Minutes of the 148th meeting of Approval Committee
Minutes of the 148th Unit Approval Committee Meeting of Kandla SEZ held on 17.09.2019 at 11:30 hrs. under the Chairmanship of Dr. Amiya Chandra, Development Commissioner, Kandla Special Economic Zone.
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Following were present:
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Shri. Dipak Zala : Deputy Development Commissioner, KASEZ.
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Shri. Sanjay Kumar : Joint Commissioner of Income Tax, Gandhidham.
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Shri. A. K. Moria : Assistant Commissioner, Customs, Kandla, Gandhidham-Representative of Commissioner of Customs Kandla.
Absentees:-
- 1, Director (Banking)
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SDM
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DGFT
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DIC
Review/Confirmation of the minutes of last meeting (147t» UAC) of the Approval Committee: -
Minutes of the last meeting of Approval Committee was confirmed.
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Minutes of the 148t Unit Approval Committee Meeting of Kandla SEZ held on 17.09.2019 at 11:30 hrs. under the Chairmanship of Dr. Amiya Chandra, Development Commissioner, Kandla Special Economic Zone.
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148.1 NEW UNIT APPLICATION
AGENDA ITEM NO. 148.1.1
Application for setting up a unit in KASEZ namely M/s. Syndicate Printers Limited (Unit-II), F-336, Sarita Vihar, New Delhi - 110 076. Their proposal was for setting up a unit in Kandla SEZ for manufacturing of Wrist Bands, Parking Tickets & Medical Electrodes and Dressing.
The proposed unit vide letter dated 16.09.2019 has intimated that due to sluggish business scenario in current, they intend to recall their said application.
of After due deliberation, the Committee decided to accede to the request the applicant for withdrawal of their present proposal.
AGENDA ITEM NO. 148.1.2
Application for setting up of a unit in KASEZ namely M/s. Aum Solvchem having its registered office at Plot No. 58, Sector 1A, Gandhidham.
Their proposal was for setting up a unit in Kandla SEZ for trading activity of various chemicals,
Shri Nirav Prajapati, Partner of the firm appeared before the Approval Committee and explained their proposal. Shri Prajapati stated that they intend to set up a trading unit in KASEZ for various chemical items. On being asked about the hazardous nature of the chemicals proposed to be traded, Shri Prajapati stated that 33% chemicals proposed are non-hazardous chemicals.
The Committee informed the applicant that they have to strictly abide by the norms stipulated by the State/Central Acts before clearance of hazardous chemicals and give a declaration regarding details of working capital and other source of finance.
Therefore, the Approval Committee after due deliberation approved the proposal subject to standard terms and conditions and also subject to condition that they will strictly follow the norms of concerned State /Central Act for hazardous chemicals and will make 100% export of the traded goods and nothing will be allowed to be sold into DTA under any circumstances.
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Minutes of the 148th Unit Approval Committee Meeting of Kandla SEZ held on 17.09.2019 at 11:30 hrs. under the Chairmanship of Dr. Amiya Chandra, Development Commissioner, Kandla Special Economic Zone.
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AGENDA ITEM NO, 148.1.3
Application for setting up of a unit in KASEZ namely M/s. Anandini Warehousing & Foods LLP having its registered office at DBZ-North184, GF, Ward 12-A, Opp. Gurudwara, Gandhidham-370201.
Their proposal was for setting up a unit in Kandla SEZ for manufacturing of Pan Masala, Guthka, Chewing Tobacco, Zarda, Khaini, etc. and Trading activity of Supari/Betel Nut/Arecanut, Kattha, Catechum Tobacco, Lime, etc. Shri Prakash Kaknani, Partner of the firm appeared before the Approval Committee and explained their proposal. Shri Kaknani stated that they intend to set up a manufacturing and trading unit in KASEZ for Pan Masala and related products. The Committee informed the applicant to furnish details of working capital and also the details of financial strength for the proposed project. The Approval Committee after due deliberation approved the proposal subject to standard terms and conditions for such units which include no DTA Sale/clearance of any goods and no import of Betel nuts (supari}) and also subject to furnishing an affidavit/undertaking for use of plastic packaging as detailed under Item No. 117.1.2 in terms of the Apex Court’s judgement. Further, regarding their trading activity the Committee approved the proposal except Sr. No. 1 (Supari/Betel Nut/Arecanut) & Sr. No. 18 (Sesame Seeds) subject to the condition that they will make 100% export of the traded goods and nothing will be allowed to be sold into DTA under any circumstances.
AGENDA ITEM NO. 148.1.4
Application for setting up of a unit in KASEZ namely M/s. Harsh Global, 53, Bhadreshwar Society, hind H D Kapadia High School, Outside Delhi Darwaja, Shahibaug, Ahmedabad - 380 004.
Their proposal was for setting up a unit in Kandla SEZ for manufacturing of Guthka, Khaini, Zarda, Pan Masala, Chewing Tobacco & Preparation containing Chewing Tobacco.
