IN FORCE SEZ / EOU / FTWZ undated

Minutes of the 186th meeting of Approval Committee

Document text

Minutes of the 186th Unit Approval Committee Meeting of Kandla SEZ held on 30.12.2022 at 15:00 hrs under the Chairmanship of Shri Akash Taneja, Development Commissioner, Kandla Special Economic Zone.

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Meeting was conducted in Hybrid mode i.e. partly physically and partly via Video Conferencing mode. The following were present:

  1. Shri. Satyadeep
    : Joint Development Commissioner,
    Mahapatra

KASEZ.

  1. Shri. Vincent Colaco : Assistant Commissioner of Income Tax, Gandhidham (Video Conferencing mode).

  2. Shri. Bharat Nakum : Manager R. M., DIC, Bhuj

(Video Conferencing mode).

Absentees:-

  1. Director (Banking)
  2. SDM
  3. DGFT
  4. Kandla Customs

186.I Review/Confirmation of the minutes of last meeting (185th UAC) of the Approval Committee:-

Minutes of the last meeting of Approval Committee were confirmed.

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186.1 NEW UNIT APPLICATION

AGENDA ITEM NO. 186.1.1 Application for setting up of a Manufacturing and Warehousing Service unit in KASEZ namely M/s. Kutch Polymers Unit-II, Shed No. 334, A-II Type, Sector-III, Kandla Special Economic Zone.

A proposal has been submitted by M/s Kutch Polymers (Unit-II), KASEZ for setting up a unit in Kandla SEZ for Manufacturing and Warehousing Service activity.

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

AGENDA ITEM NO. 186.1.2 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.

Shri Suleman Pathan, Proprietor and Shri Shikandar, Manager of the firm explained their proposal. Shri Pathan stated that they are doing business of hardware & fibre work in Gandhidham and also purchasing mutilated used clothings from KASEZ unit. Now they propose to set up a trading and warehousing unit in KASEZ.

The Committee noted that the applicant has requested for warehousing of plastic items and as there are some compliance issues, it was decided that plastic items will not be permitted for trading and warehousing till the compliance issues with regard to plastic items are resolved. Further, the Committee also noted from the proposal submitted by the unit that the income tax return for the last 3 years of the proprietor is very meagre and accordingly directed the applicant to furnish documents supporting source of funds/financial strength/net worth of the Proprietor.

Therefore, the Approval Committee after due deliberation decided to defer their proposal with direction to the applicant to furnish documents supporting source of funds/financial strength/net worth of the Proprietor.

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AGENDA ITEM NO. 186.1.3 Application for setting up of a Manufacturing & Warehousing unit in KASEZ namely M/s. A. K International, Shop No. 12, Khasra 98/21, Block C-1, Rama Vihar Near Sukhbir Nagar Bus Stand, North West, Delhi-110081.

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

Shri Nimish Agarwal, Partner of the firm explained their proposal. Shri Agarwal informed that the firm is a partnership firm and they already into manufacturing business in Delhi. Now, they wish to set up a manufacturing and warehousing unit in KASEZ due to proximity to the Sea Port of Mundra. He further stated that they will manufacture thinner and other solvents and will be exported in 500 ml, 1000 ml containers and also sold in DTA as per buyers’ requirement.

The Approval Committee after due deliberation decided to approve the proposal for manufacturing activity and defer the proposal for warehousing activity. This is subject to the applicant submitting specific description/specific list of items in respect of item at Sr. No. 2 in the List of finished goods/ manufactured products in the agenda and fresh list of raw materials required for manufacture of the specific finished goods. The applicant shall also furnish documents supporting source of funds/financial strength/net worth of partners/firm. The approval is subject to standard terms and conditions: -

i) Any restrictions on import/export of manufacturing items and its raw materials will apply.
ii) 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.
iii) Further, the items will be subjected to the Policy Conditions specified in DGFT’s ITC HS Code wherever applicable.
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.

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AGENDA ITEM NO. 186.1.4 Application for setting up of a Manufacturing unit in KASEZ by M/s. Creative Plastics and Plastopack Pvt. Ltd., 512, Embassy Centre, Nariman Point, Mumbai - 400021.

A proposal has been submitted by M/s Creative Plastics and Plastopack Pvt. Ltd., Mumbai for setting up a new unit in Kandla SEZ for Manufacturing activity.

