IN FORCE SEZ / EOU / FTWZ undated

Minutes of the 182nd meeting of Approval Committee

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Minutes of the 182nd Unit Approval Committee Meeting of Kandla SEZ held on 31.08.2022 at 10:00 hrs. under the Chairmanship of Shri Akash Taneja, Development Commissioner, Kandla Special Economic Zone.

Following were present (via Video Conferencing):

Shri. Satyadeep
: Joint Development Commissioner,
Mahapatra

KASEZ.

Shri. Vincent Colaco : Assistant Commissioner of Income Tax, Gandhidham.
Shri. Kanak P. Der : General Manager, DIC, Bhuj.

Absentees:-

Director (Banking)
SDM
Kandla Customs
DGFT
I Review/Confirmation of the minutes of last meeting (181st UAC) of the Approval Committee:-

Minutes of the last meeting of Approval Committee were confirmed.

182.1 NEW UNIT APPLICATION

AGENDA ITEM NO. 182.1.1 Application for setting up of a Manufacturing activity unit in KASEZ namely M/s. Creative Free Trade Warehousing Pvt. Ltd. (Unit- II), Shed No. 333 to 340, Sector-IV, Kandla Special Economic Zone, Gandhidham, Kutch-370201.

A proposal has been submitted by M/s Creative Free Trade Warehousing Pvt. Ltd. (Unit- II), KASEZ, Gandhidham for setting up a unit in Kandla SEZ for manufacturing activity.

Shri Lal Advani, General Manager of the company explained their proposal. Shri Advani stated they are already in KASEZ for warehousing service activity and for further expansion they propose to set up a new manufacturing unit in KASEZ as Unit-II and for the proposed manufacturing activity they will utilize their existing premises allotted to them for their warehousing unit in KASEZ.

The Committee asked the representative of the company as to why the manufactured goods and one of the raw materials proposed viz. NPK Fertilizer are one and the same. In this regard, Shri Advani explained that the raw material viz. NPK fertilizer imported/procured will be in powder/semi-powder form and may be in different potency than that of finished product. The raw materials will be put to further process viz. treatment, granulation, cleaning, mixing etc. to arrive at desired finished product as per clients’ requirements.

The Approval Committee after due deliberation decided to approve the proposal for manufacturing activity subject to the standard terms and conditions: -

i) As regards raw materials falling under the “Restricted” category as per FTP, only those Restricted Raw Materials shall be permitted for which specific permission has been accorded by the UAC. ii) Further, the import and export of items will be subject to the FTP conditions in the manner applicable to the SEZ units. iii) In case of any discrepancy/mismatch between the ‘Description of Goods’ as provided by the Unit & ‘Description of goods as per DGFT Import Policy’, the later will prevail.

iv) Further, the applicant will obtain registration/clearance/any other mandatory requirement prescribed under any Act/Rules from concerned agencies before undertaking of such activities. v) Further, the applicant will give an undertaking that none of the items proposed and its raw materials are falling under negative list and if the items are found in negative list, penal action will be initiated against them.

AGENDA ITEM NO. 182.1.2 Application for setting up of a Manufacturing & Warehousing unit in KASEZ namely M/s. Skylink Petrochemicals Pvt. Ltd., 92, Ground Floor, Bhogal Road, Bhogal, New Delhi – 110 014.

A proposal has been submitted by M/s Skylink Petrochemicals Pvt. Ltd., New Delhi for setting up a new unit in Kandla SEZ for manufacturing and warehousing activity.

Shri Abhinav Aggarwal, Director of the company explained their proposal and informed that they are already in the business of manufacturing of thinner, solvent, etc. Further, they have so many years experience in the business of Chemicals and already have export orders. Shri Aggarwal, further, informed that due to logistics, high costs of freight, they wish to set up a unit in KASEZ for manufacturing and warehousing service activity.

The Committee noted that one of the finished products is restricted and most of the raw materials and items proposed for warehousing service activity are sensitive and some of them fall under STE regime too.

