06/06/2018 पर NSEZ के अनुमोदन समिति की बैठक का कार्यवृत्त

qrcfr {r(6R, qrFw si g?ih {fldq, Elftq hqFr h-+ie uqm or orqioq ft\cr htc qrFf6 ed nca qrt ts, +s-rr, ftcsr.zot:os, hor - finqgu l,R Government of India, Min. of Commerce & Industry, DePtt. of Commelce, Office of the Development Commissioner NOIDA SPECIAL ECONOMIC ZONE Noida Dadri Road, PhaseJI, NQI q'T. €. 12101/2017 -qtqz t-dr i, fu{i6': lUoG/2018

1. E@ o'rtroo stfu+-rfi, q ulwn eilfiFrfi tro.rs sTfufi-tuT, €s sltrsftfi ffiH, Q-et - s, irrstt
2. grfrkftI q-6lBasl6 Etsr qIqR, drBrw \t?i tsthr dTf,q, 'c'fr,I, €qq-€t 1]-{{, efi{ fr qee, =r{ Fd r
3. 3frgffi, 3r{ro-t, s 2 d, 3{IqrDl l.fiFl. tgt Z+, fr(ret t
4. snTffi, {fcr {-tr, fr'gt frqr {-tr qTTffirdq, E-{fis ti;-rr fgfr, frqrrdl, Er€S', rtrdc gd rrR, str{ qasl - totioq. s. frtcro, ErFFil Ernr, erFrw C-d sfrq rHrf,q, qrd g{-fr.R, gt}q ffi{, T{ frieil - 110001 I
5. tsc sfus (efit qs--l), ffihq sqrrr, srTfto qTrdi 6r f+rq,frt riildq, qrd s.fiR, Tffc ilf,, fr{r dq RRiq €q-d qrrf, r€ frdt t. qerq-strfi, fucn sftr tt-(, 6-d€d t' we, qugt, ]rt frS-slt ftqq,Fqifi ooloolzore 6l gf6 rr:go {q Bfldffid +q-sl fdq}q qf{E fd al EFc orgCrcq qEfr +1 a-ds 6I otdTf, - (rfd iititit qil{s, Eg gqSEfl frqq or s<{ ti rilt EjT. \rm fr fHEo, iforq qlgffi, fr\rsl l4$q gnlffi fr{ o1 Brtqfidr n frrf6 06/06/2018 dl i[df6 11:30 qS e+fi dm, qsrrsB's. rrfi, frgsl mq qrfUo. fii, ft'sI fr ,3fltffid n\rsr ffis otf{o 51 E1 {Fz 3r$Ec sfrft 61 ta-o or fl{qd srnfud oti an ntsr g.n tr ," vu ft-ors ergm €ds-fi: sqtffi qfrfrrfr:
6. mq orqffM - fffirs engm b qaarfl z. ffio sdrqfi - riTfi frfls ongw t g++tir :. ftHu sdffi, fr\rsr ffiq strf{o. fi, - qq-{r?i cs q.

fud oti an ntsr g.n tr ," vu ft-ors ergm €ds-fi: sqtffi qfrfrrfr:

1. mq orqffM - fffirs engm b qaarfl z. ffio sdrqfi - riTfi frfls ongw t g++tir :. ftHu sdffi, fr\rsr ffiq strf{o. fi, - qq-{r?i cs q. sq ffors engffi (gqo, +q-sr ffiq qlf{6 fr{ - )B (.}IR. gtl*W-'
2. qlqr€q) Bore engm Gfl-Esra'ffi b fts t qa-+{r Ctty OfficJ , st"tu fruaing Coryoration of lndia Ltd-dth Floor, Jawahar Vyapar Bhawan, Tolstoy Mar& New Delhi-11m01 Tel. Zone Office: [Cbde- from outside 0120 / from Delhi 95120)] 2S7T0,3021444/5/6' Fax | 6814,2567276 City Office Telefax : 0-11-26855061i E-mait I <'ld'ilnsez.{{rv in> : Website: <\ 1r'w nsez.eov.in>

Paee I of20 (Minutes of MeetlnS of Approral Committee of t{oida SEZ held on 06.l06l20t8l Mlnutes of meetiqg of the Approval Committeg of Noida SEZ held under the Chairmanship of Dr. L.B. Siqghal. Develooment Commissioner (DCl. Noida SEZ at 11:30 AM on 06/06/2018 in the Confelence Hall of NSEZ. The following members of the Approval Committee were present during the meeting:.

1. Shri S.S. Shukla, ft. Development Commissioner, NSEZ.
2. Shri Nitesh Srivastava, Addl. Commissioner, Customs, Noida Commissionerate.
3. Shri R.L. Meena, Asstt. DGFT, O/o Addl. DGFT, CLA, New Delhi.
4. Ms. Sandhya Maurya, Income Tax Officer, Income Tax Deptt., Noida.

Besides, during the meeting S/Shri (i) R K. Srivastava, Dy. Development Commissioner, NSEZ (iD Md. Salik Parwaiz, Specified Officer, NSEZ, (iii) Prakash Chand Upadhyay, Asstt.

Tax Deptt., Noida. 2. Besides, during the meeting S/Shri (i) R K. Srivastava, Dy. Development Commissioner, NSEZ (iD Md. Salik Parwaiz, Specified Officer, NSEZ, (iii) Prakash Chand Upadhyay, Asstt. Development Commissioner, NSEZ, (iv) Rajendra Mohan Kashyap, PA to JDC, NSEZ, (v) Rahul Pandey, SD0, UPPCL, Noida, and (vi) Kapil Muni, JE, UPPCL, 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:- (i) Ratification of Minutes of last meeting of the ADproval Committee held on 02tpsl2o18. It was informed that no reference against the decisions of the Approval Committee held on 02/05/2078 was received and therefore, Minutes of the meeting held on 02/05/2018 were ratified.

02tpsl2o18. It was informed that no reference against the decisions of the Approval Committee held on 02/05/2078 was received and therefore, Minutes of the meeting held on 02/05/2018 were ratified.

