minutes of meeting held on 22-08-14

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Page 1 of 19 Noida Special Economic Zone (Minutes of Meeting of Approval Committee of Noida SEZ held on 22/08/2014 The meeting of the Approval Committee of Noida SEZ was held on 22/08/2014 at 11:00 AM in the Conference Hall of NSEZ, Noida. The meeting was chaired by Shri Sumeet Jerath, Development Commissioner, Noida SEZ. Following members were present: 1 Shri Amiya Chandra, Joint DGFT, 010 DGFT. 2 Shri Bharat B. Garg, Joint Commissioner, Income Tax, Noida 3 Shri Ramjilal Meena, Joint Commissioner, Customs. 4 Shri D.S. Yadav, AM, DIC, G.B. Nagar. Besides, Shri Rakesh Kumar, Oy. Development Commissioner, NSEZ, Shri Sharad Srivastava, Jt. Commissioner of Customs, NSEZ, Shri R.P. Verma, Asstt. Development Commissioner, NSEZ, Shri Bhuvan Yadav, AEE, U.P.P.C.B. Noida and Shri Anil Kumar Sharma, SDO, UPPCL also attended the meeting. GIST OF THE MEETING: 1. Ratification of Minutes of last meeting of the Approval Committee: The Approval Committee ratified the minutes of the last meeting held on 20103/2014. Decisions on Proposals: 2. Proposal of M/s. Classic Jewellers for setting up a Unit in NSEZ for manufacturing of Handcrafted/Machine made Gold / Silver/ Platinum Jewellery (Plain/Studded with Precious / Semi-precious / Synthetic Stones, Pearls & Diamonds). Nobody from the applicant firm turned up for the meeting. The Committee deferred the proposal with the directions to the applicant to submit a copy of agreement executed with I the buyer for supply of free of cost gold for manufacturing of jewellery. The Committee also I directed the applicant to submit revised projections along with details of calculation towards fulfilment of value addition norms in terms para 4A.2.1 of Handbook of Procedures (Vol. 1), as applicable, as per the following norms: SI.No. Item of export Minimum value addition (a) Plain gold jewellery and articles and ornaments 3% like Mangalsutra containing gold and black beadslimitation stones, except in studded form of jewellery. (b) All types of studded gold jewellery and articles 5% \ thereof. 3.. Proposal of M/s. P. Mittal Manufacturing Pvt. Ltd. for setting up a Unit in NSEZ for I ~ z>:

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Page 1 of 19Noida Special Economic Zone

(Minutes of Meeting of Approval Committee of Noida SEZheld on 22/08/2014

The meeting of the Approval Committee of Noida SEZ was held on 22/08/2014

at 11:00 AM in the Conference Hall of NSEZ, Noida. The meeting was chaired by

Shri Sumeet Jerath, Development Commissioner, Noida SEZ. Following members

were present:

1 Shri Amiya Chandra, Joint DGFT, 010 DGFT.

2 Shri Bharat B. Garg, Joint Commissioner, Income Tax, Noida

3 Shri Ramjilal Meena, Joint Commissioner, Customs.

4 Shri D.S. Yadav, AM, DIC, G.B. Nagar.

Besides, Shri Rakesh Kumar, Oy. Development Commissioner, NSEZ, Shri Sharad

Srivastava, Jt. Commissioner of Customs, NSEZ, Shri R.P. Verma, Asstt.

Development Commissioner, NSEZ, Shri Bhuvan Yadav, AEE, U.P.P.C.B. Noida and

Shri Anil Kumar Sharma, SDO, UPPCL also attended the meeting.

GIST OF THE MEETING:

1. Ratification of Minutes of last meeting of the Approval Committee:

The Approval Committee ratified the minutes of the last meeting held on 20103/2014.

Decisions on Proposals:

2. Proposal of M/s. Classic Jewellers for setting up a Unit in NSEZ for manufacturing of

Handcrafted/Machine made Gold / Silver/ Platinum Jewellery (Plain/Studded with

Precious / Semi-precious / Synthetic Stones, Pearls & Diamonds).

Nobody from the applicant firm turned up for the meeting. The Committee deferred the

proposal with the directions to the applicant to submit a copy of agreement executed with I

the buyer for supply of free of cost gold for manufacturing of jewellery. The Committee also Idirected the applicant to submit revised projections along with details of calculation towards

fulfilment of value addition norms in terms para 4A.2.1 of Handbook of Procedures (Vol. 1),

as applicable, as per the following norms:

SI.No. Item of export Minimum value addition(a) Plain gold jewellery and articles and ornaments 3%

like Mangalsutra containing gold and blackbeadslimitation stones, except in studded form ofjewellery.

(b) All types of studded gold jewellery and articles 5%\ thereof.

3.. Proposal of M/s. P. Mittal Manufacturing Pvt. Ltd. for setting up a Unit in NSEZ for I

~ z>:

(Minutes of Meeting of Approval Committee of Naida SEZ held on 22/08/2014

6. Proposal of Mis. Shree Raj Mahal Jewellers Ltd. for setting up a Unit in NSEZ for

manufacturing of Handcrafted/Machine made Gold/Silver Jewellery Plain/ Studded with

Precious/ Semi Precious/Synthetic Stones, Pearls & Diamonds.