The Approval Committee after due deliberation decided to approve the proposal for setting up a manufacturing & warehousing unit for chemicals except item at Sr. No. 2, 3 of the Agenda from manufacturing activity, deletion of Sr. Nos. 8 to 11 & 15 of their list of raw materials and items at Sr. Nos. 6, 14 to 18 of the Agenda from warehousing service activity. This approval is also subject to standard terms and conditions as under: -

i) Any restrictions on import/export of manufacturing items and its raw materials will apply.
ii) None of the items which are restricted or prohibited will be allowed to be manufactured/imported/warehoused and any restrictions on import/export of any items will apply unless specifically permitted by the UAC.

iii) iv) Further, the items will be subjected to the Policy Conditions specified in DGFT’s ITC HS Code wherever applicable.
v) The above permission is also subject to further condition that the unit shall maintain separate accounts for Manufacturing and warehousing activity and earmark separate space for both the activities.
vi) Further, the unit will submit separate APRs for both of their Manufacturing and warehousing activities.
vii) Further, the applicant will obtain registration/clearance/any other mandatory requirement prescribed under any Act/Rules from concerned agencies before undertaking of such activities. viii) items proposed and its raw materials are falling under negative list and if the items are found in negative list, penal action will be initiated against them.

AGENDA ITEM NO. 182.1.3 Application for setting up of a Warehousing unit in KASEZ namely M/s. Tulip Exim Pvt. Ltd. (Unit-II), Shed No 269 and 270, A-I Type, Sector – III, Kandla SEZ, Gandhidham – Kutch 370 230.

A proposal has been submitted by M/s Tulip Exim Pvt. Ltd. (Unit-II), KASEZ, Gandhidham for setting up a new unit in Kandla SEZ for Warehousing service activity.

Shri Faiyaz Talu, Authorised Representative of the company explained their proposal and informed that they are engaged in worn/used clothing business in KASEZ. Now as the market is slow for worn/used clothing they intend to set up Unit-II for warehousing activity. He further stated that they are having Shed No. 269 & 270, Sector – III, KASEZ which are separate sheds and same will be utilised for the proposed warehousing activity.

The Committee noted that the unit is an existing unit engaged in worn/used clothing operations and have applied for Unit-II for warehousing unit in the same name and directed the applicant not to mix up proposed warehousing service activity with their worn/used clothing unit. Accordingly, the Committee directed the applicant to apply for setting up warehousing unit in the new name i.e. a separate entity for warehousing service activity and with a proposal for separate space.

Therefore, the Approval Committee after due deliberation decided to reject their proposal with a direction to the applicant to come up with a fresh proposal with new company name i.e. a separate entity for warehousing service activity and with a proposal for separate space.

AGENDA ITEM NO. 182.1.4 Application for setting up of a Manufacturing unit in KASEZ namely M/s. Varsur Impex Pvt. Ltd. (Unit - II), 252-II, S/F, Kailash Plaza, Sant Nagar, New Delhi – 110 065.

A proposal has been submitted by M/s Varsur Impex Pvt. Ltd. (Unit - II), New Delhi for setting up a new unit in Kandla SEZ for manufacturing activity.

Shri Mahinder Kapoor, Authorised Representative of the company explained their proposal and informed that they are already having a warehousing unit in KASEZ and start operations since last 1 year. Further, Shri Kapoor stated that they wish to set up a pan masala manufacturing unit in KASEZ and propose to utilize part of their existing premises i.e. 1st floor of Shed No. 168 allotted to their warehousing unit in KASEZ.

The Approval Committee observed that the list of raw materials submitted by the applicant is not in line with that of other working units of SEZ, which are into manufacturing the similar goods and some of raw materials are sensitive/restricted and accordingly advised the applicant to prune the list of raw materials.

Therefore, the Approval Committee, after due deliberations, approved the proposal, subject to the Applicant submitting the pruned list of raw materials and also subject to standard terms and conditions for such units which, inter-alia, 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.

i) Any restrictions on import/export of above items and its raw materials will apply.
ii) In case of any discrepancy/mismatch between the above ‘Description of Goods’ as provided by the Unit & ‘Description of goods as per DGFT Import Policy’, the later will prevail. iii) Further, the items proposed for manufacturing and the raw materials will not be allowed to be taken out of the Zone for job- work/sub-contracting.

iv) v) items proposed above are falling under negative list and are not hazardous or require environmental clearance for storage/ transmission/handling and if the items are found in negative list or hazardous in nature, penal action will be initiated against them.