Shri Ritesh Agarwal, Director and Shri Adarsh Chopra, Financial Advisor 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 and having its units at Haridwar, Pondicherry, Guwahati & Daman and presently export to Nigeria, Kenya, etc. and also supply their goods across India to P&G, etc. including M/s. Unilever India Exports Ltd., KASEZ. Now, they have decided to set up a unit in KASEZ for catering to the needs of KASEZ units and also for export purpose in order to reduce the logistics costs. He further stated that they require area of about 3000 to 8000 sq. Mtrs. and for the proposed project they intend to invest Rs. 25 crores.

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) 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) 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.

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186.2 REQUEST FOR BROADBANDING/ITEM ADDITION

AGENDA ITEM NO. 186.2.1 Request for addition of items under Trading Activity– Request of M/s. Hwatsi Chemical Pvt. Ltd., KASEZ.

M/s Hwatsi Chemical Pvt. Ltd., Plot No. 586/587, New Area, KASEZ, Gandhidham has been permitted for Manufacturing Activity of Thinners
and Trading Activity of Chemical and Solvents vide LoA No. 004/2011-12 dated 13.05.2011 issued vide F. No. KASEZ/IA/004/2011-12 dated 13.05.2011. The unit has commenced their activities with effect from 11.04.2013. The manufacturing activity of the unit has been separated vide LoA F. No. KASEZ/IA/004/2011-12 dated 14.06.2018.

Now the said unit has requested for addition of new items in their LoA for trading activity.

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

AGENDA ITEM NO. 186.2.2 Request for addition of items in Trading activity in their existing Letter of Approval No. KASEZ/IA/18/2016-17/13497 dated 18.01.2017 for trading activity, as amended issued to M/s Tubacex Service Solutions India Pvt. Ltd., KASEZ

M/s Tubacex Service Solutions India Pvt. Ltd., KASEZ is an approved unit for Trading activity vide LoA No. F. No. KASEZ/IA/18/2016-17/13497 dated 18.01.2017, as amended from time to time.

Now the unit has requested for addition of two items in their trading activity.

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

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AGENDA ITEM NO. 186.2.3 Inclusion of additional items in Trading & Manufacturing – Request of M/s. K P Woven Private Limited, KASEZ.

M/s. K P Woven Private Limited is an approved unit for manufacturing and trading unit in KASEZ. The unit has been granted Letter of Approval No. 12/2019-20 dated 02.12.2019 as amended from time to time.

Now the unit has requested for addition of items in trading and manufacturing activity in their existing LoA.

Shri Pritesh Parekh, Director of the company explained their proposal. Shri Parekh informed that they are already in manufacturing of FIBC jumbo bags & also trading activity and exporting to Europe & America. He further stated that during the manufacturing process of FIBC bags, plastic waste is generated which they want to further re-process to make further value added products.

The Committee noted that the unit has also requested for trading of plastic items and as there are some compliance issues, it was decided that plastic items will not be permitted for trading and warehousing till the compliance issues with regard to plastic items are sorted out.

The Approval Committee after due deliberation decided to reject the
proposal for addition of manufacturing activity of 01 items in terms of Rule 18(4)(a) of the SEZ Rules and defer the proposal of additional items in trading activity in their existing LoA.

AGENDA ITEM NO. 186.2.4 Addition of items in Trading and Warehousing Activity in their existing LoA – Request of M/s. Milak Warehouse, KASEZ.

M/s Milak Warehouse, KASEZ is an approved unit with LoA No. 1836/2001-02 dated 10.08.2001, for Trading, Manufacturing and Warehousing service activity etc, subject to certain terms and conditions enumerated in the aforesaid Letter of Approval, as amended from time to time.

Now the said unit has requested for addition of new items in their LoA for Trading & Warehousing service activity.

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Shri Vivek Milak, Partner of the firm explained their proposal. Shri Milak informed that they want to add more items in their trading and warehousing service activity.

The Committee noted that one of the item submitted for trading and warehousing is restricted item for import & export. In reply, Shri Milak stated that they have submitted revised list excluding the restricted item.

The Approval Committee after due deliberation decided to approve the proposal for addition of items in trading activity and warehousing service activity (subject to applicant submitting KYC of their clients on whose behalf they will warehouse goods) in their existing LoA subject to the following standard terms and conditions:

i) None of the items which are restricted or prohibited will be allowed to be traded/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) 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, trading and warehousing service activity and earmark separate space for both the activities.
v) Further, the unit will submit separate APRs for their manufacturing, trading and warehousing service.
vi) Further, the unit will maintain separate stock register for manufacturing, trading and warehousing service which will be subject to regular checking by the KASEZ customs authorities. vii) Further, the unit will obtain registration/clearance/any other mandatory requirement prescribed under any Act/Rules from concerned agencies before undertaking of such activities. viii) Further, the unit will give an undertaking that none of the 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.