Noida Special Economic ZonePage 2 of 19

Manufacturing of Oil Drilling Equipments, Machines, Tools, Parts and Accessories (as per

details in agenda note).

The Approval Committee discussed the agenda note at length and decided to approve the

proposal for the following activities:

Manufacturing of Oil Drilling Equipments, Machines, Tools, Parts and Accessories:

1. Casing pipe work fast make up connectors (1500 nos/PA)2. Fast make up connectors (1000 nos/PA)3. Tubing Retrievable Gas Lift Valve (2000 Nos/PA)4. Down Hole tools (200 Nos/PA)5. Wire Line Winch (06 Nos/PA)

4. Proposal of Mis. Impetus lrifotech (India) Pvt. Ltd. for setting up a Unit in NSEZ for

Information Technology Services such as Software Development, Test Engineering

and R&D Consulting.

The Committee deliberated on the agenda note and decided to approve the proposal for

undertaking activities i.e. Information Technology Services such as Software Development,

Test Engineering and R&D Consulting.

Further, the Joint Commissioner of Income Tax, Noida informed the Committee Members

that there was some income tax assessment related case pending in respect of the

company. The Committee, therefore, directed the applicant to produce assessment order

issued by the Income Tax Department.

5. Proposal of Mis. Q2A Services Pvt. Ltd. for setting up a Unit in NSEZ for Ad

Designing, Magazine and Directory page layout design, Proof readinq services and

Marketing material design.

No one turned up for the meeting. Therefore, the Committee decided to defer the proposal

for its next meeting.

The applicant told the Committee that they will not undertake any sub-contracting. The

Committee deferred the proposal with the directions to the applicant to submit a declaration

If IAo the effect that no sub-contracting shall be undertaken by them. The Committee alsoII.. .dIl""/

- Noida Special Economic ZonePage 3 of 19

{Minutes of Meeting of Approval Committee of Noida SEZ held on 22/08/2014

directed the applicant to submit a copy of agreement executed with the buyer for supply of

free of cost gold. Besides, the Committee also asked the applicant to submit revised

projections along with details of calculation towards fulfilment of value addition norms in

terms para 4A.2.1 of Handbook of Procedures (Vol. 1), as applicable, as per the following

norms:

SI.No. Item of export Minimum value addition(a) Plain gold jewellery and articles and ornaments 3%

like Mangalsutra containing gold and blackbeads/imitation stones, except in studded form ofjewellery.

(b) All types of studded gold jewellery and articles 5%thereof.

7. Proposal of MIs. Goel Exim (I) Pvt. Ltd. for setting up a Unit in NSEZ for

handcrafted/Machine made Gold/Silver Jewellery Plain/Studded with Precious/Semi

Precious /Synthetic Stones, Pearls & Diamonds.

The Committee deferred the proposal with the directions to the applicant to submit a copy of

agreement executed with the buyer for supply of free of cost gold for manufacturing of

jewellery. The Committee also directed the applicant to submit revised projections along

with details of calculation towards fulfilment of value addition norms in terms para 4A.2.1 of

Handbook of Procedures (Vol. 1), as applicable, as per the following norms:

SI.No. Item of export Minimum value addition(a) Plain gold jewellery and articles and ornaments 3%

like Mangalsutra containing gold and blackbeads/imitation stones, except in studded form ofjewellery.

(b) All types of studded gold jewellery and articles 5%thereof.

8. I Proposal of MIs. Daiwik Exports for setting up a Unit in NSEZ for Handcrafted/Machine

made Gold Jewellery (Plain/Studded with Precious/Semi Precious /Synthetic Stones, Pearls

& Diamonds).

The Committee deferred the proposal with the directions to the applicant to submit a copy of

agreement executed with the buyer for supply of free of cost gold for manufacturing of

jewellery. The Committee also directed the applicant to submit revised projections along

with details of calculation towards fulfilment of value addition norms in terms para 4A.2.1 of

Handbook of Procedures (Vol. 1), as applicable, as per the following norms:

SI.No. Item of export Minimum value addition(a) Plain gold jewellery and articles and ornaments 3%

r Ii- like Manqalsutra containinc cold and blacklJJJj.

(Minutes of Meeting of Approval Committee of Naida SEZ held on 22/08/2014

Noida Special Economic ZonePage 4 of 19

beads/imitation stones, except in studded form ofjewellery.

(b) All types of studded gold jewellery and articles 5%thereof.

9. Proposal of MIs. Oeepak Care Ltd. for setting up a Unit in NSEZ for Trading in Hospital

Goods, Medical Goods, Medicines.

The Committee deliberated on the proposal in detail and decided to approve the same for

undertaking activities relating to Trading in Hospital Goods and Medical Goods. The

Committee, however, did not allow trading in Medicines. The approval is subject to the

condition that necessary applicable approvals such as SCOMET licence for SCOMET items

from the DGFT; Licence from the Drug Controller and NOC from the Narcotics

Commissioner & D.G.H.S. shall be obtained to ensure necessary compliances with

statutory provisions.

