Minutes of the 189th meeting of Approval Committee

Minutes of the 189th Unit Approval Committee Meeting of Kandla SEZ held on 23.03.2023 at 11:00 hrs under the Chairmanship of Shri Akash Taneja, Development Commissioner, Kandla Special Economic Zone.

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Following were present (via Video Conferencing):

1. Shri. Marut Tripathi : Joint Development Commissioner,

KASEZ.

2. Shri. Vincent Colaco : Assistant Commissioner of Income Tax, Gandhidham.

3. Shri Kaushal Kishore : Superintendent of Customs, Rep. of Additional Commissioner of Customs,
   Kandla

4. Ms. Pinakiniben
   : Jr. Inspector Rep. of GM, DIC, Bhuj

Absentees:-

1. Director (Banking)
2. SDM
3. DGFT representative

189.I Review/Confirmation of the minutes of last meeting (188th UAC) of the Approval Committee:-

Minutes of the last meeting of Approval Committee were confirmed.

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189.1 NEW UNIT APPLICATION

AGENDA ITEM NO. 189.1.1 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 activity.

Shri Ankesh Gupta, Partner of the firm explained their proposal. Shri Gupta stated that for the proposed Unit-II for manufacturing and warehousing activity, they are having separate premises with boundary wall and CCTV camera. He further stated that for the proposed Unit-II they will import plastic lumps, regrinds, etc. and not plastic scrap/waste and only OGL items will be imported. Further, they will manufacture granules from their raw materials and in future they also plan to manufacture roto-powder for exports to Africa.

The Committee noted that their proposal was earlier discussed in the 187th UAC meeting and the same was deferred as there were some compliance issues regarding plastic units. The Committee further asked the applicant as to why they want to set up a new unit in the same name as Unit-II and why not they come up with a proposal with new name of the proposed project.

In reply, Shri Gupta stated that as they are already in the plastic recycling business in KASEZ since last more than 24 years and wish to utilize their existing brand name and staff for their new manufacturing and warehousing unit, they wish to set up the proposed project as Unit-II.

The Committee was informed that some plastic manufacturing units /warehousing units have taken additional LoAs as ‘Unit II’ for warehousing/manufacturing activity other than recycling of plastic scrap/waste. The Committee directed that the operations of both Unit-I and Unit-II of these units and APRs submitted by them may be examined to ascertain whether they fulfil all the prescribed norms under the SEZ Act and SEZ Rules and are in conformity with Letter of Approval granted and it may be ensured that such units are located in separate premises and if possible obtain separate IEC numbers for carrying out their authorized operations.

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Therefore, the Approval Committee after due deliberation decided to defer the proposal and directed the Development Commissioner office to first examine whether the operations of such units are in compliance with regard to LoA granted and any such fresh proposals would be considered thereafter.

AGENDA ITEM NO. 189.1.2 Application for setting up of a Manufacturing and Warehousing Service unit in KASEZ namely M/s. Shanky Petroleums (Unit - II), Shed No. 79, CPWD, Sector – I and Plot No. MY 445, Kandla SEZ, Gandhidham – 370 230.

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

Shri Karan Pandit, Authorised Representative/Manager of the firm explained their proposal. Shri Pandit stated that they are already approved in KASEZ for trading activity of plastic items like PP Bags, Rolls, Petroleum Products, etc. and also warehousing activity. He further stated that they started trading activity in KASEZ since 2003 and warehousing activity was commenced from 2017. He further stated that for the proposed Unit-II they are having separate premises i.e. Plot No. MY-445 in KASEZ.

The Committee noted that their proposal was earlier discussed in the 187th UAC meeting and the same was deferred as there were some compliance issues regarding plastic units. The Committee further asked the applicant as to why they want to set up a new unit in the same name as Unit-II and why not they come up with a proposal with new name of the proposed project. The Committee further noted that the income tax return of the firm for the AY 2021-22 is very meagre and asked the applicant for
documents supporting source of funds/financial strength/net worth of the Partners for further examination. Shri Pandit stated that for market reputation of the unit they are using the same name as Unit-II and wish to set up the proposed project as Unit-II.