Shri Ranu Jain, Partner of the firm appeared before the Approval Committee and explained their proposal. Shri Jain stated that they intend to set up a manufacturing unit in KASEZ for Guthka, Khaini, Zarda, etc. He stated that he is in this line of business of filter khaini/chaini since last 1520 years and their family is in this line of business for almost three decades. The Approval Committee after due deliberation approved the proposal subject to standard terms and conditions for such units which include no
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Minutes of the 148t Unit Approval Committee Meeting of Kandla SEZ held on 17.09.2019 at 11:30 hrs. under the Chairmanship of Dr. Amiya Chandra, Development Commissioner, Kandla Special Economic Zone.
nn DTA Sale/clearance of any goods and no import of Betel nuts (supari) and also subject to furnishing an affidavit/undertaking for use of plastic packaging as detailed under Item No. 117.1.2 in terms of the Apex Court’s judgement.
AGENDA ITEM NO. 148.1.5
Application for setting up of a unit in KASEZ namely M/s. B.V.C. Logistics Pvt. Ltd. having its head office at 1102, Building No. 11, Solitaire Corporate Park, Chakala, Andheri (East), Mumbai-400 093.
Their proposal was for setting up a unit in Kandla SEZ for warehousing service activity at FTWZ developed by M/s Kandla Free Trade Warehousing Private Limited in KASEZ, Shri Rajesh Neelakanta, ED & CEO of the company appeared before the Approval Committee and explained their proposal. Shri Neelakanta stated that they are a 59 year old logistics company in Gem & Jewellery and expanded the domestic market in Gem & Jewellery & precious metals and now they propose to set up warehousing unit in FTWZ of KASEZ for precious metals and other antiques & sculptures, wristwatch, etc. and will warehouse precious metals on behalf of foreign clients JP Morgan, HSBC and as per the clients requirement supply to local nominated agencies. The Committee noted that the applicant has requested for numerous items and directed the applicant to furnish specific item proposed to be warehouse and also furnish SOPs, details of overseas clients, local nominated agencies.
Shri Neelakanta stated that they want to withdraw their present application and will submit their fresh proposal giving the above details.
After due deliberation, the Committee decided to accede to the request of the applicant for withdrawal of their present request.
AGENDA ITEM NO. 148.1.6
Application for setting up of a unit in KASEZ namely M/s. Trimurti Fragrances & Flavours Pvt. Ltd. having its registered office at Plot No. 104, FIE, Patparganj, New Delhi-110092.
Their proposal was for setting up a unit in Kandla SEZ for warehousing service activity at FTWZ developed by M/s Kandla Free Trade Warehousing Private Limited in KASEZ. Shri Vivek Gupta, Manager of the company appeared before the Approval Committee and explained their proposal. Shri Gupta stated that
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Minutes of the 148th Unit Approval Committee Meeting of Kandla SEZ held on 17.09.2019 at 11:30 hrs, under the Chairmanship of Dr. Amiya Chandra, Development Commissioner, Kandla Special Economic Zone.
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they propose to set up warehousing service unit at FTWZ of KASEZ for all OGL & Free items.
The Committee noted that the applicant has requested for warehousing of Free and OGL items as per ITC HS Policy and directed the applicant to furnish specific items to be warehoused. The Approval Committee after due deliberation decided to approve the proposal subject to standard terms and conditions & the applicant furnishing specific list of items to be warehoused and also subject to additional condition that the unit should seek a prior approval of any additional items they intent to warehouse and submit KYC details of clients to the Office of the Development Commissioner before undertaking the authorised activity.
148.2 REQUEST FOR BROADBANDING
AGENDA ITEM NO. 148.2.1
Request of M/s. Tokyo Plast International Ltd., KASEZ for Broadbanding of Trading activity in their existing LoA for Manufacturing activity.
M/s Tokyo Plast International Ltd., KASEZ is an approved unit for manufacturing of Plastic Thermo ware/Insulated Ware, Vacuum Flasks and Plastic Household Articles in Kandla Special Economic Zone, Gandhidham vide LoA No, KASEZ/IA/016/2006-07 dated 04.08.2006, as amended.