182.2 REQUEST FOR BROADBANDING/ITEM ADDITION

AGENDA ITEM NO. 182.2.1 Request for additional items for manufacturing activity in their existing Letter of Approval No. 24/2017-2018 dated 01.09.2017 issued to M/s Probity Make Keep & Trades (Unit II) KASEZ.

M/s. Probity Make Keep and Trades (Unit-II), KASEZ is an approved unit with LoA dated 01.09.2017 issued from F. No. KASEZ/IA/B.T(II)- 24/2017-18 for manufacturing activity (i) Cold rolled Stainless Steel Sheet (ii) Coils and Circles of different specification (from C.R Sheets and Coils H.S Code- 72193190, 72193390) subject to terms and conditions enumerated in the aforesaid Letter of Approval, as amended.

The said unit has now requested for broad banding of their manufacturing activity for addition of 07 items in their existing LoA.

Shri Rakesh Bansal, Proprietor of the firm explained their proposal. Shri Bansal stated that they propose to set up a cold rolling mill and for that they want to include some items in their manufacturing activity in their existing LoA. He further stated that for the proposed broad-banding items they proposed to make substantial investment in capital goods and they are expecting significant improvement in export turnover for the five years period and the raw material viz. HR/CR coils will be imported and they will utilize existing premises for the said cold rolling mill.

The Approval Committee after due deliberation decided to approve the proposal for additional items in manufacturing activity subject to standard terms and conditions: -

i) Any restrictions on import/export of manufacturing items and its raw materials will apply.

ii) The items falling under Chapter 72 will be subject to compulsory registration under Steel Import Monitoring System (SIMS). iii) iv) v) Further, the applicant will obtain registration/clearance/any other mandatory requirement prescribed under any Act/Rules from concerned agencies before undertaking of such activities. vi) items proposed and its raw materials are falling under negative list and are hazardous or require environmental clearance for storage/transmission/handling and if the items are found in negative list or hazardous in nature, penal action will be initiated against them.

AGENDA ITEM NO. 182.2.2 Request of M/s Transworld Furtichem Pvt. Ltd. (Unit-I), KASEZ for broad banding for addition of two items in manufacturing activity in their existing Letter of Approval No. KASEZ/IA/024/2004-05 dated 26.10.2004.

M/s Transworld Furtichem Pvt. Ltd. (Unit-I), KASEZ is an approved unit for Manufacturing of N.P.K. Fertilizers vide Letter of Approval No. KASEZ/IA/024/2004-05 dated 26.10.2004, as amended.

The said unit has now requested for inclusion of additional item in their manufacturing activity in their existing LoA.

Shri Lal Advani, General Manager of the firm explained their proposal. Shri Advani stated that they have been granted broad-banding permission for superphosphates in the 180th UAC meeting held on 29.06.2022 and now they are receiving enquiries for superphosphate with characteristics different from that of those of approved items and accordingly they wish to include two items, falling under different ITC HS codes, in their manufacturing activity in their existing LoA.

The Approval Committee after due deliberation decided to approve the proposal for additional items in manufacturing activity subject to standard terms and conditions: -

i) Any prohibitions on import/export of manufacturing items and its raw materials will apply.
ii) Further, the import and export of items will be subject to the FTP conditions in the manner applicable to the SEZ units. iii) iv) Further, the applicant will obtain registration/clearance/any other mandatory requirement prescribed under any Act/Rules from concerned agencies before undertaking of such activities. v) items proposed are falling under negative list or are hazardous or require environmental clearance for storage/transmission/ handling and if the items are found in negative list or hazardous in nature, penal action will be initiated against them.

