ft--' 68.1 Fresh cases for unit in Dahej -SEZ: MIs Trustin Tape Pvt Ltd.
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1 Minutes of 68th meeting of the Approval Committee for the multi-product Dahej-Special Economic Zone held on , at hours under the Chairpersonship of Smt. Lata Shukla, ITS, Development Commissioner, Dahej Special Economic Zone, in the Conference Room, of M/s. ONGC Petro Additions Ltd. (OPAL), Ground Floor, Omkara Building, Near Sai Chowkadi, Manjalpur, Vadodara Review/Confirmation of the Minutes of last meeting of the Approval Committee. As no comments/observation on the minutes of the 67 th meeting of the Approval Committee of the Dahej SEZ held on were received from any member, the same were confirmed. List of participants is annexed as Annexure-A Fresh cases for unit in Dahej -SEZ: MIs Trustin Tape Pvt Ltd. Shri Pratik Singh, Authorized person of the applicant company appeared before the committee, and gave a detailed presentation of their proposed project in Dahej-SEZ, (i) The proposal is for manufacture and export of Masking Adhesive Tape & Bopp Adhesive Tape, (ii) Total cost of the project is Rs.7685 lakhs and the project will generate employment for 174 persons, (iii) Total export for five years is projected at Rs lakhs with outgo of RsA lakhs, resulting in Net Foreign Exchange earnings of Rs lakhs in five year period. The Committee discussed the proposal in detail. The applicant has not submitted Income Tax returns of the Indian Director for the last three years. The Committee decided to approve the proposal in-principle. On receipt of IT returns the proposal will be approved. The approval will be subject the compliance of SEZ Act, 2005 and SEZ Rules, Item No Deferred cases for Dahej -SEZ:- NIL Item No MIs. Indofil Industries Limited., Dahej - SEZ - Request for broad banding of LoA. Shri Anil Gupta, Chief Manager, Accounts of the applicant company appeared before the Committee and explained their request to add product names as Fungicide and Insecticide for manufacture and export of Viz. 1) Tricyclazole- Fungicide (ITC (HS)- Code ) MT, 2) Myclobutanil- Fungicide (ITC (HS)- Code ) MT per month, 3) Metalaxyl - Fungicide (ITC (HS)- Code ) MT 4) Cymoxanil- Fungicide (ITC (HS)- Code ) MT, 5) Propergite- Fungicide (ITC (HS)- Code ) MT, 6) Dodine- Fungicide (ITC (HS)- Code ) - 50 MT, 7) Thiafluzamide- Fungicide (ITC (HS)- Code ) MT, 8) Hexaconazole- Fungicide (ITC (HS)- Code ) MT, 9) Propiconazole- Fungicide (ITC (HS)- Code ) MT, 10) Tebuconazole- Fungicide (ITC (HS)- Code ) - Page 1 of 6 ft--'
2 225 MT, 11 ) Difenconazole- Fungicide (ITC (HS)- Code ) - 57 MT, 12) Difenthuron- Insecticide (ITC (HS)- Code ) MT, 13) AsoxystrobinFungicide (ITC (HS)- Code ) - 10 MT. The committee after discussion approved the request for broad banding of LoA, subject to compliance of SEZ Act, 2005 and SEZ Rules, Item No MIs Astra Specialty Compounds India Pvt Ltd Bequest for permission of trading activity. Shri S.K. Chatrjee, Director of the applicant company appeared before the Committee and explained their request for grant of permission for trading activity. Mis. Astra Specialty Compounds Pvt Ltd have been issued Letter of Approval no. DAHEJSEZ/II/43/ASCIPLl dated for manufacturing activity & assured that manufacture will start by the end of this year positively. They have requested for the following items for trading viz. 1) White Masterbatch (ITC (HS)- Code I I PP ), 2) Compound Master Batch (ITC (HS)- Code ) MT, 3) PPA Master Batch (ITC (HS)- Code ), 4) Antiblock Master Batch (ITC (HS)- Code ), 5) Slip Additive Master Batch CITC (HS)Code ), 6) UV Additive Master Batch (ITC (HS)- Code ), 7) Black Master Batch CITC (HS)- Code ), 8) Antioxident Master Batch (ITC (HS)- Code ), 9) Antistatic Master Batch CITC (HS)- Code ), 10) UV Master Batch (ITC (HS)- Code / PP), 11 ) Filler Master Batch CITC (HS)- Code / / ). The committee after detailed discussion approved the request for trading activity in addition to manufacturing in their LoA. The approval is subject to the compliance of SEZ Act, 2005 and SEZ Rules, Further, the unit shall achieve positive Net Foreign Exchange separately for manufacturing and trading activity and shall submit APRs for both the activities separately. No DTA sales shall be allowed for the items approved for trading. Item No & Approval of list of services in respect of units in Dahej - SEZ. Shri D.K.Gupta, AGM & Rohit Shah, Representatives of the Tega Industries (SEZ) ltd, appeared before the Approval Committee and requested for approval of "Management or Business Consultant Service". He explained the request to the Approval Committee Members. After due deliberation the Committee approved the request for Management or Business Consultant Service. The representatives of the unit informed that Mis. PI Advisory Private Limited is their service provider. This approval is limited to Mis. PI Advisory Private Limited. The approval is further subject to the compliance of SEZ Act, 2005 and SEZ Rules, 2006 y Page 2 of 6
