IN FORCE SEZ / EOU / FTWZ undated

Minutes of the 184th meeting of Approval Committee

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Minutes of the 184th Unit Approval Committee Meeting of Kandla SEZ held on 28.10.2022 at 15:30 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 B. G. Vasava
: Assistant Commissioner of Customs,
Kandla
Shri. Vincent Colaco : Assistant Commissioner of Income Tax, Gandhidham.
Shri. M. U. Sumra : Asstt. Manager, DIC, Bhuj.

Absentees:-

Director (Banking)
SDM
DGFT

184.I Review/Confirmation of the minutes of last meeting (183rd UAC) of the Approval Committee:-

Minutes of the last meeting of Approval Committee were confirmed.

184.1 NEW UNIT APPLICATION

AGENDA ITEM NO. 184.1.1 Application for setting up of a Trading and Warehousing unit in KASEZ namely M/s. M M International, NU-4, E-140, Sapna Nagar Main Road, Gandhidham.

A proposal has been submitted by M/s M M International, Gandhidham for setting up a unit in Kandla SEZ for Trading and Warehousing Service activity.

Nobody appeared before the Committee to explain the proposal. Therefore, the Committee decided to defer their proposal.

AGENDA ITEM NO. 184.1.2 Application for setting up of a Trading unit in KASEZ by M/s. Charbhuja Trading Company, Survey No. 391, House No. 94, Bageshree Society-2, Varsamedi, Tal: Anjar (Kutch).

A proposal has been submitted by M/s Charbhuja Trading Company, Varsamedi, Anjar - Kutch for setting up a new unit in Kandla SEZ for Trading activity.

Shri Vivek Milak, Authorized Representative of the firm explained their proposal and informed that they wish to set up a trading unit in KASEZ. He further informed that the Proprietor of the firm is already in the business of trading of agro products and pipes for industrial use and now to cater to the export business they wish to set up a trading unit in KASEZ.

The Committee noted that the applicant has shown an investment of Rs. 48.80 lakhs for indigenous capital goods despite being a Trading unit which do not require Capital Goods unlike manufacturing units. In reply, Shri Milak explained that they will be requiring handling equipments such as hydraulic machines, forklift and cranes for loading/unloading of the goods proposed to be traded. Further, the Committee also noted that the financials of the applicant are not commensurate to the proposed investment and accordingly directed the applicant to furnish documents supporting source of funds/financial strength/net worth of Proprietor.

The Approval Committee after due deliberation decided to approve the proposal for trading activity subject to the applicant furnishing documents

supporting source of funds/financial strength/net worth of Proprietor and also subject to standard terms and conditions: -

i) None of the items which are restricted or prohibited will be allowed to be traded and any restrictions on import/export of any items will apply unless specifically permitted by the UAC. ii) The items falling under Chapter 72 & 73 will be subject to compulsory registration under Steel Import Monitoring System (SIMS). 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 items will be subjected to the Policy Conditions specified in DGFT’s ITC HS Code wherever applicable.
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) Further, the applicant will give an undertaking that none of the items proposed 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. 184.1.3 Application for setting up of a Manufacturing activity unit in KASEZ namely M/s. Venus Pipes and Tubes Limited, Ground Floor, plot No. 275, Tripada Complex, Sector 1/A, Gandhidham 370 201, Kutch- Gujarat.

A proposal has been submitted by M/s Venus Pipes and Tubes Limited, Gandhidham - Kutch for setting up a new unit in Kandla SEZ for Manufacturing activity.

Shri Vivek Milak, Authorized Representative of the company explained their proposal and informed that they wish to set up a manufacturing unit in KASEZ. He further informed that their company is already in the business of manufacturing of proposed goods in DTA and now to cater to export orders and to save on working capital, they wish to set up a unit in KASEZ. Further, Shri Milak informed that their company has been listed in the stock market recently and is the 3rd largest company in steel pipes. He also stated that they will be sizing/resizing, cold drawing/rolling the pipes and which will result in a change in diameter and the same will be exported for supply majorly to chemical and pharmaceutical industries.

