02/05/2018 पर NSEZ के अनुमोदन समिति की बैठक का कार्यवृत्त

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(MInutes of Meeting of Approval Commlttee of Nolda SEz held o O2lOSlZO,,Sl Pase I of 13 Minutes of meetins of the Aoproval Committee of Noida SEZ held under the Chairmanship of Dr. L,B. Singhal. Develonment Commissioner [DC), Noida SEZ at 11:3O AM on 02/05/2018 in the Conference Hall ofNSEZ. The following members of the Approval Committee were present during the meeting:- Shri S.S. Shukla, ft. Development Commissioner, NSEZ. Shri Paramjit Singh Saini, Asstt. Commissioner, Customs, Noida Co mmiss ionerate. Shri R.L. Meena, Asstt. DGFT,0/o Addl. DGFT, CLA, New Delhi. Shri Mukesh Goyal, Associate Architect, IRep. of Noida Authority). Shri fagbir Singh, DIC, Noida (Rep. ofPrincipal Secretary Industry, Govt. of UP.J. 2. Besides, during the meeting S/Shri (iJ Raiesh Kumar, Dy. Development Commissioner, NSEZ (ii) Md. Salik Parwaiz, Specified 0fficer, NSEZ, (iii) Prakash Chand Upadhyay, Asstt. Development Commissioner, NSEZ, (iv) Raiendra Mohan Kashyap, PA to lDC, NSEZ, (vl Rahul Pandey, SDO, UPPCL, Noida, (viJ Kapil Muni, JE, UPPCL, Noida and (vii) A.K. Kaushik, UPPCB, Noida were also present to assist the Approval Committee. 3. At the outset, DC, NSEZ welcomed the participants. After brief introduction, each items included in the agenda were taken up for deliberation one by one. After detailed deliberations as well as interaction with the applicants / representatives of the units, the following decisions were taken:- (D Ratification of Minutes of last meeting of the Approval Committee held on os/04/2or8. It was informed that during previous meeting in case of M/s. Stable Packaging Pvt. Ltd., due to typo graphical error, items namely Rolls (Manufacturing & Trading) and Various kinds of Paper Reels and Polythene (Trading) were missed out from the Agenda items & minutes of the Meeting. It was further informed that revised letter including above products in the authorized operations has been issued to the unit subiect to ratification by the Approval Committee. The Approval Committee took note of the same and Minutes of the meeting held on 05 /04/20L8 were ratified. 1l 2) 3) 4) s) '#9

(Minutes of MeetlnS of Approval Commlttee of Noida SEZ held on 02/05/2018) Item wise decisions on proposals included in agenda: Paee 2 of 13 o Proposal of M/s, French Arabian Aroma for setting up a new Unit in NSEZ, It was informed to the Approval Committee that the applicant has proposed to set up a new unit in NSEZ to undertake Manufacturing & Export of Fragrance Compounds and Perfume Oils with projected exports of Rs. 55191.45 Lakhs and NFE earnings worth Rs.L221.77 Lakhs over a period of five years. It was further informed that the above proposal was also considered by the Approval Committee in its meeting held on 07 /02/2018, wherein the Approval Committee had deferred the proposal with a direction to the promoter to submit a detailed write-up indicating financial arrangement along with documentary proof, sources of finance for investment, sourcing of raw materials for the proposed SEZ unit along with documentary proof about financial strength of his mother and documentary proof for her support to finance the proiect. Shri Subir Bedi, Proprietor ofthe firm appeared before the Approval Committee. Shri Bedi informed that he has done B.E. from Institution of Engineers and is an Associate Member of Institution of Engineers. He further stated that he started working since 2004 in the perfume industry under his father Mr. Bimal Bedi's guidance in his already established factory namely M/s. Etosha PAN (a proprietorship firm of Mr. Bimal Bedi) at Kundli, Haryana. He further informed that he has started full-fledged working in 2007. He is having 14 years of intensive experience in the Indian, Nepal and Gulf Markets with 3 years working in domestic market. Shri Bedi further informed that initially they require investment in plant & machinery of Rs. 4-5 Lakhs only. However, it may increase in future based on the volume of production. He further stated that the initial investment for the proposed unit in NSEZ will be financed through his own income; funding by his Mother and from advance payments from their customers. He also informed that there shall be complete in-house manufacturing and no sub- contracting will be needed. He stated that raw materials like synthetic bases will be imported from France, Switzerland and other European countries and the finished

