IN FORCE SEZ / EOU / FTWZ undated

Minutes of the 190th meeting of Approval Committee

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कांडला ͪवशेष आͬथ[क ¢ेğ के ͪवकास आयुÈत Įी आकाश तनेजा कȧ अÚय¢ता मɅ Ǒदनांक 28.04.2023 को 11:00 बजे आयोिजत कांडला एसईजेड कȧ 190वीं इकाई अनुमोदन सͧमǓत कȧ बैठक का काय[वृƣ ।

िनɻिलİखत उपİ̾थत थे (वीिडयो कॉ̢ůŐ िसंग के माȯम से):

Įी। माǽत ǒğपाठȤ : संयुÈत ͪवकास आयुÈत,
कासेज़।
Įी बी. जी. वसावा : सीमा शुãक के सहायक आयुÈत, कांडला
Įी। ͪवंसɅट कोलाको : आयकर के सहायक आयुÈत , गांधीधाम।
Įी। भरत नकुम : Ĥबंधक आर.एम., डीआईसी, भुज

अनुपİ̾थत:-

Ǔनदेशक (बɇͩकंग) 2. एसडीएम 3. डीजीएफटȣ के ĤǓतǓनͬध

190.मœ अनुमोदन सिमित की अंितम बैठक (189वीं यूएसी) के कायŊवृȅ की समीƗा/पुिʼ करता šं:-

अनुमोदन सिमित की िपछली बैठक के कायŊवृȅ की पुिʼ की गई।

Minutes of the 190th Unit Approval Committee Meeting of Kandla SEZ held on 28.04.2023 at 11:00 hrs under the Chairmanship of Shri Akash Taneja, Development Commissioner, Kandla Special Economic Zone.

Following were present (via Video Conferencing):

Shri. Marut Tripathi : Joint Development Commissioner,

KASEZ.

Shri B. G. Vasava
: Assistant Commissioner of Customs,
Kandla
Shri. Vincent Colaco : Assistant Commissioner of Income Tax, Gandhidham.
Shri. Bharat Nakum : Manager R. M., DIC, Bhuj

Absentees:-

Director (Banking)
SDM
DGFT representative

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

Minutes of the last meeting of Approval Committee were confirmed.

190.1 REQUEST FOR BROADBANDING/ITEM ADDITION

AGENDA ITEM NO. 190.1.1 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.

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

The Committee noted that their proposal was taken up for consideration in the 189th UAC meeting held on 23.03.2023 and the Approval Committee after due deliberation decided to defer their proposal with a direction to first register their brand name and them come up for addition of manufacturing activity in their existing LoA.

The Committee further noted that now the unit has submitted that they have applied for registration of their brand name.

Shri Nirav Prajapati, Partner of the firm explained their proposal. Shri Prajapati informed that their proposal was deferred in the last UAC and now they have applied for brand name registration and requested to include manufacturing activity of Pan Masala, etc. in their existing LoA.

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

i) Any restrictions on import/export of manufacturing items and its raw materials will apply.
ii) Further, the items will be subjected to the Policy Conditions specified in DGFT’s ITC HS Code wherever applicable.
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) No DTA sale is allowed for the proposed raw materials/manufactured items.

v) Further, import of betel nut will be subject to the condition that the betel nut imported will be consumed in their finished products for 100% exports and no job work & intra- zone sale of betel nut will be allowed i.e. the same will be consumed only by the actual user. vi) Further, the betel nut is allowed to be imported subject to the conditions as prescribed under Import/Export Policy. vii) 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 all the activities.
viii) Further, the unit will submit separate APRs for their manufacturing, trading and warehousing service activities.
ix) Further, the unit will obtain registration/clearance/any other mandatory requirement prescribed under any Act/Rules from concerned agencies before undertaking of such activities. x) Further, the unit will give an undertaking that none of the items proposed and its raw materials are falling under negative list and are hazardous or require environmental clearance for storage/transmission/handling and if the items are found in negative list or hazardous in nature, penal action will be initiated against them.

AGENDA ITEM NO. 190.1.2 Request of M/s. A K International, Delhi for addition of Warehousing activity in their existing in-principle LoA for Manufacturing activity.

M/s. A K International, Delhi is granted Formal LoA No.01/2023-24 dated 18.04.2023 for manufacturing activity as approved in the 186th UAC meeting held on 30.12.2022.