Paee 2 of20 Item wise decisions on proposals included in agenda: (Mlnutes of Meetlnt of Approyal Committee of Notda SEz held on(tr,l}Sl2(/till Proposal of M/s. MM Fragra 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 Ourak), (iii) Fravoured Hooka Tobacco (Mossel), (ivJ Readymade Khaini, (vJ Zafrani Zarda, (vi) spit Tobacco, (vii) Mouth Freshener, (viii) Essentiar & carrier oils, (ix) Indian Attar & Fragrances and (xJ Various Kinds of Areca Nut under HS code 2403 with projected exports of Rs. 13500 Lakhs and NFE earnings worth Rs.13500 Lakhs over a period of five years. 2. It was informed that the Approval committee in its last meeting herd on0z/0s/207g had deferred the proposal of M/s. MRA Fragrances pvt. Ltd. with a direction to the applicant to submit revised project report indicating correct projections for the period of five years. Approval Committee also directed that Jurisdictional Central Excise & Income Tax Deptt. may be approached again for their comments in response to this office letter dated 26/04/2018. The Approval committee further directed the Specified Officer, NSEZ to undertake background verification/ physical inspection of existing businesses of the applicant. 3.

fice letter dated 26/04/2018. The Approval committee further directed the Specified Officer, NSEZ to undertake background verification/ physical inspection of existing businesses of the applicant. 3. Shri Mukesh Khanderwar and shri Rajesh Arora, directors appeared before the Approval committee to explain the project. Shri Khandelwal informed that he has more than 30 years of experience in the tobacco business. He further informed that they have not made any export from the company tilr date. However, other companies of promoters are also operating and one oftheir partner's firm has achieved business turnover ofRs. 1 Crore. 4. The specified Officer, NSEZ informed that as per decision of earlier Approval committee meetin& site inspection of declared registered office premises of M/s. MRA Fragrances Pvt Ltd. at 2"d Floor,600 Katra, Ishwar Bhawan, chandni chowk, Delhi - 110006 has been got done and report has been submitted. Extract of the report given by Inspecting Officer is as under: "As directed by the Depugt Commissioner (Customs), NSEZ the undersigned

Delhi - 110006 has been got done and report has been submitted. Extract of the report given by Inspecting Officer is as under: "As directed by the Depugt Commissioner (Customs), NSEZ the undersigned

Noida Special Economic Zone (Mlnutes of Meetlng of ApprovalC,ommlttee of Noida SEZ held on O6/OE/2018) Paee 3 of20 visited the declar"O *rn,tt , znd Floor, 600 Katra, lshwar Bhawan, Chandni Chowk, Dethi-170006 on 29/05/2018' The said premises were found at the second floor ofan ord building in Khari Baoli. On the top of the entrance of the said premises, a sign board of M/s MM Fragrances pvt Ltd. was found. Afier knocking the door, a person opened the door and on being enquired obout M/s. MM Fragrances pvt Ltd., he said he has no idea about the said company and further informed that this is a residential premise and he works there as a cook. The undersigned found inside the premises, a halt type room and a dining table was found placed in the hall. Further a kitchen was arso noticed in the said premises. on being asked about the owner of the said premises, the person informed that the owner of the said premise have a shop in one of the lanes sumounding the said buitding. The undersigned requested the said person to herp in rocating the shop buthe poritery refused citing the reason that he has some other engagement After thol the undersigned tried its best to locate the said shop as told by the aforementioned person but no such shop was found there in the name of M/s. MM Fragrances Pvt. Ltd.

me other engagement After thol the undersigned tried its best to locate the said shop as told by the aforementioned person but no such shop was found there in the name of M/s. MM Fragrances Pvt. Ltd. 0n being enquired with other shop owners of the rane they also could not te about any such shop. The undersigned found that the whole area have huge number of shops engaged in the business of whole sale of dry fruits anil medicinal herbs. The undersigned also visited the premises at 1._E, North End Rood, Civit Lines, Delhi. The said premise is a tall building with high boundary wall. The gate of the boundary wall was found closed from inside. Some cars were found parked inside the said premises. North End Road, Civil Lines, Dethi is primarily a residential area and the said buirding premises ot 7-8, North End Road, civir Lines, Delhi olso appears to be a residential premises.', 5. shri Khandelwal informed that the said premise at chandni chowk is owned by the family of directors and is used only as registered office address. He further informed that no business work is done at the said premise. He also informed that M/s. MRA Fragrances PvL Ltd. is a newly estabrished company, hence, no one knows its name in ttre area. The

further informed that no business work is done at the said premise. He also informed that M/s. MRA Fragrances PvL Ltd. is a newly estabrished company, hence, no one knows its name in ttre area. The

Committee observed tt at the requirement of this Act, records pertaining to the company must have been ava able at Registered Office. 6. Then, Shri Khanderwal informed that they have a factory/working unit in Bawana, Delhi in the name of M/s. Knock out Fragrances pvt. Ltd. and records are kept there. He also informed that the said unit was established primarily for manufacturing activities. However, no manufacturing activity is currently being carried and mere trading business is being carried out. shri Khandelwal admitted that they had made a mistake for not informing about Bawana address. 7. It was observed that for financial viability the promoters are banking on M/s. Knock Out Fragrances Pvt. Ltd. (director's other venture] but from the balance sheet of M/s. Knock out Fragrances pvt. Ltd. for the year 2076-17 it was observed that against revenue from operations of Rs. 2,03,63,842/- from sare in DTA, profit for the said period is Rs. 5758/- only, which is very low and makes the whole venture business unviable. Shri Khandelwal informed that they had incurred loss during previous years and due to that the profit for year 2016-17 was so lou 8.