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AGENDA ITEM NO. 186.2.5 Request for addition of Trading activity in their existing Letter of Approval No. 011/2014-2015 dated 21.01.2015 for manufacturing activity, as amended issued to M/s Nakoda Sales Corporation, KASEZ

M/s Nakoda Sales Corporation, KASEZ is an approved unit for Manufacturing i.e. manufacture of plastic granules and masterbatch and has been issued with LoA No. 011/2014-2015 dated 21.01.2015 as amended subject to certain terms and conditions enumerated in the aforesaid Letter of Approval, as amended from time to time.

Now the unit has requested for inclusion of trading activity in their existing LoA and submitted the list of items for trading activity (for Export only).

Shri Manoj Lalwani, Partner of the firm explained their proposal. Shri Manoj stated that they wish to add trading activity in their existing LoA for manufacturing activity. He further stated that the traded items will be for 100% export and no DTA sale is envisaged.

The Approval Committee after due deliberation decided to approve the proposal for addition of trading activity in their existing LoA (subject to unit submitting specific description/specific list of items along with 08 digit ITC HS codes) and 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. This clause will have overriding effect for any approval granted in LoA now or before. ii) Further, with respect to trading 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) Further, the unit will submit health compliances with regard to cosmetics proposed for warehousing before undertaking of such activities. iv) v)

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vi) vii) 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. 186.2.6 Request of M/s Rusan Pharma Ltd. (Unit-II), KASEZ for broad banding for addition of new items in manufacturing activity in their existing Letter of Approval No. KASEZ/IA/07/2015-16 dated 01.07.2015.

M/s Rusan Pharma Ltd. (Unit-II), Shed No. 383, AS-I, Sector-IV, Kandla Special Economic Zone, Gandhidham is an approved unit for Manufacturing of Transdermal Patches (Pharmaceutical Product) (HS Code 3004) vide Letter of Approval No. KASEZ/IA/07/2015-16/4089 dated 01.07.2015, amended/ extended from time to time.

Now the unit has requested for broad-banding for inclusion of additional items in their manufacturing activity in their existing LoA.

Shri Vivek Milak, Authorized Representative of the company explained their proposal. Shri Milak stated that they are already in manufacturing activity of Pharmaceutical Products and now they wish to add an additional item in their manufacturing activity.

The Approval Committee after due deliberation decided to approve the proposal for additional new 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) allowed to be manufactured/imported and any restrictions on import/export of any items will apply unless specifically permitted by the UAC. iii) iv)

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v) vi) 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. 186.2.7 Request for addition of items in Trading activity in their existing Letter of Approval No. KASEZ/IA/016/2010-11 dated 12.08.2010, as amended of M/s Zest Marine Services Pvt. Ltd., KASEZ.

M/s. Zest Marine Services Pvt. Ltd., KASEZ is an approved unit for trading activity for lubricants, marine chemicals, wire ropes and plastic ropes, hatch sealing tapes, ship spares, paints and navigation equipment for ships vide letter F.No. KASEZ/IA/016/2010-11/7250 dated 12.08.2010, as amended from time to time.

Now the unit has requested for addition of some items in their trading activity.

Shri Sharad Shetty, Director of the company explained their proposal. Shri Shetty stated that they wish to add some items for trading activity in their existing LoA. He further stated that all the proposed items for trading are ship supply items and requested to approve the additional items in trading activity.

The Approval Committee after due deliberation decided to approve the proposal for addition of items in trading activity in their existing LoA subject to submission of stock statement and 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.

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iii) iv) v) 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. 186.2.8 Addition of Items under Trading Activity - Request of M/s Everest Kanto Cylinder Limited, KASEZ.

M/s Everest Kanto Cylinder Limited, KASEZ is an approved unit for Manufacturing and Trading Activity for items i.e. manufacture of high pressure seamless gas cylinder and has been issued with LoA No. 31/2006- 07 dated 05.04.2007 as amended subject to certain terms and conditions enumerated in the aforesaid Letter of Approval. Now the unit has requested for addition of items in the Trading Activity.

Shri Vivek Milak, Authorized Representative of the company explained their proposal. Shri Milak stated that they are engaged in manufacturing activity and trading activity of gas cylinders and now they are receiving inquiry for turnkey based supplies for trading activity for supply to SEZ units and exports.

