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GOVERNMENT OF INDIA MIN OF COMMERCE amp INDUSTRY DEPTT OF COMMERCE

OFFICE OF THE DEVELOPMENT COMMISSIONER NOIDA SPECIAL ECONOMIC ZONE

NOIDA DADRI ROAD PHASE-II NOIDA-201305 DISTT GAUTAM BUDH NAGAR (UP)

F No I 011 732007-SEZ Date 22 052012

To I The Chief Executive Officer New Okhla Industrial Development Authority Main Admin istrative

Building Sector- 6 Noida Fax No 2422210

2 The Chief Executive Officer Greater Noida Industrial Development uthoriry 169 Chitvan Estate Sector Gamma - f1 Greater Noida Gautam Budh Nagar (U P)- 2013U8 F d X 120 2326143 email authoritygnidain

J The Zonal Jt DGFT CLA A Wing IP Bhawan IP Estate New Dell-i Fax No 9511-23379114 23062240 email jdgftclahotmailcom

4 Dr Sandeep Srivastava Commissioner Custom amp Central Excise Noida C-5642 Sect)r - 62 Noida Fax No 2405750

5 Shri RS Meena Additional Commissioner Custom amp Central Excise Jo ida C-~(142 ectorshy62 Noida

6 The Commissioner Income Tax G Block Shopping Complex Sector- 21) Noida Ialt 253 8930

7 The Director Deptt of Commerce Udyog Bhawan New Delhi

8 The Dy Secretary (IF-I) Banking Division Department of Economic Affai rs Mi nistry 01 Finance Govt of India 3rd Floor Jeevan Deep Building Parliament Stre~t New D Ihi-II 000 I

9 The General Manager District Industry Centre Sector - 20 Noida (Rtpresentat ve of Princ ipal Secretary Industries Govt of UP)

10 The Vice Chairman Khurja Development Authority Yamuna Puram Mahatma (iandhi Marg Bulandshahr - 20300 I

II Concerned SEZ Developers Units

Sub Minutes of the meeting of Unit Approval Committee in respect or SEZs loca ted in Noida Greater Noida amp Khurja held on 16052012 at NSEZ Noida - Reg

Sir [am directed to forward herewith minutes of the meeting of the Unit Approval Committee in respect

ofSEZs located in Noida Greater Noida amp Khurja held on 16052012 at NSEZ Noida

YOlll~ faithfully

t Rakesh Kumar) Deputy Developm- ll t COlllmissioner

Encl As above

City Office PHD House Ill rd Floor Opp ASian Games Village New Delh-11CJ016 Tel Zone Office (Codemiddot from outS ide 0120 I from Delhi 95120)1 2567270 bull 73 (4 Lines) Fax 2562314 2567276

City Office Telefax bull 011-26855061 E-mail lt dcnepzndavsnlnetin gt Weosite lt WVoW sez oV i gt

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NOIDA SPECIAL ECONOMIC ZONE

Minutes of the meeting of Unit Approval Committee in respect of SEZs located ill Noida Gr Noida amp Khurja WP) held on 16052012 at Conference Hall NSEZ N(J ida

The meeting was chaired by Shri cPS Bakshi Development Commissioller The fl ll w ng officers I representatives also attended the UAC meetingshy

I Shri Rakesh Kumar DOC NSEZ 2 Shri Virender Kumar Asstt Commissioner Customs amp Central Excise Noida 3 Shri Ashok Kumar Sharma Manager DIC Noida 4 Shri Neeraj Johar Manager (Ind) GNIDA 5 Shri Diwakar Minocha Specified Officer 6 Shri RK Sharma Specified Officer

1 lAC ratified the minutes of meeting held on 120420 J 2

2 Mis Arshiya Northern FTWZ Ltd FTWZ at Khurja (UP)

(i) Proposal of M is Arshiya Northern FTWZ Ltd developer for approval of three lists of ltods til carry on authorized operation in its FTWZ at Khurja