10. Proposal of MIs. Encore Crafts for setting up a unit in NSEZ for Items of handicrafts

made of paper, paper board, cloth, fabric, fibre, with or without electrical fittings like

cord, holders, switch, lamps. Items of home decore and furnishings like bed sheet,

pillows, covers, curtains hangings etc.

Nobody from the applicant firm appeared before the Approval Committee. The Committee

deferred the proposal with the directions to the applicant to submit the details of GSM of

paper and classification of items along with complete manufacturing process detailing as to

how applicant will manage with only 9 employees, as proposed in the project report.

11. Proposal of MIs. Parisian Parfum Pvt. Ltd. for setting up a Unit in NSEZ for

Manufacturing of (a) EAU DE Perfume, EAU DE Toilette, Body Lotion, Perfume Body

Spray, Perfume Shower Gel, Room Freshner. (b) Perfume Gift set contain Perfume, Lotion,

Fragrance, Gel and other items related thereto (c) Other color cosmetics items.

The Committee discussed the proposal in detail and observed that there is some dispute

between M/s Alcome Perfumes & Cosmetics Pvt. Ltd. and SIDBI in respect of plot No. 59-

J(A). Therefore, the Committee decided to defer the proposal till settlement of said dispute.

12. Proposal of MIs. Centradrill Services LLP for setting up a Unit in NSEZ for

Manufacturing of Steel clamps and collers.

The representative informed the Committee that there will be no imported raw material for

It. (' manufacturing of proposed activities. The Committee, after due deliberations, approved the

L~

(Minutes of Meeting of Approval Committee of Noida SEZ held on 22/08/2014

Noida Special Economic ZonePage 5 of 19

proposal.

13. Proposal of MIs. Saksham Trade for setting up a Unit in NSEZ for CR Steel, Silicon

Steel, Carbon Steel and Color Coated Steel.

While discussing the proposal, the Joint Commissioner, Customs informed that in the

instant case duty on raw material and scrap is the same. The Committee, after due

deliberations, approved the proposal subject to condition that 100% physical export shall be

carried out by the unit and no sub-contracting would be allowed to it.

14. Proposal of MIs. SG Software Pvt. Ltd. for setting up a Unit in NSEZ for Software

Development.

The Committee discussed the proposal and decided to approve the same. The Committee

further advised the applicant to submit details of software which they intend to develop.

LOA to be issued on receipt of such details.

15. Proposal of MIs. Maya Crafts Pvt. Ltd. for setting up a Unit in NSEZ for Plain &

Studded Gold Jewellery.

The promoter of the applicant company could not turn up for the meeting as per email

received. The Committee deferred the proposal with the directions to the applicant to submit

a copy of agreement executed with the buyer for supply of free of cost gold for

manufacturing of jewellery. The Committee also directed the applicant to submit revised

projections along with details of calculation towards fulfilment of value addition norms in

terms para 4A.2.1 of Handbook of Procedures (Vol. 1), as applicable, as per the following

norms:

SI.No. Item of export Minimum value addition(a) Plain gold jewellery and articles and ornaments 3%

like Mangalsutra containing gold and blackbeads/imitation stones, except in studded form ofjewellery.

(b) All types of studded gold jewellery and articles 5%thereof.

16. Proposal of MIs. Divya Creations for setting up a second Unit in NSEZ for

Manufacturing of Gold Jewellery plain & studded with diamonds, precious, semi

precious & CZ stones; and Silver Jewellery plain & studded with diamonds, precious,

semi precious & CZ stones.f" 1. __

(Minutes of Meeting of Approval Committee of Noida SEZheld on 22/08/2014

19. Proposal of M/s. K.K. Exports for setting up a new Unit in NSEZ for Manufacturing of

Hair Dye and Henna Hair Colour. Trading of Kohl, Gulab Jal and Herbal Handmade

Soap.

,.! The Committee discussed the proposal and decided to approve the same subject to 100%\U \ J

":'

Noida Special Economic ZonePage 6 of19

The Committee, after due deliberations, approved the proposal for Manufacturing of (a)

Gold Jewellery plain & studded with diamonds, precious, semi precious & CZ stones; (b)

Silver Jewellery plain & studded with diamonds, precious, semi precious & CZ stones.

17. Proposal of M/s. Ved & Sons Products Pvt. Ltd. for setting up a new Unit in NSEZ for

Manufacturing/Assembling/Trading of Leather Goods, Bags, Holsters; Decorative &

Ceremonial Helmets, Knives, Swords, Daggers, Shield and Armor; and Toy Guns.

The Committee discussed the proposal in detail and decided to approve the same subject

to verification of veracity of declaration that the promoters of applicant company have no

relationship with M/s Windlass Steel Craft.

18. Proposal of M/s. Technix Electronics Pvt. Ltd. for setting up a Unit in NSEZ for

Refurbishing Services.