product will be exported to markets tike UAE, Saudi Arabia, Iran, Kuwait etc. The Approval Committee observed that considering the past exports done by the promoter or by the company of his father where he worked, export projection of Rs.551.9L Crores in next five years is very high. Shri Bedi informed that value of his product is very high. He has confirmed purchase orders and his projections for next five years are based on purchase orders in hand and likely to be received by him. He also mentioned that the raw materials proposed to be imported are very high priced and sensitive items. In view of this, the Approval Committee decided to impose a condition of 1000/0 examination of import and export cargo of the unit by NSEZ Customs' Shri Subir Bedi agreed to the decision and gave his consent for imposition of condition of 700o/o examination of import/export in the L0A. The Approval Committee, after due deliberations, approved the proposal of M/s. French Arabian Aroma for setting up a unit in NSEZ for manufacturing & export of Fragrance Compounds and Perfume 0ils, subiect to following conditions: (D 10070 examination of import and export consignment shall be carried NSEZ Customs. (ii) No DTA sale shall be allowed and; (iii) No sub-contracting permission shall be allowed. by 2. Proposal in respect of Mr/s' Virtual Studio Pw. Ltd' for Monitoring of performance and renewal of LOA. It was informed to the Approval Committee that M/s. Virtual Studio Pw. Ltd. has been granted an LOA dated, 22/1,1/2010 for service activities viz. Designing, development, maintenance and promotion of sites; Live & on demand solutions for Internet & Mobile Broadcasters; and Creative Audio and Video recording production & post production related facilities including corporate films. The unit has commenced its export activities w.e.f.15/\0/2012 and LOA of the unit is valid up ro 14/05/2078. It was informed to the Approval Committee that fiscal penalty of Rs.L.00 Lakhs was imposed on the unit vide order-in-Original dated t6.04.2015 for mis-declaration, non- {Minutes of Meetin8 of Approval Committee oI Noida SEz held o O2l05l20l8l Paee 3 of 13 ,,M

lMinutes of MeetinS of Approval Committee of Noida SEZ held on 02/05/2018) Paee 4 of 13 a submission of Softex & non-submission of APRs in time. The unit was directed to refund the duty component with 1B%o interest for activities, import/procurement prior to date of acceptance of Bond-cum-LUT i.e. 15.10.2012 and DCP was taken w'e.f. from date of acceptance of Bond-cum-LUT i.e. 15.10.2012. However, till date unit has not deposited the penalty amount. It was also informed that unit has not been filing Softex forms for attestation on SEZonline system. [t was also informed to the Approval Committee that unit has rendered services worth Rs. 567.15 Lakhs in DTA against payment in INR. As per Section z(z)(iii) ofSEZ Act 2005, "Services means such tradable services which earn foreign exchange". Hence, the above sales are not as per SEZ Act/Rules and value of Rs. 567.15 Lakhs had to be against free foreign exchange but the unit has received payments in lNR. Shri Venkatesh Sharma and Smt. Sangeeta Sharma, directors appeared before the Approval Committee. Shri Sharma informed that they had filed an appeal before DGFT against the said Order-in-Original in 2015. However, they did not receive any communication from DGFT regarding their appeal. He further informed that the duty component with 18olo interest for activities, import/procurement prior to date of acceptance of Bond-cum-LUT was any way amounting to zero as there were no imports and no benefits were taken. It was decided that contention of unit on import shall be verified by DC (Customs), NSEZ. Smt. Sangeeta Sharma informed that they were unaware of the fact that they have to file Softex online for attestation. She stated that they had submitted Softex form to STPI, Sector - 29, Noida for FY 2015-16 which was accepted and for FY 2016'77 & 2017-18 is pending for want of requisite documents/ information as called by STPI, Noida. However, when they applied for L0A, the fact was clarified in the process that the Softex form has to be filed through SEZ online. Smt. Sharma further stated that she was not aware that for rendering services in DTA payment has to be in foreign currency only. She informed that they are a very small unit and they have never taken any benefit/exemption on the services being provided by them. They have paid service tax against supplies in DTA against INR. They were asked to give proof of such payment. Smt. Sharma requested to take a lenient view in the matter.

