and Bankruptcy Code, zo16 ("IBC"). ii. It was submitted that the Appellant is a revived entity under the provisions of the IBC wherein the Resolution Plan submitted by Madhya Pradesh Waste Management Pvt. Ltd. ("MP\ IMPL" and presently known as Numen Growth Partners hrt Ltd) was approved by the Ld. NCLT in I.A. No. 1344/2c.22 in CP(IB) No. z4tlglHDBlzoztvide order dated 28.06.2c,23. iii. The approved resolution plan has attained finality in law upon approval by the Hon'ble Supreme Court. iv.

d. NCLT in I.A. No. 1344/2c.22 in CP(IB) No. z4tlglHDBlzoztvide order dated 28.06.2c,23. iii. The approved resolution plan has attained finality in law upon approval by the Hon'ble Supreme Court. iv. The Successful Resolution Applicant has now acquired full control of the Appellant as a result of the resolution plan being finally approved by the Hon'ble Supreme Court and consequently the erstwhile management has been replaced. v. The appellant informed that they did not receive any Show Cause Notice or communication and became aware of the cancellation only through the SEZ Developer, M/s.Visakha Pharma City Limited. It was added that the LOA was cancelled without issuance/serving of a Show Cause Notice and without affording an opportunity of hearing, in violation of the principles of natural justice and the provisions of the SEZ Act and Rules. No notice was served upon the Appellant under the new management. Records indicate that the Show Cause Notice was returned undelivered and subsequent communications were sent to an incorrect/old address instead of the registered address as per MCA records, vitiating the proceedings. vi. The grounds cited for cancellation of LoA mention that it pertains to the CIRP period when the management was under the Resolution Professional, and prior to finality of the Resolution Plan. Accordingly, the impugned cancellation order is unsustainable in law. vii. The Appellant submitted that in view of the ongoing challenges, it was not in a position to apply for extension or renewal of the Letter of Approval.

cancellation order is unsustainable in law. vii. The Appellant submitted that in view of the ongoing challenges, it was not in a position to apply for extension or renewal of the Letter of Approval. No opportunitywas provided to the Appellant to appear and to be heard. Principles of natural justice not followed while cancelling the LoA. viii. The cancellation deserves to be reconsidered after granting due opportunity to the Appellant under its present management as per the provisions of the IBC and in view of the approved resolution plan in the CIRP of the Appellant which was been upheld by the Hon'ble Supreme Court. 0 Page 9 of 11 ;-

Submissions by DC, VSEZ i. The LoA granted to the Unit was valid upto ;5o6.zoz5. As per condition No.7 of the Bond-cum-Legal undertaking the unit has undertaken to furnish the Annual Performance Report within the stipulated period of r8o days following the close of financial year in the form prescribed under the Special Economic Zone rule zoo6, certified by a Chartered Accountant. The Appellant failed to submit the Annual Performance Report within the prescribed period of r8o days following the close of financial year. ii. A Show Cause Notice dated o4.o7.2o25 was duly issued to the appellant unit by the authority, providing an opportunity to submit its reply within 15 days. The said Show Cause Notice was sent by Speed Post to the registered office address furnished at the time of issuance of the LoA and to the Appellant Unit located in Visakha Pharmacity SEZ.

n 15 days. The said Show Cause Notice was sent by Speed Post to the registered office address furnished at the time of issuance of the LoA and to the Appellant Unit located in Visakha Pharmacity SEZ. However, the said notice was returned undelivered by the postal authorities with the remarks "Door Locked / Addressee Left". Despite issuance of the Show Cause Notice, no response was received from the appellant iii. The Letter of Approval was cancelled after four months of issue of Show-cause notice, thus ample time was given to the Appellant to respond. The Show-cause notice was returned undelivered while the Cancellation Order was delivered at the same address, which shows that the Appellant is selectively accepting/receiving the letters sent by Speed Post. iv. The matter of CIRP was never brought to the notice of the O/o DC, VSEZ. There was no information/intimation from theAppellant regarding change of address or management has been received from the appellant at any point of time prior to issuance of the Show Cause Notice or the subsequent correspondence. v. Hon'ble Supreme Court dismissed the appeal on z8.o7.zoz5, the cancellation of Letter of Approval was issued on o2.rz.2oz5 and NCLT, Hyderabad approved the resolution plan on z8.o6.zoz3 itself, thus it is evident that the Appellant has enough time to intimate the above developments to the office of the Development Commissioner, whereas the Appellant has failed to intimate the same to the office of the Development Commissioner vi.