The Approval Committee after due deliberation noted that the unit was NFE negative in their last block period. The Committee decided to defer the proposal with directions to the unit to submit recent years APRs, brief project details and stock statement.

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AGENDA ITEM NO. 186.2.9 Inclusion of items in Trading and Warehousing activity– Request of M/s. AB Warehousing, KASEZ.

M/s. AB Warehousing is an approved unit for trading and warehousing activity in KASEZ. The unit has been granted Letter of Approval No. 44/2020-21 dated 24.03.2021 issued from F.No. KASEZ/IA/44/2020-21, as amended.

Now the said unit has requested for addition of new items in their LoA for Trading and Warehousing service activity.

Shri Shabbir Rayma, Partner of the firm explained their proposal. Shri Rayma stated that they are in KASEZ for trading and warehousing activity and started their authorised activity last year and now they wish to add some items for trading and warehousing activity in their existing LoA. He further stated that they have already done warehousing business in leggings, base oil, knitted fabrics, etc. in KASEZ and the proposed items for trading and warehousing will be supplied in cargo load in tankers which will be then filled in drums and then exported.

The Committee noted that the items proposed for trading and warehousing are inflammable items and require proper storage facility. The Committee asked the Partner as to whether they have made arrangements for proper handling and storage for the chemical items proposed for trading and warehousing. Shri Rayma stated that construction of building is under progress in their allotted plot.

Therefore, the Committee after due deliberation decided to defer their proposal with a direction to the unit to first complete the construction work of their building and then come up with details of infrastructure created for storage of chemical items as well as fire clearance before seeking addition of new items in trading and warehousing activity.

186.3 MISCELLANEOUS ITEMS

AGENDA ITEM NO. 186.3.1 Intimation for change in constitution from Proprietorship to Partnership of M/s Max Impex, KASEZ

M/s. Max Impex is an approved unit for trading and warehousing activity in KASEZ. The unit has been granted Letter of Approval No. 10/2021-22 dated 13.09.2021 as amended.

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Now the said unit has intimated regarding change in constitution from proprietorship to partnership. They have submitted copy of notarized partnership deed dated 08.10.2022 alongwith their application. Further, the unit has also submitted copy of Form-G issued from Registrar of Firms, Kachchh District, Gandhidham regarding constitution of partnership firm.

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 constitution from proprietorship firm to Partnership firm subject to submission of indemnity bond, KYC and IT returns/Net worth certificate of new partner and 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/partnership to the Income Tax Department for necessary action at their end.

AGENDA ITEM NO. 186.3.2 Intimation for change in name of the company from M/s SAIETTA ENGINEERING PRIVATE LIMITED, KASEZ to M/s. EOHM TECH INDIA PRIVATE LIMITED.

M/s Saietta Engineering Private Limited, KASEZ is an approved unit for manufacturing activity vide Letter of Approval No. KASEZ/IA/020/2004- 05/5289 dated 14.09.2004, as amended.

Now the said unit has intimated that their company’s name stands changed from “SAIETTA ENGINEERING PRIVATE LIMITED” to “EOHM TECH INDIA PRIVATE LIMITED” with effect from 05.04.2022. The unit has submitted the copy of ‘Certificate of Incorporation pursuant to change of name” dated 05.04.2022, Memorandum and Articles of Association of M/s. EOHM TECH INDIA PRIVATE LIMITED, list of Directors & Shareholding pattern of the company and copy of PAN of the new company.

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

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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 approve and take on record the proposal of change in the name of the unit from “SAIETTA ENGINEERING PRIVATE LIMITED” to “EOHM TECH INDIA PRIVATE LIMITED” 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 the name of the unit to the Income Tax Department for necessary action at their end.

AGENDA ITEM NO. 186.3.3 One time permission for export of used/second hand shoes accumulated out of segregation of used & worn clothing – Request of M/s. Raghvani Textiles Pvt. Ltd., KASEZ.

M/s. Raghvani Textiles Pvt. Ltd., KASEZ is approved unit for manufacturing of Reprocessed Garments, Used Clothing/Secondary Textile Materials/Clippings/Rags/Industrial Wipers/Shoddy Wool/Yarn/ Blankets/ shawl and other Recyclable Textile Materials vide LoA No. KASEZ/IA/1749/ 99/Vol. I dated 27-11-2019, as amended from time to time.