(Mlnutes of Meetin8 of Approval Committee of Noida SEZ held on 02/05/2018) Paee 5 of 13 a She further requested for guidance on the SEZ Act/Rules and other matters. Approval Committee observed that unit has rendered services in DTA against payment in INR which is against the SEZ Act. The Approval Committee informed the representative that as per section 11(41 of the Foreign Trade (Development & RegulationJ Act, there is a provision to settle the cases where a person admits any contravention. The Approval Committee gave them the option to settle the matter as per section 11(4) of the FT(D&R) Act, 7992 for violation of SEZ Act and Rules by imposing penalty to regularize authorized operation. The promoters of the unit gave their consent to settle the case under section 11(a) of the Foreign Trade (Development & Regulation) Act' Shri Sharma, however, requested for a minimum penalty. In light of facts & circumstances of the case, DC, NSEZ in discussion with the members of the Approval Committee, imposed a penalty of Rs. 25,000/- on the unit as per section 1L(4) ofthe FT (D&R) Acr,1992. The Approval Committee, after due deliberations, decided to extend the validity of LOA for a further period of 3 months i.e. upto l4/08/20L8, subject to deposition of penalty amount of Rs.25,000/- by the unit. The unit was also directed to ensure that all DTA sale of services are in line with section 2(z)(iiil of SEZ Act, 2005. The Approval Committee further directed that in the meantime following shall be done: (il Unit shall take appointment with fDC, NSEZ for any clarification/guidance on compliance with SEZ Act and Rules. (ii) Unit shall file all the pending Softex forms as per RBI guidelines and in case of detay unit shall obtain necessary approval for condonation of delay from RBI. (iii) Unit shall submit complete set of documents of appeal filed by them with DGFT and other correspondences made by and bewveen them and DGFT to NSEZ. Thereafter, NSEZ will take up the issue with DGFT for current status ofappeal of the unit. (ivJ Unit shall submit copies of their Service Tax returns to the Dy. Commissioner, Customs, NSEZ for examination and verification of the dury part.

(Minutes ot Meetlng of Approval Committee of Noida sEz held ono2lo5l20l8l Paqe 6 of 13 o --'. Proposal in respect of M/s. Groz Engineering Tools Pvt. Ltd. for Monitoring of performance and renewal of LOA, It was informed to the Approval Committee that M/s. Groz Engineering Tools Pvt. Ltd. has been issued an LOA dated t9 /03 /2009 for Manufacturing & trading activities. The unit has commenced its export production w.e.t. 26/04 /2013 and extended validity of LOA is valid till 25/06/20L8. It was further informed that unit has made exports worth Rs. 14068.33 Lakhs and earned positive NFE earnings worth Rs. 9492.30 Lakhs during previous block of five years i.e. 2013-l+ to 2016-17. The Approval Committee observed that unit has made DTA sale worth Rs. 2.67 Lakhs against trading activities during 2017-18. Shri Ritesh Kapoor, Shri Arun Gupta and Shri Ram Bhardwaj, authorized representatives ofthe company appeared before the Approval Committee. Shri Kapoor informed that they have made DTA sales worth Rs. 2.67 Lakhs against trading activities under Rule 53A[mJ of the SEZ Rules, 2006 to EOUs. He further informed that the said DTA sales were made against payment received in foreign exchange only. The Approval Committee observed that no evidence for receipt of payment in foreign exchange has been given. The Approval Committee directed the unit to submit a copy of documentary evidence of receipt of payment in foreign exchange against the said DTA sales. The Approval Committee, after due deliberations, decided to renew the validity of LOA for remaining period of five years i.e. upto 25/04/2023. The Approval Committee also took note ofpositive NFE earnings by the unit during previous block of five years' 4. Proposal in respect of M/s. Gold Craft International for Monitoring of performance. lt was informed to the Approval Committee that M/s. Gold Craft International has been issued an LOA dated 3L10512002 for Manufacturing & Export of Plain Gold/Platinum /Silver Jewellery, Plain Casted ltems & Studded Jewellery. The unit has commenced its export production w.e.f. 14/t2/2002 and LOA is valid till L3/12/2022. It was further informed that unit has made exports worth Rs. 592.72 Lakhs and earned