The Committee was informed that some plastic manufacturing units /warehousing units have taken additional LoAs as ‘Unit II’ for warehousing/manufacturing activity other than recycling of plastic scrap/waste. The Committee directed that the operations of both Unit-I and Unit-II of these units and APRs submitted by them may be examined to ascertain whether they fulfil all the prescribed norms under the SEZ Act and SEZ Rules and are in conformity with Letter of Approval granted and it may

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be ensured that such units are located in separate premises and if possible obtain separate IEC numbers for carrying out their authorized operations.

defer the proposal and directed the Development Commissioner office to first examine whether the operations of such units are in compliance with regard to LoA granted and any such fresh proposals would be considered thereafter.

AGENDA ITEM NO. 189.1.3 Application for setting up of a Manufacturing and Warehousing Service unit in KASEZ namely M/s. San Enterprises, Shed No. 379, AS-IV Type, Sector-IV, Kandla Special Economic Zone.

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

The Committee noted that their proposal was earlier discussed in the 187th UAC meeting and the same was deferred as there were some compliance issues regarding plastic units and the compliance issues regarding plastic units are yet to be resolved.

The Committee further noted that the income shown as per tax returns of the firm are very less and accordingly directed the applicant to furnish documents supporting source of funds/financial strength/net worth of the Partners.

defer their proposal.

189.2 REQUEST FOR BROADBANDING/ITEM ADDITION

AGENDA ITEM NO. 189.2.1 Permission for addition of items in trading and warehousing activity – Request of M/s. AB Warehousing, a unit of Trading/Warehousing activity KASEZ.

M/s. AB Warehousing, KASEZ, is an approved unit of Warehousing/Trading activity vide LoA No. 44/2020-21 dated 24.03.2021 as amended.

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Now the said unit has requested for addition of item in their Trading activity and warehousing service activity in their existing LoA.

The Approval Committee after due deliberation decided to approve the proposal for addition of item 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) Further, the items will be subjected to the Policy Conditions specified in DGFT’s ITC HS Code wherever applicable.
iv) Further, with respect to traded/warehoused item, 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.
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.
vii) Further, the unit will maintain separate stock register for trading and warehousing service which will be subject to regular checking by the KASEZ customs authorities. viii) Further, the unit will obtain registration/clearance/any other mandatory requirement prescribed under any Act/Rules from concerned agencies before undertaking of such activities. ix) 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. 189.2.2 Request for broad banding/addition of manufacturing activity in their existing Letter of Approval No. KASEZ/IA/16/2021-22 dated 28.10.2021 for Trading activity, as amended issued to M/s. Bimla Trading Company, KASEZ.

M/s. Bimla Trading Company, is an approved unit for trading activity in KASEZ. The unit has been granted Letter of Approval No. 16/2021-22 dated 28.10.2021 issued vide F.No. KASEZ/IA/16/2021-22, as amended.

Now the said unit has requested for broad-banding/addition of manufacturing activity in their existing LoA for Trading Service activity. The unit has expressed their intention for addition of manufacturing activity of 05 products.

Shri K. M. Mathew, Authorised Representative of the firm explained their proposal. Shri Mathew informed that their unit is in KASEZ for trading activity and now they wish to add manufacturing activity of Pan Masala, etc. in their existing LoA for trading activity.

The Committee asked the representative of the unit as to whether the brand name of the products proposed to be manufactured by them have been registered. In reply, Shri Mathew stated that the brand name to be manufactured is not decided and yet to be registered. Further, the Committee asked the representative whether they have any manufacturing unit outside SEZ or otherwise. The representative could not give satisfactory explanation as the web connection of the unit was not proper during the meeting.

The Approval Committee after due deliberation decided to defer the proposal with direction to the unit to first register their brand name and then come up for addition of manufacturing activity in their existing LoA. The Committee also directed the unit to furnish an undertaking to the effect that all the raw materials will be imported and no DTA procurement of raw materials is proposed and no job work/trading & intra-zone sale of betel nut & no DTA sale of the finished goods will be made.

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AGENDA ITEM NO. 189.2.3 Request of M/s. DS Chewing Products LLP, KASEZ for Broad-banding of additional items in manufacturing activity and addition of trading activity in their existing LoA of manufacturing activity.

M/s. DS Chewing Products LLP, KASEZ is an approved unit for manufacturing activity of Pan Masala, Guthka, Zarda, Khaini/Filter Khaini/Chewing Tobacco & Scented Tobacco and Allied preparations containing chewing tobacco vide Letter of Approval No. 09/2019-20 dated 16.10.2019, as amended.

Now the said unit has requested for broad banding their LOA for addition of item in their manufacturing activity and also addition of trading activity in their existing LoA.