Now the said unit has requested to grant them one time permission for export of used/second hand Shoes. The unit has stated that during the period of last many years of import of used clothing, Worn/Second Hand Shoes has been accumulated during the process of segregation of Worn Clothing. They have further stated that Worn & Second Hand Shoes also fall under ITC (HS) Code 6309 0000 viz. Worn clothing and other worn articles. The unit has requested to grant them one time permission to Export 25,000 Kg of Worn/Used Shoes under Rule 34 of SEZ Rules, 2006.

Now the said unit has requested to grant them one time permission for Export of 25,000 Kg of Worn/Used Second hand Shoes accumulated during the process of segregation of Worn Clothing during the last couple of years.

Shri Rajesh Pandya, Authorised Representative of the company explained their proposal. Shri Pandya explained that they have received worn/second hand shoes mixed with worn/used clothing. These have accumulated during the process of segregation of worn clothing and they

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propose to re-export the shoes as they have buyer in African country. They have requested to allow them export of worn/used Shoes.

The Committee noted that worn shoes in bale form also fall under ITC (HS) 6309 0000 i.e. same as worn clothing and it complies with chapter note 3 (b) “Footwear and headgear of any material other than asbestos”.

The Approval Committee after due deliberation approved the request of the unit for one time permission for export of the actual quantity of roughly 25,000 Kg of used/second hand Shoes (subject to inspection of unit to ascertain the exact quantity of worn/second hand shoes lying in the premises of the unit) subject to the condition that the unit will submit Proof of Export to the office of the Development Commissioner, KASEZ.

AGENDA ITEM NO. 186.3.4 Permission to take over the assets and infrastructure of M/s. Gimpex Pvt. Ltd., Plot No. 213, Sector-I, KASEZ under Rule 74A of SEZ Rules, 2006 – Request of M/s Raj Rani International.

M/s. Raj Rani International, Jaipur, Rajasthan vide letter dated 19.12.2022 has made a request seeking permission to take over the assets & liabilities of M/s Gimpex Pvt. Ltd., Plot No. 213, Sector-I, KASEZ under Rule 74A of SEZ Rules, 2006.

In this regard, they have also submitted NOC for transfer of assets & liabilities issued by M/s. Gimpex Pvt. Ltd., Plot No. 213, Sector-I, KASEZ.

The Committee noted that M/s. Gimpex Pvt. Ltd., Plot No. 213, Sector-I, KASEZ has held a valid Letter of Approval No. KASEZ/IA/19/2009- 10 dated 13.11.2009 and has commenced production from 25.08.2011 and the transferee, M/s. Raj Rani International, Rajasthan fulfils all eligibility criteria applicable to a unit and has been issued in-principle Letter of Approval No. KASEZ/IA/RRI/12/2022-23 dated 09.06.2022 which is valid upto 08.12.2023.

The Committee further noted that M/s. Gimpex Pvt. Ltd. intends to exit from the SEZ and M/s. Raj Rani International wishes to take over the assets and liabilities of the said company under Rule 74A of the SEZ Rules, 2006.

Therefore, the Approval Committee after due deliberation approved their proposal under Rule 74A of SEZ Rules, 2006, subject to fulfilment of all the requirements prescribed thereof.

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AGENDA ITEM NO. 186.3.5 Permission to take over the assets and infrastructure of M/s. Rishiroop Ltd., Shed No. 249, CIB Type, Sector-III, KASEZ under Rule 74A of SEZ Rules, 2006 – Request of M/s SHIMMER-2.

M/s. SHIMMER-2, Andheri West, Mumbai vide letter dated 23.12.2022 has made a request seeking permission to take over the assets & liabilities of M/s Rishiroop Ltd., Shed No. 249, CIB Type, Sector-III, KASEZ under Rule 74A of SEZ Rules, 2006.

In this regard, they have also submitted NOC for transfer of assets & liabilities issued by M/s. Rishiroop Ltd., Shed No. 249, CIB Type, Sector-III, KASEZ.

The Committee noted that M/s. Rishiroop Ltd., Shed No. 249, CIB Type, Sector-III, KASEZ has held a valid Letter of Approval No. KASEZ/IA/1973/2003-04 dated 01.03.2004 and has commenced production from 21.05.2004 and the transferee, M/s. SHIMMER-2, Mumbai fulfils all eligibility criteria applicable to a unit and has been issued in- principle Letter of Approval No. KASEZ/IA/SM/32/2022-23 dated 20.12.2022 which is valid upto 19.06.2023.