After deliberations UAC approved three lists of goods to carryon follow ing authorized operations in FTWZ at Village Ibrahimpur Junaidpur Urf Maujpur Bulandshar (U P) was placed befllrc the Approval Committeeshy

A uthorized Operation lEstimated Cost Nos List

(Rs in Lacs) Warehouse 20710

List-I Electrical Gas and petroleum natural gas distribution network including necessary suh- 365 2 station of appropriate capacity pipeline network etc Telecom amp other communication facilities including internet connectivity 1067 Fuel Storage amp Distribution System Office Space for Development Commissioner Customs Security and State Government Staff 490

List-II Electrical Gas and petroleum natural gas distribution network including necessary sut- 75 70 station of ~r~riate capacity pipeline network etc Warehouse 6AI Security Office Police Posts etc at entry exit and other points within an along the peripher 300 of the site Open Storage Yards 1059

List-III (d) Maintenan~e amp Reeairs Yard with Shed - shyWarehouse li T

Total (44469 Lacs + 9001 Lacs + 2192 Lacs i 56 62

190AO

(ii) Half yearly report for the period Oct20 II to March 2012 submitted by the developer in respect of its FTWZ at Khurja

UAC taken note of the half yearly report for the period ending 31 st March 2012 sllbmitred by the developer in respect of its FTWZ at Village lbrahimpur Junaidpur Urf Maujpur Bulandshahr l P

(iii) Proposal of Mis Srikaram Prescience Pvt Ltd for setting up of unit in FTWZ of Mis Ar lliya l orthern FTWZ Ltd at Khurja

The proposal of M i s Srikaram Prescience Pvt Ltd for setting up of unit il FTWZ of M i S Arshiya Northern FTWZ Ltd at Khurja was discussed by UAC in its meeting held on 1204_2012 amp it as decided [0

call for documentary evidence from promoter in respect of sourcing of fund for the project and cunsidr in the next UAC The proposal was once again placed before the UAC It was brought tCl the notice of UAC tllClt applicant has submitted documentary evidence showing source of fund of the project Th L1nil hall he engaged in authorized operation viz Storage warehousing providing cargo related services and value added services Projected FOB value of export has been shown as Rs 181 099 lacs with NFE earnings of R ~ 30 7 J3

lacs over a period of five years After due deliberations UA C approved the project _ ~__ __

116 Min ute ur th e melin~-N oid amp Khurj- 1605120IZ shy r shy

(iv) Proposal of lnterport Impex Pvt Ltd for setting up of unit in FTWZ of W Arshiya orthrn FTWZ

Ltd at Khurja

[t was decided by the UAC that the project application be closed as applicant has railed to appear

before UAC twice

(v) Prop9sal of Mis Siddhartha Logistics Co Pvt Ltd for setting up of unit in FTWZ of M~ rshi a orthern FTWZ Ltd at Khurja

The proposal of Mis Siddhartha Logistics Co Pvt Ltd for setting u) of unit in FTWZ of Mi s Arshiva NOl1hern FTWZ Ltd at Khurja was placed before the UAC The unit shall be enga~ d in authorized operation viz Trading Warehousing amp other activities related to trading amp war~housing fr0ight forwarding services cargo handling services transportation and distribution Customs house agency sl rvices Insurance Display centre Assembly of CKDSKD Blending Cutting threading coating slitting painting touch-ups washing cleaning pol ishing and other related services Projected FOB value elf export ila- been shown as Rs 1 108 81 lacs with N FE earnings of Rs 55440 lacs over a period of five years U( considered the proposed activity on the line being adopted in Panvel FTWZ (Maharashtra) fter due de liberations AC approved the project The issue raised in the agenda shall be forwarded to DOC with rcqu~~t that issue necessary clarification in the matter

(vi) Proposal of Mi s Arshiya Northern FTWZ Ltd developer for issue of Conapletion C 1 1 ifi c~ t e in respect of structure built in its FTWZ at Village lbrahimpur Junaidpur UrfMaujpu Bulandshahr Ln