, which is very low and makes the whole venture business unviable. Shri Khandelwal informed that they had incurred loss during previous years and due to that the profit for year 2016-17 was so lou 8. The Approval committee observed that applicant has proposed to manufacture (i) Filter Tobacco, (ii) Hooka Tobacco paste [urak), (iii) Flavoured Hooka Tobacco fMossel], (iv) Readymade Khaini, [v) zafrani zarda, (vi) spit Tobacco, (vii) Mouth Freshener, (viii) Essential & carrier oils, (ix) Indian Attar & Fragrances and (x) various Kinds ofAreca Nut under chapter 2403. However, it has been observed that Essential and carrier oils and Attar & Fragrances fall under chapter 330i., which belongs to altogether a different product/sector than tobacco sector. In terms of Instruction No. 69 issued by Doc, permission for unrelated items cannot be given. 9. The Approval committee discussed the matter in detail and was of tre unanimous view that the directors during the previous meeting held on o2/os/zo7} had not informed about the factory address at Bawana even when they were informed that site inspection of their premises will be done. 10. The Approval committee, after due deliberations, rejected the proposal of M/s. MRA (Mlnutes ot Meetlng of Approval Committee of t{oida SEZ held on O6lO6lZOtAl Paee 4 of20 'b9

mises will be done. 10. The Approval committee, after due deliberations, rejected the proposal of M/s. MRA (Mlnutes ot Meetlng of Approval Committee of t{oida SEZ held on O6lO6lZOtAl Paee 4 of20 'b9

Paee 5.of 20 (Mlnut€s of M€etlng of ApprcvalCommittee of oida SEZ held onOSlO,lZOtBl Fragrances Pvt. Ltd. to. r"nrn 2005 & Rule 18 ofSEZ Rules, 2006 on the following grounds: (D Mis-representation by the appricants as exprained in detail in para 4-6 above. while submitting the application as weil as during the hearing in the last Approval Committee meeting held on 2nd of May, 2018, applicant did not inform that firm's office at chandni chowk is a non-functionar office. As the verification report in para 4 shows that there was only a sign board of MRA Fragrances Pvt. Ltd., it was a residentiar premise and only a cook availabre there. In respect of second firm i.e. M/s Knock out Fragrances pvt. Ltd. arso the Registered office shown is the same as that of M/s MRA Fragrances pvt. Ltd. i.e. the said chandni chowk address which as explained in para 4 was merery a residential address with only a cook ava abre. This crearry amounts to gross mis-representation of the facts and providing misleading information for tating approval ofthis unit in Noida SEZ. (iD Applicant company has been incorporated only in December z)LZ andit has not done any manufacture & export of proposed items. (iiD Negative verification report, as per inspection report provided by DC(customsJ as given in para 4 above.

ated only in December z)LZ andit has not done any manufacture & export of proposed items. (iiD Negative verification report, as per inspection report provided by DC(customsJ as given in para 4 above. 0perations of the promoters of the company do not match with ground realities. (iv) Letter which was sent to the promoters by Speed post at the address given in the application came back as undelivered with the remarks ,,Left,,. (vJ For financiar viabirity the appricant were banking on the operations of M/s. Knock Out Fragrances pvt. Ltd. Financial viability projected to be relied upon is not viable from business point of view as mentioned in para 7 above and that too is not workin& at the moment. Applicant has shown profit of Rs.57sB/- onry for t].e year 201'6'72 and is projecting to achieve export of Rs.i.3500 Lakhs in next five years in this firm. Clearly this is absolutely unjustified. (vD Lack ofexperience in the relevant field to achieve Rs.l.35 Crores export turnover in five years and (vii) seeking approval of manufacturing of dissim ar products which is in contravention of Instruction No.69 of DOC. The applicant may under Rure 55 read with Rule 56 of the sEz Rures, 2006, prefer an appeal, to the appropriate Authority, if they desire to do so.

ch is in contravention of Instruction No.69 of DOC. The applicant may under Rure 55 read with Rule 56 of the sEz Rures, 2006, prefer an appeal, to the appropriate Authority, if they desire to do so.

(Mlnuter of Meeting of Approval Committee of olda SEZ held on(f,,lf,il:z}till Paee 6 of20 Proposal in respect or r/" and Renewal of LOA. It was informed to the Approvar committee that M/s. cyfuture India pvr Ltd. has been granted an LOA d'ated 28/09/2007 for service activities viz. 1) Bpo- International call centre, Back Office services. IT services - software + Internet Marketing services. 2) Services: - i) Data center services ii) web hosting iii) cloud computing. The unit has commenced its export activities w.e.f. LS/04/2008 and LoA of the unit is valid up to 74/06/2018. It was informed to the Approvar committee that unit has made exports worth Rs. s444.72 Lakhs and achieved NFE earnings worth Rs. so76.3s Lakhs during previous block offive years. It was further informed that unit has rendered services worth Rs. 1081s.16 Lakhs in DTA against payment in INR. As per section z(zl(iii) of sEZ Act 2005, ,.services means such tradable services which earn foreign exchange". Hence, the above sales are not as per sEZ Aa/Rules and value of Rs. 10g15.06 Lakhs had to be against free foreign exchange but the unit has received payments in INR. shri Munish Mahajan and shri Shailendra shukla, authorized representatives of the company appeared before the Approval committee.

inst free foreign exchange but the unit has received payments in INR. shri Munish Mahajan and shri Shailendra shukla, authorized representatives of the company appeared before the Approval committee. It was informed by them that their LoA is valid upto 74/06/2018 and they have already compreted aI the documentation required for LoA renewar. on being asked about the sale of services in DTA, they informed that their finance team deals with the subject and they will check the status with them and inform accordingry. It was informed to them that in terms of section 2 (z) [iii) of the sEZ Act, 2005, services means such tradabre services which earn foreign exchange. In case the unit has rendered services in DTA against INR, the same is violation of the said section ofthe SEZ AcL It was also informed to Shri Mahajan that as per section 11(aJ of the Foreign Trade (Development & Regulation) Act, there is a provision to settre the cases where a person admits any contravention. The Approval committee gave him the option to settle the matteras persection 11(4) ofthe FT(D&R) Act,rgg2 forviolation ofsEZAcrand Rules by imposing penalty to regularize authorized operation. The representatives informed that they will bring the above aspect of the case in the notice of the promoters/appropriate

on ofsEZAcrand Rules by imposing penalty to regularize authorized operation. The representatives informed that they will bring the above aspect of the case in the notice of the promoters/appropriate