s enough time to intimate the above developments to the office of the Development Commissioner, whereas the Appellant has failed to intimate the same to the office of the Development Commissioner vi. As per the condition No.r4 of the Bond-cum-Legal Undertaking, the obligators (in the present case the Appellant) shall intimate any change in the Board of Directors/partners and details of correspondence/ communication (including any change in its registered office address) forthwith, to the Development Commissioner and the Specified Officer. vii. The address to which the Show Cause Notice and related communications were sent strictly as per the address available in official records. viii. It was also added that the Unit commenced production in zozo. However, at present the unit has been non-functional since long. Decision of the Board The Board, and after taking into consideration the above submissions, remanded back the matter to the UAC, VSEZ and directed that a decision be taken in the matter after affording a reasonable opportunity of being heard to the Appellant. Page 10 of 11 /

submissions, remanded back the matter to the UAC, VSEZ and directed that a decision be taken in the matter after affording a reasonable opportunity of being heard to the Appellant. Page 10 of 11 /

Annexures- I List of Participants for the Meeting of the 138th Board of A-pproval for SEZ held on z3ra March, 2o,26 under the Chairmanship of Commerce Secretary, Departrnent of Commerce.

  1. Shri Rajesh Agarwal, Chairman & Commerce Secretary, Department of Commerce
  2. Shri LavAgarwal, DG, DGF'T,
  3. Shri Ajay Bhadoo, Additional Secretary, Department of Commerce
  4. Shri Vimal Anand, Joint Secretary, DoC
  5. Shri Gaurav Pundir, Director, DoC
  6. Smt. P. Hemalatha, Development Commissioner, CSEZ
  7. Shri Srinivas Muppaala, Development Commissioner, VSEZ
  8. Shri Alex Paul Menon, Development Commissioner, MEPZ-SEZ g. Shri Abhinav Gupta, Development Commissioner, GIFI SEZ ro. shri Paras Mani Tripathi, Joint Development commissioner, NSEZ rr. Shri Chetan Varma, Specifed Officer, GIFI SEZ, Ghandhnagar rz. Shri Surendra Singh, US, DPIIT List of participants connected with Video Conferencing: -
  9. Shri Rajkumar, DG, DGEP, CBIC
  10. Shri Ranjan Khanna, Pr. ADG, DGEP, CBIC g. Shri D.B:Patil, Development Commissioner, SEEPZ-SEZI KASEZ 4 Shri Anupam Kumar, Development Commissioner, Dahej SEZ s Dr. Praveen Kumar, Development Commissioner, Mihan SEZ a. shri, shri Abhishek sharma, Development commissioner, Indore sEZ
  11. Shri Anil Kant Mishra, Research Assistant TCPO, Ministry of Housing & Urban Affairs
  12. Shri Sandeep Kumar Rout, TCPO, M/o HUA g.

a. shri, shri Abhishek sharma, Development commissioner, Indore sEZ 7. Shri Anil Kant Mishra, Research Assistant TCPO, Ministry of Housing & Urban Affairs 8. Shri Sandeep Kumar Rout, TCPO, M/o HUA g. Meenakshi Agarwal, Scientist 'E' Software Industry Promotion Division, Ministry of Electronics & IT. ro. Shri l,ai chand Dabaria, Assistant Legal Adviser, Legal Affairs u. Shri Harshanand, DDC, Cochin rz. US(ITA-I), CBDT 13. Representative from O/o Development Commissioner, FSEZ 14. Representative from O/o Development Commissioner, Mangalore SEZ h- Page 11 of 11

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