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

i) Any restrictions on import/export of manufacturing items and its raw materials will apply.
ii) The items falling under Chapter 73 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 if the items are found in negative list, penal action will be initiated against them.

184.2 REQUEST FOR BROADBANDING/ITEM ADDITION

AGENDA ITEM NO. 184.2.1 Request for broad-banding/addition of manufacturing service activity under Rule 18(6) in their existing Letter of Approval No. KASEZ/IA/ FTWZ/01/2011-12 dated 19.05.2011 issued for warehousing service and trading activities, as amended - Request of M/s Flamingo Logistics, KASEZ.

M/s. Flamingo Logistics, KASEZ, is an approved unit for warehousing and trading activities with LoA issued from F. No. KASEZ/IA/FTWZ/ 001/2011-12 dated 19.05.2011, amended.

The said unit has now requested for permission under Rule 18(6) for providing manufacturing services to their overseas entities in their existing Letter of Approval.

Shri Kiran Singh Kochar, Partner of the firm explained their proposal. Shri Kochar explained that they are already into the business of warehousing of food supplement items apart from other items and now they

propose to add manufacturing services under Rule 18(6) of the SEZ Rules, 2006 on behalf of their foreign principals for food supplement items and informed that they have already entered with a MoU with their foreign party.

The Committee noted that the unit has requested for manufacturing services for food supplement items under Rule 18(6) of SEZ Rules, 2006 which imposes very specific conditions under SEZ Rules, 2006 and is a separate and distinct activity and cannot be clubbed with normal warehousing activity under Rule 18(5). In this context, the Committee felt that the unit should make a separate application for the same. The Committee further noted that the unit has not submitted KYC/contract/MoU pertaining to foreign clients and advised the unit to submit the same along with fresh application.

Therefore, the Approval Committee after due deliberation decided to reject their proposal with direction to the unit to submit a separate application for setting up a new unit under Rule 18(6) of the SEZ Rules, 2006.

AGENDA ITEM NO. 184.2.2 Addition of Items under Trading Activity - Request of M/s Jajoo Rashmi Refractories Pvt. Ltd., KASEZ.

M/s Jajoo Rashmi Refractories Pvt. Ltd., KASEZ is an approved unit for Trading Activity for items i.e. Ferro Silicon of different grades, Quartz Powder & Quartzite Powder (Ramming Mass) & Refractories and has been issued with LoA No. 10/2018-19 dated 31.08.2018, as amended.

The said unit has now requested for addition of one item in their trading activity in their existing LoA.

The Approval Committee after due deliberation decided to approve the addition of one item in trading activity in their existing LoA noting that they are already into the business of similar items. The approval shall be subject to standard terms and conditions: -

i) allowed to be traded and any restrictions on import/export of any items will apply unless specifically permitted by the UAC.
ii) The items falling under Chapter 72 will be subject to compulsory registration under Steel Import Monitoring System (SIMS).

iii) 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.
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 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.

AGENDA ITEM NO. 184.2.3 Broad banding of Manufacturing Activity (Addition of 03 new products in unit’s LoA) - Request of M/s LMP Overseas, KASEZ.

M/s LMP Overseas, KASEZ is an approved unit for Manufacturing, Trading and warehousing service activity vide LoA No. KASEZ/IA/18/2020- 21 dated 09.10.2020, as amended.

The said unit has now requested for broad banding of their LOA in manufacturing activity.

Shri Anand Mehta, Authorised Representative of the firm explained their proposal. Shri Mehta stated that they wish to add some items in their existing manufacturing activity and that they are already have the required infrastructure/set up for the manufacturing of the proposed items.