The representative of the developer handed over the documents in compliance 0 1 the letter dated 2 1042012 issued by KDA UAC decided to forward the documents received fr Jm the de veloper to KDA for its comments

3 Mis Aachvis Softech Pvt Ltd ITiITES SEZ at Noida

(i) Proposal of Mis Aachvis JT SEZ Infra Pvt Ltd co-developer for approval of I st of goods

UAC deferred the proposal as no representative from the co-developer attended the mcetinf

4 Mis Seaview Developer Ltd ITIITES SEZ at Noida

(i) Proposal of Mis Seaview Developers Ltd developer for approval of list of goods

After deliberations UAC approved the list of goods for a value of Rslt)5621 Lacs in respect of Mis Seaview Developers Ltd developer to carryon following authorized operatiors in ITn ES SEI at Plot No 20 amp 21 Sector-l35 Noida shy

S Authorised Operation Estim ated val li e of goods No ((s in lacs)

I Electrical Gas and petroleum natural gas distribution network including 41 76 1 necessary sub-station of appropriate capacity pipel ine network etc

2 Fire protection systems with sprinklers fire and smoke detectors - - 18500 J Air Conditioning of Processing area 63 32 4 Water treatment plant water supply lines (dedicated lines upto source) seVag~ 39028

lines storm water drains and water channels of appropriate capacity Total 105621

(ii) Half yearly report in Form-E for the period Oct 20 II to March 2012 submitted ) the develo cr

Half yearly report for the period ending 31 s1 March 2012 submitted by the devlIper VI is Seaview Developers Ltd in respect of its ITlTES SEZ at Plot No 20 amp 21 Sector-135 Noida was r 1ltlce before the

C It was notrced by UAC the same has not been verified by the Specified Officer 01 SEZ lJ AC directed Specified Officer to submit its report within a week time

216 Minutes of the meet ine-Ilt oid amp hurjmiddot160~ZOI2

5 Mis Unitech Hi-Tech Projects Pvt Ltd ITIITES SEZ at Noida

(i) Half yearly report in Form-E for the period Oct 20 II to March 2012 s lbmitted hy the d veloper

Half yearly report for the period ending 31 SI March 2012 submitted by the devcllper I1 s Unitecll Hi-Tech Projects Pvt Ltd in respect of its ITIITES SEZ at Plot No1 Sector-144 oid wa placed before the UAC It was noticed by UAC the same has not been verified by the Specified (lfl lcer ()fS EZ AC directed Specified Officer to submit its report within a week time

6 Mis Unitech Infra-con Ltd ITIITES SEZ at Gr Noida

(i) Half yearly report in Form-E for the period Oct 20 II to March 2012 submitted by the d veloper

Half yearly report for the period ending 31 51 March 2012 submitted by the deve l per Mis Unitecll Infra-con Ltd in respect of its ITITES SEZ at Plot No TZ-04A Sector-Techzone Gr oida was placed before the UAC It was noticed by UAC the same has not been verified by the Specified Officer of S EZ UAC directed Specified Officer to submit its report within a week time

7 Mis HCL Technologies Ltd ITIITES SEZ at Noida

(i) Proposal of Ms HCL Technologies Ltd (Unit-V) for setting up unit III ITIIl E (I f Mis HCL Technologies Ltd at Noida

The proposal of Mis HCL Technologies Ltd for setting up of its Uni t-V in ITrlT ES SEZ of Mi s HCL Technologies Ltd at Plot No 3A Sector-126 Noida was placed before the AC r he unit shall be engaged in authorised operation viz IT amp IT Enabled Services namely Software Developmell amp Remote Infrastructure Management The project envisages investment of Rs 82095 lICS Projected FC B vallie of exports has been shown as RsA2841 00 Lacs with N FE earnings of RsA1691 00 lacs ov~r a pe l iod of five years Since the instant proposal is for transfer of STPI lInit to SEZ unit the unit h ~lS submitted an undertaking with effect that they will not claim Income Tax benefits for th instant project After due deliberations UAC approved the project