The Committee discussed the agenda note in detail and after due deliberations approved

the proposal for the following authorised operations:

Refurbishing Services in following items:

1. Laptops

2. Hard Drives

3. Mobiles

4. Electronic Toys

5. Tablet PC

6. LCD/LED

7. Cables

8. Computer Peripherals

9. Computer Accessories

The approval is subject to 100% export and further condition that exports shall have one to

one correlation with imports and all the reconditioned or repaired or reengineered products

and scrap or remnants or waste shall be exported and none of these goods shall be allowed

to be sold in the Domestic Tariff Area or destroyed.

(Minutes of Meeting of Approval Committee of Naida SEZheld on 22/08/2014

Noida Special Economic ZonePage 7 of 19

export and submission of declaration that they will ensure strict compliance with pollution

control norms while undertaking the approved activities.

20. Proposal of M/s. KPIT Technologies Ltd. for setting up a new Unit in NSEZ for IT

Enabled Services, I.T. Software Development, maintenance, Consultancy, Testing,

Business Process Outsourcing, etc.

The Committee discussed the proposal and decided to approve the same. The Committee

further advised the applicant to submit comprehensible specific details of activities to be

carried out under the proposed operations. LOA to be issued on receipt of such details.

21. Proposal of M/s. J M D Overseas for setting up a Unit in NSEZ for

Handcrafted/Machine made Gold Jewellery Plain/Studded with Precious/Semi

Precious /Synthetic Stones, Pearls & Diamonds.

The Committee deferred the proposal with the directions to the applicant to submit a copy of

agreement executed with the buyer for supply of free of cost gold for manufacturing of

jewellery. The Committee also directed the applicant to submit revised projections along

with details of calculation towards fulfilment of value addition norms in terms para 4A.2.1 of

Handbook of Procedures (Vol. 1), as applicable, as per the following norms:

SI.No. Item of export Minimum value addition(a) Plain gold jewellery and articles and ornaments 3%

like Mangalsutra containing gold and blackbeads/imitation stones, except in studded form ofiewellerv.

(b) All types of studded gold jewellery and articles 5%thereof.

22. Appeal of M/s. Garmex India, a unit in NSEZ against order dated 28/01/2014 of the

Approval Committee held on 20/01/2014.

The Committee discussed the matter and decided to obtain legal opinion in the matter from

the nominated Legal firm. The Committee further directed that on receipt of the legal

opinion, a speaking order, duly legally vetted, shall be issued.

23. Appeal of M/s. Sterling Flatware Ltd., a unit in NSEZ against order dated 27/01/2014 of

the Approval Committee held on 20/01/2014.

The Committee discussed the matter and decided to obtain legal opinion in the matter from

i r ~: nominated Legal firm. The Committee further directed that on receipt of the legalH J l J1_

?

(Minutes of Meeting of Approval Committee of Noida SEZ held on 22/08/2014

Noida Special Economic ZonePage 8 of 19

26. Proposal in respect of MIS VISHWAAS for Personal Hearing for adjudication of SCN.

I 27. Proposal in respect of MIs Jayshree Gems & Jewellery for renewal of LOA for next

five years in terms of rule 19(6) of SEZ Rules'06.

On specific query, the representative of the unit informed the Committee that he could not

complete the exit formalities because unit was not given allowed uls 10AA of the Income

Tax Act, 1961 which was finally allowed by the Hon'ble High Court. He requested for

.r. IT\revocation of 'in principle' exit approval dt. 14/06/2011 and renewal of LOA.

opinion, a speaking order, duly legally vetted, shall be issued.

24. Proposal in respect of MIs. Radha Jewellery Pvt. Ltd. for Change of Directors and

monitoring of performance in terms of Rule 54 of SEZ Rules, 2006..

The Committee considered the proposal and took note of change of directors of the

company. The Committee also monitored the performance of the unit on the basis of APRs

and noted achievement of positive NFE by the unit during first five year block i.e. from

12/07/2007 to 11/07/2012 and as on 31/03/2013 and compliance with the terms and

conditions of LOA.

25. Proposal in respect of MIs India Craft-loom for Monitoring of performance in terms of

Rule 54 of SEZ Rules, 2006.

The Committee monitored the performance of the unit and expressed its displeasure on

non-performance of the unit. The Committee directed the unit to submit an affidavit to the

effect that it would made export worth Rs. 5.00 crore within the validity of its LOA i.e. up to

29/03/2015 failing which unit's LOA will. be cancelled and no further opportunity shall be

given to the unit.

The Committee discussed the agenda note containing inter alia reasons of issuance of SCN

dated 27/03/2012 and detailed reply filed by the unit. After due deliberations, the

Committee imposed a fiscal penalty of Rs. 1.00 lakh on the unit under the provisions of the

Foreign Trade (Development & Regulation) Act, 1992 for non-realization of NFE amount of

Rs. 0.21 lakhs and thus resulting in zero NFE during the period of its operation. The

Committee also cancelled the LOA dt. 10104/2008 issued to the unit. It was also decided by

the Committee to inform to the RBI regarding unrealized export proceeds. The Committee

empowered the DC, NSEZ to issue Adjudication Order as per decision above.

llJI \ .•""'?

