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Minutes of the 197th meeting of Approval Committee

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Minutes of the 197th Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

Following were present:

1. Shri. Marut Tripathi =: Joint Development Commissioner,
KASEZ.
2. Shri. Gajendra Singh _ : Assistant Commissioner ofCustoms,
Chholak Rep. ofCommissioner ofCustoms, Kandla.
3. Shri. Vincent Colaco : Assistant Commissioner ofIncome Tax,
Gandhidham.
4. Shri. Sunil Solanki : Sub-Divisional Magistrate, Anjar
Rep. of District Collector, Kutch
(Video Conferencing mode).
5S. Shri. Bharat Nakum : Manager R. M., DIC, Bhuj
(Video Conferencing mode).
6. Shri. Bhanu Jain : Deputy Commissioner ofCustoms, KASEZ
(SpecialInvitee)

Absentees:-

  1. Director (Banking)

  2. DGFT

197.1 Review/Confirmation of the minutes of last meeting (196t® UAC) of the Approval Committee:-

Minutes of the last meeting of Approval Committee were confirmed. 1 %

Minutes of the 197t Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

197.1 NEW UNIT APPLICATION

AGENDA ITEM NO. 197.1.1 Application for setting up of a Manufacturing unit in KASEZ namely M/s. SND Exports Pvt. Ltd., E-345, MIA Indl. Area, 2.4 Phase, Marudhar Ind. Area, Jodhpur -— 342 005, Rajasthan. A proposal has been submitted by M/s. SND Exports Pvt. Ltd., Jodhpur for setting up a unit in Kandla SEZ for Manufacturing activity.

Shri Arpit Dhariwal, Director of the company explained their proposal. Shri Dhariwal stated that they are in business of supari, tobacco and mouth freshener since last 35 years and now they want to set up an export unit in KASEZ for manufacturing and export of gutkha, pan masala, etc. He further stated that they have requested for ready built shed of 700 sq. mtrs. for their proposed manufacturing unit and if shed is not available they may be given plot wherein they will construct their own building.

The Committee directed the applicant that raw materials which they propose to procure/import should not be in semi-processed form/without processing. The Committee further asked the Director about the source of finance. In reply, Shri Dhariwal stated that for the proposed project they will source finance from their own funds and no loan will be taken.

mmittee further asked the Director about the source of finance. In reply, Shri Dhariwal stated that for the proposed project they will source finance from their own funds and no loan will be taken.

The Approval Committee after due deliberation approved the proposal of manufacturing activity subject to standard terms and conditions for such units which, inter-alia, include no DTA Sale/clearance of any goods and also subject to furnishing an affidavit/undertaking for use of plastic packaging as detailed under Item No. 117.1.2 in terms of the Apex Court’s judgement. Betel nuts (supari) if 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.

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

  • ii) Betel nut/areca nut, if imported, will be consumed in their finished products for 100% exports and will not be allowed to be taken out of the Zone for Job-work/sub contracting and the applicant will install machinery for further processing of betel nut/areca nut in their factory premises.

  • iil) 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) Further, the items will be subjected to the Policy Conditions specified in DGFT’s ITC HS Code wherever applicable.

‘Description of goods as per DGFT Import Policy’, the later will prevail.

  • iv) Further, the items will be subjected to the Policy Conditions specified in DGFT’s ITC HS Code wherever applicable.

  • v) Further, the applicant will give an undertaking that none of the items proposed above are falling under negative list and are not 2: <A

Minutes of the 197th Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

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. 197.1.2 Application for setting up of a Manufacturing unit in KASEZ namely M/s. Tabac India International Pvt. Ltd., A-1/172, First Floor, Safadarjung Enclave, New Delhi - 110 029. A proposal has been submitted by M/s. Tabac India International Pvt. Ltd., New Delhi for setting up a unit in Kandla SEZ for Manufacturing activity. Shri Shivam Bihani, Director of the company explained their proposal. Shri Bihani stated that they are already in KASEZ and having unit in the name and style of M/s. AVB International and doing business since long time. Now, they want to set up a new unit in KASEZ for manufacturing and export of gutkha, pan masala, etc. He further stated that they have requested for 1200 sq. mtrs. Shed or 2500 sq. mtrs. Plot for their proposed manufacturing unit.

unit in KASEZ for manufacturing and export of gutkha, pan masala, etc. He further stated that they have requested for 1200 sq. mtrs. Shed or 2500 sq. mtrs. Plot for their proposed manufacturing unit. The Committee directed the applicant that raw materials which they propose to procure/import should not be in semi-processed form/without processing. The Committee further asked the Director as to why they want to set up a new unit in KASEZ as they already have a unit in KASEZ. In reply, Shri Bihani stated that the unit M/s. AVB International is dealing in export of Nicotine pouches which does not contains tobacco and the proposed unit which they want to set up is for manufacturing of gutkha, khaini, zarda which contains tobacco and hence they want to have separate units for tobacco and non-tobacco products. The Committee also asked the Director about the use of Glycerine in their manufactured products. In reply, Shri Bihani stated that glycerine is used in the tobacco products so that moisture is maintained in the products.

d the Director about the use of Glycerine in their manufactured products. In reply, Shri Bihani stated that glycerine is used in the tobacco products so that moisture is maintained in the products.