3 Item No Shri Sagar Gandhi, Manager & Mr. Nitin, representative of Godrej & Boyce Mfg.Co.Ltd., appeared before the Approval Committee and requested for the following services. 1. Business Auxiliary Services, 2. Management Consultancy Services, 3. Forward Contract Services. They explained the request to the Committee Members. After the due deliberation the Committee decided to defer the case for the above three service. The Committee decided to ask the unit to furnish detailed justification of these services for carrying out their authorized operations and submit the details of service providers. Item No MIs Anushakti Specialities, LLP - Request for Change of Name-mJr. Shri Chetan Gandhi, CA & Shri Kirit Shastri, of the applicant company appeared before the committee and explained their request for change of name upon Cessation of Partners & amalgamation of Mis. Anushakti Specialities LLP., into Mis. Aarti Industries Limited., which was sanctioned by the Hon'ble High Court of Mumbai vide its order dated 10th July, 2015 and the Hon'ble High Court of Gujarat at Ahmedabad vide its order dated 31st July, 2015 upon filing of the said Scheme to ROC. The aforesaid amalgamation became effective from September, The committee, after detailed discussion approved the request with direction to approach concerned Income-tax Authorities for their liabilities in respect of change of name from Mis. Anushakti Specialties LLP to Mis. Aarti Industries Limited. The unit will maintain separate accounts for SEZ unit and DTA unit and shall comply with all the rules and regulations of Department of RevenuelCompany Affairs/SEBI etc, in addition to the compliance of SEZ Act, 2005 and SEZ rules, ItemNo MIs Dahej SEZ Ltd. Application for permission of Sub-Contracting! Job Work as per rules 41(3) & 42 of SEZ Rules, Shri S.N.Patil, CEO, of the applicant company appeared before the Committee and explained the request for permission of Sub-Contractingl Job Work as per rules 41(3) & 42 of SEZ Rules, The committee took note of the request. Specified Officer will act in this matter in accordance with the SEZ Acts 2005 and SEZ Rules, J--- Page 3 of 6
4 ItemN Mis. Torrent Power Limited- Request of Mis. Torrent Power Ltd. (Co-Developer in Dahej SEZ) to consider the SEZ benefits of Rs Cr. Availed by it during the unit ~s to be treated as benefit to co-developer and permit the exit of TPL as unit. Mis. Torrent Power Ltd., (TPL) vide their letter dated have requested to treat TPL as a co-developer and allow exit of TPL as unit from Dahej-SEZ and cancel the LoA issued to them. Shri Sanjay Dalal, Executive Director and Shri Biren Shah, AGM of Mis Torrent Power Limited (TPL) appeared before the UAC to explain their request in person. Brief background of the case:- ~ Mis Torrent Power Limited was approved as a co-developer in the Multi product Dahej SEZ by the Ministry of Commerce, Government of India vide order no.f2/9/2003-epz dt.10/ for development of power infrastructure to carry out the authorized operations of power generation up to 1500 MW and necessary transmission and distribution network in Dahej SEZ. ~ Mis Torrent Power Limited obtained status as a Unit for Electricity Generation & Distribution, with capacity of 380 MW, within Dahej SEZ processing area vide LOA no. KASEZIDCOlDahej/III14/08-09 dated ~ Mis. TPL applied vide their letter no. Nil dated for request of M/s.TEL for their treatment as Co-developer only by allowing all the SEZ benefits availed by them as a unit till date to be treated as benefits availed by them as a Co-developer. ~ Issue TEL Eligibility Certificates as Co-developer in processing Area of Dahej SEZ, as per BoA's approval dated 10 th October ~ Treat TEL as co-developer