Noida Special Economic ZonePage 9 of 19

(Minutes of Meeting of Approval Committee of Noida SEZheld on 22/08/2014

The Committee deferred the proposal with the directions to the unit to submit revised

projections giving details of calculation towards fulfilment of value addition norms in terms

para 4A.2.1 of Handbook of Procedures (Vol. 1), as applicable, as per the following norms:

SI.No. Item of export Minimum value addition(a) Plain gold jewellery and articles and ornaments 3%

like Mangalsutra containing gold and blackbeads/imitation stones, except in studded form ofiewellerv.

(b) All types of studded gold jewellery and articles 5%thereof.

The Committee also directed the unit to submit an undertaking to the effect that no transfer

of building on the allotted plot shall be sought by it if the LOA is renewed for another block

of five year ending on 31/03/2015.

28. Proposal in respect of Mis Mahalaxmi Jewel Exports for change in Constitution of

firm and monitoring of performance.

The Committee considered the proposal and took note of change of constitution of the

firm/unit. The Committee also monitored the performance of the unit on the basis of

submitted APRs and noted achievement of positive NFE by it as on 31/03/2013 and

compliance with the terms and conditions of LOA.

29. Proposal in respect of Mis United Drilling Tools Ltd. for inclusion of Additional items

as authorized operations in LOA

The Committee considered the proposal. After detailed discussion, the Committee

approved inclusion of additional items in LOA and accordingly allowed amended authorized

operations in respect of LOA dt. 17/03/2011 as under:

Manufacturing of:

Oil Drilling, Production and exploration equipments, Machines, Tools, Components and

Spares parts including Wire Line Winches, Tubing and Wire line Retrievable Gas Lift

Valves, Down Hole Tools, Fast make up connectors, Casing pipe with connectors, Truck

Mounted Winches (Winches to be mounted on truck)

Services:

\

1. Engineering Consultancy Services2. Research and Development Services3. Design, Graphic and information System Services4. Technical Support Services and Technical Field Services

r. I~.Market Research and Survey

(Minutes of Meeting of Approval Committee of Noida SEZ held on 22/08/2014

Noida Special Economic ZonePage 10 of 19

30. Proposal for Change of Entrepreneur (by way of transfer of assets of MIs Northern

Petroleum Co. to MIs Sahasra Electronics Pvt. Ltd.) under Rule 19(2) read with Rule

74A of SEZ Rules, 2006.

The Committee discussed the proposal and decided to renew the LOA of Mis Northern

Petroleum Co. The Committee further directed the unit to submit the shareholding details in

respect of both the units for further consideration of proposal.

The Committee also monitored the performance of Mis Northern Petroleum Co. on the

basis of submitted APRs and noted achievement of positive NFE as on 31/03/2013 and

compliance with the terms and conditions of LOA by it.

The Committee considered the proposal for expansion I enhancement in Production

r. hCapacity and approved the same. The Committee also monitored the performance of the\ UlAl_.......-/

31. Proposal for transfer of building at Plot No. 144 in favour of MIs GCS Impex (NSEZ).

The Committee discussed the proposal at length and after due deliberations decided to

defer the proposal for obtaining legal opinion in the matter from the nominated Legal firm

regarding transfer of building to Mis GCS Impex (NSEZ).

32. Proposal for Change of Entrepreneur (by way of transfer of assets of MIs Attar Mohd.

Saeed Dawood & Co. to MIs Attar Mohd. Saeed Dawood & Bros) under Rule 19(2)

read with Rule 74A of SEZ Rules, 2006.

The Committee, after due deliberations, approved the proposal of change of Entrepreneur

(by way of transfer of assets of Mis Attar Mohd. Saeed Dawood & Co. to Mis Attar Mohd.

Saeed Dawood & Bros) under Rule 19(2) read with Rule 74A of SEZ Rules, 2006 subject to

fulfilment of exit formalities by Mis Attar Mohd. Saeed Dawood & Co.; payment of applicable

transfer charges and submission of an undertaking by incoming entrepreneur regarding

taking over the assets & liabilities of existing unit.

The Committee also monitored the performance of Mis Attar Mohd. Saeed Dawood & Co.

on the basis of submitted APRs and noted achievement of positive NFE during previous five

year block i.e. from 01/04/2007 to 31/03/2012 and as on 31/0312013 and compliance with

the terms and conditions of LOA by it.

33. Proposal in respect of MIs Piezo Technology India Pvt. Ltd. for Expansion I

Enhancement in Production Capacity.

(Minutes of Meeting of Approval Committee of Naida SEZ held on 22/08/2014

Naida Special Economic ZonePage 11 of 19

unit on the basis of submitted APRs and noted achievement of positive NFE as on

31/03/2013 and compliance with the terms and conditions of LOA by it.

34. Proposal for Personal Hearing to MIs Jagat Industrial Resources Ltd. for adjudication

of SCN dated 15/12/2011

The Committee reviewed the case and after due deliberations gave three weeks' time to the

unit to complete remaining exit formalities failing which further action for cancellation of LOA

and eviction proceedings shall be initiated against the unit.

35. Proposal in respect of MIs 8ackbay Clothing for renewal of LOA for next five years

and monitoring of performance.