The Approval Committee after due deliberation approved the proposal of manufacturing activity subject to standard terms and conditions for such units which, inter-alia, include no DTA Sale/clearance of any goods and also subject to furnishing an affidavit/undertaking for use of plastic packaging as detailed under Item No. 117.1.2 in terms of the Apex Court’s judgement. Betel nuts (supari) if 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.

ay

Minutes of the 197 Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

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

  • ii) Betel nut/areca nut, if imported, will be consumed in their finished products for 100% exports and will not be allowed to be taken out of the Zone for Job-work/sub contracting and the applicant will install machinery for further processing of betel nut/areca nut in their factory premises.

    1. 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) Further, the items will be subjected to the Policy Conditions specified in DGFT’s ITC HS Code wherever applicable.

  • v) Further, the applicant 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.

197.2 REQUEST FOR BROADBANDING/ITEM ADDITION

AGENDA ITEM NO. 197.2.1 Request of M/s Aum Solvchem, KASEZ for addition of one item in their warehousing service activity and Trading activity in their existing LoA.

M/s Aum Solvchem is an approved unit with LoA No. 14/2019-20 dated 19.12.2019, as amended for trading activity and warehousing activity subject to certain terms and conditions enumerated in the aforesaid Letter of Approval.

Now the said unit has requested for approval of one item in their warehousing service activity and trading activity as they have ready export orders on hand for the same.

Shri Harpal, Authorised Representative of the firm explained their proposal. Shri Harpal informed that they are in KASEZ for trading and warehousing activity and mostly drumming activities and now they have requested for addition of one item for trading & warehousing activity in their existing LoA.

The Approval Committee after due deliberation decided to approve the proposal for addition of one item in trading activity and warehousing service activity (subject to unit submitting KYC of their clients alongwith ITR of last 3 years on whose behalf they will warehouse goods) in their existing LoA and also subject to the following standard terms and conditions: | ‘ ane

Minutes of the 197t Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

inutes of the 197t Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

  • 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) Further, the unit will submit health compliances with regard to cosmetics proposed for trading & warehousing before undertaking of such activities.

    1. 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) Further, no DTA sale is allowed for the approved traded items. v) Further, the items will be subjected to the Policy Conditions specified in DGFT’s ITC HS Code wherever applicable.

  • vi) 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 with clear cut physical demarcation for both the activities with provisions of CCTV & other equipments.

  • vii) Further, the unit will submit separate APRs for their trading and warehousing service.

  • vill) 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.

arehousing service.

  • vill) 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.

  • 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 ensure the compliance of all guidelines, policies issued by any Ministry from time to time pertaining to the items approved in LoA.

  • x1) Further, the unit will give an undertaking that none of the items proposed are falling under negative list and are not hazardous or require environmental clearance for storage/ transmission/ handling and if the items are found in negative list or hazardous in nature, penal action will be initiated against them.

AGENDA ITEM NO. 197.2.2

Broad banding of Manufacturing Activity (Addition of new products in unit’s LoA) —- Request of M/s. Dyna Glycols Pvt. Ltd., KASEZ. M/s. Dyna Glycols Pvt. Ltd., KASEZ is an approved unit with LoA dated 31.05.2006 issued from F. No. KASEZ/IA/07/2006-07/1131 for manufacturing activity, as amended subject to certain terms and conditions enumerated in the aforesaid Letter of Approval.

Now the said unit has requested for broad banding of their manufacturing activity for addition of 01 item in their existing LoA. 5 \

Minutes of the 197th Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

Shri Rajeev Singh, Plant Manager of the company explained their proposal. Shri Singh explained that they wish to include one new item in their existing manufacturing activity and further stated that their sales this year was about Rs. 197 crores and last year they made sales of Rs. 137 crores.

at they wish to include one new item in their existing manufacturing activity and further stated that their sales this year was about Rs. 197 crores and last year they made sales of Rs. 137 crores.

The Committee asked the representative of the company about the end use of the proposed item to be manufactured. In reply, Shri Singh stated that the said formulation being manufactured by them will be used in the oil field industries. Further, the Committee inquired that the product sought by the unit also falls under the HSN Code 34029099 which attracts duty of 30.98% while in the proposal same product has been categorized under the HSN Code 38249900 that attracts total duty of 27.35%. The Committee further elaborated that head 3824 attracts goods Prepared binders for foundry moulds or cores; chemical products and preparations of the chemical or allied industries (including those consisting of mixtures of natural products), not elsewhere specified or included. While 3402 attracts goods Organic surface-active agents (other than soap); surface-active preparations, washing preparations (including auxiliary washing preparations) and cleaning preparations, whether or not containing soap, other than those of heading 34.01. The Committee further asked about the ITC HS Code as to why the same falls under 3824 and not 3402.

ions) and cleaning preparations, whether or not containing soap, other than those of heading 34.01. The Committee further asked about the ITC HS Code as to why the same falls under 3824 and not 3402. In reply, Shri Singh stated that the proposed product fall under formulation category and does not fall under surfactant category as the molecular weight of the proposed products is more therefore, can’t be used as surface active agents which is the main criteria why which goods should fall under HSN code 34029099. Further, Shri Singh submitted that their product will be used in oil mining industry or oil filed industry and that their final product has no correlation with the surface active agents or for uses for any washing preparation or cleaning preparation due to molecular weight difference.