8 Mis Ansal IT City amp Parks Ltd ITITES SEZ at Gr Noida

(i) Half yearly report in Form-E for the period Oct 20 II to March 20 I 2 submitted by the ~_velo[1er

The half yearly report for the period ending 31 51 March 2012 submitted by Mis Ansal ~ T City amp Parks Ltd in respect of its ITIITES SEZ at Plot No TZ-06 Sector-Techzone Gr Noida was pl aced before the Approval Committee UAC noted that half yearly report submitted by the develoc)er has not been verified by the Specified Officer UAC directed SO to submit its report within a week ti middotne UAC also directed the developer to deposit cost recovery charges at the earliest

(ii) Previous half yearly reports (from April 2008 to Sept 20 I I) submitted by thedeveloper

The half yearly reports for the following period Apr 08-Sept08 Oct08-March 09 prmiddot09-Sept09 Oct09-March 10 Apr I O-Sept 10 Oct I O-March II amp Aprl I-Sept I I submited by tht developer Mis Ansal IT City amp Parks Ltd in respect of its ITITES SEZ at Plot No TZ~06 Sector-Techzone Gr Joida was placed before the UAC UAC noted that half yearly report submitted by the developer has l1ut beln verified by the Specified Officer UAC directed SO to submit its report within a week lime UAl also advise the developer to ensure timely submission of quarterly amp half yearly reports in future

9 Mis NIIT Technologies Ltd ITIITES SEZ at Gr Noida

(i) Half yearly report in Form-E for the period Oct 2011 to March 2012 submitted by the d PJG

The half yearly report for the period end ing 3 151 March 20 J 2 submitted bv the devemiddotl(lper I1s N I IT Technologies Ltd in respect of its ITIITES SEZ at Plot No TZ02 amp 2A TechZone Gr -Juidc Vas place before the UAC It was noticed by UAC the same has not been verified by the Specified Officer ofS EZ UAC directed Specified Officer to submit its report within a week time

36 Minutes of the meetingNoida amp Khurja160~2012

(ii) Proposal of the developer for approval of list of goods

After due deliberations UAC approved the list of goods for a value of RS2951gtX Lacs proposed by Mis NIIT Technologies Ltd developer to carryon authorized operation namely Constn lction of all types of building in processing area as approved by UAC in IT ITES SEZ at Plot No TZ02 amp ~ A T~chZol1e Gr Noida except Handset for Communication listed at S No 50 of the proposed list ofgoocb as the same is not related with the proposed authorized operation UAC also decided that formal approval may be issued only after receipt of cost recovery charges from the developer

10 Mis Wipro Ltd ITIITES SEZ at Gr Noida

(i) Proposal of the developer for approval of list of services

The proposal of Mis Wipro Ltd developer for approval of list of services to carry 011 authorized operations in its IT ITES SEZ at Plot No 23 amp 4 Knowledge Park - IV (IT Park) Gmiddot loida was placed before the approval committee After deliberations UAC approved the I ist of services exco pt followingshy

I Category-I zzzzj zzd zzr zzzze r g zzg zzzx zzzd w f zzt 2 Category-II zm zzk k i zzzq e s 3 Category-III zr

UAC also decided that formal approval may be issued only after receiing of CCSI recovery charges from the developer

(ii) Proposal of Mis Wipro Ltd (Unit-I) for approval of list of services

The proposal of Mis Wipro Ltd (Unit-I) for approval of list of services to carry )11 authorized operations ill ITIITES SEZ at Plot No 23 amp 4 Knowledge Park - IV (IT Park) Gr Noida Vas placed bef0re the approval committee After deliberations UAC approved the list of services except foil 0 ing-