182.3 MISCELLANEOUS ITEMS

AGENDA ITEM NO. 182.3.1 Intimation for change in the name of the unit and change in Partnership of M/s India International, KASEZ

      M/s India International, KASEZ is an approved unit for Trading &

warehousing service Activity vide LoA No. F. No. KASEZ/IA/001/2010-11 dated 28.04.2010, as amended.

Now the said unit has intimated regarding change in the name of the unit and change in partnership and submitted copy of notarized partnership (retirement-cum-admission) deed, Supplementary deed (for change of name) and copy of “Form-G” issued by Register of Firms.

The unit has also intimated that their company name is changed from “INDIA INTERNATIONAL” to “HARMANN LEVER EXIM”.

The Committee noted that Department of Commerce vide Instruction No. 109 dated 18.10.2021 has issued guidelines regarding 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).

Therefore, the Approval Committee after due deliberation decided to take on record the proposal of change in the name of the unit from “M/s. INDIA INTERNATIONAL” to “M/s. HARMANN LEVER EXIM” and change

in partnership of the firm subject to submission of updated KYC and Income Tax returns of their new partners, submission of indemnity bond and also subject to fulfilment of conditions as stipulated vide Instruction No. 109 dated 18.10.2021.

The Committee also directed to forward the case of change in Constitution to the Income Tax Department for necessary action at their end.

AGENDA ITEM NO. 182.3.2 Intimation for change in Partnership of M/s Isha Impex, KASEZ

M/s Isha Impex, KASEZ is an approved unit for Trading & warehousing Service vide LoA No. KASEZ/IA/21/2020-21 dated 06.11.2020, as amended.

Now the said unit has intimated regarding retirement of one of partners and accordingly change in shareholding pattern and also submitted copy of deed of retirement and “Form-G” issued by Register of Firms.

Therefore, the Approval Committee after due deliberation decided to take on record the proposal of change in partnership of the firm subject to submission of updated KYC and Income Tax returns of their existing partners & NOC from the Customs Section, KASEZ regarding any adverse case pending, if any, submission of indemnity bond and also subject to fulfilment of conditions as stipulated vide Instruction No. 109 dated 18.10.2021.

The Committee also directed to forward the case of change in Constitution to the Income Tax Department for necessary action at their end.

AGENDA ITEM NO. 182.3.3 Request of M/s Probity Make Keep and Trades, KASEZ for change in the name to M/s Kahuna Industries Private Limited and takeover of existing proprietorship firm by private limited company.

M/s. Probity Make Keep and Trades, KASEZ is an approved unit with LoA dated 28.04.2006 issued from F. No. KASEZ/IA/05/2005-06 for Trading activity and Warehousing activity subject to certain terms and conditions enumerated in the aforesaid Letter of Approval.

Further, it is to submit that M/s Probity Make Keep and Trades is having four units in KASEZ.

Now the said unit has requested for change of name of their units from M/s Probity Make Keep and Trades to M/s Kahuna Industries Private Limited. Now they have intimated that the newly formed private limited company namely M/s Kahuna Industries Private Limited has taken over the existing proprietorship firm i.e. M/s Probity Make Keep and Trades.
Further, they have also intimated the shareholding pattern of the newly formed private limited company.

Shri Rakesh Bansal, Director of M/s Kahuna Industries Private Limited explained that the proprietorship firm will be taken over by the private limited company with the assets and liabilities as on 30.08.2022. The Committee directed him to produce documentary evidence regarding the takeover after the transaction is completed.

Therefore, the Approval Committee after due deliberation decided to take on record the proposal of change in the name of the unit from “M/s. Probity Make Keep and Trades” to “M/s. Kahuna Industries Private Limited” and taken over of the existing proprietorship firm by private limited company subject to fulfilment of conditions as stipulated vide Instruction No. 109 dated 18.10.2021.

The Committee also directed to forward the case of change in Constitution to the Income Tax Department for necessary action at their end.

AGENDA ITEM NO. 182.3.4 Intimation of change in Limited Liability Partnership Agreement of M/s Sabar Aroma Overseas LLP, KASEZ.