The Committee further noted that M/s. Rishiroop Ltd. intends to exit from the SEZ and M/s. SHIMMER-2 wishes to take over the assets and liabilities of the said company under Rule 74A of the SEZ Rules, 2006.

Therefore, the Approval Committee after due deliberation approved their proposal under Rule 74A of SEZ Rules, 2006, subject to fulfilment of all the requirements prescribed thereof.

AGENDA ITEM NO. 186.3.6 Permission to warehouse goods on behalf of DTA client – Request of M/s. Apex Lubricant, KASEZ, Gandhidham.

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

Shri Bhupendrasinh Jadeja, Partner of the firm explained their proposal. He informed that they wish to withdraw their proposal as they have applied for the same items in respect of their other unit.

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Therefore, the Committee decided to allow withdrawal of the proposal as requested by the unit.

AGENDA ITEM NO. 186.3.7 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, KASEZ has requested for permission to warehouse additional items on behalf of Foreign/DTA clients.

Shri Byju Govindan Kutty, Authorised Representative of the firm explained their proposal. He informed that they propose to warehouse products on behalf of their clients.

The Committee asked the representative of the unit as to whether they have submitted stock statement/register to KASEZ Customs. In reply, Shri Kutty stated that they have already submitted stock statement to KASEZ Customs.

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 unit submitting a copy of stock statement & 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. ii) iii) iv) v) proposed are falling under negative list and if the items are found in negative list, penal action will be initiated against them.

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AGENDA ITEM NO. 186.3.8 Permission to warehouse goods on behalf of DTA client/Foreign clients – Request of M/s. Amax International Warehousing Pvt. Ltd., KASEZ.

The Committee noted that M/s. Amax International Warehousing Pvt. Ltd., KASEZ has requested for permission to warehouse additional items on

Ms. Geetha Mohan, Director of the company explained their proposal. She informed that they propose to warehouse products on behalf of their clients.

The Committee asked the Director of the company as to whether they have submitted stock statement/register to KASEZ Customs. In reply, Ms. Geetha stated that they have already submitted stock statement to KASEZ Customs.

The Committee after due deliberation decided to permit the additional items except items at Sr. No. 9 & 10 of the Agenda and submission of correct CTH for the item mentioned at Sr. No. 11 of the Agenda (as the CTH presently stated by the unit does not exist), 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 unit submitting a copy of stock statement & 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. ii) iii) iv) v) proposed are falling under negative list and if the items are

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found in negative list, penal action will be initiated against them.

AGENDA ITEM NO. 186.3.9 Permission to warehouse goods on behalf of Foreign/DTA clients – Request of M/s. Apstergo International Pvt. Ltd., KASEZ.

The Committee noted that M/s. Apstergo International Pvt. Ltd., KASEZ has requested for permission to warehouse additional items on

Shri Kunal Kumar, Director of the company explained their proposal. He informed that they propose to warehouse products on behalf of their clients.

The Committee after due deliberation decided to permit the additional items except item at Sr. No. 1 & 11 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 unit submitting a copy of stock statement & 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. ii) Further, with respect to warehoused items viz. cashewnuts the same is allowed to be warehoused subject to fulfilment of the MIP condition as prescribed under Import/Export policy.
iii) iv) v) The above permission is also subject to further condition that the unit shall maintain separate accounts for trading and warehousing service activity and earmark separate space for both the activities.
vi) Further, the unit will submit separate APRs for their trading and warehousing service activities.

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vii) Further, the unit will maintain separate stock register for trading and warehousing service activities which will be subject to regular checking by the KASEZ customs authorities. viii) ix) 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.

AGENDA ITEM NO. 186.3.10 Permission to warehouse goods on behalf of DTA/Foreign client – Request of M/s. Aditya Exports, KASEZ.

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

The Committee noted that there is an ongoing investigation by DRI in respect of betel nuts imported at their warehouse. Therefore, the Approval Committee after due deliberation decided to defer their proposal till the outcome of the investigation proceedings is ascertained.

AGENDA ITEM NO. 186.3.11 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, KASEZ has requested for permission to warehouse additional items on behalf of Foreign/DTA clients.

Shri Kiran Singh Kochar, Partner of the firm explained their proposal. He informed that they propose to warehouse products on behalf of their clients.

The Committee asked the Partner of the unit as to whether they have submitted stock statement/register to KASEZ Customs. In reply, Shri Kochar stated that they have already submitted stock statement to KASEZ Customs.