I Category-I zzzzj zzd zzr zzzze r g zzg ZZZX zzzd w f zzt 2 Category-II zm zzk k i zzzq e s 3 Category-lII zr

(iii) Proposal of Mis Wipro Ltd (Unit-II) for approval of list of services

The proposal of Mis Wipro Ltd (Unit-II) for approval of list of sen ices to cmy on authorized operations in IT ITES SEZ at Plot No 23 amp 4 Knowledge Park - IV (IT Park) Gr Noida as placed before the approval committee After deliberations UAC approved the list of services except following shy

I Category-I zzzzj zzd zzr zzzze r g zzg zzzx zzzd w f zzt 2 Category-II zm zzk k i zzzq e s 3 Category-III zr

II Mis Artha Infratech Pvt Ltd ITIITES SEZ at Gr Noida

(i) Half yearly report in Form-E for the period Oct 20 I I to March 2012 subm itted by the Jeveloper

Half yearly report for the period ending 31 SI March 2012 submitted b~ the devcloper 1 s Artha Infratech Pvt Ltd in respect of its ITITES SEZ at Plot No 21 TechZone Gr Noida wa place before the UAC It was noticed by UAC the same has not been verified by the Specified 01ficer of S I UA C directed Specified Officer to submit its report within a week time

~~~---JQ-46 Minutes orthe meeting-NoidR amp Khurjmiddot160~20r2 ~

12 Mis Golden Tower Infratech Pvt Ltd n inES SEZ at Noida

(i) Half yearly report in Form-E for the period Oct 20 II to March 2012 submitted by t ledeveloper

UAC taken note of the half yearly report for the period ending 31 s1 itarch 20 2 submitted by M i s

Golden Tower Infratech Pvt Ltd in respect of its ITITES SEZ at Plot No8 cctor-144 oida DDqRK) informed that the developer has not deposited cost recovery charges for tl~e peri od April-Sept 2012 AC directed the developer to deposit cost recovery charges at the earl ie -t

13 Mis Moser Baer India Ltd Non-Conventional Energy SEZ at Gr Noida

(i) Half yearly report in Form-E for the period Oct 20 II to March 2012 submitted J2LJhe developer

UAC taken note of the half yearly report for the period ending 31$1 March 2012 submitted by Mis Moser Baer India Ltd in respect of its sector specific SEZ for non-conventiotal energ)- l()c a ~ed at Plot No 66B Udyog Vihar Gr Noida DDqRK) informed that the developer has not d ~posited cu t rewvery charges for the period April-Sept 2012 UAC directed the developer to deposit cost recovery charges at tlte earliest

(ii) Proposal of Mis Moser Baer Solar Ltd (Unit-II) for approval of list of services

The proposal of M is Moser Baer Solar Ltd (Unit-II) for approval cf list of --ervicegt 10 carryon authorized operations in Non-conventional energy SEZ of M i s Moser Bear India Ltd at PI(1 10 66B Udyog Vihar Gr Noida was placed before the approval committee After deliberations UAC approved the list of services except followingshy

I Category-II zzz 2 Category-III zs zzzzm zzzs zzn

SupplementaQ Agenda items

1 Various operational issues in respect of FTWZ of Mis Arshiya Northern FTWZ Ltd located at Village Ibrahimpur Junaidpur DrfMaujpur Bulandshahr (DP)

The following operational issues in respect of FTWZ of M i s Arshiya Northern fTVZ Limited at Khurja were discussed by the UACshy

A Valuation

The matter was discussed by UAC and it was decided to follow the practice adopted by Customs in Arshiya International FTWZ Ltd at Panvel regarding valuation amp assessment of the good~ at both the places for uniformity of practice till any clarification is received from Deptt of Commerce UAC direc ted Specified Officer FTWZ Khurja to keep in touch with SEZ Customs Mumbai for cuStOIll matters relate to FTWZ SO FTWZ Khurja was directed that BESBs should be allowed export l out of custom~ charse only after signature by SO A letter also to be written to DG(Valuation) to provide NIDB connectiity Further an official note on the matter be sent to DOC

B Exemption from levy of Special Additional Duty under Notification No 452005 datld 16 32005 as amended