Noida Soecial Economic Zone (Mlnutes of Mecting oI ApprovalCommittee ot Noida SEZ hetd onOSlO,lZOfAl authority of their companyinETeqiEted for some time to take a decisionlnlh" miEui Hencg Approval Committee agreed for the next meeting. same and accordingly deferred the matter for During the discussions, it was also observed that rease rent ofapprox. Rs.13 Lakhs is also Ilng outstanding in respect ofSDF No. G-13 & 14. The Approval committee directed the unit representatives to clear the lease rent within a week. Shri Mahajan ensured to rook into the matter and deposit the lease rent at the earliest The Approval committee, after due deliberations, deferred the matter for the next meeting. However, on specific request of the representatives to further renew the LoA, it was decided to renew the LOA for one month only, subject to deposit ofrease rent by the unit and subject to condition that unit shail compry with Section 2(zJ(iii) of sEZ Act, 2005 and no further service in DTA shalr be rendered in INR. Approvar committee further directed the representative ofthe unit to appear before Approval committee arong with a documentary evidence ofdeposit oflease rent. Proposal in respect oru renewal of LOA. It was informed to the Approvar committee that M/s. GpL Exports Ltd. has been issued an LoA dated 06/03/2003 for Manufacturing & trading activities.

ease rent. Proposal in respect oru renewal of LOA. It was informed to the Approvar committee that M/s. GpL Exports Ltd. has been issued an LoA dated 06/03/2003 for Manufacturing & trading activities. The unit has commenced its export production w.e.f. 0t/0s/2003 and extended varidity of LoA is valid till 30/06/20L8. It was further informed that unit has made exports worth Rs. 4504.21 Lakhs and earned positive NFE earnings worth Rs. 31s0.83 Lakhs during previous brock of five years i.e. 20L3'L4 to 20L6-LZ. The Approvar committee observed that unit has made DTA sare worth Rs' 467 Lakhs against trading activities during previous brock offive years. It was further informed that the Approvar committee in its meeting held on or/oz/zot7 had decided that Trading wilr be alowed only for physical export to any other country, for supply to other units and Deveropers in the same or other sEZ or Eous, against freely convertible currenry. However, on request of the unir the Approvar committee alrowed the unit to clear existing stock (as on 07/02/2077) in DTA in freely convertible currency Pase7 of20

ainst freely convertible currenry. However, on request of the unir the Approvar committee alrowed the unit to clear existing stock (as on 07/02/2077) in DTA in freely convertible currency Pase7 of20

as permissible under Rule 53 28102/20L8 by the Approval committee held on 06/09/20L7 and further extended for three montrs by the Approvar committee herd on oz /03/zor,'). Thereafter, no DTA clearance for trading goods shall be allowed. shri Praveen Gupta and Shri Gurshan Kumar, authorized representatives of the company appeared before the Approvar committee. shri Gupta informed that all the trading stocks have been cleared now. It was further informed to them that trading is part of services as per Rule 76 0f sEZ Rules, 2006. Accordingly, in terms of section 2(z) of the sEZ Acg 2005, sale of trading goods which have been done in the DTA has to be only in free foreign exchange. unit has sold traded goods into DTA in INR which is a vioration of SEZ Act and Rures made thereunder. It was also informed to shri Gupta that as per section 11(4) of the Foreign Trade (Development & RegurationJ Act, there is a provision to settre the cases where a person admits any contravention. The Approvar committee gave him the option to settre the matter as per section 11(4) of the FT(D&R) Act, 7gg2 for vioration of sEz Act and Rures by imposing penalty to regurarize authorized operation.

he Approvar committee gave him the option to settre the matter as per section 11(4) of the FT(D&R) Act, 7gg2 for vioration of sEz Act and Rures by imposing penalty to regurarize authorized operation. Shri Gupta gave his consent to settre the case under section 11(4) of the Foreign Trade (Deveropment & Reguration) Act shri Gupta, however, requested for a minimum penalty. In the light of facts & circumstances of the case, DC, NsEz in discussion with members of the Approval committee imposed a penalty @ O.ro/oof the actual amount of trading sares done in INR by the unit in rerms of section 11(a) of FT[D&R) Act, 1992. since, the details of sales given by the unit and the detairs availabre with custom wing do not match; it was advised to the representatives to approach Dy. commissioner (customsJ, NSEZ to get the figures reconciled to arrive exact amount ofpenalty. After due deliberations, the approvar committee arso decided to renew the LOA for remaining period ofcurrent five years brock i.e. upto 30/04/2023, subject to the foilowing conditions:- ,d,

penalty. After due deliberations, the approvar committee arso decided to renew the LOA for remaining period ofcurrent five years brock i.e. upto 30/04/2023, subject to the foilowing conditions:- ,d,

Noida Soeclal Econgmic Zone (Minutes of Meetlng of Approllal Committee of Noida sEz held onO6lx6l2ot,Jl NoDTAsaleoftraffi Trading will be allowed only for physical export to any other country, for supply to other units and Deveropers in the same or other sEz or EoUs, against freely convertible currency. Unit will maintain separate area earmarked for manufacturing and trading activities and maintain separate records/accounts of NFE for manufacturing and trading activities. 4' NFE status for manufacturing activity and trading activity will be seen separatery. Proposal in .". operations in LOA. It was informed to the Approval committee that M/s. India Exports has been issued an LoA dated 06/70/zoo4 for Manufacturing of Artistic Furniture in wood and Metal, Misc. Interior Product & Accessories & Trading Activities. The unit has commenced its export production w.e .f . 06 / LO / ZOOS and LOA is valid till OS / LO / 2OZO. It was informed to the Approval committee that the unit has submitted a proposar for inclusion of Manufacturing of Misc. Interior products & accessories covered under HSN code Heading 730L,7308,7606,700g,7670,g404,9405 in its aurhorized operations. shri subodh chadha, authorized representative appeared before the Approvar committee. He informed that the unit is doing exports to us, Dubai, sweden, Engrand and other countries.