The Approval Committee after due deliberation decided to approve the proposal for addition of 01 item in manufacturing activity and also addition of trading activity of 01 item 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) 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.
iii) iv) 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.
v) No DTA sale is allowed for the proposed manufactured and traded items. vi) 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.
vii) Further, the applicant will submit separate APRs for their manufacturing and trading activity.
viii) Further, the applicant will obtain registration/clearance/any other mandatory requirement prescribed under any Act/Rules from concerned agencies before undertaking of such activities.

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ix) 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. 189.2.4 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 A pproval, as amended.

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

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

The Committee noted that the unit has submitted exhaustive list of items for trading & warehousing and directed the unit to submit specific description in respect of said items proposed for trading & warehousing. In reply, Shri Milak stated that the cosmetics items proposed for trading & warehousing falls under different categories alcohol base & non-alcohol base and hence they have given exhaustive list and if they give specific description the items will become large.

The Approval Committee after due deliberation decided to approve the proposal for addition of items in trading activity and warehousing service activity (subject to unit submitting specific description/specific list of items along with 08 digit ITC HS codes and also 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) 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.

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ii) Further, the unit will submit health compliances with regard to cosmetics proposed for trading & warehousing before undertaking of such activities. 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) 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.
vi) Further, the unit will submit separate APRs for their manufacturing, trading and warehousing service.
vii) 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. viii) ix) 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.

AGENDA ITEM NO. 189.2.5 Addition of new items in their LoA for Trading and Warehousing Service Activity – Request of M/s. Star World, KASEZ.

M/s. Star World, KASEZ is an approved unit for Trading and Warehousing service activity in Kandla Special Economic Zone vide Letter of Approval No. KASEZ/IA/17/2022-23 dated 28.11.2022 and the initial validity of their LoA is upto 27.11.2023.

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

Shri Zamir Dosani, Authorised Representative of the firm explained their proposal. Shri Zamir stated that they have confirmed orders for two items and the said items will be procured from DTA and exported and they do not propose import and DTA clearance of said two items.

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Further, the Committee noted that the unit has been granted LoA recently and the unit has also not started its authorised operations in KASEZ.

Therefore, the Committee after due deliberation decided to defer their proposal with direction to the unit to first commence their authorised operation in KASEZ and then come up for permission for any addition of new items in their trading and warehousing activity.

AGENDA ITEM NO. 189.2.6 Request for broad banding of additional items in manufacturing activity and 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 09.12.2020 issued from F. No. KASEZ/IA/29/2020-21 for manufacturing activity, Trading activity and warehousing activity, as amended.

Now the said unit has requested for broad-banding of items in manufacturing activity and also addition of items in trading and warehousing activity.

The Committee noted that a case has been booked by KASEZ Customs and the same is under adjudication by Kandla Customs.

defer their proposal with direction to the Development Commissioner office to first initiate proceedings against the unit under the SEZ Act/Rules read with FTDR Act and after the adjudication process is completed then only permit the unit for additional items in manufacturing, trading and warehousing activity.

AGENDA ITEM NO. 189.2.7 Request for broad banding/addition of manufacturing activity in their existing Letter of Approval No. KASEZ/IA/02/2021-22 dated 24.05.2021 for Trading and Warehousing activity, as amended issued to M/s. Arihant Export, KASEZ.

M/s. Arihant Export is an approved unit for trading and warehousing activity in KASEZ. The unit have been granted Letter of Approval F.No. KASEZ/IA/02/2021-22 dated 24.05.2021, as amended.

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Now the said unit has requested for broad-banding/addition of manufacturing activity in their existing LoA.

Shri Nirav Prajapati, Partner of the firm explained their proposal. Shri Prajapati informed that they are into trading and warehousing activity in KASEZ and now they wish to include manufacturing activity of Pan Masala, etc. in their existing LoA for trading activity.

The Committee asked the representative of the unit as to whether the brand name of the products proposed to be manufactured by them have been registered. If reply, Shri Prajapati stated that the brand name for their manufactured products are yet to be registered. Further, Shri Prajapati stated that they will get their brand name registered before the approval and will submit the same to this office.

The Approval Committee after due deliberation decided to defer the proposal with direction to the unit to first register their brand name and then come up for addition of manufacturing activity in their existing LoA. The Committee also directed the unit to furnish an undertaking to the effect that all the raw materials will be imported and no DTA procurement of raw materials is proposed and no job work/trading & intra-zone sale of betel nut & no DTA sale of the finished goods will be made.