It was brought to the notice of UAC that Customs Mumbai havingjurisdiction over ITVvZ Panvel is accepting the undertaking in case of transfer of goods and allowing the benefit of notificat iOIl 10452 005 dated 16052005 on furnishing the certificate from the chartered accountant within three Illonths after clearance of goods that sale tax I V AT is paid against the goods cleared and sole UAC decided tltat sim i lar practice be adopted by the customs posted at FTWZ at Khurja for the sake of uniformity The matter may however be forwarded to DOC for take up the matter with MoF

C SEZ Online System implementation issues at FTWZ

UAC decided to allow both manual documentation amp e-filing till the olline systelll start function properly Matter also to be taken up with NSDL to find online solutions to the prob lems of F-I ~v~~

~6 ~linuIC o(rhe mcNingNoida amp Khurja-16052012 ~

D Drawback claim related issues

The issue related to drawback claims in respect of Arshiya Northern FTWZ was d slu ssed by UAC (IS

per modal ities elaborated belowshy

(a) Sale of goods by DTA supplier to a foreign client ofa service unit in FTWZ (b) Sale of goods by DTA supplier to a DTA client ofa service unit in FTZ (c) Stock transfer of goods by DTA expolter who itself is a DTA client of a service L1llit in FTWZ frol11

where goods are subsequently exported out of India on sale basis to foreign buyer (d) Stock transfer of goods by DTA supplier who has Its own unit in FTWZ and subsequelltly exported

out of India from FTWZ

UAC observed that the provision of the Rule 24 and Rule 30(8) does not provide any benefit to the client who does not have SEZ status The SEZ developer units are only eligible to claim oll ty drawback under the relevant guidelines procedures

E Exem ption of Form-38

UAC decided to take up the matter with the Govt ofUP

F Proposed units in FTWZ shall be engaged in warehousing services and therefore following aspects need attention shy

I From the proposed activity it is not clear to whom the services to b~ providell in a case the term FOREIGN BUYER OR SELLER and DTA BUYER OR SELLER has been writlell wlich need to be defined

2 What is the status of these FOREIGN BUYER OR SELLER and DTA Bl Y ER OR SELLER whether they wi II setup unit in FTWZ or not

3 Who will be the importer in FTWZ Whether SEZ unit or the FOREI(iN BUYIR OR SELLER (l nd DTA BUYER OR SELLER

4 Who will be responsible to maintain the positive NFE and which tran-actions shall be accounted for the purpose of N FE

5 Specific names of goods proposed to be traded warehoused in the FTWZ unit

6 The applicant needs to indicate the value wise input requirements on th e basis oflJich Hond Amount is to be calculated in terms of Rule 22 (1) (iv) (b) of the SEZ Rules 20Cl6

The issue was discussed by UAC and it was decided to follow the ex isting practice 2dvpted by DC SEEPZ in respect of Arshiya International FTWZ Ltd at Panvel The matter may also be referred to DOC with request to issue necessary clarification final ise the draft amendments tc SEZ Ru k~ whie h incorporate aII these as pects

The meeting ended with a vote of thanks to the Chair

(cfeiiqv Developmtnt Comm isione

6 6 Minules oflhe mell ing- Noida amp Khurja-1 60512012

12 Mis Golden Tower Infratech Pvt Ltd n inES SEZ at Noida

(i) Half yearly report in Form-E for the period Oct 20 II to March 2012 submitted by t ledeveloper

UAC taken note of the half yearly report for the period ending 31 s1 itarch 20 2 submitted by M i s

Golden Tower Infratech Pvt Ltd in respect of its ITITES SEZ at Plot No8 cctor-144 oida DDqRK) informed that the developer has not deposited cost recovery charges for tl~e peri od April-Sept 2012 AC directed the developer to deposit cost recovery charges at the earl ie -t