horized operations. shri subodh chadha, authorized representative appeared before the Approvar committee. He informed that the unit is doing exports to us, Dubai, sweden, Engrand and other countries. He further informed that currently approx. 250 emproyees are working in the unil He also informed that they procure wood for their product from locar market mainry from Guiarat' He also informed that they have one another unit in Greater Noida which is engaged into DTA sale. It was observed that As per ApR for the year 2076-17,foreign exchange of Rs.3.B2 Lakhs has been shown pending for realization as on 3t/03/2017. unit had earlier submitted copy of retter for write-off of Forex amount of Rs. 3.82 Lakhs submitted with the Authorized Dealer i.e' Bank of India, New Friends corony, New Delhi. However, copy of approval has not been given ti date. 0n being asked about the said pending foreign Paee 9 of20

Noida Special Economic ?one (Minutes o, MeetinS of Approval Committee of oida SEZ held onO6lO6lZOtal exchange, Shri Chadha Approval committee a owed the request of unit with the direction that necessary approval for write-off of forex amount is submitted within one month. The Approval committee, after due deliberations, approved the request of unit for inclusion of manufacturing of 'Misc.

necessary approval for write-off of forex amount is submitted within one month. The Approval committee, after due deliberations, approved the request of unit for inclusion of manufacturing of 'Misc. Interior products & accessories covered under HSN code Heading 73or,73oB,7606,T0og,z610,g4o4and 9405 in its authorized operations. The Approval committee further directed to monitor the aforesaid issue of foreign exchange realization. Proposal in respect toA" It was informed to the Approvar committee that M/s. cHL Ltd. has been issued an LoA dated L9 /06/2008 for pharmaceuticar Formulations. The unit is yet to commence its export production and LOA is valid till29 /04/20L9. It was informed that recentry the BoA in its meeting herd on 04d April 201g has extended the validity of LoA of M/s. cHL Ltd. and whire making request for extension unit has already informed BoA about this change of activity and based on its submissions including contract with Syscom, BOA has approved extension of LOA. It was informed that unit has requested for diversification of product rine from "Pharmaceutical Formulations,, to ,,Manufacturing of plastic Sheetsr/ Card body for GSM slM cards and smart card and packing material" since the machinery of pharmaceuticars products were found to be out of specification for the manufacturing of pharmaceuticars products as per the new GMp Norms, as already explained before BOA also. Shri Luv Malhotra, Director attended the meeting on behalf the company.

specification for the manufacturing of pharmaceuticars products as per the new GMp Norms, as already explained before BOA also. Shri Luv Malhotra, Director attended the meeting on behalf the company. He informed that'the LoA of unit has been extended upto 2g/04/201g and they have arso requested for diversification of authorized operation to undertake manufacturing of prastic Sheets/card body for GsM srM cards and smart card and packing materiar for supply to M/s. Syscom Corporation as per their agreement with them. The Approval committee, after due deriberations, approved the request of unit for Paee 10 of20

Paee 1l of20 (Mlnutes of Meeting of Approval Committee of Noida SEZ held o n O6lO6l2O1,il diversifi cation of authorized operati body for GSM SIM Cards and Smart Card and packing material. Proposal in respect "t r/ complete exit formalities. It was informed to the Approval committee that M/s. Thomson Digitar was issued an LoA dated 76/12/7987 for photo rype set films (positives/Negatives/cRC Bromides) sGML Files/Postscript Files/pDF Files/Effect Files on cDs or MOD or floppy disks or IoMEcA disks or Cartridges or Tapes. Graphic Files, Compressed Files (Zip etc.)/HTML Files/Audio & video Files in different format/ASCII Files/Typesetted Files (TEX, 3D) etc. The unit had commenced its export production w.e.f . 09/0r/1,9g9 and LoA was varid till 3L/03/2078. It was informed to the Approvar committee that the unit has opted to exit from SEZ scheme.

3D) etc. The unit had commenced its export production w.e.f . 09/0r/1,9g9 and LoA was varid till 3L/03/2078. It was informed to the Approvar committee that the unit has opted to exit from SEZ scheme. This office vide retter dated 26.03.2018 requested trem to complete exit formalities, so as to enable this office to consider issuance of final exit from sEZ scheme. Shri Mohan Bansal, authorized representative of the unit attended the meeting on behalf the company. He informed that the unit is in the process of exit from SEZ scheme. However, LoA has expired on 31.03.2018 and they need time upto october, 20r.8 to remove the scrap from the premises and complete the exit formalities. Shri Bansal further informed that their second unit shall continue its operations from plot No. i.29, NSEZ and the management has decided to obtain exit approval in respect offirst unit. The Approval committee, after due deliberations, decided to extend the validity of LOA upto 31.10.2018 with the direction to the unit to complete the exit formalities within the extended period. Proposal in respect of U7 It was informed to the Approval committee that M/s. Naimex has been issued an LoA dated, 22/08/2007 for Manufacturing of Geo Technical Investigation Instruments and construction Materials testing equipments & Trading Activities. The unit has commenced

aimex has been issued an LoA dated, 22/08/2007 for Manufacturing of Geo Technical Investigation Instruments and construction Materials testing equipments & Trading Activities. The unit has commenced

Noida Specia! Economic Zone (Minutes of Meefing of Approyel Committee of Nolda SEZ hetd on O6ll,6l2}tgl Paee 12 of20 its export production It was informed that recently the unit vide its letter dated 1,r/05/2o1g has executed Bond-cum-LUT. During examination of Bond-cum-LUT executed by the, it was observed that the said Bond-cum-LUT was signed by Mr. pranav Kapur and Mrs. vaneeta Kapur in the capacity ofpartners. However, as per records ava abre in this office, none of the above persons are partner in the unit. As per avairabre records in this office, shri Arvind verma and smt. Neena verma are partners in the firm. unit has never intimated this office about change in partners, which is violation of condition No. 14 of Bond-cum_LUT. It was further informed that during the earlier meeting of Approvar committee herd on 07 /03 /2018, Shri sudip chattopadhyay, authorized representative of the company appeared had informed that they have not done any trading activity during previous years and in 2017-18 they have made export oftrading goods worth Rs. 4-4.s Lakhs. However, later unit vide its letter dated 16/03/zoLg informed that that they have made trading exports worth Rs.561.92 Lakhs during the period berween .oog-roto 2014-15. Shri Sudip chattopadhyay, authorized representative appeared before the Approval committee.