The Committee discussed the case and also monitored the performance. After due

deliberations the Committee decided not to extend the LOA; and directed the Estate

Management, NSEZ to initiate action under the P.P. Act for eviction of unauthorized

occupancy. The Committee further empowered the DC to adjudicate the SCN dt.

12/12/2012 accordingly.

\ The Committee also monitored the performance of the unit on the basis of submitted APRs

and noted achievement of positive NFE as on 31/03/2013 and compliance with the termsI t I 1\

[\14 LAI~

36. Proposal in respect of MIs. GPL Exports Ltd for amendment in LOA

The Committee considered the proposal and approved the amendment In LOA as

requested by the unit.

The Committee also monitored the performance of the unit on the basis of submitted APRs

and noted achievement of positive NFE as on 31/03/2013 and compliance with the terms

and conditions of LOA by it.

37. Proposal in respect of MIs Herbul Henna Export House for Inclusion of trading

activities as authorized operation in LOA

The Committee considered the proposal and approved the amendment in LOA as

requested by the unit except that 'grains' shall be replaced with 'flour'. The approval is .

subject to condition that the unit will ensure strict compliance with the guidelines issuedlto

be issued by DGFT from time to time in this regard.

(Minutes of Meeting of Approval Committee of Naida SEZ held on 22/08/2014

Noida Special Economic ZonePage 12 of 19

42. Proposal in respect of M/s Pertech Exports Pvt. Ltd. for monitoring of

performance/compliance and consideration of renewal of LOA

I

and conditions of LOA by it.

38. Proposal in respect of M/s Cyber Futuristics India Pvt. Ltd. for Inclusion of Additiona

Services as authorized operation in LOA and monitoring of performance

The Committee considered the proposal and approved inclusion of additional services in the

LOA as requested by the unit.

The Committee also monitored the performance of the unit on the basis of submitted APRs

and noted achievement of positive NFE as on 31/03/2013 and compliance with the terms

and conditions of LOA by it.

39. Proposal in respect of M/s. Bullet International for extension for completion of exit

formalities/monitoring of performance

The Committee considered the request of the unit and allowed extension for compliance

with exit formalities up to October, 2014 in respect of both LOAs failing which further action

inter alia eviction proceedings shall be initiated against the units.

40. Proposal of M/s Moser Baer India Ltd. for withdrawal of in-principle exit approval from

SEZ and Renewal of LOA for Diversification to LED Manufacturing Business.

In respect of LOA of 2008 the Committee directed the unit to complete the exit formalities

within next three months.

In respect of LOA of 1990, the Committee deferred the proposal with the directions to the

unit to submit revised projections with concrete proposal for further consideration.

41. Proposal in respect of M/s Furniture for USA for monitoring of

performance/necessary directions

The Committee deferred the case with the directions to the unit to submit revised

projections with credible business plan & objective targets within 15 days for further review.

The Committee monitored the performance of the unit on the basis of submitted APRs and

noted achievement of positive NFE as on 31/03/2013 and compliance with the terms and

conditions of LOA by it.I r f\

43.

(Minutes of Meeting of Approval Committee of Noida SEZ held on 22/08/2014

r "The Committee discussed the proposal in detail and decided to extend the LOA for five

JJ-t A~

Noida Special Economic ZonePage 13 of 19

The Committee further considered the proposal for LOA extension and after detailed

discussions decided to extend the LOA for five years i.e. up to 05/08/2017 subject to the

following conditions:

i) 100% physical export shall be carried out by the unit.ii) Unit/promoters shall ensure that penalty of Rs. 4.40 lakhs previously imposed on

their another unit Mis NEK Electronics Ltd. is deposited.iii) Unit shall give credible business plan & objective targets for further review.

Proposal of Mis Interactivity Broadband Telecommunication Pvt. Ltd. for monitoring

of performance, Hearing for adjudication of SCN and Renewal & Amendment of LOA.

The Committee considered and decided to extend the LOA for five years i.e. up to

24/03/2018 for undertaking existing authorised operations.

The Committee further decided to defer the proposal for adjudication of SCN with the

directions to the unit to submit business planltechnical write up for past/proposed business

activities in a comprehensible manner and on receipt of reply from the unit the matter

regarding non filing of softex by the unit shall be referred to the RBI for clarification. Further

action for amendment of LOA and adjudication of SCN shall be taken on receipt of

clarification from the RBI.

44. Proposal of Mis. Electro Optic Systems Division (Unit - II) [A division of Mis. Optic

Electronic India Pvt. Ltd.] for change of name of unit & Amendment in LOA

The Committee considered and decided to take note of change of name of unit from Mis.

Electro Optic Systems Division (Unit - II) [A division of Mis. Optic Electronic India Pvt. Ltd.]

to Mis Optic Electronic India Pvt. Ltd. For proposal for amendment in LOA, the Committee

decided to refer the matter to BOA in view of initial approval being from the BOA.

The Committee also monitored the performance of the unit on the basis of submitted APRs

and noted achievement of positive NFE as on 31/03/2013 and compliance with the terms

and conditions of LOA by it.