The Approval Committee after due deliberation decided to approve the proposal for additional item as per details given in their proposal in manufacturing activity subject to standard terms and conditions that the unit will comply with the conditions of the concerned agencies for storage/handling/usage of the said item and its raw materials and also subject to submission of clarification on the proposed item along with its chemical analysis report. i) Any restrictions on import/export of manufacturing items and its raw materials will apply. il) None of the items which are restricted or prohibited will be allowed to be manufactured/imported and any restrictions on import/export of any items will apply unless specifically permitted by the UAC. 6 \

the items which are restricted or prohibited will be allowed to be manufactured/imported and any restrictions on import/export of any items will apply unless specifically permitted by the UAC. 6 \

Minutes of the 197% Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

  • ili) In case of any discrepancy/mismatch between the ‘Description of Goods’ as provided by the Unit & ‘Description of goods as per DGFT Import Policy’, the later will prevail.

  • iv) Further, the items will be subjected to the Policy Conditions specified in DGFT’s ITC HS Code wherever applicable.

  • xli) The above permission is also subject to further condition that the unit shall maintain separate accounts for Manufacturing, trading & warehousing activity and earmark separate space with clear cut physical demarcation for all the activities with provisions of CCTV & other equipments.

  • v) Further, the unit will submit separate APRs for each of their Manufacturing, trading & warehousing activities.

  • Vi) Further, the unit will obtain registration/clearance/any other mandatory requirement prescribed under any Act/Rules from concerned agencies before undertaking of such activities.

  • vii) Further, the unit will ensure the compliance of all guidelines, policies issued by any Ministry from time to time pertaining to the items approved in LoA.

e undertaking of such activities.

  • vii) Further, the unit will ensure the compliance of all guidelines, policies issued by any Ministry from time to time pertaining to the items approved in LoA.

  • viii) Further, the unit 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. 197.2.3

Request for broad banding of additional 01 item in their existing manufacturing activity - Request of M/s Goods and Commodities Trading, KASEZ. M/s. Goods and Commodities Trading, KASEZ is an approved unit with LoA dated 26.05.2023 issued from F. No. KASEZ/IA/GCT/23/2022-23 for manufacturing 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 one item in their manufacturing activity.

Shri Sahil Choudhary and Shri Gagan Goel, Partners of the firm appeared before the Committee to explain their proposal. Shri Choudhary stated that they have requested for addition of one item in their manufacturing activity in Oct’23. He further stated that they will procure the raw material from DTA and the same will be exported to USA, Europe, Norway, Portugal, Sweden, Germany, etc.

The Committee noted that the description and ITC HS of finished goods and one of its raw materials are the same. In reply, Shri Goel explained that they are having full flow chart and manufacturing process by which they are going to mix the natural garnet and other abrasive then

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Minutes of the 197 Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

Minutes of the 197 Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

process of removing of impurities, blending, sizing, grading etc. will be proceeded on the raw materials then only new product that is processed garnet will come into existence which is different from the raw material i.e. natural garnet. Further he submitted that natural garnet cannot be used directly and only after processing the whole as said above, then only new product i.e. processed garnet can be used for different purpose. Further, he submitted that there will be value addition of 20-25% and they will only export the final product and no DTA sale will be carried out.

of The Committee noted that the unit has requested for manufacturing one item which falls under the STE category and directed to DC Office first to examine their proposal with regard to clarification sought from other SEZ and examination to study the manufacturing process and then only the request of the unit for addition of one item in manufacturing activity will be taken up for consideration.

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

AGENDA ITEM NO. 197.2.4

Request of M/s. Garden Foods Corporation, KASEZ for addition of 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 LoA F.No. KASEZ/IA/13/2007-08 dated 11.10.2007 and warehousing activity vide LoA F.No. KASEZ/IA/13/2007-08 dated 28.11.2022, as amended.