that that they have made trading exports worth Rs.561.92 Lakhs during the period berween .oog-roto 2014-15. Shri Sudip chattopadhyay, authorized representative appeared before the Approval committee. He informed that their unit is engaged both in trading as we manufacturing of testing equipment. They are doing exports to African countries, uK usA and Arabian countries. He informed that both of the original partners have expired and their Iegal successors as per the will ofthe deceased paftners have taken charge ofpartnership firm. It was informed to him trrat in terms of condition no. 14 of Bond-cum-LUT, such changes are to be intimated forthwith. Shri chattopadhyay stated that as informed by his seniors, the intimation of change in partners was submifted in this office. The Approval committee, after due deliberations, warned the unit to be carefur in timery compliance with SEZ Act/Rules and deferred the proposal for its next meeting with a direction to the unit to submit a detailed write-up including comprete facts of the case for change in partners along with copy of intimation retter submitted to this office for consideration. The Approvar committee further directed the unit to submit detairs in respect of trading activities viz. expor! DTA sale and currency of payment received against trading sales etc. The representative ofthe unit requested for one month time for

nit to submit detairs in respect of trading activities viz. expor! DTA sale and currency of payment received against trading sales etc. The representative ofthe unit requested for one month time for

Noida Special Economic Zone (Minutes of Mceting of Approvat Commln€e of Notda SEZ h€ld on O6lO6lZOlSl submission of re a Proposal ot r/t approval of scheme of demerger by NCLT, It was informed to the Approval issued an LOA dated ZT/07/Z0OB Testing. The unit has commenced valid till 30/03/zoLg. Committee that M/s. QA Infotech pvl Ltd. has been for Computer Software Development and Software its export production w.e.f. 3L/03/2009 and LOA is It was further informed that the unit has submitted a request for change of name of the unit from "M/s. QA Infotech pvl Ltd." to "M/s.QA Infotech software services pv. Ltd.,, w'e'f' 1"t April 2018 pursuant to approvar of scheme of demerger by National company faw Tribunal on 09 /04 /Z}LB. smt' Anu Bali, smt Di,qya sharma and Shri Ankur chadha, authorized representatives of the unit appeared before the Approval committee. smt. Anu Bali informed that Hon,ble National company Law Tribunar(NCLT), Ahmadabad Bench on April og, zoT.approved the scheme of demerger fired in connection with demerger of Software business of M/s. QA Infotech PvL Ltd' Ltd. and transfer and vesting of Demerged undertaking to M/s. QA Infotech Software Services pvt. Ltd. w.e. f.Ol/04/2OlB. ::l:, informed that details of shareholding pattern prior to and after de-merger are as F Shareholding patrern of M/s. QA Infotech Pw.

/s. QA Infotech Software Services pvt. Ltd. w.e. f.Ol/04/2OlB. :*:l:, informed that details of shareholding pattern prior to and after de-merger are as F Shareholding patrern of M/s. QA Infotech Pw. Ltd.(existing unit) before de_ 5 as on 25 /L0 /2017 Name ofshareholder No. of shares held 7o ofshareholding

1. Shri Mukesh Sharmi 14,98,500 99.90/o
2. Shri KM. Sharma 1,500 0.70/o shareholding pattern of M/s. QA Infotech software services pvl merger i.e. as on ?.q, / 1 O l? n1 .7. e. as on 25 /70 /2O1zl Name ofshareholdei No. ofshares held % ofshareholding Y.r rruutctll rvf,. Lto. 9999 99.99o/o
3. Shri K.M. Sharma 1 O.0lo/o Ltd. before de- sh^areholdins gattern of I'r/s' QA Infotech software services pvt Ltd. after de- merger w.e.f. 0L / 0 4 / Z0 lB: 7o ofshareholding Paee 13 of20

Noida Specia! Economig Zone (Mlnutes ot Meetlng of Apprcyal Committe€ of Notda SEZ held o n OilIOGIZOLAI It was informed to the Approvar committee that the DOc vide Instruction No. 89 dated t7 /05/20L8 has issued guidelines regarding change in sharehording panern, name change ofSEZ Developer and SEZ Units which inter alia states as under: "S(ii) Re-organisation including Change of name, pattern, Dusiness transfer arrangements, court demergers, change in constitution of units loca change in shareholding approved mergers and mmittee in respect of llnits subject to the condition that the unit shan not opt out or exit out ofthe speciat Economic Zone and continues to operate as o going concern. AII tiabilities of the unitwill remain unchanged on such reorganization. 6.

ndition that the unit shan not opt out or exit out ofthe speciat Economic Zone and continues to operate as o going concern. AII tiabilities of the unitwill remain unchanged on such reorganization. 6. Such reorganization shall be subject to the following safeguards:- i) Seamless continuity of the SEZ activities with unaltered responsibilities and obligations for the altered entity; ii) Fulfilment of ail eligibility titeria applicable, including securiq/ clearances etc., by the altered entily and its constituents; iii) Applicability of and compliance with all Revenue / Company Allairs /SEBI etc. Acts/Rules which regulate Lssues like capital gains, equitlt change, transfer, taxabitity etc. iv) Full financial details relating to change in equity/merger, demerger, amalgamation or transfer in ownership etc. shall be furniihed immediately to Member (lT), CBDT, Department of Revenue and to th e j u r i sdi cti on a I A uth o rity. v) The Assessing Olficer shalt have the right to assess the taxability of the gainfloss arising out of the transfer of equity o, ^rig"r, demerger, omalgamation, transfer and ownerships etc. as may be appricobre and erigib ity for deduction under retevant sections ofthe Income Tax Acl 1961. vi) The appricant shal compry with rerevant state Government raws, including those relating to lease of lond, as applicable. vii) The unit shal furnish detaits of pAN and jurisdictionar ossessing olficer of the unit to CBDT." The Approval committee observed that arthough the sharehording of promoters is same

1. Shri Mukesh Sharma Paee 14 of20

rnish detaits of pAN and jurisdictionar ossessing olficer of the unit to CBDT." The Approval committee observed that arthough the sharehording of promoters is same