45. Proposal in respect of Mis iGATE Computer Systems Ltd. for review of compliance

with terms & conditions of change of entrepreneur; monitoring of performance;

proposal for LOA renewal and merger of Mis iGate Computer Systems Ltd. with

iGATE Global Solutions Ltd.

'Ie

(Minutes of Meeting of Approval Committee of Naida SEZ held on 22/08/2014

47. Proposal in respect of M/s Virtual Studio Pvt. Ltd. for Hearing for adjudication of SCN

on commencing export prior to execution/acceptance of Bond-cum-LUT; taking note

of DCP & monitoring of performance.

48. Proposal of M/s Virtual Employee Pvt. Ltd. for expansion of project / requirement of

additional space

49. Proposal in respect of M/s. Rohtan ITS India Pvt. Ltd. for change of

name/shareholding and monitoring of performance.

1\The Committee discussed the proposal and took note of change of namelshareholding of

,. A

Noida Special Economic ZonePage 14 of 19

years i.e. up to 18/06/2018. The Committee also decided to take the merger of Mis iGATE

Computer Systems Ltd. with iGATE Global Solutions Ltd. on records subject to compliance

with usual conditions as may be intimated to the unit by Project/Estate Section, NSEZ

respectively.

The Committee also monitored the performance of the unit on the basis of submitted APRs

and noted achievement of positive NFE as on 31/03/2013 and compliance with the terms

and conditions of LOA by it.

46. Proposal in respect of M/s Mohan Gems & Jewels Pvt. Ltd. for Monitoring of

performance and Enhancement of production capacity.

The Committee approved the enhancement of production capacity, as proposed, subject to

condition that the unit will provide copy of agreement executed with the buyer for supply of

free of cost gold for manufacturing of jewellery. The Committee was also informed by the

unit representative that they will not carry out any sub contracting outside the zone.

The Committee further monitored the performance of the unit on the basis of submitted

APRs and noted achievement of positive NFE as on 31/03/2014 and compliance with the

terms and conditions of LOA by it.

No one turned up for the meeting. The Committee decided to defer the matter with the

directions to issue a final notice to the unit to ensure its appearance before the Committee

in its next meeting.

The Committee considered the proposal and approved the same.

(Minutes of Meeting of Approval Committee of Noida SEZheld on 22/08/2014

Ir ~he Committee discussed the agenda note in detail and also monitored the performance of

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Naida Special Economic ZonePage 15 of 19

the company subject to compliance with usual conditions as may be intimated to the unit by

Project/Estate Section, NSEZ respectively.

The Committee also monitored the performance of the unit on the basis of submitted APRs

and noted achievement of positive NFE as on 31/03/2013 and compliance with the terms

and conditions of LOA by it.

50. Proposal in respect of M/s ACPL Products Pvt. Ltd. for change of name of company;

Monitoring of Performance and compliance with UPPCB norms.

The Committee discussed the proposal and took note of change of name of company from

ACPL Products Pvt. Ltd. to Agra Products Pvt. Ltd. subject to usual terms and conditions as

may be intimated to the unit by Project/Estate Section, NSEZ respectively.

The Committee also monitored the performance of the unit on the basis of submitted APRs

and noted achievement of positive NFE by it during five year block i.e. from 01/08/2008 to

31/07/2013 and as on 31/03/2014. The Committee however directed the unit to obtain

within one month the requisite extension from the RBI in respect of pending unrealized

export proceeds and submit a copy of the same to 010 DC, NSEZ for further review.

The Committee also discussed the matter regarding non-issuance of consent under the Air

and Water Act to the unit by the UPPCB, with the RO, UPPCB present in the meeting. The

Committee directed the R.O., UPPCB to look into the matter. He assured to revisit the unit

and sort out the matter early.

51. Proposal of M/s Sparta Infotech India Pvt. Ltd. for merger/amalgamation of into KPIT

Technologies Ltd.lChange of name; and monitoring of performance.

The Committee discussed the proposal and decided to take the mergerlamalgamation on

records. The Committee also monitored the performance of the unit on the basis of

submitted APRs and noted achievement of positive NFE by it during previous five year

block i.e. from 3010512008 to 29/05/2013 and as on 31/03/2014 and compliance with the

terms and conditions of LOA by it.

52. Proposal in respect of M/s JP Horology for Adjudication of SCN and consideration of.

LOA extension

lx:

(Minutes of Meeting of Approval Committee of Naida SEZheld on 22/08/2014

The Committee discussed the agenda and directed the Specified Officer, NSEZ to issue a

Ir. /r\show cause notice to the unit on the matter at the earliest. On receipt of findings from the

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Noida Special Economic ZonePage 16 of 19

the unit during previous block of five years i.e. from 01/04/2007 to 31/03/2012. The

Committee decided to approve extension of LOA for remaining 4~ years i.e. up to

31/03/2017 for the current block of five years. The extension is subject to 100% export and

clearance of all outstanding lease rental dues by the unit by 1st Sept, 2014. The Committee

further empowered the DC, NSEZ to issue adjudication order against the SCN accordingly.

53. Proposal of MIs Ajit Exports for LOA extension in terms of rule 19(6) of the SEZ

Rules, 2006.