Unit earlier applied for permission for manufacturing and warehousing activity and same matter was taken up in the 186th UAC dated 30.12.2022 wherein UAC after due deliberation approved the proposal for manufacturing activity and deferred the proposal for warehousing activity.

Now the unit has requested for addition of Warehousing Activity in their existing LoA for Manufacturing Activity.

Shri Gaurav Kakkar, Partner of the firm explained their proposal. Shri Kakkar informed that they had participated in the MSTC Bid Auction and successfully acquired Plot No. 47C, Sector-II, KASEZ and requested for addition of Warehousing Activity in their existing LoA.

proposal for addition of warehousing service activity in their existing LoA, except items at Sr. No. 4 & 5 of the Agenda, and subject to standard terms and conditions: -

i) 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. ii) iii) iv) 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.
v) Further, the unit will submit separate APRs for their manufacturing and warehousing service activities.
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. 190.1.3 Permission for addition of items in trading and warehousing activity – Request of M/s. AB Warehousing, KASEZ, a unit of Trading/ Warehousing activity.

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.

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

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

The Committee asked the Partner of the unit as to whether they have Fire NOC as the items proposed by them are prone to fire hazards. In reply, Shri Shabbir stated that they already had fire NOC, however, recently it has been expired and they have already applied for renewal of the same.

proposal for addition of items in trading activity and warehousing service activity, except items at Sr. No. 10, 14, 15, 16 & 26 of the Agenda, (subject to unit submitting KYC of their clients on whose behalf they will warehouse goods) in their existing LoA and also 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 trading and warehousing service activity and earmark separate space for both the activities.
v) Further, the unit will submit separate APRs for their trading and warehousing service.
vi) 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. vii) viii) 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. 190.1.4 Addition of Trading and Warehousing activity – Request of M/s. Bhaskar Fragrances LLP, KASEZ.

M/s. Bhaskar Fragrances LLP, KASEZ is an approved unit for manufacturing activity in KASEZ vide Letter of Approval No. 11/2022-23 dated 17.10.2022, as amended.

Now the said unit has requested for addition of trading and warehousing in their LoA for Manufacturing activity.

Shri Prakash Kaknani, Authorised Representative of the firm explained their proposal. Shri Prakash informed that their unit is in KASEZ for manufacturing activity and now due to competition in the market they wish to include trading and warehousing activity in their existing LoA.

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.

proposal for addition of trading activity (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 to 5 of the Agenda) and warehousing service activity, except items at Sr. No. 2 to 5, 15 to 17, 19, 22, 23 to 27, 29, 31, 34, 38 & 44 of the Agenda, (subject to unit submitting KYC of their clients on whose behalf they will warehouse goods) in their existing LoA and also subject to the following standard terms and conditions:

iv) 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.
v) vi) 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.
vii) Further, the unit will submit separate APRs for their manufacturing, trading and warehousing service.
viii) 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. ix) x) 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. 190.1.5 Request for broad banding/addition of raw material and finished goods in their existing Letter of Approval No. KASEZ/IA/12/2022-23 dated 18.10.2022 for manufacturing activity, as amended issued to M/s. Euronic Impex LLP, KASEZ.

M/s. Euronic Impex LLP, is an approved unit for manufacturing activity in KASEZ vide Letter of Approval No. 12/2022-23 dated 18.10.2022 issued vide F.No. KASEZ/IA/12/2022-23 and accordingly their LoA is valid up to 17.10.2023.

Now the said unit has requested for broad-banding/addition of raw materials list and finished goods in their existing LoA for manufacturing activity.

Shri Sanjeev Kumar, Authorised Representative of the firm explained their proposal. Shri Sanjeev informed that they want to add one item in their manufacturing activity and addition of raw materials in their existing LoA for manufacturing activity.

The Committee asked Shri Sanjeev about the Sr. No. 19 and 20 of raw material. Shri Sanjeev explained that they have area of about 500 sq. mtr. in their unit. After obtaining possession they have installed more than initially planned machines for faster production which has created shortage of space at unit. Processing of betel nut and tobacco creates dust and heat which is not suitable for composite unit for manufacturing gutkha. They have installed units at Ahmedabad for processing of betel nut and tobacco. Therefore they need raw materials mentioned at Sr. No. 19 and 20 which will be not at all marketable and consumable unless further manufacturing process is done at SEZ unit.