1. Shri Mukesh Sharma Paee 14 of20

Noida Special Econognic Zone (Mlnutes of Meetlnt of Approvat Commtttee of Noida SEZ held oo ff,lf,6l:z.,tSl Paee 15 of20 in both the companies i.e services Rrt Ltd., however pursuant to demerger the operations of SEZ unit now stands transferred from originar company "M/s. QA Infotech pvt. Ltd.,,to artogether a new entity "M/s. QA Infotech Software Services pvt Ltd.,,. The Approval committee after due deriberations, approved the proposar of unit for change of name from "M/s. QA Infotech pvt. Ltd." to "M/s. QA Infotech software services Pvt. Ltd." pursuant to approvar of scheme of demerger by National company raw Tribunar in terms of Instruction No. 89 dated rz /os/zoL} subject to payment of appricable transfer charges. Proposal in respect ot, authorized operations in LOA, It was informed to the Approval committee that M/s. Agra products pvt. Ltd. has been granted an LoA dated LB/03/zooz for Manufacturing & Export of Gold, Silver, Diamond fewellery (Plain & studded); fewellery of other materials viz rubber, wood, threads, Ieather, steel, any white and yelow metal with/without silver, gold, pratinum and palladium and Export of iewellery designin& prototyping and deveropment or any rerated seryices pertaining to jewellery industry. The unit has commenced its export activities w.e.f .

ld, pratinum and palladium and Export of iewellery designin& prototyping and deveropment or any rerated seryices pertaining to jewellery industry. The unit has commenced its export activities w.e.f . 0L / 08 / 2003 and LOA of the unit is valid up to 3t / 0Z / Z}tB. It was informed to the Approvar committee that unit has submitted a request for inclusion of manufacturing & export of silver wire, tubes, pipes, strips and otler under Chapter7l0692tO,7LO6gZgO and Silver Coins under Chapter 7118. smt Parul Gupta, authorized representative of the unit appeared before the Approvar committee. she informed that they have received orders for s ver wire, tubes, pipes, strips and other which are although, being intermediate product for their finished products, are manufactured by them. However, they have not specific permission for export of such items. she further stated that they have also received orders from canada, USA etc. for export of Silver Coins. It was informed to the Approvar committee that as per Doc retter dated 79 /22.02.2073, only following two activities with minimum varue addition by SEZ units engaged in

. for export of Silver Coins. It was informed to the Approvar committee that as per Doc retter dated 79 /22.02.2073, only following two activities with minimum varue addition by SEZ units engaged in

Paee 16 of20 (Minutes of Meeting of Approval Committee ot Noida SEZ hetd o n O6lO6l2OtBl manufacture and export of@d jEweiffire alloGdl It was also informed that earlier another jewellery unit viz. M/s. submitted a proposal to allow for manufacture and export of all Jewellery items under para 4.61 of HBOp, }}LS-ZO as under:_ M.D. Overseas had permissible Gem & This request of M/s. M.D. overseas was referred by NSEZ to Doc vide letter dated 25'05'2015. rn response to the aforesaid reference, DOc vide letter dated 11.0g.2015 had clarified that in view ofthe instructions issued vide Ietters dated 25.04.2013 and 19'07 '20L3, the request of M/s. M.D. Overseas Ltd. ailowing them the export of ,.Gold medallions & coins" and varue addition norms to be 2.0o/o for any jewelery/articres manufactured by fully mechanised process may not be accepted. Thus, as per DOc retter dated 11.0g.201s read with their earlier letters dated 25'04'20L3 & 79.07.2013 'nry two activities in the jewelrery sector indicated at [aJ and (b) are permined in SEZ. The Approval committee observed that from the reading of the instructions dated 25.04.20L3 and.

& 79.07.2013 'nry two activities in the jewelrery sector indicated at [aJ and (b) are permined in SEZ. The Approval committee observed that from the reading of the instructions dated 25.04.20L3 and. 19.02.20t3 and further crarification, it is crear that manufacturing of Gord Item of Export Mlnimum Value Addition Plain gold jewellery and articles ind o i inG IiE Mangalsutra containing gold and black beads/imitation stones, except in studded form of All types of studded g;tdlewAte,y;;d a.ticte. thereof Plain gold lewellery, Articles, -;a ornaments

• like Mangalsutra containing gold and black beads / imitation stonesl in studded form of All types of Studded gold 6.00/o (for those studded with coloured Gem stones) and, 7.0o/o (for those studded Any jewellery 7 artictei manrrfrcturea Uy fu Ily mechanised orocess Gold medallions & coins lexcludin[ioins of nature of leeal tender] Gold / silver 7 plaUnum finaings /- mountings manufactured by mechanised

Pase 17 of20 Noida Special Econoryric Zone {Minutes of MeetlnS of Approl,"dl Commlnee of Noida SEz held on O6l.,6l2,,fil Medallions, Co,nr " Articles/Medallions it is not crear whether export of these items are arowed from sEZ or not' Prima facie it appears that there is no restriction on manufacturing & export of sirver Articles/ Medallions /Coins. The Approvar committee also observed that para 4.60 0f HBop zor|-2ozoclearry states the wastage norms for Gord/pratinum/silver Jewelrery.

manufacturing & export of sirver Articles/ Medallions /Coins. The Approvar committee also observed that para 4.60 0f HBop zor|-2ozoclearry states the wastage norms for Gord/pratinum/silver Jewelrery. However, in para 4.61, minimum value addition norms have been prescribed onry in respect of Gold except para 4.61[eJ which states minimum value addition of 2.s o/o for Gord ,/ silver / platinum findings / mountings manufactured by mechanised process. Hence, a clarification is required in these cases. The Approval committeg after due deriberations, deferred the matter and directed to make a deta ed reference to the Department of commerce, Ministry of commerce & Industry to issue clarification on the following: (i) whether manufacturing & export of silver Meda,ions/Articles/coins can be allowed from SEZ or not? unit has requested for export of sirver wires, tubes, pipes, strips and other under 7706g210,7L06g2g0 and silver coins under 7118. [ii) If yes, what shourd be the varue addition in respect of the Sirver Medarions /Coins/ Articles (as mentioned in (i) aboveJ? (iii) whether DTA transactions wir be permitted for SEZ units transacting in silver particularly this unit also uses gold in manufacturing of jewellery? The Approval committee arso directed the unit to submit a detailed write-up incruding value addition detairs for each proposed items viz. sirver wirg tubes, pipes, strips and Silver coins, so that complete reference could be sent to Doc.