The Committee deferred the proposal with the directions to obtain legal opinion from the

nominated legal firm on the matter of extension of LOA and place the case again before the

Committee on receipt of the legal opinion.

54. Proposal of MIs Jindal Exports & Imports Pvt. Ltd. for LOA extension in terms of rule

19(6) of the SEZ Rules, 2006.

The Committee deferred the case with the directions to the unit to submit revised

projections with credible business plan & objective targets for further monitoring and

decision on L9A extension.

55. Proposal of MIs M.D. Overseas Ltd. for LOA extension in terms of rule 19(6) of the

SEZ Rules, 2006.

The Committee deferred the case with the directions to the unit to submit revised

projections with credible business plan & objective targets for further monitoring and

decision on LOA extension/sharing permission.

56. Proposal of MIs Aksasia Creations Pvt. Ltd. (Unit-II) for extension of LOA in terms of

rule 19(4) of the SEZ Rules, 2006.

The Committee, after discussion, approved extension of LOA up to 02/07/2015 subject to

submission of revised projections with credible business plan & objective targets.

57. Proposal of MIs Sterling Ornaments Pvt. Ltd. for clearance of brass scrap

compressed into bricks, in OTA

[Minutes of Meeting of Approval Committee of Noida SEZ held on 22/08/2014

Noida Special Economic ZonePage 17 of 19

61. Proposal in respect of MIs Aar Ess Exim Pvt. Ltd. regarding submission of Utilisation

details & issuance of Form-Ir. 11,

S.O., case shall be placed before the Committee for further appropriate directions.

58. Proposal of MIs Nirmal Overseas Ltd. for Inclusion of trading items in LOA and

monitoring of performance.

No one turned up for the meeting. The Committee deferred the case for its next meeting.

59. Proposal of MIs Divya Creations for clarification on applicability of FORMF for Import

of used, unused, new, broken plain & studded jewellery for remaking

The Committee discussed the agenda and in view of the fact that since the authorised

operations already approved to the unit contain Remaking of Outdated/Old Jewellery hence

it was decided that submission of fresh FORM F is not required.

60. Proposal for Inclusion of additional services in the list of default services approved

by the Approval Committee in the meeting held on 26.09.2013 & 20.01.2014, in terms

of Notification No. 12/2013-ST dated 01.07.2013.

The Committee approved the following 06 more services as default authorised services in

terms of DOC letter no. D-12/19/2013-SEZ dated 19thJune, 2014 & subsequent letter dated

9thJuly, 2014 for the sake of uniformity across all SEZs:

(i) Air Travel Agent Services(ii) Rail Travel Agent's Services(iii) Travel Agent's Services(iv) Business Support Service(v) Transport Passengers by Air(vi) Accommodation Service

The Committee further also considered in terms of guidelines laid down in Instruction No.

79 dt. 19.11.2013 and DOC letter dated 24th June, 2014 the services (other than default

services) as applied by individual NSEZ units and approved the same with modification in

'Telephone Services' as 'Telephone Services (other than mobile)'. The Following services

have not been approved by the Committee:

1. Tour Operator Services2. Insurance business services (Life Insurance)3. Real Estate Agent services4. IPLC Service

(Minutes of Meeting of Approval Committee of Naida SEZ held on 22/08/2014

Noida Special Economic ZonePage 18 of 19

The Committee noted that the mistake on the part of the unit appeared to be bonafide. Unit

was directed to submit a certificate from the Commercial Tax Department that all Form-I in

question have been utilized for purchases made by the unit from within the state of UP.

The Committee further directed that a warning letter be issued to the unit to be more careful

in future and not to repeat such mistake failing which strict action shall be initiated against

the unit.

62. Proposal for monitoring of Non-utilization of Plot No. 59-J(B) by MIs Impetus Infotech

India Pvt. Ltd.

The Committee discussed the agenda note and allowed next three months' time to the unit

for completion of construction and commencement of production from the plot in question.

63. Proposal in respect of MIs. Pana Exports for monitoring of performance

The Committee directed the unit to first submit revised projections with credible business

plan & objective targets for further monitoring and appropriate decision.

64. Proposal of MIs Shree Namo Alloys for amendment in LOA; monitoring of

performance and adjudication of SCN.

Unit representative explained that they have given the value of CIF in place of FOB value in

their APRs inadvertently which resulted in negative NFE. Unit claimed to have earned

positive NFE during previous five years' block. The Committee directed the unit to submit

revised APRs for re-examination. On receipt of revised APRs and verification of their

veracity, the SCN shall be adjudicated and request for LOA amendment shall be considered

thereafter.

66. Supplementary Agenda items:,

65. Issues discussed with the representative of concerned Department:

Issue of Electricity duty exemption in the case of MIs Stalwart Overseas and MIs

Medico Electrodes International: The Committee directed the SDO, UPPCL present in

the meeting to look into the matter and get the same sorted out.

Issue of renewal of WaterlAir consent from the UPPCB in the case of MIs SSP Pvt.

Ltd.: The unit meanwhile informed that the matter has been sorted out.

r /\ 1. Proposal in respect of MIs Alcome Perfumes & Cosmetics pvt. Ltd. for

~