Now the said unit has requested for broad-banding of their LoA for trading activity for following items: -
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----- Start of picture text -----<br> SL. ITC (HS) |<br>Item Code<br>691200 |<br>i Ceramic Tableware, Kitchenware and other | 69120010 |<br>r household articles | 69120020 |<br>73239420<br>ce Stainless Steel Utensils 73231000<br>Be | 4 | 69120090 |<br>Insulated oe ___|73239990<br>Insulated Cooler Bag, Insulated Lunch Bag, |<br>Tote, Insulated Tote Shopping |<br>Bag, Insulated Water Bag, Insulated Cooler 42029200<br>3. Bag with EVA bottom, Insulated Marine<br>Cooler Bag, | 42021290<br>Insulated Food Delivery Bag, Insulated<br>Cooler Bag with wheel and handle, ee<br>5<br>----- End of picture text -----<br>
Minutes of the 148 Unit Approval Committee Meeting of Kandla SEZ held on 17.09.2019 at 11:30 hrs. under the Chairmanship of Dr. Amiya Chandra, Development Commissioner, Kandla Special Economic Zone.
eeae eee Insulated Camping Cooler Bag, | Insulated Cooler Bag for Frozen Food, etc. Shri Arun Hajare, Manager of the company appeared before the Approval Committee and explained their proposal. Shri Hajare stated that they are already in KASEZ for manufacturing of Plastic Thermo ware/Insulated Ware, Vacuum Flasks and Plastic Household Articles like ice box, water cooler, etc. Now, the overseas customers are also requesting for insulated cooler bag, lunch box, etc. along with their manufactured goods and for this they have requested for addition of trading activity in their existing manufacturing LoA.
The Approval Committee after due deliberation decided to approve the broad-banding of trading activity of only item at Sr. No. 3 above in their existing LoA for manufacturing activity subject to the condition that the said items will be only imported and 100% exported on net to net basis & no DTA sale will be allowed. Further, the unit will maintain separate accounts for manufacturing and trading activity.
AGENDA ITEM NO. 148.2.2
Broad banding of Manufacturing Activity (Addition of two new products in unit’s LoA - Request of M/s. Dyna Glycols Pvt. Ltd., KASEZ, Gandhidham.
M/s. Dyna Glycols Pvt. Ltd., KASEZ, Gandhidham is an approved unit with LoA dated 31.05.2006 issued from F. No. KASEZ/1A/07/2006-07/1131 for manufacturing activity, as amended.
Now, the said unit has requested for broad banding of their manufacturing activity for following 02 items:
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----- Start of picture text -----<br> ceashee cesar e ea<br>Description Of Goods ITC HS Code<br>Product 43R (Stearyl Alcohol)_ 3823 7040<br>Product 33R (Oley! Alcohol) 3823 7030<br>----- End of picture text -----<br>
The Approval Committee after due deliberation decided to approve the broad-banding of manufacturing activity of above two items in their existing LoA subject to the condition that any restrictions on import/export of above items and its raw materials will apply.
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----- Start of picture text -----<br> er<br>----- End of picture text -----<br>
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Minutes of the 148th Unit Approval Committee Meeting of Kandla SEZ held on 17.09.2019 at 11:30 hrs. under the Chairmanship of Dr, Amiya Chandra, Development Commissioner, Kandla Special Economic Zone,
AGENDA ITEM NO. 148.2.3
Permission for broad banding of trading activity (Addition of new item) - Request of M/s. Zip Zap Exim (P) Ltd., KASEZ, Gandhidham.
The Committee observed that no representative from the proposed unit came to present the proposal. As such, the Committee decided to defer the proposal till the next meeting.
AGENDA ITEM NO. 148.2.4
Request for broad banding of Warehousing Activity in their existing Letter of Approval No. 8/13/88-FTZ dated 01.11.1988 (as amended) by M/s Pet Plastics Ltd., KASEZ.
The Committee noted that the unit vide its letter dated 16.09.2019 has intimated that their MD has undergone unforeseen medical emergency and requested to postpone their proposal in the next UAC meeting. As such, the Committee decided to defer the proposal till the next meeting.
148.3 MISCELLANEOUS ITEMS
AGENDA ITEM NO. 148.3.1
Intimation of merger of M/s. Mikasa Cosmetics Limited, KASEZ with M/s. MESO Private Limited, KASEZ.
M/s MESO Private Limited is an approved unit for manufacturing and trading activity vide LoA No. KFTZ/IA/1667(A)/96 dated 06.03.1997, as amended, The unit vide its letter dated 01.08.2019 had intimated regarding merger of M/s. Mikasa Cosmetics Limited, KASEZ with M/s. MESO Private Limited, KASEZ as accepted by the National Company Law Tribunal, Mumbai in its order dated 04.07.2019. M/s Mikasa Cosmetics Limited is an approved unit for manufacturing activity vide LoA No. KASEZ/IA/027/2005-06 dated 03.10.2006, as amended.
The Committee noted that they filed an application for merger of both units before the National Company Law Tribunal, Mumbai and the Tribunal vide its order dated 04.07.2019 has accepted their request and merged M/s Mikasa Cosmetics Limited with M/s MESO Private Limited.
Accordingly, the Approval Committee after due deliberation decided to take on records merger of M/s Mikasa Cosmetics Limited with M/s. MESO Private Limited subject to following conditions: -
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Minutes of the 148 Unit Approval Committee Meeting of Kandla SEZ held on 17.09.2019 at 11:30 hrs. under the Chairmanship of Dr. Amiya Chandra, Development Commissioner, Kandla Special Economic Zone.
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a 1. Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity.