(Minutes of MeetinS of Approval Commtttee of Nolda SEZ held on OzlOsl2OTAl Paee 7 of 13 a positive NFE earnings worth Rs. 1.7.54 Lakhs during previous block offive years i,e. 2012- 13 to 2016-17 .lt was further informed that unit has achieved value addition of 3.0970 and 3.6070 during 2014-15 and 2016-17 as against prescribed norms of 3o/o and 3.5o/o respectively against export of plain gold jewellery, It was also informed that unit has not done any export during the years 2013-L4 &20L5-L6. The Approval Committee observed that although the import and export have been done with an Entity called Asia f ewellery LLC, the remittance of USD 15,167 has been received from a different entity called Al Salam f ewelry LLC. In this regard, it was also informed to the Approval Committee that as per clarification issued by the RBI, the unit has to apply for EDF waiver. Shri S,K. Mittal, proprietor appeared before the Approval Committee' He informed that they have not done any manufacturing/export ofStudded fewellery during previous block of five years. He further informed that earlier in Dubai, there were various private banking channels through which their buyer had sent them payments. However, now they are getting payments from the buyer's account only. The Approval Committee monitored the performance of the unit and took note of positive NFE earnings and value addition achievement by the unit. The Approval Committee also directed the unit to obtain and submit EDF Waiver from the RBI. 5. Proposal in respect of M/s. India Craft Loom for Monitoring of performance in view of exit request of the unit. It was informed to the Approval Committee that M/s. India Craft Loom has been issued an LoA dated t4106/2007 for Manufacturing Activities. The unit has commenced its export production w.e .f . 30 / 03 / 2010 and LOA is valid ttll 29 / 03 / 2020. lt was informed that Approval Committee in its meeting held on 03/05/20L7 had granted approval to M/s. India craft Loom for exit from SEZ scheme under Rule 74A of SEZ Rules, 2006 and transfer of its assets & building at Plot No' l29G/3' NSEZ to M/s. AOV International LLP subject to fulfillment of exit formalities by M/s. India Craft Loom and payment of applicable transfer charges. Accordingly, decision of the Approval Committee

a (Minutes of MeetinS of Approval commlttee of Nolda sEz held on 02/05/2018) Paee 8 of 13 was conveyed to the unit vide this office letter dated 1B,05,2017. It was further informed that in terms of Rule 54 of SEZ Rules, 2006, it is for Approval Committee to arrive at conclusion that unit has achieved positive NFE. [t was also informed that unit is yet to comply with the exit formalities. Shri A.K. Singhal, authorized representative of the unit appeared before the Approval Committee. He informed that they have received all the NOCs and will soon comply with all the exit formalities. The Approval Committee monitored the performance of the unit on the basis of APRs submitted by it up to 2077 -18 and noted achievement of positive NFE by the uniL The Approval Committee further observed that no foreign exchange is pending for realization as on date. The Approval Committee also directed the unit to complete exit formalities at the earliest. 6. Proposal in respect of M/s, C & B Aromas LLP for Inclusion of additional authorized operations in LOA. It was informed to the Approval Committee that M/s. C & B Aromas LLP has been issued an LOA dated L3/04/201.6 for Manufacturing of (i) EAU DE Perfume, EAU DE Toilefte, Perfume Body Spray, Room freshener, (ii) Perfume Gift set contain Perfume, Fragrance and other items related thereto. The unit has commenced its export production w,e.f. ll/04/2017 and LOA is valid till 1,0/04/2022. It was informed to the Approval Committee that the unit has submitted a proposal inclusion of Manufacturing of Perfume Compounds and Perfume Ingredients in authorized operations. Shri Yash Dubey, partner in the firm appeared before the Approval Committee. He informed that currently they are taking inputs from their DTA unit. He further informed that the raw materials procured from their DTA unit are processed and mixed/blended with Alcohol and Water is done in the unit. The finished product is then packed into container as per the customer's requirement. He stated that addition ofabove products would give more option to cater diverse clients for its