189.3 MISCELLANEOUS ITEMS

AGENDA ITEM NO. 189.3.1 Intimation of change in Board of Directors & shareholding pattern – Request of M/s. Amrin Impex Pvt. Ltd., KASEZ.

M/s. Amrin Impex Pvt. Ltd., KASEZ is an approved unit with LoA No. 19/2011-12 dated 29.02.2012, for Warehousing Service Activity and Trading Activity, as amended.

The Committee noted that their proposal was taken up for consideration in the 187th UAC meeting held on 25.01.2023 and the Approval Committee after due deliberation decided to defer their proposal regarding change in Directors and shareholding pattern and decided to first examine the issue of space of the sister concern unit to be utilised by this unit for their authorised operation.

The Committee further noted that now the said unit has stated that they are agreed not to utilize the sharing space of the sister concern unit

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and they will apply for warehousing space, in due course, as per rules and regulations of KASEZ Authority.

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).

take on record the proposal of change in Board of Director & shareholding pattern of the 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 Board of Director & shareholding pattern of the company to the Income Tax Department for necessary action at their end.

AGENDA ITEM NO. 189.3.2 Intimation of change in Directors of the company – Request of M/s. B.V.H Manufacturing India Pvt Ltd., KASEZ.

M/s. B.V.H Manufacturing India Pvt. Ltd., KASEZ is an approved unit with LoA No. KASEZ/IA/06/2019-2020 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 intimated about the change in Board of Directors of the company. The unit has submitted copy of DIR-12 containing particulars of changes among the directors.

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).

take on record the proposal of change in Board of Director of the company subject to fulfilment of conditions as stipulated vide Instruction No. 109 dated 18.10.2021.

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

AGENDA ITEM NO. 189.3.3 Intimation of takeover/acquisition of M/s. Stash Barn Enterprises (a partnership concern) by M/s. Kahuna Industries Pvt. Ltd., KASEZ

M/s. Kahuna Industries (Unit I) is an approved unit for trading and warehousing activity in KASEZ. The unit has been granted Letter of Approval No. KASEZ/IA/05/2005-06 dated 28.04.2006 as amended.

Now the said unit has intimated regarding takeover/acquisition of M/s. Stash Barn Enterprises (a partnership concern) by M/s. Kahuna Industries Pvt. Ltd., KASEZ.

The Committee noted that M/s. Kahuna Industries Pvt. Ltd. (Unit-I), KASEZ proposes to take over the existing unit of M/s. Stash Barn Enterprise, KASEZ. However, there is no clarity under which provisions of the SEZ Act/Rules/instructions, the unit proposes to take over the other unit. The Committee also noted that the agreement submitted by the unit is not comprehensive in nature.

defer their proposal with direction to the Development Commissioner office to first examine their request on file and also check earlier precedents as to whether any such proposal was approved under Instruction No. 109 dated 18.10.2021 or under the provisions of SEZ Rules, 2006.

AGENDA ITEM NO. 189.3.4 Request of M/s The Variety Impex, KASEZ for change in the name to M/s GODFARMER FRUITS AND NUTS PRIVATE LIMITED and its constitution from proprietor to private limited company.

M/s. The Variety Impex, KASEZ is an approved unit with LoA dated 09.12.2020 issued from F. No. KASEZ/IA/29/2020-21 for manufacturing activity, Trading activity and warehousing activity, as amended.

Now, the said unit have requested for change of name of their unit from M/s The Variety Impex to M/s GODFARMER FRUITS AND NUTS PRIVATE LIMITED.

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The Committee noted that a case has been booked by KASEZ Customs and the same is under adjudication by Kandla Customs.

defer their proposal with direction to the Development Commissioner office to first initiate proceedings against the unit under the SEZ Act/Rules read with FTDR Act and after the adjudication process is completed then only permit the change in name of the company.

AGENDA ITEM NO. 189.3.5 Request for addition of two items in their warehousing service activity in their existing Letter of Approval No. 19/2019-20 dated 17.01.2020 dated 17.01.2020, for manufacturing, Warehousing and trading activity, as amended issued to M/s. Anandini Warehousing & Foods LLP, KASEZ.

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

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 description/specific list of items along with 08 digit ITC HS codes in respect of items at Sr. No. 1 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, the items proposed for warehousing will be for 100% exports and no DTA sale and intra-zone sale will be allowed.
iii) iv) 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. 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.