M/s Sabar Aroma Overseas LLP, KASEZ is an approved unit for manufacturing of Pan Masala Guthka, Zarda Khaini/Filter Khaini, Chewing Tobacco & Preparations and Mouth Freshener in Kandla Special Economic Zone vide Letter of Approval No. KASEZ/IA/10/2019-20 dated 16.10.2019, as amended.

Now the said unit has intimated regarding change in partners of the firm wherein one Partner has retired from the firm and three Partners have been inducted in the firm and submitted copy of Company Master Data, copy of LLP Form No. 4 registered with MCA and copy of notarised Limited Liability Partnership Agreement.

Therefore, the Approval Committee after due deliberation decided to take on record the proposal of change in partnership of the firm subject to submission of updated KYC and Income Tax returns of their new partners, submission of legal heir certificate issued by Revenue authorities, submission of will, submission of indemnity bond and also subject to fulfilment of conditions as stipulated vide Instruction No. 109 dated 18.10.2021.

The Committee also directed to forward the case of change in Constitution to the Income Tax Department for necessary action at their end.

AGENDA ITEM NO. 182.3.5 Request for addition of items in Warehousing Activity in their existing LoA No. 16/2015-16 dated 02.02.2016 issued to M/s. Central Warehousing & Trading, KASEZ.

The Committee noted that M/s. Central Warehousing & Trading, KASEZ has requested for permission to warehouse 01 additional item on behalf of Foreign/DTA clients.

Shri Darpan Mehta, Authorized Representative of the firm explained their proposal. Shri Mehta informed that they are receiving enquiries for warehousing of proposed items and accordingly they seek permission to warehouse 01 additional item on behalf of foreign/DTA clients.

The Committee after due deliberation decided to permit the additional item to be warehoused by the above unit on behalf of DTA/Foreign clients as submitted by the unit subject to the unit fulfilling NFE criteria and submission of KYC of their clients and also subject to following conditions:

i) allowed to be warehoused and any restrictions on import/export of any items will apply unless specifically permitted by the UAC. This clause will have overriding effect for any approval granted in LoA now or before. ii) iii) iv) Further, the unit will obtain registration/clearance/any other mandatory requirement prescribed under any Act/Rules from concerned agencies before undertaking of such activities. v) items proposed falls under negative list or is hazardous or requires environmental clearance for storage/transmission/

AGENDA ITEM NO. 182.3.6 Permission to warehouse goods on behalf of Foreign/DTA client – Request of M/s. Flamingo Logistics, KASEZ.

The Committee noted that M/s. Flamingo Logistics has requested for permission to warehouse 01 additional item to be warehoused in KASEZ on behalf of DTA/Foreign clients.

The Committee noted that the unit has requested for warehousing of one item which is falling under others category and therefore the Committee directed the unit to submit specific description of goods falling under the proposed ITC HS code.

The Committee after due deliberation decided to permit the item to be warehoused by the above unit on behalf of DTA/Foreign clients as submitted by the unit (subject to unit submitting specific description of goods falling under the proposed ITC HS code) and subject to the unit fulfilling NFE criteria and submission of KYC of their clients and also subject to following conditions:

i) ii) iii) iv) v) items proposed are falling under negative list or are hazardous

AGENDA ITEM NO. 182.3.7 Permission to warehouse goods on behalf of DTA/Foreign client – Request of M/s. Isha Impex, KASEZ.

The Committee noted that M/s. Isha Impex has requested for permission to warehouse 17 additional items to be warehoused in KASEZ on behalf of DTA/Foreign clients.

The Committee after due deliberation decided to permit the items except items at Sr. No. 1 to 4, 6, 8 to 17 of the Agenda to be warehoused by the above unit on behalf of DTA/Foreign clients as submitted by the unit subject to the unit fulfilling NFE criteria and submission of KYC of their clients and also subject to following conditions:

ii) Further, with respect to warehousing of food preparation items the same is allowed subject to compliance of FSSAI norms and all other statutory compliance viz. NOC from Ministry of Health and other concerned agencies before such clearance. iii) iv) v) vi) items proposed are falling under negative list or are hazardous

AGENDA ITEM NO. 182.3.8 Permission to warehouse goods on behalf of Overseas/ DTA client – Request of M/s. OSGL Overseas, KASEZ.