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Fulfillment of all eligibility criteria applicable to unit, including security clearances etc. by the altered unit entity and its constituents.
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Applicability of and compliance with all Revenue/Company Affairs/ SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc.
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Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member(IT), CBDT, Department of Revenue and to the Jurisdictional Authority.
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The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961.
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The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable.
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The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT.
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AGENDA ITEM NO. 148.3.2
Intimation of change in Directorship — Request of M/s. Ashok & Co. - Pan Bahar Ltd., KASEZ, Gandhidham. M/s. Ashok & Co. - Pan Bahar Ltd., KASEZ, Gandhidham is an approved unit for manufacturing activity vide LoA No. 003/2013-14 dated 03.06.2013, as amended.
Now the said unit has intimated regarding the Cessation of Sh. Akhil Jain & Sh. Pawan Kumar Jain as company’s Director and appointment of Sh. Gopal Gupta, Mrs. Pooja Jain & Sh. Arvind Kumar Jain as Directors and submitted necessary filing of changes with ROC (MCA) - Form No. DIR-12 and submitted board resolution to this effect and has also submitted that the shareholding pattern of the company is unchanged.
The Committee noted that before the cessation and appointment of new directors, they had following Directors on Board:
- Sh. Rajiv Kumar Jain
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----- Start of picture text -----<br> aie<br>----- End of picture text -----<br>
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Minutes of the 148t Unit Approval Committee Meeting of Kandla SEZ held on 17.09.2019 at 11:30 hrs. under the Chairmanship of Dr. Amiya Chandra, Development Commissioner, Kandla Special Economic Zone.
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2. Sh. Akhil Jain 3. Sh. Pawan Kumar Jain
Now, after cessation and appointment of Directors, they have following Directors are on Board:
- Sh. Rajiv Kumar Jain 2. Sh. Arvind Kumar Jain 3. Sh. Gopal Gupta 4. Sh. Pooja Jain
The Committee noted that Department of Commerce vide Instruction No. 89 dated 17.05.2018 had issued guidelines regarding change in shareholding pattern, name change pertaining to SEZ units wherein change of name, change of shareholding pattern, etc. may be undertaken with the prior approval of Approval Committee in respect of units. Therefore, the Approval Committee after due deliberation decided to approve and take on record the proposal of change in Directors of the company as above subject to following conditions: -
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Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity.
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Fulfilment of all eligibility criteria applicable to unit, including security clearances etc. by the altered unit entity and its constituents.
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Applicability of and compliance with all Revenue/Company Affairs/ SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc.
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Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT, Department of Revenue and to the Jurisdictional Authority.
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The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961.
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The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable.
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----- Start of picture text -----<br> Uren<br>----- End of picture text -----<br>
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Minutes of the 148th Unit Approval Committee Meeting of Kandla SEZ held on 17.09.2019 at 11:30 hrs. under the Chairmanship of Dr. Amiya Chandra, Development Commissioner, Kandla Special Economic Zone.
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- The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT.
AGENDA ITEM NO. 148.3.3
Intimation for change in Partnership of M/s Yash Polyplast, KASEZ
M/s Yash Polyplast, KASEZ is an approved unit for manufacturing and trading activity vide Letter of Approval dated 07.04.2014 issued from F. No. KASEZ/IA/018/2013-14, as amended,
Now the said unit has intimated regarding change in partnership of the firm and have submitted notarized true copy of Reconstituted Deed of Partnership dated 21.08.2019.
The Committee noted that the share in profit/loss of the firm before change in partnership was as under:
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----- Start of picture text -----<br> Name of the Partners igi Share ___ in|<br>_______|Profit/Loss _<br>Sh. Surendra Sanghavi 20/2.)<br>Sh. Vipul Sanghavi o0%<br>| TOTAL 100%<br>----- End of picture text -----<br>
Now, after change in Partnership of the firm, the shareholding pattern/profit-loss sharing ratio of the firm is as under: Name of the Partners Share in Profit /Loss Sh. Vipul Sanghavi 20% Smt. Dipika Sanghavi 25%. TOTALSh. Yash Sanghavi jan ____. 100%Bs
The Committee noted that Department of Commerce vide Instruction No. 89 dated 17.05.2018 had issued guidelines regarding change in shareholding pattern, name change pertaining to SEZ units wherein change of name, change of shareholding pattern, etc. may be undertaken with the prior approval of Approval Committee in respect of units.
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The Committee further noted that the change in share in profit/loss of
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the firm is to the extent of 50%. Therefore, the Approval Committee after due deliberation decided to approve and take on record the proposal of change in profit/loss sharing ratio of the firm as above subject to following conditions: 1. Seamless continuity of the SEZ _ activities with unaltered responsibilities and obligations for the altered unit entity.
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Minutes of the 148% Unit Approval Committee Meeting of Kandla SEZ held on 17.09.2019 at 11:30 hrs. under the Chairmanship of Dr. Amiya Chandra, Development Commissioner, Kandla Special Economic Zone.