The Approval Committee after due deliberation decided to approve the proposal for addition of 03 items in manufacturing activity in their existing LoA subject to standard terms and conditions:-

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

iv) No DTA sale is allowed for the proposed manufactured items. v) Further, the betel nut imported will be consumed in their finished products for 100% exports and no job work/trading & intra-zone sale of betel nut will be allowed i.e. the same will be consumed only by the actual user. Further, the betel nut is allowed to be imported subject to the condition that the Import CIF value is not lesser than the MIP prescribed under Import/Export Policy. vi) Further, the applicant will obtain registration/clearance/any other mandatory requirement prescribed under any Act/Rules from concerned agencies before undertaking of such activities. vii) 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. 184.2.4 Addition of new items in their LoA for Trading and Warehousing Service Activity – Request of M/s. Summit India Water Treatment & Services Ltd. (Unit-II), KASEZ.

M/s. Summit India Water Treatment & Services Ltd. (Unit-II), KASEZ is an approved unit for Trading and Warehousing service activity in Kandla Special Economic Zone vide Letter of Approval No. KASEZ/IA/05/2022-23 dated 20.06.2022, as amended.

The said unit has now requested for permission for addition of items in their trading and warehousing service activity in their existing LoA.

Shri Manpreet Singh, Authorised Representative of the company explained their proposal. Shri Manpreet stated that they wish to add some items for trading and warehousing activity in their existing LoA. He further stated that currently they are doing business of the said items from Mundra Port and now they want to divert the cargo from Mundra Port to KASEZ and hence they have requested for addition of 23 items in their trading and warehousing activity.

The Committee noted that the unit has submitted a long list of items for trading and warehousing activity including certain restricted items/items deemed sensitive and directed the unit to submit pruned list of items for trading and warehousing activity. The Committee also noted that the unit has submitted entire chapters of items in ITC HS for approval in respect of

trading and warehousing and directed the unit to submit revised list of specific items to be traded/warehoused.

Therefore, the Approval Committee after due deliberation decided to defer their proposal with direction to the unit to submit pruned/specific list of items for trading and warehousing activity. The Committee also directed the unit to submit the details of business already undertaken in the SEZ and the details of foreign exchange earned till date.

AGENDA ITEM NO. 184.2.5 Request for addition of items in Trading activity in their existing Letter of Approval No. KASEZ/IA/13/2009-10/5130 dated 13.07.2009 for Manufacturing and Trading Activity, as amended issued to M/s Siva Inotec Limited, KASEZ

M/s Siva Inotec Limited, KASEZ is an approved unit for manufacturing activity and trading activity vide Letter of Approval No. KASEZ/IA/13/2009-10/5130 dated 13.07.2009, as amended.

The said unit has now requested for permission for addition of items in their trading activity in their existing LoA.

Shri Vivek Milak, Authorized Representative of the company explained their proposal and informed that they are already into manufacturing and trading of tickets, tags, wrist bands and now they wish to add some items in their trading activity in their existing LoA. He further stated that the said traded goods are used in the hospitals as identification bands for patients.

The Approval Committee after due deliberation decided to approve the addition of items in trading activity in their existing LoA, subject to standard terms and conditions: -

i) allowed to be traded and any restrictions on import/export of any items will apply unless specifically permitted by the UAC.
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) iv) The above permission is also subject to further condition that the unit shall maintain separate accounts for manufacturing

and trading activity and earmark separate space for both the activities.
v) Further, the applicant will submit separate APRs for their manufacturing and trading activities.
vi) Further, the applicant will maintain separate stock register for manufacturing and trading activities which will be subject to regular checking by the KASEZ customs authorities. 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 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.

AGENDA ITEM NO. 184.2.6 Addition of new items in their LoA for Trading and Warehousing Service Activity – Request of M/s. The Variety Impex, KASEZ.

M/s. The Variety Impex, KASEZ is an approved unit with LoA dated 01.09.2017 issued from F. No. KASEZ/IA/29/2020-21, as amended for manufacturing activity and Trading activity of certain items. Further, warehousing service activity was also included in their LoA vide this office letter dated 21.02.2022, as amended.