The Committee noted that M/s. OSGL Overseas has requested for permission to warehouse 08 additional items to be warehoused in KASEZ on behalf of DTA/Foreign clients.

The Committee noted that the proposed items are sensitive in nature and are prone to pilferage.

The Committee after due deliberation decided to reject unit’s proposal.

AGENDA ITEM NO. 182.3.9 Permission to warehouse goods on behalf of DTA/Foreign Clients - Request of M/s. Rekha Superfine Exporters, a unit for manufacturing, trading and warehousing activity, KASEZ.

The Committee noted that M/s. Rekha Superfine Exporters has requested for permission to warehouse 07 additional items to be warehoused in KASEZ on behalf of DTA/Foreign clients.

The Committee after due deliberation decided to permit the items, except items at Sr. No. 2 to 7 of the Agenda, to be warehoused by the above unit on behalf of DTA/Foreign clients as submitted by the unit subject to the unit fulfilling NFE criteria and submission of KYC of their clients and also subject to following conditions:

i) ii) iii) iv) v) items proposed are falling under negative list or are hazardous

AGENDA ITEM NO. 182.3.10 Permission to warehouse goods on behalf of DTA/Foreign Clients - Request of M/s. Shiv Trading Co., a unit for trading and warehousing activity, KASEZ.

The Committee noted that M/s. Shiv Trading Co. has requested for permission to warehouse 18 additional items to be warehoused in KASEZ on behalf of DTA/Foreign clients.

The Committee after due deliberation decided to permit the items, except item at Sr. No. 6, 9, 12 & 13 of the Agenda, to be warehoused by the above unit on behalf of DTA/Foreign clients as submitted by the unit subject to the unit fulfilling NFE criteria and submission of KYC of their clients and also subject to following conditions:

ii) iii) Further, with respect to item at Sr. No. 17 of the agenda, the KASEZ Customs will draw the samples at the time of import of each consignment which will be sent for analysis for which a standing instruction/Circular dated 05.05.2022 is already in force. iv) v) vi) items proposed are falling under negative list or are hazardous

AGENDA ITEM NO. 182.3.11 Permission to warehouse goods on behalf of Foreign/DTA clients - Request of M/s. Sujan Oil & Gas Infra Logistics, KASEZ.

The Committee noted that M/s. Sujan Oil & Gas Infra Logistics has requested for permission to warehouse 02 additional items to be warehoused in KASEZ on behalf of DTA/Foreign clients.

The Committee after due deliberation decided to permit the items to be warehoused by the above unit on behalf of DTA/Foreign clients as submitted by the unit subject to the unit fulfilling NFE criteria and submission of KYC of their clients and also subject to following conditions:

i) ii)

iii) iv) v) items proposed are falling under negative list or are hazardous

AGENDA ITEM NO. 182.3.12 Permission to warehouse goods on behalf of DTA/Foreign Clients - Request of M/s. Zip Zap Exim Pvt. Ltd. Unit-II, KASEZ.

The Committee noted that M/s. Zip Zap Exim Pvt. Ltd. Unit-II has requested for permission to warehouse 02 additional items to be warehoused in KASEZ on behalf of DTA/Foreign clients.

i) ii) iii) iv) v) items proposed are falling under negative list or are hazardous

AGENDA ITEM NO. 182.3.13 Permission to warehouse goods on behalf of Foreign/DTA client – Request of M/s. AB Warehousing, KASEZ.

The Committee noted that M/s. AB Warehousing has requested for permission to warehouse 04 additional items to be warehoused in KASEZ on behalf of DTA/Foreign clients.

The Committee noted that a case has been booked by the DRI against the said unit and therefore the Approval Committee after due deliberation decided to defer their proposal till the DRI case against the unit is completed/resolved.

AGENDA ITEM NO. 182.3.14 Permission to warehouse goods on behalf of DTA/Foreign Clients - Request of M/s. Star Exim Warehouse, KASEZ.