The Committee noted that the unit has submitted exhaustive list of raw materials for manufacturing and directed the unit to submit specific description/list of raw materials for manufacturing of the finished goods and clarification with respect to Sr. No. 19 and 20 of the raw materials.

proposal for addition of 01 item in manufacturing activity and addition of raw materials under manufacturing activity in their existing LoA (subject to unit submitting specific description/specific list of raw materials and clarification) and 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 raw materials/manufactured items. v) Further, the items proposed for manufacturing and the raw materials will not be allowed to be taken out of the Zone for job- work/sub-contracting. vi) vii) 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. 190.1.6 Request for broad banding/addition of raw material and finished goods in their existing Letter of Approval No. KASEZ/IA/13/2022-23 dated 18.10.2022 for manufacturing activity, as amended issued to M/s. Logical Exim LLP, KASEZ.

M/s. Logical Exim LLP, is an approved unit for manufacturing activity in KASEZ vide Letter of Approval No. 13/2022-23 dated 18.10.2022 issued vide F.No. KASEZ/IA/13/2022-23 and accordingly their LoA is valid up to 17.10.2023.

Now the said unit has requested for broad-banding/addition of raw materials list and finished goods in their existing LoA for manufacturing activity.

AGENDA ITEM NO. 190.1.7 Request for broad banding of additional 03 items in their existing manufacturing activity - Request of M/s GKN Enterprises, KASEZ.

M/s. GKN Enterprises, KASEZ is an approved unit with LoA dated 18.05.2015 issued from F. No. KASEZ/IA/04/2015-16 for manufacturing and trading activity subject to certain terms and conditions enumerated in the aforesaid Letter of Approval, as amended.

Now the said unit has requested for broad banding of their manufacturing activity for addition of 03 items in their existing LoA.

Shri N. Seenivasan, Proprietor of the firm explained their proposal. Shri Seenivasan explained that he is already working in KASEZ for manufacturing and trading activities of chemical items and now he wishes to broadband some items in manufacturing. Further, he stated that they will manufacture the new items from their existing infrastructure and raw materials already approved.

proposal for addition of manufacturing activity of 03 items in their existing LoA and subject to standard terms and conditions:-

i) Any prohibitions on import/export of manufacturing items and its raw materials will apply.
ii) Further, the import and export of items will be subject to the FTP conditions in the manner applicable to the SEZ units. iii) iv) v) 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. 190.1.8 Request of M/s. Garden Foods Corporation, KASEZ for Broad-banding of additional items in manufacturing activity in their existing LoA of manufacturing activity.

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 LoP 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. It is also submitted that unit has applied for renewal of LoA vide letter dated 03.12.2022 and same is under process.

Now the said unit has requested for broad banding their LOA for addition of new items for manufacturing activity.

Shri Pankaj Kothari, Authorised Representative of the firm explained their proposal. Shri Kothari stated that they wish to include three items in their manufacturing activity as they have orders for the same.

The Committee noted that the description and ITC HS of finished goods and its raw materials are same. In reply, Shri Kothari explained that the raw material will undergo material sieving & winnowing process, separation & sizing roller process, tumbler processing to form the finished products. The Committee asked the unit whether they have registered with IREL. In reply, Shri Kothari that they are not registered with IREL and will get registered themselves soon.

Therefore, the Committee after due deliberation decided to defer their proposal with a direction to unit to get themselves registered with IREL first.

AGENDA ITEM NO. 190.1.9 Request for broad banding of manufacturing activity and addition of items under Trading activity - Request of M/s Hindustan Oils Industries, KASEZ.

M/s. Hindustan Oils Industries, KASEZ is an approved unit with LoA dated 08.08.2013 issued from F. No. KASEZ/IA/006/2013-14 for manufacturing activity of light solvents, fuel oil, light fuel oil, light viscosity base oil, high viscosity base oil, rubber process oil/residue only for crude oil processing, vaccum distillation for reclamation of used oil, lightol and lubricants automotive and industrial and for trading activity of lubricants, fuel oil, bitumen, transformer oil, other petroleum products, castor oil and base mineral oil SN-500, 350, 150 etc, as amended.

Now the said unit has requested for broad banding of their manufacturing activity for one item and addition of items under Trading activity.

The Committee noted that a show cause notice has been issued to the unit and further clarification has been sought on the subject show cause notice from the Department of Commerce. Therefore, the Committee decided that till the show cause notice issued to the unit is decided and a clarification received from Department of Commerce on the subject matter, the Committee cannot consider any addition in their existing LoA.