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Fulfilment of all eligibility criteria applicable to unit, including security clearances etc. by the altered unit entity and its constituents.
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Applicability of and compliance with all Revenue/Company Affairs/ SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc.
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Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT, Department of Revenue and to the Jurisdictional Authority.
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The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961.
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The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable.
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The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT.
AGENDA ITEM NO. 148.3.4
Intimation of change in Directorship - Request of M/s. Vigyan Chemicals Pvt. Ltd., KASEZ, Gandhidham. The Committee noted that the unit is having outstanding rental dues and user charges of Rs. 29.37 lakhs upto 30.06.2019 and also as the unit did not made repayment of loan taken from the financial institution, the financial institution had initiated Legal Recovery Actions including SARFAESI proceedings against M/s. Vigyan Chemicals Pvt. Ltd. and took symbolic possession of the plot allotted to the unit in KASEZ. Therefore, in view of the above, the Approval Committee decided to defer their said proposal for change in Directorship.
AGENDA ITEM NO. 148.3.5 Intimation for change in Partnership of M/s Mahamaya Construction & Engineer, Plot No. 438/A, Sector-IV, KASEZ, Gandhidham.
M/s Mahamaya Construction & Engineer, KASEZ is an approved unit for warehousing service activity vide Letter of Approval dated 16.02.2015 issued from F. No. KASEZ/1A/014/2014-15, as amended.
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Minutes of the 148% Unit Approval Committee Meeting of Kandla SEZ held on 17.09.2019 at 11:30 hrs. under the Chairmanship of Dr. Amiya Chandra, Development Commissioner, Kandla Special Economic Zone.
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Now the said unit has intimated regarding change in partnership of the firm and have submitted modified Partnership Deed dated 16.05.2016.
The Committee noted that before change in the partnership, the share of profit & loss of the firm was as below :
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----- Start of picture text -----<br> Sl. No. | Name of the Partners Share in Profit /Loss<br>40%<br>30%<br>or ae TOTAL 100% a<br>----- End of picture text -----<br>
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----- Start of picture text -----<br> The unit further submitted that in April 2014 one more partnership<br>deed was executed wherein there were 05 partners in the firm and the share<br>of profit & loss of the firm was as below:<br>|Sl.No. |Name ofthe Partners | Share in Profit/Loss<br>35%<br>20%<br>ee<br>a Mr. Piyush Mall | Me: een<br>TOTAL 100% _..<br>----- End of picture text -----<br>
Now, after change in Partnership of the firm as per Partnership Deed dated 16.05.2016, the shareholding pattern/profit-loss sharing ratio of the firm is as under: Name of the Partners Share in Profit/Loss Mr. Rajesh Bajpai 45% Smt. Kavita Apresh Bajpai 10% | Smt. Anjima Bajpai 25% Mr. Avinash Bajpai 20% ] ie ee a 100% The Committee noted that Department of Commerce vide Instruction No. 89 dated 17.05.2018 had issued guidelines regarding change in shareholding pattern, name change pertaining to SEZ units wherein change of name, change of shareholding pattern, etc. may be undertaken with the prior approval of Approval Committee in respect of units. The Committee further noted that the change in share in profit/loss of the firm is below 50%. Therefore, the Approval Committee after due deliberation decided to approve and take on record the proposal of change in profit/loss sharing ratio of the firm as above subject to following conditions:
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Minutes of the 148 Unit Approval Committee Meeting of Kandla SEZ held on 17.09.2019 at 11:30 hrs. under the Chairmanship of Dr. Amiya Chandra, Development Commissioner, Kandla Special Economic Zone.
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Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity.
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Fulfilment of all eligibility criteria applicable to unit, including security clearances etc. by the altered unit entity and its constituents.
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Applicability of and compliance with all Revenue/Company Affairs/ SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc.
- 4, Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT, Department of Revenue and to the Jurisdictional Authority.
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The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc as may be applicable and eligibility for deduction under relevant sections of the Income Tax Act, 1961.
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The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable.
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The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT.
AGENDA ITEM NO. 148.3.6
Intimation of change in Partnership Deed of M/s SRB Foods India, KASEZ.
M/s SRB Foods India, KASEZ is an approved unit for manufacturing of Pan Masala, Gutkha, Zarda, Khaini, Filter Khaini & Pandapuri Khaini and Shessa Tobacco in Kandla Special Economic Zone vide Letter of Approval No. KASEZ/IA/19/2015-16 dated 23.02.2016, as amended.
Now the said unit has intimated regarding change in partners of the firm wherein Mr. Ajay Godara has retired from the firm and two new Partners Mr. Mr. Tanishk Garg and Sumit Singh Rawat has joined as new partners w.e.f. 13.09.2019.