13 Mis Moser Baer India Ltd Non-Conventional Energy SEZ at Gr Noida

(i) Half yearly report in Form-E for the period Oct 20 II to March 2012 submitted J2LJhe developer

UAC taken note of the half yearly report for the period ending 31$1 March 2012 submitted by Mis Moser Baer India Ltd in respect of its sector specific SEZ for non-conventiotal energ)- l()c a ~ed at Plot No 66B Udyog Vihar Gr Noida DDqRK) informed that the developer has not d ~posited cu t rewvery charges for the period April-Sept 2012 UAC directed the developer to deposit cost recovery charges at tlte earliest

(ii) Proposal of Mis Moser Baer Solar Ltd (Unit-II) for approval of list of services

The proposal of M is Moser Baer Solar Ltd (Unit-II) for approval cf list of --ervicegt 10 carryon authorized operations in Non-conventional energy SEZ of M i s Moser Bear India Ltd at PI(1 10 66B Udyog Vihar Gr Noida was placed before the approval committee After deliberations UAC approved the list of services except followingshy

I Category-II zzz 2 Category-III zs zzzzm zzzs zzn

SupplementaQ Agenda items

1 Various operational issues in respect of FTWZ of Mis Arshiya Northern FTWZ Ltd located at Village Ibrahimpur Junaidpur DrfMaujpur Bulandshahr (DP)

The following operational issues in respect of FTWZ of M i s Arshiya Northern fTVZ Limited at Khurja were discussed by the UACshy

A Valuation

The matter was discussed by UAC and it was decided to follow the practice adopted by Customs in Arshiya International FTWZ Ltd at Panvel regarding valuation amp assessment of the good~ at both the places for uniformity of practice till any clarification is received from Deptt of Commerce UAC direc ted Specified Officer FTWZ Khurja to keep in touch with SEZ Customs Mumbai for cuStOIll matters relate to FTWZ SO FTWZ Khurja was directed that BESBs should be allowed export l out of custom~ charse only after signature by SO A letter also to be written to DG(Valuation) to provide NIDB connectiity Further an official note on the matter be sent to DOC

B Exemption from levy of Special Additional Duty under Notification No 452005 datld 16 32005 as amended

It was brought to the notice of UAC that Customs Mumbai havingjurisdiction over ITVvZ Panvel is accepting the undertaking in case of transfer of goods and allowing the benefit of notificat iOIl 10452 005 dated 16052005 on furnishing the certificate from the chartered accountant within three Illonths after clearance of goods that sale tax I V AT is paid against the goods cleared and sole UAC decided tltat sim i lar practice be adopted by the customs posted at FTWZ at Khurja for the sake of uniformity The matter may however be forwarded to DOC for take up the matter with MoF

C SEZ Online System implementation issues at FTWZ

UAC decided to allow both manual documentation amp e-filing till the olline systelll start function properly Matter also to be taken up with NSDL to find online solutions to the prob lems of F-I ~v~~

~6 ~linuIC o(rhe mcNingNoida amp Khurja-16052012 ~

D Drawback claim related issues

The issue related to drawback claims in respect of Arshiya Northern FTWZ was d slu ssed by UAC (IS

per modal ities elaborated belowshy

(a) Sale of goods by DTA supplier to a foreign client ofa service unit in FTWZ (b) Sale of goods by DTA supplier to a DTA client ofa service unit in FTZ (c) Stock transfer of goods by DTA expolter who itself is a DTA client of a service L1llit in FTWZ frol11

where goods are subsequently exported out of India on sale basis to foreign buyer (d) Stock transfer of goods by DTA supplier who has Its own unit in FTWZ and subsequelltly exported

out of India from FTWZ

UAC observed that the provision of the Rule 24 and Rule 30(8) does not provide any benefit to the client who does not have SEZ status The SEZ developer units are only eligible to claim oll ty drawback under the relevant guidelines procedures