Therefore, the Committee after due deliberation decided to defer their proposal till a clarification received from Department of Commerce and the show cause notice issued to the unit is decided.

AGENDA ITEM NO. 190.1.10 Request of M/s Madhavpratha Warehousing and Services LLP, for addition of Manufacturing Activity in their existing LOA, for Warehouse Service Activity.

M/s. Madhavpratha Warehousing and Service, KASEZ is an approved unit for warehouse service activity vide Letter of Approval No. 14/2021-22 dated 12.11.2021, as amended.

Now the said unit has requested for addition of Manufacturing activity in their existing LoA.

Shri Prakash Kaknani, Authorised Representative of the firm explained their proposal. Shri Prakash informed that they wish to include manufacturing activity in their existing LoA for warehousing as they are receiving inquiry for manufacture of pan masala and allied items.

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 Prakash stated that they will get their brand name registered before the approval is received from this office.

Further, the Committee noted that the unit has submitted exhaustive list of items for manufacturing activity and directed the unit to submit the pruned list of items proposed for manufacturing along with process flow chart and its raw materials.

Therefore, the Approval Committee after due deliberation decided to approve the proposal for addition of manufacturing activity in their existing LoA (subject to unit submitting pruned list of items proposed for manufacturing and its raw materials and also subject to submission of application for trade mark registration) and 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 raw materials/manufactured items.

v) Further, import of betel nut will be subject to the condition that 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. vi) Further, the betel nut is allowed to be imported subject to the conditions as prescribed under Import/Export Policy. vii) 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 all the activities.
viii) Further, the unit will submit separate APRs for their manufacturing and warehousing service activities.
ix) x) 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. 190.1.11 Request of M/s. R. B. Industries, KASEZ for Broad-banding of additional items in manufacturing activity in their existing LoA of manufacturing activity.

M/s. R. B. Industries, KASEZ is an approved unit for manufacturing activity of Pan Masala and Pan Masala containing tobacco-Guthka vide Letter of Approval F.No. KASEZ/IA/05/2014-15 dated 15.07.2014, as amended.

Now the said unit has requested for broad banding their LOA for addition of two items for manufacturing activity.

Shri Anil Gangadharan, Authorised Representative of the firm explained their proposal. Shri Anil stated that they wish to add two new items in their manufacturing activity.

The Committee asked the representative of the unit as to whether the brand name of the two items proposed to be manufactured by them have been registered. In reply, Shri Anil stated that brand name is already

registered and also informed the Committee about the brand name. The Committee asked the representative of the unit to submit documentary evidence of the same.

Therefore, the Approval Committee after due deliberation decided to approve the proposal for addition of two items in manufacturing activity in their existing LoA (subject to submission of application for trade mark registration) and 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) 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. 190.1.12 Request for addition of warehousing service activity in their existing Letter of Approval No. KASEZ/IA/14/2006-07/6500 dated 09.08.2006, for manufacturing activity, as amended issued to M/s Shivam Impex, KASEZ.

M/s. Shivam Impex, KASEZ is an approved unit for manufacturing activity of Repairing, Reconditioning and Overhauling of Marine Machinery of Specialised Nature vide Letter of Approval F.No. KASEZ/IA/14/2006- 07/6500 dated 09.08.2006, as amended.

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

Nobody appeared before the Committee to explain the proposal. However, the Committee noted that the unit has been granted approval for manufacturing activity of Repairing, Reconditioning and Overhauling of Marine Machinery of Specialised Nature which falls under proviso to Rule 18(4)(d) of SEZ Rules, 2006.

The Committee noted that the request for inclusion of warehousing service activity into existing LoA pertaining to Repairing, Reconditioning activity cannot be acceded to.

The Approval Committee after due deliberation decided to reject their proposal for addition of warehousing service activity in their existing LoA.

AGENDA ITEM NO. 190.1.13 Addition of new items in their LoA for Trading 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 activity.

The Committee noted that in the last UAC, it was decided to examine the operations of both Unit-I and Unit-II of plastic manufacturing units /warehousing units to ascertain whether they fulfil all the prescribed norms under the SEZ Act and SEZ Rules and are in conformity with Letter of Approvals granted and it may be ensured that such units are located in separate premises.

Therefore, the Approval Committee after due deliberation decided to defer their proposal and the same will be considered with other such cases based on the report in respect of plastic manufacturing units/warehousing units as discussed in the last UAC meeting.