The Committee noted that before admission and retirement of partners from Partnership firm, the details of partners along with their profit and loss ratio were as under:-
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Minutes of the 148" Unit Approval Committee Meeting of Kandla SEZ held on 17.09.2019 at 11:30 hrs. under the Chairmanship of Dr. Amiya Chandra, Development Commissioner, Kandla Special Economic Zone.
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|eres|
|Name|of Partners|profit|andloss|ratio|||
|Shri|Sanjay|Singla|80%|=|
|OD.|Shri|Ajay|Godara|[0%|||||
|TOTAL|100%|||
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|After|admission|and|retirement|of|partners|as|per|partnership|deed|
|dated|13.09.2019,|the|details|of|partners|along|with|their|profit|and|logs|
|ratio|are|as|under:-|
|Name|of|Partners|
|:|||profit|and|loss|ratio|||
|Shri|Sanjay|Singla|\ise|50%>|
|Shri|Tanishk|Garg|25%|
||—s«||TOTALShri Sumit Singh Rawat|100%25%|;|
----- End of picture text -----<br>
The Committee noted that Department of Commerce vide Instruction No. 89 dated 17.05.2018 had issued guidelines regarding change in shareholding pattern, name change pertaining to SEZ units wherein change of name, change of shareholding pattern, etc. may be undertaken with the prior approval of Approval Committee in respect of units.
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The Committee further noted that the change in share in profit/loss of
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the firm is to the extent of 50%. Therefore, the Approval Committee after due deliberation decided to approve and take on record the proposal of change in profit/loss sharing ratio of the firm as above subject to following conditions: 1. Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered unit entity.
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Fulfilment of all eligibility criteria applicable to unit, including security clearances etc. by the altered unit entity and its constituents.
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Applicability of and compliance with all Revenue/Company Affairs/ SEBI etc. rules which regulate issues like capital gains, equity change, transfer, taxability etc.
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Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furnished immediately to Member (IT), CBDT, Department of Revenue and to the Jurisdictional Authority.
- o. The Assessing Officer shall have the right to assess the taxability of the gain/loss arising out of the transfer of equity or merger, demerger, amalgamation, transfer and ownerships etc as may be applicable and
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Minutes of the 148 Unit Approval Committee Meeting of Kandla SEZ held on 17.09.2019 at 11:30 hrs. under the Chairmanship of Dr. Amiya Chandra, Development Commissioner, Kandla Special Economic Zone.
e e EL eee sOE SSNS eligibility for deduction under relevant sections of the Income Tax Act, 1961.
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The applicant shall comply with relevant State Government laws, including those relating to lease of land, as applicable.
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The unit shall furnish details of PAN and jurisdictional assessing officer of the unit to CBDT.
AGENDA ITEM NO, 148.3.7 Request of M/s. Vishvajoti Packaging, KASEZ for Import of Precious Metals - Silver under Warehousing Approval.
M/s. Vishvajoti Packaging, Plot No. 453/472, Sector-I, KASEZ is holding LoA No. KASEZ/IA/07/2007-08 dated 22.06.2007 as amended/extended from time to time for warehousing & packaging for the units in SEZ and/or from abroad for exports. Now the said unit has requested for permission to import precious metals - Silver under warehousing approval. The unit has intimated that recently they have been approached by their overseas clients for import of precious metal - Silver into India under the SEZ Custodian Warehousing Concept whereby the same would be warehoused in Kandla SEZ and based on appropriate market conditions the same would be cleared and released from Kandla SEZ.
Shri Vivek Milak, Constituted Attorney of the firm appeared before the Approval Committee and explained their proposal. Shri Milak stated that they are already in warehousing activity and propose to include precious metals in their said warehousing activity as they are receiving enquiries from overseas clients.
The Committee after due deliberation decided to defer their proposal till the next meeting with direction to the applicant to detailed project report furnish SOPs, details of overseas clients, local nominated agencies, security audit of precious metals and entire procedure they will follow for warehousing of precious metal in the next meeting.
AGENDA ITEM NO. 148.3.8 Permission to warehouse goods on behalf of DTA client —- Request of M/s. Central Warehousing & Trading, KASEZ, Gandhidham.
In the 116% UAC meeting held on 19.07.2017, it was decided that the warehousing units in KASEZ will have to seek permission for any new items which they intend to warehouse on behalf of foreign clients as well as DTA clients and submit KYC of the client before warehousing the items.
Minutes of the 148 Unit Approval Committee Meeting of Kandla SEZ held on 17.09.2019 at 11:30 hrs. under the Chairmanship of Dr. Amiya Chandra, Development Commissioner, Kandla Special Economic Zone. eeene eee eee eee The Committee noted that M/s. Central Warehousing & Trading requested for permission to warehouse goods on behalf of DTA client and submitted list of 8 items to be warehoused in KASEZ alongwith KYC of client. The Committee after due deliberation decided to take on records the items to be warehoused by the above unit on behalf of DTA client as submitted by the unit subject to the condition that none of the items which are restricted or prohibited will be allowed to be warehoused and any restrictions on import/export of any items will apply. AGENDA ITEM NO. 148.3.9 Permission to warehouse goods on behalf of DTA client - Request of M/s. Commodities Trading (SEZ Warehousing Division), KASEZ, Gandhidham.