AGENDA ITEM NO. 189.3.6 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 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 criterion 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) 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) v) 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.

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AGENDA ITEM NO. 189.3.7 Permission to warehouse goods on behalf of Overseas/ DTA client – Request of M/s. Consolidated Cobalt Chemicals Limited (Unit-II), KASEZ.

The Committee noted that M/s. Consolidated Cobalt Chemicals Limited (Unit-II), KASEZ has requested for permission to warehouse additional item on behalf of Foreign/DTA clients. The Committee further noted that the unit is engaged in chemical and allied items.

The Committee was informed that some units/warehousing units have taken additional LoAs as ‘Unit II’. The Committee directed that the operations of both Unit-I and Unit-II of these units and APRs submitted by them may be examined to ascertain whether they fulfil all the prescribed norms under the SEZ Act and SEZ Rules and are in conformity with Letter of Approval granted and it may be ensured that such units are located in separate premises and if possible obtain separate IEC numbers for carrying out their authorized operations.

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) Further, with respect to warehoused item, 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.
iii) iv) 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. v)

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vi) Further, the unit 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.

AGENDA ITEM NO. 189.3.8 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 additional items on behalf of Foreign/DTA clients.

The Committee further noted that the items proposed by the unit are sensitive in nature and directed the DC customs to examine the list of proposed items with regard to whether they are sensitive in nature and prone to mis-use.

defer the proposal with a direction to DC’s office to first examine the issue on file with regard to the list of proposed items as to whether they are sensitive in nature and prune to mis-use/mis-declared.

AGENDA ITEM NO. 189.3.9 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 behalf of Foreign/DTA clients.

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 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.

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ii) The items falling under Chapter 73 will be subject to compulsory registration under Steel Import Monitoring System (SIMS). iii) iv) 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. v) Further, the unit will submit health compliances with regard to cosmetics proposed for warehousing before undertaking of such activities. vi) vii) Further, the unit will give an undertaking that none of the items 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. 189.3.10 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, KASEZ has requested for permission to warehouse additional items on behalf of Foreign/DTA clients.

The Committee after due deliberation decided to permit the additional items, except items at Sr. No. 1 to 14, 17, 22 & 23 of the Agenda, to be warehoused by the above unit on behalf of DTA/Foreign clients as submitted by the unit, subject to unit submitting specific description along with 8 digit ITC HS codes in respect of items at Sr. No. 18, 19 & 20 of the agenda, subject to the unit fulfilling NFE criterion 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)

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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) v) 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.

AGENDA ITEM NO. 189.3.11 Permission to warehouse goods on behalf of DTA Importer/Foreign Clients – Request of M/s. Mukesh Marketing Pvt. Ltd., a unit of Warehousing service activity for Polymers and Granules, KASEZ.

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

The Approval Committee after due deliberation decided to defer the proposal and directed the office of Development Commissioner office to examine the performance/export turnover of items already permitted to the unit and place the same before the Commitee.

AGENDA ITEM NO. 189.3.12 Permission to warehouse goods on behalf of DTA/Foreign Clients - Request of M/s. Shri Guru Shipping and Logistics, KASEZ.

The Committee noted that M/s. Shri Guru Shipping and Logistics, KASEZ has requested for permission to warehouse additional items on behalf of Foreign/DTA clients.

The Committee after due deliberation decided to permit the additional items, except items at Sr. No. 6 & 10 of the Agenda, to be warehoused by the above unit on behalf of DTA/Foreign clients as submitted by the unit, subject to unit submitting specific description along with 8 digit ITC HS codes in respect of items at Sr. No. 2, 3 & 4 of the agenda, subject to the unit fulfilling NFE criterion and submission of KYC of their clients and also subject to following conditions:

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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) The items falling under Chapter 73 will be subject to compulsory registration under Steel Import Monitoring System (SIMS). 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 iv) v) 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. vi) vii) 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.

AGENDA ITEM NO. 189.3.13 Ratification of SCN issued to Kandla SEZ unit

The Approval Committee ratified the following Show Cause Notice issued by Development Commissioner, KASEZ and authorised the Development Commissioner, KASEZ to adjudicate the show cause notice issued: -

Sr. No. Name of the Unit Show Cause Notice No. & Date Issue in brief
1. Zip Zap Exim Pvt. Ltd. KASEZ/IA/17/2016- 17/10570 dated 07.03.2023 Non-achievement of positive NFE during the 5 year block period ending 2021-22

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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 cancellation including action 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