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

Shri Sandeep Phogat and Shri Pankaj Kothari, Authorised Representatives of the firm explained their proposal. Shri Sandeep stated that their proposal was taken up for consideration in the earlier UAC meeting wherein they were directed to get themselves registered with IREL first. In this regard, he stated that they have approached IREL for registration and they have been informed that SEZ manufacturing unit need not go through STE. He further stated that Rule 45(4) of SEZ Rules, 2006 stipulates that FTP restrictions on STE shall not apply to SEZ manufacturing units. He also stated that the proposed items will be 100% exported and no DTA sale is envisaged & they have also submitted purchase order of one of their client and for the proposed items, they will use 10000 sq. ft. area out of 22000 sq. ft. available with them and will give employment of 30 persons. The manufactured goods will be used in sand blasters, water

for the proposed items, they will use 10000 sq. ft. area out of 22000 sq. ft. available with them and will give employment of 30 persons. The manufactured goods will be used in sand blasters, water

Minutes of the 197t Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

jet cutting, etc. He further stated that raw materials will be procured from Rajasthan from their own mining plant and said items are already approved in VSEZ, MEPZ and from Rajasthan.

The Committee noted that the unit has requested for manufacturing of items and one of the item falls under the STE category. The Committee needs to examine their proposal with regard to clarification sought from other SEZ and examination to study the manufacturing process and then only the request of the unit for addition of items in manufacturing activity will be taken up for consideration.

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

AGENDA ITEM NO. 197.2.5 Addition of items in Trading Activity in their existing LoA - Request of M/s Hitex Healthcare Pvt. Ltd., KASEZ.

M/s. Hitex Healthcare Pvt. Ltd, KASEZ is an approved unit for manufacturing activity of Surgical Gowns/apparels etc. in Kandla Special Economic Zone, Gandhidham, vide LoA No. KASEZ/IA/020/2016-17 dated 01.03.2017, as amended. Their LoA was further broad-banded vide this office letter dated 02.03.2022 for addition of Trading activity for 01 item.

Gandhidham, vide LoA No. KASEZ/IA/020/2016-17 dated 01.03.2017, as amended. Their LoA was further broad-banded vide this office letter dated 02.03.2022 for addition of Trading activity for 01 item.

Now the unit has requested addition of trading items in their existing LoA.

Shri Subodh Sharma, Plant Manager and Shri Mohit Shah, Manager (Planning & Exports) of the company explained their proposal. Shri Shah informed that they are in manufacturing of medical devices field and now their clients have requested to give them semi-finished raw materials along with manufactured goods as there are variations in colour and size of the materials and the materials in roll form will be sent to the buyer for further sterilization process at their end and hence they have requested for addition of some HS codes in trading activity.

The Committee asked the representatives of the unit about the bifurcation of traded items and manufactured items to be exported and whether they will file separate Shipping Bills for traded and manufactured goods. However, the representatives of the unit could not able to explain satisfactorily about the filing of Shipping Bills in this regard.

Therefore, the Approval Committee after due deliberation decided to defer their proposal with direction to the unit to submit clarification with regard to segregation of manufactured and traded goods, managing the data separately for trading and manufacturing activity and filing of Shipping Bills

ion to the unit to submit clarification with regard to segregation of manufactured and traded goods, managing the data separately for trading and manufacturing activity and filing of Shipping Bills

Minutes of the 197th Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

for traded and manufactured goods and also exact ITC HS code with regard to items at Sr. No. 10 & 12 of their proposal.

AGENDA ITEM NO. 197.2.6

Addition of items in Trading Activity in their existing LoA- Request of M/s. ITM Safety Private Limited, KASEZ.

M/s. ITM Safety Private Limited, KASEZ is an approved unit with LoA No. 029/2010-11 dated 30.11.2010, as amended, for Manufacturing activity & Trading activity subject to certain terms and conditions enumerated in the aforesaid Letter of Approval.

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

Shri Imran, General Manager and Shri Saurabh Tripathi, Authorised Representative of the company explained their proposal. Shri Imran informed that they are in KASEZ for manufacturing of PP Safety Garments and also trading activity and now they wish to include some items in their trading activity. The Committee asked the representatives of the unit about item at Sr. No. 1 as to whether it will be in rubberised form or otherwise. In reply, Shri Imran stated that it will in the form of fabric and not rubberised. He further stated that they will export two types of goods one in finished form i.e. manufactured goods and other in raw form i.e. traded goods. The Committee also asked about the bifurcation of traded items and manufactured items to be exported and whether they will file separate Shipping Bills for traded and manufactured goods. In reply, Shri Tripati stated that they will file separate Shipping Bills for manufactured and traded goods.

  • The Approval Committee after due deliberation decided to approve the

factured goods. In reply, Shri Tripati stated that they will file separate Shipping Bills for manufactured and traded goods.

  • The Approval Committee after due deliberation decided to approve the

  • proposal for additional items in trading activity 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 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.

  • ili) Further, no DTA sale is allowed for the approved traded items. iv) Further, the items will be subjected to the Policy Conditions specified in DGFT’s ITC HS Code wherever applicable.

Minutes of the 197th Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

  • xill) The above permission is also subject to further condition that the unit shall maintain separate accounts for manufacturing and trading and earmark separate space with clear cut physical demarcation for both the activities with provisions of CCTV & other equipments.

  • v) Further, the unit will submit separate APRs for their manufacturing and trading activity.

h clear cut physical demarcation for both the activities with provisions of CCTV & other equipments.