Nobody appeared before the Committee to explain the proposal and therefore the Committee decided to defer the proposal.

AGENDA ITEM NO. 184.2.7 Request of M/s. Om Shiva Products Inc., KASEZ for broad-banding for
addition of items in manufacturing activity in their existing LoA of manufacturing activity.

M/s Om Shiva Products Inc., KASEZ is an approved unit for manufacturing activity vide LOA No. KASEZ/IA/003/2014-15 dated 15/13.07.2014, as amended.

The said unit has now requested for broad banding of their LOA in manufacturing activity.

Shri Anand Mehta, Authorised Representative of the firm explained their proposal. Shri Mehta stated that they are currently exporting Gutkha

& Zarda and now they wish to include additional items such as white tobacco and other products in their manufacturing activity as recently they have visited Trade Fairs in Europe and they noticed that there is demand for white tobacco in Continental Europe and UK.

The Approval Committee after due deliberation decided to approve the proposal for addition of 05 items in manufacturing activity in their existing LoA subject to standard terms and conditions:-

i) Any restrictions on import/export of manufacturing items and its raw materials will apply.
ii) iii) iv) No DTA sale is allowed for the proposed manufactured items. 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 if the items are found in negative list, penal action will be initiated against them.

184.3 MISCELLANEOUS ITEMS

AGENDA ITEM NO. 184.3.1 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 two Partners have retired from the firm and submitted copy of Company Master Data, copies of LLP Form No. 4 & LLP Form No. 3 registered with MCA and copy of notarised Limited Liability Partnership Agreement dated 21.05.2022.

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 change in partnership of the firm subject to submission of updated KYC and Income Tax returns of their existing 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. 184.3.2 Intimation for change in the name of the unit and change in Partnership of M/s. Voltrix Inc., KASEZ.

M/s. Voltrix Inc., KASEZ is an approved unit with LoA dated 29.06.2020 issued from F. No. KASEZ/IA/01/2020-21 for manufacturing activity of MS Steel Barrels and trading activity of certain items subject to certain terms and conditions enumerated in the aforesaid Letter of Approval, as amended and is valid upto 23.07.2026.

Now the said unit has intimated regarding change in the name of the unit and change in partnership wherein one partner has retired from the firm and one new partner has been inducted into the firm and submitted copy of notarized new partnership deed dated 27.05.2022 & copy of “Form- G” issued by Register of Firms

The unit has also intimated that their company name is changed from “VOLTRIX INC.” to “APA ENTERPRISE”.

Therefore, the Approval Committee after due deliberation decided to take on record the change in the name of the unit from “VOLTRIX INC.” to “APA ENTERPRISE” and change in partnership of the firm subject to submission of updated KYC and Income Tax returns of their new partner, 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. 184.3.3 Request to update revised ITC HS codes of already approved items – Request of M/s. B.V.H. Manufacturing India Pvt. Ltd., KASEZ.

M/s. B.V.H. Manufacturing Pvt. Ltd., KASEZ is an approved unit with LoA No. 06/2019-20 dated 05.08.2019 for manufacturing activity subject to certain terms and conditions enumerated in the aforesaid Letter of Approval, as amended.

Now the said unit has submitted that as per revised customs tariff the ITC HS code of one item already approved in their LoA has changed. The DGFT vide notification no. 20/2015-20 dated 07.07.2022 notified the changes in EXIM policy for synchronising ITC HS codes with the Finance Act, 2022. The unit has requested to take on record the new/revised ITC HS code of the already approved item in their LoA.

The Approval Committee after due deliberation decided to take on record the new/revised ITC HS code and description of the already approved item in their LoA. All other terms and conditions enumerated in the Letter of Approval, as amended, shall remain unaltered.

AGENDA ITEM NO. 184.3.4 Request to update revised ITC HS codes of already approved items – Request of M/s. Hitex Healthcare Pvt. Ltd., KASEZ.