o (Mlnutes ot Meetlng o, Approval Commlttee of Noida sEz held onO2lOSl2O,,Sl Paee 9 of 13 and customers. It will also provide option for optimum utilization of manufacturing capacity of plant and resources available. He also stated that proposed product belongs to same existing genesis and this is intermediate product which serves their multiple objectives. The Approval Committee observed that unit has also requested for inclusion of Perfume Ingredients. Shri Dubey informed that they will procure these ingredients from DTA which will be used for making perfumery compounds. It was informed to them that as per their classification, these perfume ingredients are basically raw materials and these are not required to be mentioned in the list ofauthorized operations. The Approval Committee, after due deliberations, approved the request of unit for inclusion of only Perfume Compound in its authorized operations. 7. Proposal of M/s, MRA Fragrances PvL Ltd. for setting up a new Unit in NSEZ. It was informed to the Approval Committee that the applicant has proposed to set up a new unit in NSEZ to undertake Manufacturing & Export of (i) Filter Tobacco, (ii) Hooka Tobacco Paste (jurak), (iii) Flavoured Hooka Tobacco (Mossel), (ivJ Readymade Khaini, (v) Zafrani Zarda, (viJ Spit Tobacco, (vii) Mouth Freshener, fviii) Essential & Carrier Oils, (ix) Indian Attar & Fragrances and (xJ Various Kinds of Areca Nut under HS Code 2403 with proiected exports of Rs. L3500 Lakhs and NFE earnings worth Rs.13500 Lakhs over a period of five years. Shri Mukesh Khandelwal and Shri Rajesh Arora, directors appeared before the Approval Committee to explain the project. Shri Khandelwal informed that he has more than 30 years ofexperience in the tobacco business. He further informed that they have not made any export business from the company till date. However, other companies of promoters are also operating and one of their partner's firm has achieved business turnover of Rs. 1 Crore. The Approval Committee observed that applicant has proposed export turnover of Rs. 135 Crores during a block of five years. However, requirement of raw material has been shown worth Rs. 1.37 Crores only. The Approval Committee asked the promoters to explain as to how the unit will make export worth Rs,135 Crores with so low requirement

o (Minutes of MeetinE of Approval Committee of Noida sEz held on o2l05l201,8l Paee 10 of 13 of raw material. Shri Khandelwal informed that they have shown value of raw material requirement in Form F only for the first year which will gradually increase in five years. It was informed to them that they will need to submit the revised projections showing requirements of raw materials, Capital goods etc. for the five years block. Shri Khandelwal further informed that initially they will export to USA as one of the director is based in USA and overseeing the marketing there. lt was informed to the Approval Committee that the Govt. of Uttar Pradesh has vide Notification No. 62BBIFSDA /FOOD/2012 dated 04/10/20L2 in pursuance of Regulation 2.3.4 ofthe Food Safety and Standards (Prohibition and Restrictions on Sales) Regulation 2011, nrohibited. w,e,[. ff storage, sale or distribution of Gutkha and Pan Masala containing tobacco or nicotine as inoredients. bv whatsoever name it is available in the market. It was further informed that one of the proposed product i.e. Zafrani Zarda contains tobacco as ingredient fraw materialJ. It was further informed that furisdictional Central Excise and Income Tax Deptt. have been requested to verify credentials of the company and its directors and forward a report on the background/performance of the companies including authorized operations being undertaken by them. However, reply of both departments are awaited. The Approval Committee, after due deliberations, decided to defer the proposal with a direction to the applicant to submit revised project report indicating correct proiections for the period of five years. Approval Committee also directed that Jurisdictional Central Excise & [ncome Tax Deptt. may be approached again for their comments in response to this office letter dated 26/04/20t8. The Approval Committee further directed the Specified Officer, NSEZ to undertake background verification/ physical inspection of existing businesses of the applicant. The Approval Committee also directed to make a detailed reference to the State Government for clarification on the notification No. 6288/FSDA/FO OD /2012 dated. 04/L0/2012, in case the same has not been received ea rlier.