  • v) Further, the unit will submit separate APRs for their manufacturing and trading activity.

  • vi) Further, the unit will obtain registration/clearance/any other mandatory requirement prescribed under any Act/Rules from concerned agencies before undertaking of such activities.

  • vii) Further, the unit will ensure the compliance of all guidelines, policies issued by any Ministry from time to time pertaining to the items approved in LoA.

  • viii) Further, the unit will give an undertaking that none of the items proposed are falling under negative list and are not hazardous or require environmental clearance for storage/ transmission/ handling and if the items are found in negative list or hazardous in nature, penal action will be initiated against them.

AGENDA ITEM NO. 197.2.7 Request for addition of items under trading activity in their existing Letter of Approval - M/s. Marvel Fragrances Company, KASEZ. M/s. Marvel Fragrances Company, KASEZ is an approved unit for manufacturing activity in Kandla Special Economic Zone with LOA No. KASEZ/TA/015/2007-08 dated 02.08.2007, as amended from time to time. Now the said unit has requested for addition of trading activity in their existing LoA and submitted the list of items for trading activity.

/2007-08 dated 02.08.2007, as amended from time to time. Now the said unit has requested for addition of trading activity in their existing LoA and submitted the list of items for trading activity.

Shri Ramesh Chauhan, Manager of the firm explained their proposal. Shri Chauhan informed that they have requested for addition of trading activity in their existing LoA as at times they need to transfer their goods to their EOU unit which is at Mathak in Anjar District with regard to urgent export orders in their EOU unit. The Committee asked the Manager as to why they want to transfer their goods from SEZ to their EOU unit as the EOU unit can directly import/procure the materials for their day-to-day operations and also Procurement Certificate is being issued by AC/DC of the jurisdictional Commissionerate where the EOU is set up and it will be difficult for the EPC circle to maintain records of such transfers. In reply, Shri Chauhan stated that such trading activity will not be on regular basis and in case of urgent orders in their EOU unit they will transfer their surplus goods lying in their SEZ unit to the EOU unit. » NY

| Minutes of the 197 Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

Minutes of the 197 Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

Further, the Committee also noted that most of the items requested for trading are restricted items and the Committee cannot permit such blanket permissions and directed the Manager of the unit that for the time being DC office can consider the one time permission with regard to transfer of their materials except restricted items to their EOU unit.

Therefore, the Approval Committee after due deliberation decided to reject their proposal of addition of trading activity in their existing LoA with direction to the unit that for the time being DC office can consider the one time permission with regard to transfer of their materials except restricted items to their EOU unit.

AGENDA ITEM NO. 197.3.1

Intimation for change in Directorship of M/s Hwatsi Chemical Private Limited, KASEZ

M/s Hwatsi Chemical Private Limited, Plot No. 586 & 587, New Area, Kandla Special Economic Zone is an approved unit for Manufacturing, Trading and Warehousing vide Letter of Approval F. No. 004/2011-12 dated 13.05.2011, as amended. Now the said unit has intimated regarding change in directorship and submitted copy of “Form DIR-12 & DIR-2” issued by Register of Firms, copy PAN card & Aadhar card of new Director.

Shri Balarama Panigrahy, Plant Incharge of the company appeared before the Committee to explain the proposal. Shri Panigrahy stated that their request is regarding intimation for change in directorship of the company wherein one Director has retired and one Director has joined the company and change in directorship is within the family.

The Committee asked the representative of the unit about authorisation letter to appear before the Committee. However, the representative could not submit authorisation letter on behalf of the unit before the Committee and stated that he will submit the same after the meeting. Therefore, the Committee after due deliberation decided to defer their proposal with direction to the unit to call the directors of the company or authorized person with proper authorisation letter to appear in the next meeting to explain the proposal.

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efer their proposal with direction to the unit to call the directors of the company or authorized person with proper authorisation letter to appear in the next meeting to explain the proposal.

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. Minutes of the 197t Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

AGENDA ITEM NO. 197.3.2 Intimation for change in constitution of company on conversion of company from Private Company to Public Company — Request of M/s Jajoo Rashmi Refractories Pvt. Ltd., KASEZ. M/s. Jajoo Rashmi Refractories Pvt. Ltd., KASEZ is an approved unit for trading activity vide LoA No. 10/2018-19 dated 31.08.2018, as amended.

Now the said unit has intimated regarding change in constitution of company on conversion of company from “Private Company” to “Public Company” and submitted copy of "certificate of incorporation consequent upon conversion to public company" dated 22.08.2023 issued by Registrar of Companies, Jaipur. Unit has also submitted the indemnity bond dated 21.11.2023 and copy of the extract of resolution passed in the board meeting of the company regarding the decision of conversion. Unit has also informed that there is no change in shareholding pattern and directors of the company and submitted the list of shareholders before and after conversion into Public Limited. Shri Narendra Singh Rathor, Authorised Representative of the company appeared before the Committee to explain the proposal.

d the list of shareholders before and after conversion into Public Limited. Shri Narendra Singh Rathor, Authorised Representative of the company appeared before the Committee to explain the proposal. Shri Rathor stated that their request is regarding intimation for change in constitution of the company from Private Limited company to Limited company.