M/s. Hitex Healthcare Pvt. Ltd, KASEZ is an approved unit for manufacturing activity of Surgical Gowns/apparels etc. and trading activity in Kandla Special Economic Zone vide LoA No. KASEZ/IA/020/2016-17 dated 01.03.2017, as amended.

Now the said unit has submitted that as per revised tariff effective from 01.05.2022, the ITC HS code 62101020 is applicable to their finished

products, namely, Surgical Gowns and Drapes and the unit has requested to approve the revised ITC HS codes for their already approved finished products. The DGFT vide notification no. 20/2015-20 dated 07.07.2022 notified the changes in EXIM policy for synchronising ITC HS codes with the Finance Act, 2022.

The Approval Committee after due deliberation decided to take on record the new/revised ITC HS codes and description of already approved list of items in their LoA. All other terms and conditions enumerated in the Letter of Approval, as amended, shall remain unaltered.

AGENDA ITEM NO. 184.3.5 Permission to warehouse goods on behalf of Overseas/ DTA client – Request of M/s. Dipi Enterprise, KASEZ.

The Committee noted that M/s. Dipi Enterprise, KASEZ has requested for permission to warehouse 02 sets of additional items on behalf of Foreign/DTA clients.

Shri Ankesh Gupta, Partner of the firm explained their proposal. Shri Gupta informed that they are receiving enquiries for warehousing of proposed items and accordingly they seek permission to warehouse 02 sets of additional items on behalf of foreign/DTA clients.

The Committee noted that the list of proposed items covers several chapters of the ITC HS and asked the unit to submit specific/pruned list of the items which they propose to warehouse.

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

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/ handling and if the items are found in negative list or hazardous in nature, penal action will be initiated against them.

AGENDA ITEM NO. 184.3.6 Permission to warehouse goods on behalf of Overseas/ DTA client – Request of M/s. Harmann Lever Exim, KASEZ.

The Committee noted that M/s. Harmann Lever Exim, KASEZ has requested for permission to warehouse 23 additional items on behalf of Foreign/DTA clients.

Shri Amitkar Jha, Partner of the firm explained their proposal. Shri Jha informed that they are receiving enquiries for warehousing of proposed items and accordingly they seek permission to warehouse 23 additional items on behalf of foreign/DTA clients.

The Committee noted that most of the items are deemed sensitive/restricted and advised the unit to give specific/pruned list removing the sensitive/restricted/prohibited items. The case was accordingly deferred.

AGENDA ITEM NO. 184.3.7 Inclusion of items in Warehousing activity– Request of M/s. Madhavpratha Warehousing & Service LLP, KASEZ.

The Committee noted that M/s. Madhavpratha Warehousing & Service LLP, KASEZ has requested for permission to warehouse 02 sets of additional items on behalf of Foreign/DTA clients.

Shri Prakash Kaknani, Partner of the firm explained their proposal. Shri Kaknani informed that they are receiving enquiries for warehousing of proposed items and accordingly they seek permission to warehouse 02 sets of additional items on behalf of foreign/DTA clients.

The Committee noted that the list of proposed items covers several chapters of the ITC HS and asked the unit to submit specific/pruned list of the items which are required for warehousing.

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/ handling and if the items are found in negative list or hazardous in nature, penal action will be initiated against them.

AGENDA ITEM NO. 184.3.8 Permission to warehouse goods on behalf of DTA client/Foreign Client - Request of M/s. Renew Plastics (Unit-II), KASEZ.

The Committee noted that M/s. Renew Plastics (Unit-II), KASEZ has requested for 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, subject to unit fulfilling NFE criteria and submission of KYC of their clients and also subject to following conditions:

AGENDA ITEM NO. 184.3.9 Permission to warehouse goods on behalf of DTA client/Foreign Client - Request of M/s. Stash Barn Enterprises, KASEZ.

The Committee noted that M/s. Stash Barn Enterprises, KASEZ has requested for permission to warehouse 03 additional items on behalf of Foreign/DTA clients.