a (Minutes of MeetlnS of Approval Committee of Nolda SEz held on O2lOSl2OlSl Paee 1l of 13 Proposal of M/s, Devine Meditech Pw. Ltd. for setting up a new Unit in NSEZ' It was informed to the Approval Committee that the applicant has proposed to set up a new unit in NSEZ to undertake Trading of Medical Equipments and Pharmaceuticals with projected exports of Rs. 495 Lakhs and NFE earnings worth Rs. 395 Lakhs over a period of five years. It was further informed that some shortcomings were observed in the application which were conveyed to the applicant vide this office letter daled 04/04/2018. However, reply is still awaited. Shri Vipin Agrawal, director appeared before the Approval Committee to explain the project. He informed that he has approx. 20 years of experience in Medical lndustry' He further informed that Devine Meditech Pvt. Ltd. and its group companies are functioning seamlessly since 1975 and are most reputed manufacturer and supplier of medical solutions in the field of Ophthalmolory, Operation Theatre and Intensive Care Unit. He informed that they have a DTA unit in Okhla with a turnover of Rs. 3 Crores. He also informed that presently they are supplying their products to almost all states in India and more than 30 countries internationally. He also informed that they have revised their application and now they are proposing to set up the unit in NSEZ for both manufacturing & trading. He stated that initially they will start trading from the SEZ unit and with increase in business they will start manufacturing. The Approval Committee further observed that applicant has proposed to do trading of pharmaceuticals. Shri Agrawal informed that they will procure pharmaceuticals from domestic market which are related for cataract and 0phthalmology. The Approval committee observed that the applicant has shown requirement of built up area of 100 sq. mtrs. It was informed to the applicant that standard size of all the SDFs in NSEZ is approx. 500 Sq. mtrs. Shri Agrwal submitted that he was unaware of the sizes of the SDFs and to begin with, they may be allotted one SDF. The Approval Committee directed the applicant to submit revised application for

o (Minutes of Meetint of Approval Commlttee ot Nolda sEz held on O2lOSl2OlSl Paee 12 of 13 manufacturing & trading activities and decided to defer the proposal for its next meeting. Shri Agrawal requested to grant them approval so that they can start the operations immediately. The Approval Committee, after due deliberations, decided to approve the request of unit for Manufacturing & Trading of Medical Devices and Equipments only subject to the following condition: (i) Trading will be allowed only for physical export to any other country, for supply to other units and Developers in the same or other SEZ or EOUs, against foreign exchange and no DTA sale of trading items shall be allowed. (ii) Unit will maintain separate area earmarked each for manufacturing and trading activities and will also maintain separate records/accounts of NFE for manufacturing and trading activities. (iii) NFE status for manufacturing activity and trading activity will be seen separately. The Approval Committee further directed the applicant to submit revised application along with a write-up giving name of all pharmaceuticals and purpose of trading of pharmaceuticals and decided that decision on pharmaceuticals shall be taken in the next meeting. 9. Following cases for monitoring of performance/APRs under Rule 54 of SEZ Rules, 2006 were also placed before the Approval Committee, The unit wise decision of the Approval Committee are indicated below:- (il M/s. Cleartrail Technologies PvL Ltd. (Unit'll) - The Approval Committee monitored the performance of the unit on the basis of APRs up to 2016-17 and noted achievement of positive NFE by the unit. M/s. Smart Environmental PvL Ltd. - The Approval Committee monitored the performance of the unit on the basis of APRs up to 2016'17 and noted achievement of positive NFE by the unit. (iil

Noida Special Economic Zone (Mlnutes of MeetinS of Approval Commlttee of Nolda SEZ held onO2lOSlZOlSl Paqe 13 of 13 10. Approval Committee was informed that M/s. Jai Hanuman Exports has been granted time extension upto 14/05/2018 for the purpose of completing all the exit formalities. Now, the unit has again requested to extend the validity for another period of 2 months till 05/07/20t8. The unit has stated that they have already vacated one premises SDF No. H-3(BJ, NSEZ and for second premises SDF No. H-3(Al, they are under process of debonding. Independent valuer has been appointed for valuation and once the valuation is finalised, they will debond all the material. The representative of unit requested that they need two-three months' time for debonding. The Approval Committee, after due deliberations, decided to grant three months' time to the unit subiect to condition that lease rent is paid by the unit till the period they are allowed access to clear the machines/goods lying in the premises. Meeting ended with a vote of thanks to the Chair. /)n o!ffi Jt, Development Commissioner Development Commissioner