The Committee asked the representative of the unit about authorisation letter to appear before the Committee. However, the representative could not submit authorisation letter on behalf of the unit before the Committee and stated that he will submit the same after the meeting. Therefore, the Committee after due deliberation decided to defer their proposal with direction to the unit to call the directors of the company or authorized person with proper authorisation letter to appear in the next meeting to explain the proposal. AGENDA ITEM NO. 197.3.3 Intimation for change in constitution from Proprietorship to Partnership of M/s. Jay Bholenath Waybridge, KASEZ.

M/s. Jay Bholenath Waybridge, is an approved unit for weighbridge activities, manufacturing activity, trading activity and warehousing service activity in KASEZ. The unit have been granted Letter of Approval No. 018/2019-20 dated 16.01.2020, as amended.

Now the said unit has intimated regarding change in constitution from proprietorship to partnership and submitted copy , 13 ve partnership

f Approval No. 018/2019-20 dated 16.01.2020, as amended.

Now the said unit has intimated regarding change in constitution from proprietorship to partnership and submitted copy , 13 ve partnership

. Minutes of the 197th Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

deed dated 17.11.2023, indemnity bond, copy of pan card of the firm, KYC of new partners viz. PAN & Aadhar Card and ITR of new partners along with their application.

Shri S. I. Motanwala, existing Proprietor of the firm along with Shri Rajpalsinh S. Gohil and Shri Harpalsinh S. Jadeja, Partners being inducted in the firm appeared before the Committee to explain the proposal. Shri Motanwala stated that they are in KASEZ for plastic lumps manufacturing, trading and warehousing activities and now they have requested for change in constitution from proprietorship to partnership as during last years there were no activities in their unit and now they have included two partners who will introduce more funds to re-start their activities in KASEZ. Shri Motanwala has also submitted copy of Form-G issued from Registrar of Firms, Gandhidham regarding change in partnership deed.

ho will introduce more funds to re-start their activities in KASEZ. Shri Motanwala has also submitted copy of Form-G issued from Registrar of Firms, Gandhidham regarding change in partnership deed.

The Committee asked Shri Motanwala about the consideration received by him as he has transferred 90% of its shares to the new partners. In reply, Shri Motanwala stated that he is having business in Surat and he is getting less time to concentrate to KASEZ business hence he has transferred 90% of its business in KASEZ and has received the consideration on the amount of shares taken by the new partners and also the rental dues of about Rs. 18-20 lakhs have also being paid by the new partners. The Committee examined the income tax returns of the new partners and noted that it is sufficient to finance the business. 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).

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 Business Transfer Agreement being a case of a Partnership firm taking over by a Proprietorship firm, Net worth certificate of new partners, submission of an Affidavit/Undertaking that no Customs/DRI and any other Govt. Department case is booked against the unit 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 to the Income Tax Department for necessary action at their end.

Minutes of the 197th Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

AGENDA ITEM NO. 197.3.4 Intimation for change in constitution from Proprietorship to Partnership of M/s. La Spirit Liquor Trading Co., KASEZ. M/s. La Spirit Liquor Trading Co., is an approved unit for trading activity in KASEZ. The unit have been granted Letter of Approval No. 018/2010-11 dated 24.08.2010 issued vide F.No. KASEZ/IA/018/2010-11, as amended.

Now the said unit has intimated regarding change in constitution from proprietorship to partnership and submitted copy of notarized partnership deed dated 17.11.2023, indemnity bond, copy of pan card of the firm, KYC of new partners viz. PAN & Aadhar Card and ITR of new partners along with their application.

Shri S. I. Motanwala, existing Proprietor of the firm along with Shri Rajpalsinh S. Gohil and Shri Harpalsinh S. Jadeja, Partners being inducted in the firm appeared before the Committee to explain the proposal. Shri Motanwala stated that they are in KASEZ for trading activity and now they have requested for change in constitution from proprietorship to partnership wherein they have included two partners who will introduce more funds to re-start their activities in KASEZ. Shri Motanwala has also submitted copy of Form-G issued from Registrar of Firms, Gandhidham regarding change in partnership deed.

ho will introduce more funds to re-start their activities in KASEZ. Shri Motanwala has also submitted copy of Form-G issued from Registrar of Firms, Gandhidham regarding change in partnership deed.

The Committee directed the DC office to examine in detail the consideration received with regard to change in constitution from proprietorship to partnership firm, assets & liabilities vis-a-vis the net worth of M/s. La Spirit Liquor Trading Co. and to conduct an in-depth examination and come up with their observations/recommendations.

Therefore, the Approval Committee after due deliberation decided to defer their proposal regarding change in constitution from Proprietorship to Partnership firm for further examination. AGENDA ITEM NO. 197.3.5 Intimation for change in constitution from Proprietorship to Partnership and change in name of the unit - M/s. Motan Enterprise, KASEZ.