The Committee noted that M/s. Star Exim Warehouse has requested for permission to warehouse 04 additional items to be warehoused in KASEZ on behalf of DTA/Foreign clients.

The Committee noted that recently a case has been booked by the DRI against the said unit and therefore the Approval Committee after due deliberation decided to defer their proposal till the DRI case against the unit is completed/resolved.

AGENDA ITEM NO. 182.3.15 Permission to warehouse goods on behalf of Foreign/DTA client – Request of M/s. Max Impex, KASEZ.

The Committee noted that M/s. Max Impex has requested for permission to warehouse 04 additional items to be warehoused in KASEZ on behalf of DTA/Foreign clients.

ii) Further, with respect to warehoused item viz. Wall Paper, the KASEZ Customs will draw the samples at the time of import and export of each consignment which will be sent for analysis of GSM and other aspects. iii) iv) v) vi) items proposed are falling under negative list or are hazardous

AGENDA ITEM NO. 182.3.16 Amendment to condition stipulated in permission letter dated 14.09.2021 – Request of M/s JMBM Warehousing, KASEZ

M/s JMBM Warehousing, KASEZ is an approved unit for Manufacturing, Trading and warehousing activity vide LoA No. 28/2020-21 dated 09.12.2020, as amended.

Condition no. (vi) of the permission letter dated 14.09.2021 issued to the unit reads as “Further, with respect to warehoused item at Sr. No. 1 & 2, the KASEZ Customs will take the samples at the time of import and export of each consignment which will be sent for analysis.”

Now the said unit has requested for waiver/relaxation of condition no. (vi) of the permission letter issued vide F. No. KASEZ/IA/28/2020-21/5357 dated 14.09.2021. The unit has stated that till date samples were drawn in respect 20 consignments and all the consignments received positive test reports. Further, the unit stated that drawing of sample in each consignment is causing delay in clearance of shipment, resulting in higher operational costs and affecting competitiveness.

The Approval Committee after due deliberation decided to accede to the request of the unit and directed the Customs authorities to draw

samples as per prevailing Customs provisions/practice/procedure instead of drawing sample in each consignment.

AGENDA ITEM NO. 182.3.17 Deletion/Amendment of conditions stipulated in broad-banding permission letter dated 15.07.2022 – Request of M/s Transworld Furtichem Pvt. Ltd. (Unit-I), KASEZ

M/s Transworld Furtichem Pvt. Ltd. (Unit-I), KASEZ is an approved unit for Manufacturing of N.P.K. Fertilizers vide Letter of Approval No. KASEZ/IA/024/2004-05 dated 26.10.2004, as amended.

Now the said unit has requested for deletion of condition no. 5 and amendment of condition no. 6 imposed in the broad banding permission letter dated 15.07.2022.

The Condition no. 5 & 6 of the broad banding permission letter dated 15.07.2022 issued to the unit reads as under: -

“5. Any restrictions on import/export of manufactured items and its raw materials will apply.

specified in DGFT’s ITC HS Code wherever applicable.”

The Committee noted that the request of the unit for broad-banding of Single Super Phosphate falling under ITC (HS) 31031000 and 31039000 was approved in the 180th UAC meeting held on 29.06.2022 and accordingly broad banding permission letter F. No. KASEZ/IA/024/2004-05/3706 dated 15.07.2022 for additional items in manufacturing activity was issued to the unit.

The Approval Committee after due deliberation decided to defer their request and directed the O/o. the Development Commissioner, KASEZ to take up their request on file for further examination.

Notwithstanding to the decisions of the Committee, if the DC Office/Approval Committee notices any instance of default in rent or
pending legal proceedings as on date of decision of the Committee or any legal proceedings that may be initiated after the decision of the Committee against the unit/firm/company and/or its Proprietor/ Partner/Director, which has a bearing on the decision taken/LoA issued to the firm in any manner, the LoA granted will be liable for

action, including cancellation under the FT (D&R) Act and necessary action will be taken against such units in terms of applicable provisions of law.

The meeting ended with a vote of thanks to the Chair.

(Akash Taneja) Development Commissioner Kandla Special Economic Zone

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