he unit to submit a detailed write-up incruding value addition detairs for each proposed items viz. sirver wirg tubes, pipes, strips and Silver coins, so that complete reference could be sent to Doc. unit requested one week time to submit the aforesaid documents to which Approval Committee agreed. Proposal in respect ot, NSEZ. It was informed to the Approval committee that the appricant has proposed to set up a new unit in NSEZ to undertake IT/rrES i.e. Recruitment process outsourcing Banking &

Noida Soecial Economic Zone (Mloutes of Meeting of Approtrdl Commlttee of Noida SEZ held o n 0610612018l Finance, In.ro ::":::1.: -^:rtytics, Digitat rransformation, yirtualization and cloud computin& 'q6er.srrr JuruLru,s company tor more than 450+ clients and have 15 sales offices across US and 3 coast to coast delivery centers in San Josg CA; Dallas, TX and New Brunswick, NJ with their grobar c.E in India, canada, Malaysia & Dubai. shri Goyal arso informed that their export turnover for the Iast year was Rs.14.54 crores from DTA unit' He further stated that in the beginning they have proposed an employrnent of 100 persons which wiu graduary increase with the growth in business. :::"j:::::, .oL.,*.: after due deliberations, approved the proposat of M/s. Net2Source consulting Ltd. for setting up a unit in NSEZ for IT/rrEs ,.".

u graduary increase with the growth in business. :::"j:::::, .oL.,*.: after due deliberations, approved the proposat of M/s. Net2Source consulting Ltd. for setting up a unit in NSEZ for IT/rrEs ,.". "..u,,rnJ Process 0utsourcing Banking & Finance, Insurance, oir & Gas, pharma and Life sciences, Healthcare' Terecommunication, Big Data & Anarytics, Digital Transformation, virtualization and cloud computing Infrastructure Management services, software & App Development' web & Mobile App Development and resting services subject to submission of pending documents. Infrastructure Management Services, Software & App Develop,,"nr, WuU U #;;;; Development and Testing Services with proiected exports of Rs. 1L700 Lakhs and NFE earnings worth Rs.1160g Lakhs over a period offive years. Shri Atur Goyar and shri Rajinder Garg authorized representatives of the company, appeared before the Approval committee to explain the proiect. Shri Goyal informed that M/s' Net2Source consurting Ltd. is a 10 years ord company. He further informed that they are a global workforce management sorutions company for more than 4s0+ cripnrc r-, Following case 2006 were arso praced before the Approval committee.

years ord company. He further informed that they are a global workforce management sorutions company for more than 4s0+ cripnrc r-, Following case 2006 were arso praced before the Approval committee. The unit wise decision of the Approval Commiftee are indicated below:_ (i) M/s' Taurus Engrobe Ltd' - The Approvar commiftee monitored the performance of the unit on the basis ofApRs up to 2076-77 and noted achievement of positive NFE by the unit (it) M/s' Nirmar overseas Ltd' - The Approvar commiftee monitored the performance ofthe unit on the basis ofApRs u p to 2016-77 and noted achievement of positive Paee 18 of20

Noida Special Ecgnomic Zone (Minutes o Meeting of ApprovalCommlttee of Noida SEZ held o n 061rn,12018l M/s' Nirmar overseas Ltd. ' The Approval committee monitored the performance of the unit on the basis of ApRs vp to 2076-,7 and noted achievement of positive NFE by the uniL Proposal ,o ""rO Renewal ofLOA. It was informed to the Approvar committee that M/s.

ed the performance of the unit on the basis of ApRs vp to 2076-,7 and noted achievement of positive NFE by the uniL Proposal ,o ""rO Renewal ofLOA. It was informed to the Approvar committee that M/s. Royar Exports has been granted an LoA dated L5/03/zooo for Manufacturing & Export of prain & studded Gold, s,ver, Platinum Jewelrery' The unit has commenced its exporr activities w.e.f.2g/03/2000 and LOA of the unit was valid up to 3L/03/2OLB. It was informed that Approvar committee in its meeting herd on 03/05/2017 had monitored the performance and extended the validity of LoA for one year upto 3l/03/2018 subject to condition rhat no further extension may be ailowed in case performance ofthe unit is not found to be satisfactory during the extended period. The Approvar committee observed that unit has made exports worth Rs. r..01 crores and Rs' 1'49 Crores during the year 20L6-1 7 &2017 -1.g respectively. The Approval committee also observed that rease rent amounting to Rs.2,23,238 /- (3 qtrs. Including interest) is currently outstanding against the unit Shri Prashan! authorized representative of the company appeared before the Approval committee. He informed that they have re-started manufacturing & export activities and have made 2-3 regurar exports during last year. He further informed that due to imposition of duty on jewelrery in Dubai, their export business has been affected.

anufacturing & export activities and have made 2-3 regurar exports during last year. He further informed that due to imposition of duty on jewelrery in Dubai, their export business has been affected. He further stated that they want to submit a request for incrusion of porished diamonds in their authorized operations, for which they have better business plan. shri Prashant arso stated that they have arready deposited the outstanding rease rent and lease rent of current quarter is outstanding onry. He ensured to check his records and clear entire outstanding lease ren! if any. Further on being asked about pending foreign exchange rearization amounting to Rs. 57.54 Lakhs. He informed that they have rearized Pase 19 of20

Noida Soecial Economic Zone (Mlnutes of Meetlng of ApprovalCommlttee of Noida SEZ held onO6lO6lZOfir) Paee20 of20 the same and will submit the d@ The Approval committee, after due deliberations, deferred the matter and directed the unit to submit their complete proposal for inclusion of additional authorized operations along with copies of proof of deposit oflease rent Meeting ended with a vote of thanks to the Chair. ,,,Mu,,,* fL Development Commissioner Development Commissioner