AGENDA ITEM NO. 148.3.9
In the 116% UAC meeting held on 19.07.2017, it was decided that the warehousing units in KASEZ will have to seek permission for any new items which they intend to warehouse on behalf of foreign clients as well as DTA clients and submit KYC of the client before warehousing the items.
The Committee noted that M/s. Commodities Trading (SEZ Warehousing Division) requested for permission to warehouse goods on behalf of DTA client and submitted list of 3 items to be warehoused in KASEZ alongwith KYC of client. The Committee after due deliberation decided to take on records the items to be warehoused by the above unit on behalf of DTA client as submitted by the unit subject to the condition that none of the items which are restricted or prohibited will be allowed to be warehoused and any restrictions on import/export of any items will apply.
AGENDA ITEM NO. 148.3.10
Permission to warehouse goods on behalf of DTA client — Request of M/s. Mysore Scents Company (Unit-II), KASEZ, Gandhidham.
In the 116th UAC meeting held on 19.07.2017, it was decided that the warehousing units in KASEZ will have to seek permission for any new items which they intend to warehouse on behalf of foreign clients as well as DTA clients and submit KYC of the client before warehousing the items.
The Committee noted that M/s. Mysore Scents Company (Unit-II) requested for permission to warehouse goods on behalf of DTA client and submitted list of items to be warehoused in KASEZ alongwith KYC of client.
Minutes of the 148!» Unit Approval Committee Meeting of Kandla SEZ held on 17.09.2019 at 11:30 hrs. under the Chairmanship of Dr. Amiya Chandra, Development Commissioner, Kandla Special Economic Zone.
Shri Mahesh and Shri Prabhakar, representative of the firm appeared before the Committee and explained their proposal.
The Committee noted that the unit intending to warehouse goods are mostly plastic items which are sensitive in nature and directed the applicant to withdraw their warehousing proposal for plastic related items which they agreed to withdraw their warehousing proposal for plastic related items.
Therefore, the Committee after due deliberation decided to take on record only one item mentioned at Sr. No. 09 to be warehoused by the above unit on behalf of DTA client as submitted by the unit subject to the condition that none of the item which are restricted or prohibited will be allowed to be warehoused and any restrictions on import/export of any items will apply. Further, the above item will be allowed to be warehouse subject to the conditions in the Public Notice issued by the Nhava Sheva Port or other public authorities.
AGENDA ITEM NO. 148.3.11 Permission to warehouse goods on behalf of DTA client —- Request of M/s. Zest Marine Services Pvt. Ltd. (Unit-II), KASEZ, Gandhidham.
In the 116% UAC meeting held on 19.07.2017, it was decided that the warehousing units in KASEZ will have to seek permission for any new items which they intend to warehouse on behalf of foreign clients as well as DTA clients and submit KYC of the client before warehousing the items.
The Committee noted that M/s. Zest Marine Services Pvt. Ltd. (Unit-II) requested for permission to warehouse goods on behalf of DTA client and submitted list of 2 items to be warehoused in KASEZ alongwith KYC of client.
The Committee after due deliberation decided to take on records only one item viz. Chocolate & Other Food Preparation Containing Cocoa and did not allowed Unaccompanied Baggage to be warehoused by the above unit on behalf of DTA chent as submitted by the unit subject to the condition that none of the items which are restricted or prohibited will be allowed to be warehoused and any restrictions on import/export of any items will apply.
AGENDAITEM NO. 148.3.12 Permission to Warehouse goods on behalf of Foreign Clients {M/s Palmon Exports, KASEZ}.
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In the 116 UAC meeting held on 19.07.2017, it was decided that the warehousing units in KASEZ will have to seek permission for any new items which they intend to warehouse on behalf of foreign clients as well as DTA clients and submit KYC of the client before warehousing the items.
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Minutes of the 148t Unit Approval Committee Meeting of Kandla SEZ held on 17.09.2019 at 11:30 hrs. under the Chairmanship of Dr. Amiya Chandra, Development Commissioner, Kandla Special Economic Zone.
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The Committee noted that M/s. Palmon Exports requested for permission to warehouse goods on behalf of Foreign clients and submitted list of 6 items to be warehoused in KASEZ alongwith KYC of clients. The Committee after due deliberation decided to take on records the items to be warehoused by the above unit except Cigarette on behalf of Foreign clients as submitted by the unit subject to the condition that none of the items which are restricted or prohibited will be allowed to be warehoused and any restrictions on import/export of any items will apply. Further, the unit will furnish an undertaking of restarting their manufacturing activity of readymade garments by 15.10.2019 and if they do not restart their manufacturing activity by 15.10.2019, the above warehousing approval granted will be withdrawn.