AGENDA ITEM NO. 190.1.14 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.

Shri Sunil Kumar, Proprietor of the firm explained their proposal. Shri Sunil informed that they wish to include manufacturing of dehydrated dried fruits wherein fruits such as apple, kiwi, etc. will be dehydrated wherein there will be 80-90% waste which will be used for animal foods and will donate in gaushala free of cost. He further informed that they also want to add some items in their trading and warehousing activities.

The Committee asked the proprietor about the status of cases booked by KASEZ Customs. In reply, Shri Sunil stated that the Hon’ble High Court has allowed provisional release of the goods however as the goods are of perishable nature, the same has been deteriorated and they are now planning to destroy/dump the same. But no demarcated area is there in KASEZ so they will take the deteriorated goods i.e. kiwi fruits outside the Zone. Further in another case they have been directed to re-export the same, but the goods i.e. kiwi fruits are perishable in nature the same has deteriorated and thus they are not able to re-export the same.

Therefore, the Approval Committee after due deliberation decided to defer their proposal for further examination of the issue involved.

AGENDA ITEM NO. 190.1.15 Request for broad banding of additional items in manufacturing activity in their existing Letter of Approval No. KASEZ/IA/35/2020-21 dated 02.02.2021 for Trading activity & Warehousing activity and Manufacturing activity, as amended issued to M/s. United Safeway India Pvt. Ltd., KASEZ.

M/s. United Safeway India Pvt. Ltd., KASEZ is an approved unit for Manufacturing, Trading and Warehousing service activity in KASEZ vide Letter of Approval No. KASEZ/IA/35/2020-21 dated 02.02.2021, as amended.

Now the said unit has requested for broad-banding of additional items in manufacturing activity in their existing LoA for Manufacturing activity, Trading activity and Warehousing activity.

Shri Balaji Naidu, Director of the company explained their proposal. Shri Naidu informed that they wish to include some more items in their manufacturing activity in their existing LoA. He further stated that the raw materials proposed for manufacturing will be procured from local market and also will be imported.

The Committee noted that the description and ITC HS of finished goods and its raw materials are same and what manufacturing activity is envisaged. In reply, Shri Naidu stated that the raw materials imported/procured will be sorted/crushed as per the item of manufacture and then put in grinding machine for further processing.

The Committee also noted that the unit has submitted huge list of items for manufacturing and some of the items are restricted/STE conditions apply.

Therefore, the Approval Committee after due deliberation decided to defer the proposal with direction to the unit to submit a revised list of 10-15 items along with its raw materials with 08 digit ITC HS codes excluding restricted/STE items and also submit brief manufacturing process of each of the items proposed for manufacturing.

AGENDA ITEM NO. 190.1.16 Addition of Trading activity in their existing Letter of Approval – Request of M/s. R. K. Exports, KASEZ.

      M/s R. K. Exports, KASEZ is an approved unit for Pan Masala,

Guthka, Zarda and Khaini vide Letter of Approval F.No. KASEZ/IA/11/2016-17/6742 dated 09.08.2016, as amended.

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

Shri Anand Mehta, Authorized Representative of the firm explained their proposal. Shri Mehta stated that they are in KASEZ for manufacturing of Pan masala, Guthka, etc. and now they are getting inquiry from foreign buyers for trading of Guthka and allied products. He further stated that the traded goods will be procured from the local market/SEZ units and the same will be 100% exported.

proposal for addition of trading activity in their existing LoA and 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. This clause will have overriding effect for any approval granted in LoA now or before. ii) No DTA sale is allowed for the proposed traded items. iii) iv) v) 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.
vi) Further, the unit will submit separate APRs for their manufacturing and trading activity.
vii) viii) 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.

190.2 MISCELLANEOUS ITEMS

AGENDA ITEM NO. 190.2.1 Intimation of change in Directors of the company – Request of M/s. Baccarose Perfumers & Beauty Products Pvt. Ltd., KASEZ.

M/s. Baccarose Perfumers & Beauty Products Pvt Ltd., KASEZ, is an approved unit with LoA No. 8/18/84-FTZ dated 18.12.1984, for Manufacturing and Trading 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 wherein one Director has been appointed in the

company. The unit has submitted copy of DIR-12 containing particulars of changes among the directors.

The Committee was informed that there is an ED inquiry against the company. Therefore, the Approval Committee after due deliberation decided to defer their proposal regarding change in Directors and decided to first examine the matter of ED case against the unit.