only and allow TEL to exit as a unit and cancel LoA granted as unit. ~ To allow the benefits availed by TEL as unit to be treated as benefits availed by TEL as Co-developer. ~ Approve the enhancement of the capacity of Power Generation from 1500 MW to 1600 MW. The request was considered in 38 th Unit Approval Committee Meeting held on Following decision was taken by the UAC. ~ Mis. Torrent Energy Ltd., should submit a Board resolution regarding their withdrawal from Dahej SEZ as a unit and their treatment as a Co-developer only in future. ~ The committee directed that their request regarding the benefits availed by them as a unit till date to be treated as availed by them as Co-developer, may be referred to MinistrylBoA for consideration and approval. ~ The LoA issued to them as a unit would be cancelled once clarification is received from Ministry/BoA regarding treatment of benefits availed by them. ~ In supersession of previous certificates, they may be issued fresh Eligibility Certificate as Co-Developer alone, for availing various benefits and exemptions etc. as they are already approved as Co-Developer by BoA. ~ The Co-Developer has to fulfill other formalities l-: as per the new power guidelines. Page 4 of 6
5 As per the decision of UAC a reference was made to Department of Commerce on to obtain decision/orders. Department of Commerce, GoI, New Delhi vide letter F.2/ SEZ dated 9 th May, 2016 has conveyed that «The DGEP has intimated vide its a.m. dated that it has no objection to the proposal to treat the duty benefits availed by TEL as a unit as duty benefits availed by TEL, the Co-developer, -subject to condition that TEL should return all benefits availed on account of a&m along with interest. " Further, Department of Commerce has informed that the proposal for exit by the unit to be decided by the UAC of Dahej-SEZ as per the provisions of SEZ Act & Rules and the condition(s) stipulated by DGEP. As per the direction of Department of Commerce, the matter was discussed in the UAC. After detailed discussion the committee decided to permit the exit of TPL as a unit of Dahej SEZ subject to return of all benefits availed on account of O&M along with interest. The UAC directed the Specified Officer, Dahej SEZ to take necessary action in this regard. ltemn Mis Admark Poly coats Pvt. Ltd. Surrender of Letter of Approval Shri S N Patil, CEO of Dahej SEZ Ltd., informed that neither any work is done on the plot nor lease deed is executed. The Committee after discussion approved the request of the unit to surrender the LoA after obtaining no dues report from Specified Officer, Dahej SEZ., and conditions of the SEZ Rules, ltemno Mis Rockwood Lithium India Pvt. Ltd. Withdrawal of application made for exit and transfer of Unit under Rule 74A of SEZ Rules, 2006 Shri Siddhan Subramanian, Managing Director & Shri Ashwani Chalu,Uday Mehta, Consultant, Shashank Merchant, Director, of the applicant company appeared before the Committee and explained the matter. Mis. Rockwood Lithium India Pvt Ltd., have been issued Show Cause Notice dated for not achieving the Net Foreign Exchange Earnings, which is yet to be adjudicated. The Unit was asked to appear for Personal Hearing andlor submit their return submission to the Development Commissioner. The request of Mis. Rockwood Lithium India Pvt Ltd., for transfer of the unit to Mis. Hema Dyechem India Private Limited in terms of Rule 74 A will be considered by UAC. ( Lata Shukla) Chairperson of Approval Committee & Development Commissioner Dahej Special Economic Zone. Page 5 of 6
6 List of Participants 'of the Approval Committee meeting:- Annexure-A The f011owing were present:- Ol. Smt. Lata Shukla, ITS Chairperson Development Commissioner, Dahej Special Economic Zone. 02. Mrs. Manisha Saxena, IRS, Additional Representative of the Commissioner Commissioner C. Ex., Customs & Service C. Ex.,Customs & ST, Bharuch Tax, Vadodara- II 03. Shri Anil S Kanase, FfDO, Vadodara Nominee of the Jt. DGFT, Vadodara 04. Shri S.K.Madal Representative of the Commissioner of Income Tax, Vadodara 05. Shri B.P.Sangod, Member Manager, RM, DIC, Bharuch. 06. Shri V.K.Patel, Special Invitee Resident Officer, GPCB, Bharuch. 07 Shri S. N. Patil, CEO, Special Invitee - representing Dahej SEZ Ltd., Developer. Developer (DSL). Page 6 of 6
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