M/s. Motan Enterprise, is an approved unit for trading activity in KASEZ. The unit have been granted Letter of Approval No. 27/2021-22 dated 09.03.2022, as amended.

Now the said unit has intimated regarding change in constitution from proprietorship to partnership and change in name of the unit and submitted copy of notarized partnership deed dated 17.11.2023, indemnity bond, copy

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partnership deed dated 17.11.2023, indemnity bond, copy

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Minutes of the 197th Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

of pan card of the firm (M/s. Shree Ashapura Enterprise), KYC of new partners viz. PAN & Aadhar Card and ITR of new partners along with their application.

Shri S. I. Motanwala, existing Proprietor of the firm along with Shri Rajpalsinh S. Gohil and Shri Harpalsinh S. Jadeja, Partners being inducted in the firm appeared before the Committee to explain the proposal. Shri Motanwala stated that they are in KASEZ for trading activity and now they have requested for change in constitution from proprietorship to partnership wherein they have included two partners who will introduce more funds to re-start their activities in KASEZ. Shri Motanwala has also submitted copy of Form-G issued from Registrar of Firms, Gandhidham regarding change in partnership deed.

ho will introduce more funds to re-start their activities in KASEZ. Shri Motanwala has also submitted copy of Form-G issued from Registrar of Firms, Gandhidham regarding change in partnership deed.

The Committee noted that the unit has been granted LoA on 09.03.2022 and the unit has not commenced its authorised activity and their LoA has also expired. The Committee directed the unit to first request for extension of their LoA, then commence its authorized operations and then come up with change in constitution and change in name of the firm. Therefore, the Approval Committee after due deliberation decided to defer their proposal regarding change in constitution from Proprietorship to Partnership firm and change in name of the firm till the unit commences its authorized activity in KASEZ. AGENDA ITEM NO. 197.3.6 Intimation of change in Partnership deed of M/s. Stash Barn Enterprises, KASEZ.

M/s Stash Barn Enterprises, KASEZ is an approved unit for Warehousing Service Activity and Trading Activity in Kandla Special Economic Zone vide Letter of Approval No. KASEZ/IA/005/2015-16 dated 02.06.2015, as amended. The validity of their LoA is upto 07.11.2026. Now the said unit has intimated regarding change in partners of the firm wherein one Partner has retired from the firm and one new Partner has joined the firm and submitted copy of supplementary deed of partnership (Deed of Admission cum Retirement) dated 19.12.2023 and has also submitted copy of Form-G issued from Registrar of Firms, Gandhidham regarding change in partnership deed.

ementary deed of partnership (Deed of Admission cum Retirement) dated 19.12.2023 and has also submitted copy of Form-G issued from Registrar of Firms, Gandhidham regarding change in partnership deed. Shri Rakesh Bansal, existing Partner and Shri Yash Ram Gangwani, new partner being inducted in the firm appeared before the Committee to explain the proposal. Shri Bansal stated that they are into warehousing and trading activity in KASEZ and now they have introduced new partner in the firm & one partner has retired and requested to take the note of change in partnership of the firm. 16 VO

Minutes of the 197% Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

the The Committee asked the existing Partner why they want to change partnership of the firm. Shri Bansal stated that they have introduced new partner for expansion of their business in KASEZ and the new partner has also introduced funds in their business.

to change partnership of the firm. Shri Bansal stated that they have introduced new partner for expansion of their business in KASEZ and the new partner has also introduced funds in their business.

The Committee examined the net worth and income tax returns of the new partner and noted that it is sufficient to finance the business. 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 an Affidavit/Undertaking that no Customs/DRI and any other Govt. Department case is booked against the unit 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. 197.3.7 One time permission to warehouse goods on behalf of Foreign/DTA client - Request of M/s. JSD Foods and Beverages, KASEZ. M/s JSD Foods and Beverages, KASEZ is an approved unit for Trading and warehousing activity vide LoA No. 22/2020-21 dated 09.11.2020, as amended.

Now the said unit has requested for one time permission to warehouse two items on behalf of their client.

or Trading and warehousing activity vide LoA No. 22/2020-21 dated 09.11.2020, as amended.

Now the said unit has requested for one time permission to warehouse two items on behalf of their client.

Shri Gulab Gidwani, Partner of the firm along with Shri Pawan Salvi, Logisitcs Head of their client appeared before the Committee to explain the proposal. Shri Gidwani stated they have requested for one time permission for warehousing of Adsorber Vessel and its spare parts under the Project Import Scheme and their foreign client has made a tie up with M/s. Praj Industries, KASEZ for fabrication of Adsorber Vessels and they will take delivery from M/s. Praj in their warehouse and the same will be supplied to M/s. Inox Air Products Pvt. Ltd., Jharkhand for installation of the same at Bokaro Steel Plant. 17 \

| Minutes of the 197th Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

nutes of the 197th Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

The Committee asked Shri Gidwani about the Project Import Regulation (PIR) registration as they are only the warehousing and not the importer of the goods. Shri Gidwani stated that PIR registration has already been made by M/s. Inox Air Products Pvt. Ltd. on whose behalf they will warehouse the goods. The Approval Committee after due deliberation decided to defer their proposal for further examination to know about the Technical aspects and also take Customs view in the matter. AGENDA ITEM NO. 197.3.8 One time Permission to warehouse goods on behalf of KASEZ units — Request of M/s. Jeen Mata Products Private Limited, KASEZ.