AGENDA ITEM NO. 190.2.2 Intimation for change in Partnership of M/s. JMBM Warehousing, KASEZ.

M/s. JMBM Warehousing, KASEZ is an approved unit with LoA dated 09.12.2020 issued from F. No. KASEZ/IA/28/2020-21 for warehousing service activity, as amended.

Now the said unit has intimated regarding change in partnership wherein all old partners has retired from the firm and new partners has been inducted in the firm. They have submitted copy of notarized new partnership deed dated 19.11.2022 & copy of “Form-G” issued by Register of Firms and also copy of PAN card, Aadhar card and ITR of the new partner.

The Committee noted that the old partners have retired and new partners have been inducted and as per Partnership Act, it appears that the change of all partners from partnership firm may amount to dissolution of the firm as per Partnership Act and Supreme Court judgments.

Therefore, the Approval Committee after due deliberation decided to defer their proposal regarding change in Partners and decided to first take a legal opinion in the said matter.

AGENDA ITEM NO. 190.2.3 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.

The Committee noted that an issue is involved as discussed in agenda item 190.1.14 above. Therefore, the Approval Committee after due deliberation decided to defer their proposal till they comply with all the norms and then come up with change of name of the company.

AGENDA ITEM NO. 190.2.4 Intimation for change in the name of the unit and change in Partnership of M/s R. K. Exports, KASEZ

      M/s R. K. Exports, KASEZ is an approved unit for Pan Masala,

Guthka, Zarda and Khaini vide Letter of Approval F.No. KASEZ/IA/11/2016-17/6742 dated 09.08.2016, as amended.

Now the said unit has intimated regarding change in the name of the unit and change in partnership. They have submitted copy of notarized new partnership deed dated 31.03.2023, copy of “Form-G” issued by Register of Firms, copy PAN card & Aadhar card of new Partners and copy of PAN card of new 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, wherein the 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 partnership of the firm subject to submission of indemnity bond, KYC and IT returns/Net worth certificate of new partner, statutory provisions of the Indian Partnership Act 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. 190.2.5 Permission to import unscented machine made incense sticks (Restricted item) for manufacturing activity – Request of M/s. Mysore Scents Company, KASEZ, Gandhidham.

M/s. Mysore Scents Company, KASEZ is an approved unit with LoA dated 21.03.2000 issued from F. No. KASEZ/IA/1780/2000 for manufacturing activity of all types of Agarbatti, Masala Batti, Dhoop Batti, Raw Batti, Incense Cones, etc., as amended.

Now the said has requested for permission to import unscented machine made incense sticks (Restricted item) i.e. 9” Unscented machine made Black incense sticks – 10 MTs & 10” Unscented machine made natural incense sticks – 2 MTs for their manufacturing activity.

The Committee noted that the DGFT vide Notification No. 15/2015- 2020 dated 31.08.2019 has revised policy condition for import of “Agarbatti” and other odoriferous preparations which operate by burning falling under ITC HS 33074100 from “Free” to “Restricted” category.

The Committee further noted that second proviso to Rule 26 stipulates that if any permission is required for import under any other law, the same shall be allowed with the approval of the Board of Approval.

Therefore the Approval Committee after due deliberation decided to defer their proposal for further examination.

AGENDA ITEM NO. 190.2.6 Permission to warehouse goods on behalf of DTA Client– Request of M/s. Amrin Impex Pvt. Ltd., KASEZ.

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

The Committee further noted that in the last UAC their proposal for change in directors was taken up for consideration and approved wherein the unit has stated that they will apply for space for their warehousing activity in due course, however, as on date the unit the unit has not applied for space in KASEZ.

Therefore the Approval Committee after due deliberation decided to reject their proposal with direction to the unit to first acquire space in KASEZ and then come up for any additional items they propose to warehouse.

AGENDA ITEM NO. 190.2.7 Permission to warehouse goods on behalf of DTA/foreign clients – Request of M/s. Cargo Care Agency, KASEZ.

The Committee noted that M/s. Cargo Care Agency, 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:

AGENDA ITEM NO. 190.2.8 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 additional items on behalf of Foreign/DTA clients.

The Committee after due deliberation decided to permit the additional items, except items at Sr. No. 3, 4, 7, 25 to 31 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 criterion and submission of KYC of their clients and also subject to following conditions:

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

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