AGENDA ITEM NO. 148.3.13
Reconsideration of cancellation of In-principle LoA of M/s Jay Bholenath Waybridge.
M/s Jay Bholenath Waybridge was granted in principle LoA for setting up on Weigh Bridge vide letter dated 29.03.2016. The in-principle LoA was further broad-banded for trading activity of melamine, plastic agglomerates, plastic floor sweepings and plastic grindings vide letter dated 07.07.2017.
The said unit further applied for Broad Banding for inclusion of manufacturing activity in their in-principle approval. The approval Committee in its 140% meeting held on 30.01.2019 noted that the inprinciple LoA was granted to the unit on 29.03.2016 and that the unit has neither commenced any activity during the said 3 years period since the issuance of in-principle LoA nor made any request for extension of their inprinciple LoA. The Committee rejected their request and also cancel their inprinciple LoA dated 29.03.2016. The unit filed an appeal before the BoA against rejection of proposal for broad banding of manufacturing activity and cancellation of their in principle LoA by the 140th UAC, KASEZ held on 30.01.2019. The BoA in its 91%t meeting held on 06.08.2019 decided to uphold the unit’s appeal to the limited extent that the authorized operations permitted to the unit vide in-principle LoA dated 29.03.2016 i.e. setting up of weigh bridge and broad-banding permission dated 07.07.2017 for trading activity of melamine, plastic agglomerates, plastic floor sweepings and plastic grindings may be considered by UAC, KASEZ subject to allotment of land after following the norms.
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Minutes of the 148th Unit Approval Committee Meeting of Kandla SEZ held on 17.09.2019 at 11:30 hrs, under the Chairmanship of Dr. Amiya Chandra, Development Commissioner, Kandla Special Economic Zone.
Therefore, the Approval Committee after due deliberation decided to grant approval for setting up of weigh bridge and trading activity of melamine, plastic agglomerates, plastic floor sweepings and plastic grindings subject to the unit obtaining allotment of shed/land after following due norms/ procedures. AGENDA ITEM NO. 148.3.14 Permission to supply goods to Customs Bonded Warehouse - Request of M/s. Zest Marine Services Pvt. Ltd., KASEZ, Gandhidham, M/s. Zest Marine Services Pvt. Ltd., KASEZ, Gandhidham is an approved unit with LoA dated 12.08.2010 issued from F. No. KASEZ/IA/016/2010-11 for trading activity subject to certain terms and conditions enumerated in the aforesaid Letter of Approval. Now the unit has submitted that they are having broad-banding permission for trading activity of Juices, Soft Drinks, Wine, Beer & Whisky vide letter dated 15.01.2019 for supply of the same to foreign bound vessels calling Kandla Port and Mundra Port. Now, they have requested for allowing the removal of above items to clients having Customs Bonded Warehouse which in turn will supply the goods to foreign vessels/ exports. exports. The Committee noted that the above items are sensitive items and therefore the Approval Committee after due deliberation decided to reject the request of the unit for supply of above items to Customs Bonded Warehouse.
Now the unit has submitted that they are having broad-banding permission for trading activity of Juices, Soft Drinks, Wine, Beer & Whisky vide letter dated 15.01.2019 for supply of the same to foreign bound vessels calling Kandla Port and Mundra Port. Now, they have requested for allowing the removal of above items to clients having Customs Bonded Warehouse which in turn will supply the goods to foreign vessels/ exports. exports.
TABLE AGENDAItem No.148.4.1
Application for setting up of a unit in KASEZ namely M/s. Coastal Gateway Ltd. having its head office at 8-3-222/1/1F-204, Shalimar Apts., Madhura Nagar, Hyderabad, Telangana - 500 038.
Their proposal was for setting up a unit in Kandla SEZ for warehousing service activity at FTWZ developed by M/s Kandla Free Trade Warehousing Private Limited in KASEZ.
Shri Kiran Nair, Representative of the company appeared before the Approval Committee and explained their proposal.
The Committee noted that the applicant has requested for warehousing of all OGL & Free items except restricted, prohibited items, arms and ammunitions, hazardous wastes and SCOMET items as per ITC HS Policy and directed the applicant to furnish specific items to be warehoused.
The Approval Committee after due deliberation decided to approve the proposal subject to standard terms and conditions ®& the applicant furnishing specific list of items to be warehoused and also subject to | neni
Minutes of the 148 Unit Approval Committee Meeting of Kandla SEZ held on 17.09.2019 at 11:30 hrs, under the Chairmanship of Dr. Amiya Chandra, Development Commissioner, Kandla Special Economic Zone.
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additional condition that the unit should seek a prior approval of any additional items they intent to warehouse and submit KYC details of clients to the Office of the Development Commissioner before undertaking the authorised activity.
The meeting ended with vote of thanks of the chair.
(Dr. Amiya Ch ra) Development Comnmssioner
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