The Committee noted that M/s. Jeen Mata Products Private Limited, KASEZ has requested for permission to warehouse additional items on behalf of KASEZ units.

Shri Shivam Bihani, Director of the company explained their proposal. Shri Bihani informed that they have two sister concern manufacturing units in KASEZ and both their units are facing space constraint for storage of raw materials & consumables and hence they have requested to warehouse their items on behalf of their two sister concern manufacturing units.

their units are facing space constraint for storage of raw materials & consumables and hence they have requested to warehouse their items on behalf of their two sister concern manufacturing units.

The Committee after due deliberation decided to permit the additional items except item at Sr. No. 7 of their proposal, to be warehoused by the above unit on behalf of their two sister concern manufacturing unit in KASEZ as submitted by the unit subject to the unit fulfilling NFE criterion and also subject to following 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) Further, the items will be subjected to the Policy Conditions specified in DGFT’s ITC HS Code wherever applicable.

  • 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.

  • iv) Further, the unit will obtain registration/clearance/any other mandatory requirement prescribed under any Act/Rules from concerned agencies before undertaking of such activities.

  • v) Further, the unit will ensure the compliance of all guidelines, policies issued by any Ministry from time to time pertaining to the items approved in LoA.

ore undertaking of such activities.

  • v) Further, the unit will ensure the compliance of all guidelines, policies issued by any Ministry from time to time pertaining to the items approved in LoA.

. Minutes of the 197t Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

  • vi) Further, the unit will give an undertaking that they will warehouse the proposed items only of their two sister concern manufacturing units and they will not warehouse proposed items of any other units and no trading of the proposed warehoused items will be allowed.

  • vii) Further, the unit will give an undertaking that none of the items proposed are falling under negative list and are not hazardous or require environmental clearance for storage/ transmission/ handling and if the items are found in negative list or hazardous in nature, penal action will be initiated against them.

AGENDA ITEM NO. 197.3.9 Permission for warehousing activity of additional items - Request of M/s. Shreeji Exports, KASEZ.

The Committee noted that M/s. Shreeji Exports, KASEZ has requested for permission for warehousing activity of additional items.

Shri Santosh Goyal, Partner and Shri Rajesh Devpura, Group Head Commercial of the firm explained their proposal. Shri Goyal informed that they have requested for permission for warehousing activity of additional items. He further stated that they will do warehousing of chemicals on behalf of their clients and drumming and re-packing will be done and sent back to the client for export.

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 criterion and submission of KYC & ITR of last 3 years of their clients and also subject to following 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) Further, the items will be subjected to the Policy Conditions specified in DGFT’s ITC HS Code wherever applicable.

  • 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.

erever applicable.

  • 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.

  • iv) Further, the unit will obtain registration/clearance/any other mandatory requirement prescribed under any Act/Rules from concerned agencies before undertaking of such activities.

  • v) Further, the unit will ensure the compliance of all guidelines, policies issued by any Ministry from time to time pertaining to 19

  • the items approved in LoA. \

) Minutes of the 197% Unit Approval Committee Meeting of Kandla SEZ held on 29.12.2023 at 10:30 hrs under the Chairmanship of Shri Dinesh Singh, Development Commissioner, Kandla Special Economic Zone.

vi) Further, the unit will give an undertaking that none of the items proposed are falling under negative list and are not hazardous or require environmental clearance for storage/ transmission/ handling and if the items are found in negative list or hazardous in nature, penal action will be initiated against them.

AGENDA ITEM NO. 197.3.10

Post Ratification in the list of items in Warehousing Service activity submitted by M/s. Eurolines Shipping(I) Pvt. Ltd, KASEZ and issuance of LoA Renewal for further five years period from 28.07.2021 under Rule 19(6) of the SEZ Rules, 2006

The Committee was briefed on the issuance of renewal of Letter of Approval to M/s. Eurolines Shipping (I) Pvt. Ltd., KASEZ for further five years period w.e.f. 28.07.2021 wherein the unit has submitted specific list of items in their warehousing service activity.

The Approval Committee ratified the issuance of renewal of the LoA of the unit for trading and warehousing service activity for further 5 years period by the Development Commissioner, KASEZ.

The Committee also directed the DC office that the units who have been granted approval in the UAC may be given 3 weeks time to submit the requisite documents/undertaking otherwise the approval granted by the UAC will be liable for cancellation. 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.

n 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.

Developmenoobimissioner Kandla Special Economic Zone

20

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