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Further, Shri Kochar stated that the supplier and importer of hearing aid are new and they have requested for warehousing of the said proposed goods only once.

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

AGENDA ITEM NO. 186.3.12 Permission to warehouse goods on behalf of DTA Importer/Foreign Clients – Request of M/s. International Warehousing & Trading, a unit of Trading/Warehousing activity KASEZ.

The Committee noted that M/s. International Warehousing & Trading, KASEZ has requested for permission to warehouse additional items on

Shri Kiran Singh Kochar, Partner of the firm explained their proposal. He informed that they propose to warehouse products on behalf of their clients.

The Committee asked the Partner of the unit as to whether they have submitted stock statement/register to KASEZ Customs. In reply, Shri Kochar stated that they have already submitted stock statement to KASEZ Customs.

The Committee after due deliberation decided to accord them one- time permission to warehouse goods in respect of item at Sr. No. 1 of the Agenda on behalf of Foreign/DTA clients. Further the Committee after due deliberation decided to reject the proposal for warehousing item at Sr. No. 2 of the Agenda.

AGENDA ITEM NO. 186.3.13 Request of M/s Mahamaya Construction & Engineer, KASEZ for approval of items in their warehousing service activity.

The Committee noted that M/s. Mahamaya Construction & Engineer, KASEZ has requested for permission to warehouse additional items on

The Committee after due deliberation decided to permit the additional 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

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submission of KYC of their clients and also subject to unit submitting a copy of stock statement & 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. ii) iii) iv) v) 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.

AGENDA ITEM NO. 186.3.14 Permission to warehouse goods on behalf of Foreign/DTA clients - Request of M/s. S. R. Brothers, KASEZ.

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

Shri Rafiq Bara, Proprietor of the firm explained their proposal. He informed that they propose to warehouse products on behalf of their clients.

The Committee noted that the unit has requested for warehousing of plastic items and as there are some compliance issues, it was decided that plastic items will not be permitted for trading and warehousing till the compliance issues with regard to plastic items are resolved.

Therefore, the Approval Committee after due deliberation decided to defer their proposal.

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AGENDA ITEM NO. 186.3.15 Permission to warehouse goods on behalf of DTA/Foreign Clients - Request of M/s. Varsur Impex Pvt. Ltd., a unit for warehousing activity, KASEZ.

The Committee noted that M/s. Varsur Impex Pvt. Ltd., KASEZ has requested for permission to warehouse additional items on behalf of Foreign/DTA clients.

Nobody appeared before the Committee to explain the proposal. The Committee noted that there is an ongoing investigation by DRI in respect of betel nuts imported at their warehouse. Therefore, the Approval Committee after due deliberation decided to defer their proposal till the outcome of the investigation proceedings is ascertained.

AGENDA ITEM NO. 186.3.16 Permission to warehouse goods on behalf of DTA Importer – Request of M/s. Zest Marine Services Pvt. Ltd. (Unit-II), KASEZ, Gandhidham.

The Committee noted that M/s. Zest Marine Services Pvt. Ltd. (Unit- II), KASEZ has requested for permission to warehouse additional items on

Shri Sharad Shetty, Director of the company explained their proposal. He informed that they propose to warehouse products on behalf of their clients which are ship supply items.

The Committee asked the Director of the company as to whether they have submitted stock statement/register to KASEZ Customs. In reply, Shri Shetty stated that they have already submitted stock statement to KASEZ Customs.

The Committee after due deliberation decided to permit the additional 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 unit submitting a copy of stock statement & 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.

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ii) iii) iv) v) proposed are falling under negative list and if the items are found in negative list, penal action will be initiated against them.

AGENDA ITEM NO. 186.3.17 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), KASEZ has requested for permission to warehouse additional items on

Shri Ritesh Kumar Kochar, Authorised Representative of the company explained their proposal. He informed that they propose to warehouse products on behalf of their clients.

The Committee asked the representative of the company as to whether they have submitted stock statement/register to KASEZ Customs. However, Shri Kochar was not aware of the same.

Further, the Committee also noted that the unit has submitted exhaustive list of items for warehousing and directed the unit to submit specific description in respect of said items proposed for warehousing.

Therefore, the Approval Committee after due deliberation decided to defer their proposal with direction to the unit to submit specific description of items proposed for warehousing and also comply with the stock statement as requested by KASEZ Customs.

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AGENDA ITEM NO. 186.3.18 Permission to warehouse goods on behalf of DTA Importer/Foreign Clients – Request of M/s. Bapu’s Shipping Agency Pvt. Ltd., a unit of Trading/Warehousing activity KASEZ.