Shri Rakesh Bansal, Partner of the firm explained their proposal. Shri Bansal informed that they are receiving enquiries for warehousing of proposed items and accordingly they seek permission to warehouse 03 additional items on behalf of foreign/DTA clients.

The Committee noted that the items proposed to be warehoused are highly perishable in nature and after due deliberation decided to permit the additional items to be warehoused by the above unit on behalf of DTA/Foreign clients subject to installation of cold storage facility for the proposed items, 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) Further, with respect to warehousing of items for human consumption/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) Further, the unit will obtain registration/clearance/any other mandatory requirement prescribed under any Act/Rules from concerned agencies before undertaking of such activities. vi) items proposed falls under negative list or is hazardous or requires 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. 184.3.10 Permission to warehouse goods on behalf of DTA/Foreign Clients - Request of M/s. Shri Khatushyam Tradelinks, a unit for warehousing service and trading activity, KASEZ.

The Committee noted that M/s. Shri Khatushyam Tradelinks, KASEZ has requested for permission to warehouse 02 additional items on behalf of Foreign/DTA clients.

Nobody appeared before the Committee to explain the proposal. The Committee noted that the items proposed by the unit are deemed sensitive/restricted in nature. Therefore, the Approval Committee after due deliberation decided to reject their proposal.

Further, the Committee was informed that the unit has also requested for one-time permission for warehousing of the said proposed goods and pleaded for an early approval as they are incurring huge demurrage charges. Further, the unit has submitted that they wish to export the said proposed goods and no DTA sale is envisaged.

Therefore, the Committee after due deliberation decided to accord them one-time permission to warehouse goods on behalf of DTA clients

subject to the condition that the said warehouse goods will be 100% re- exported and no DTA sale of the said proposed goods will be allowed.

AGENDA ITEM NO. 184.3.11 Permission to warehouse goods on behalf of DTA client/Foreign client - Request of M/s. Texpoly Polymers (Unit-II), KASEZ.

The Committee noted that M/s. Texpoly Polymers (Unit-II), KASEZ has requested for permission to warehouse 10 additional items on behalf of Foreign/DTA clients.

Shri Mayur Vyas, Authorised Representative of the firm explained their proposal. Shri Vyas informed that they are receiving enquiries for warehousing of proposed items and accordingly they seek permission to warehouse 10 additional items 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, unit fulfilling NFE criteria and submission of KYC of their clients and also subject to following conditions:

AGENDA ITEM NO. 184.3.12 Permission to warehouse goods on behalf of DTA/Overseas Clients - Request of M/s. Vrinda Exports, a unit for warehousing service activity, KASEZ.

The Committee noted that M/s. Vrinda Exports, KASEZ has requested for permission to warehouse 12 additional items on behalf of Foreign/DTA clients.

Shri Atul Jindal, Proprietor of the firm explained their proposal. Shri Jindal informed that they are receiving enquiries for warehousing of proposed items and accordingly they seek permission to warehouse 12 additional items on behalf of foreign/DTA clients.

The Committee noted that the list of some of the items proposed covers several chapters of the ITC HS and asked the unit to submit specific/pruned list in respect of items at Sr. No. 1, 2, 5, 8, 9 & 10 of the agenda which are required for warehousing.

The Committee after due deliberation decided to permit the additional items to be warehoused by the above unit on behalf of DTA/Foreign clients, subject to unit submitting specific/pruned items in respect of items at Sr. No. 1, 2, 5, 8, 9 & 10 of the agenda, 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) Further, with respect to warehoused item viz. Paper and allied items, the KASEZ Customs will draw the samples at the time of DTA clearance of each consignment which will be sent for analysis of GSM and other aspects. iii) Further, with respect to warehousing of items for human consumption/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. iv)

v) vi) Further, the unit will obtain registration/clearance/any other mandatory requirement prescribed under any Act/Rules from concerned agencies before undertaking of such activities. vii) items proposed falls under negative list or is hazardous or requires 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. 184.3.13 Request of addition of Warehousing Service Activity in their Existing LoA and approval of items under the Warehousing Service Activity on behalf of DTA/ Foreign Clients. – Request of M/s. Garden Foods Corporation, KASEZ