The Committee noted that M/s. Bapu’s Shipping Agency Pvt. Ltd, KASEZ has requested for permission to warehouse additional items on

Shri Bhupendrasinh Jadeja, Director of the company explained their proposal. He informed that they propose to warehouse products on behalf of their clients which are ship supply items. He further informed that they are CFA of Williamsons for ship supply and received the goods for warehousing from their Norway hub which are being supplied by them to ships all over India.

The Committee after due deliberation decided to permit the additional items, except item at Sr. No. 32 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 unit submitting a copy of stock statement & 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. ii) iii) iv) v) 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.

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AGENDA ITEM NO. 186.3.19 Request of M/s. Liladhar Pasoo Forwarders Pvt. Ltd., KASEZ for approval of addition of items in their warehousing service activity on behalf of DTA Clients.

The Committee noted that M/s. Liladhar Pasoo Forwarders Pvt. Ltd., KASEZ has requested for permission to warehouse additional items on

Shri Surojit Chakraborty, Vice President of the company explained their proposal. He informed that they propose to warehouse products on behalf of their clients. He further stated that a US based firm having its office at Gurugram propose to warehouse goods in their warehouse.

The Committee asked the Vice President of the company as to whether they have submitted stock statement/register to KASEZ Customs. In reply, Shri Chakraborty stated that they have already submitted stock statement to KASEZ Customs.

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 submitting specific description in respect of item at Sr. No. 5 of the agenda, unit fulfilling NFE criteria and submission of KYC of their clients and also subject to unit submitting a copy of stock statement & 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. ii) Further, the unit will submit health compliances with regard to cosmetics proposed for warehousing before undertaking of such activities. iii) iv) v)

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vi) Further, the applicant will give an undertaking that none of the 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.

TABLE AGENDA ITEM NO. 186.4.1 Ratification of request already approved in file

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

Sr.
No. Name of Unit Permission granted for 1. M/s. G K N Chemical India Pvt. Ltd. Amendment of condition No. 2 (iii) & 2 (iv) of in- principle Letter of Approval dated 17.08.2022 issued to the unit as per decision taken in the 181st UAC meeting held on 27.07.2022 in respect of the said unit.

TABLE AGENDA ITEM NO. 186.4.2 Inclusion of additional items in Trading/Warehousing activity– Request of M/s. Chandraganta Trading & Warehousing LLP, KASEZ.

M/s. Chandraganta Trading & Warehousing LLP is an approved unit for trading and warehousing activity in KASEZ. The unit has been granted Letter of Approval No. 02/2020-21 dated 30.06.2020 as amended.

The Committee was informed that their request for inclusion of liquors in their existing trading/warehousing activity was deferred in the 181st meeting of UAC held on 27.7.2022 and it was decided to review the performance of all such units before allowing the facility to new units.

The Approval Committee was informed that the review has been conducted and necessary action is being initiated against such units who have not given intimation of commencement. The Committee after due deliberation decided to approve the proposal of additional items in their trading/warehousing activity subject to standard terms and conditions and subject to verification report of the Committee of two officers who will inspect the facility created by the unit for storage of liquor and allied items with regard to hygiene, temperature control and security arrangements, etc. The approval for item addition will be granted based on the report of the Committee.

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i) allowed to be traded and any restrictions on import/export of any items 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) iv) Further, in order to ensure genuine trading/warehousing business in this commodity, the Committee directed the applicant that the unit should have confirmed orders of the items within 3 months of granting of this approval. The Committee further directed that periodical review regarding functioning of the unit with regard to the above approved items may be conducted every six months as they are sensitive in nature. v) Further, the above permission is also subject to condition that the liquor and allied items will be supplied to custom bonded warehouse/Foreign Going Ship/Foreign Embassy and foreign bound vessels calling at Indian Ports/SEZ units/100% EOU units & Exports and also an Affidavit that no DTA sale of any traded/warehoused goods even if damaged or otherwise will be allowed and if the traded/warehoused goods are found to be sold in DTA penal action will be initiated against them and will be liable for cancellation of the above approval of trading activity.
vi) Further, the unit will submit separate APR for their trading and warehousing service activities and will submit architectural design for earmarking of space for Trading and warehousing activities.
vii) viii) proposed for trading/warehousing activity 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.

Notwithstanding to the decisions of the Committee, if the DC Office/Approval Committee notices any instance of default in rent or

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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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