M/s Garden Foods Corporation, KASEZ is an approved unit for Trading Activity vide LoA No. issued from F. No. KASEZ/IA/13/2007-08 dated 24.07.2007. The LoA was broad-banded to include manufacturing activity vide LoA F.No. KASEZ/IA/13/2007-08 dated 11.10.2007. At the time renewal of LoA in 2018, as decided by the then administration, the original LoA has been renewed separately for manufacturing activity vide letter F.No. KASEZ/IA/13/2007-08 dated 18.06.2018; and Trading Activity as Unit-II vide letter F.No. KASEZ/IA/13/2007-08 dated 03.08.2018 (in extension to original LoA dated 11.10.2007). Both the LoAs are valid till 28.02.2023.

Now, the unit has requested for addition of Warehousing Service Activity in their existing LoA and approval of items under the Warehousing Service Activity on behalf of DTA/ Foreign Clients.

Shri Zishan Kohari, Proprietor of the firm explained their proposal. Shri Kohari informed that there was no business after 2018 due to personal issues and also due to the Covid-19 pandemic hitting their business after that. But, now they are getting enquiries from some of their clients for warehousing of the proposed goods and hence they wish to include warehousing service activity also in their existing LoA.

The Committee noted that the unit has submitted a long list of items for warehousing activity including certain restricted items/items deemed

sensitive and directed the unit to submit pruned list of items for warehousing activity.

The Approval Committee after due deliberation decided to approve the proposal for addition of warehousing service activity of items, subject to unit submitting specific/pruned list of items, in their existing LoA subject to the following terms and conditions:

i) The approval is subject to the additional condition that the applicant should seek a prior approval of any additional items they intend to warehouse and submit KYC details of clients to the Office of the Development Commissioner before undertaking the authorised warehousing activity.
ii) Further, with respect to warehoused item viz. Paper and allied items, the KASEZ Customs will draw the samples at the time of DTA clearance of each consignment which will be sent for analysis of GSM and other aspects. iii) Further, with respect to warehousing of items for human consumption/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. iv) Further, 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 unless specifically permitted by the UAC. This clause will have overriding effect for any approval granted in LoA now or before. v) 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.
vi) vii) Further, the applicant will submit health compliances with regard to cosmetics proposed for warehousing before undertaking of such activities. viii) The above permission is also subject to further condition that the unit shall maintain separate accounts for manufacturing and warehousing service activity and earmark separate space for both the activities.
ix) Further, the applicant will submit separate APRs for their manufacturing and warehousing service activities.

x) Further, the applicant will maintain separate stock register for manufacturing and warehousing which will be subject to regular checking by the KASEZ customs authorities. xi) Further, the applicant will obtain registration/clearance/any other mandatory requirement prescribed under any Act/Rules from concerned agencies before undertaking of such activities. xii) items proposed 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.

AGENDA ITEM NO. 184.3.14 Ratification of request already approved in file

The Approval Committee ratified the permission granted to the following units by the Development Commissioner, KASEZ:

Sr.
No. Name of Unit Permission granted for Permission letter issued on 1. M/s. Transworld Furtichem Pvt. Ltd. Amendment of condition No. 5 & 6 of broad-banding permission letter dated 15.07.2022 issued to the unit as per decision taken in the 182nd UAC meeting held on 31.08.2022 in respect of the said unit. 29.09.2022 2. M/s. Euronic Impex LLP Incorporation of permission to import raw materials for manufacturing of Gutkha, Khaini & Pan Masala in the formal LoA issued. 18.10.2022 3. M/s. Logical Exim LLP Incorporation of permission to import raw materials for manufacturing of Gutkha, Khaini & Pan Masala in the formal LoA issued. 18.10.2022

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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