E Exem ption of Form-38

UAC decided to take up the matter with the Govt ofUP

F Proposed units in FTWZ shall be engaged in warehousing services and therefore following aspects need attention shy

I From the proposed activity it is not clear to whom the services to b~ providell in a case the term FOREIGN BUYER OR SELLER and DTA BUYER OR SELLER has been writlell wlich need to be defined

2 What is the status of these FOREIGN BUYER OR SELLER and DTA Bl Y ER OR SELLER whether they wi II setup unit in FTWZ or not

3 Who will be the importer in FTWZ Whether SEZ unit or the FOREI(iN BUYIR OR SELLER (l nd DTA BUYER OR SELLER

4 Who will be responsible to maintain the positive NFE and which tran-actions shall be accounted for the purpose of N FE

5 Specific names of goods proposed to be traded warehoused in the FTWZ unit

6 The applicant needs to indicate the value wise input requirements on th e basis oflJich Hond Amount is to be calculated in terms of Rule 22 (1) (iv) (b) of the SEZ Rules 20Cl6

The issue was discussed by UAC and it was decided to follow the ex isting practice 2dvpted by DC SEEPZ in respect of Arshiya International FTWZ Ltd at Panvel The matter may also be referred to DOC with request to issue necessary clarification final ise the draft amendments tc SEZ Ru k~ whie h incorporate aII these as pects

The meeting ended with a vote of thanks to the Chair

(cfeiiqv Developmtnt Comm isione

6 6 Minules oflhe mell ing- Noida amp Khurja-1 60512012

D Drawback claim related issues

The issue related to drawback claims in respect of Arshiya Northern FTWZ was d slu ssed by UAC (IS

per modal ities elaborated belowshy

(a) Sale of goods by DTA supplier to a foreign client ofa service unit in FTWZ (b) Sale of goods by DTA supplier to a DTA client ofa service unit in FTZ (c) Stock transfer of goods by DTA expolter who itself is a DTA client of a service L1llit in FTWZ frol11

where goods are subsequently exported out of India on sale basis to foreign buyer (d) Stock transfer of goods by DTA supplier who has Its own unit in FTWZ and subsequelltly exported

out of India from FTWZ

UAC observed that the provision of the Rule 24 and Rule 30(8) does not provide any benefit to the client who does not have SEZ status The SEZ developer units are only eligible to claim oll ty drawback under the relevant guidelines procedures

E Exem ption of Form-38

UAC decided to take up the matter with the Govt ofUP

F Proposed units in FTWZ shall be engaged in warehousing services and therefore following aspects need attention shy

I From the proposed activity it is not clear to whom the services to b~ providell in a case the term FOREIGN BUYER OR SELLER and DTA BUYER OR SELLER has been writlell wlich need to be defined

2 What is the status of these FOREIGN BUYER OR SELLER and DTA Bl Y ER OR SELLER whether they wi II setup unit in FTWZ or not

3 Who will be the importer in FTWZ Whether SEZ unit or the FOREI(iN BUYIR OR SELLER (l nd DTA BUYER OR SELLER

4 Who will be responsible to maintain the positive NFE and which tran-actions shall be accounted for the purpose of N FE

5 Specific names of goods proposed to be traded warehoused in the FTWZ unit

6 The applicant needs to indicate the value wise input requirements on th e basis oflJich Hond Amount is to be calculated in terms of Rule 22 (1) (iv) (b) of the SEZ Rules 20Cl6

The issue was discussed by UAC and it was decided to follow the ex isting practice 2dvpted by DC SEEPZ in respect of Arshiya International FTWZ Ltd at Panvel The matter may also be referred to DOC with request to issue necessary clarification final ise the draft amendments tc SEZ Ru k~ whie h incorporate aII these as pects

The meeting ended with a vote of thanks to the Chair

(cfeiiqv Developmtnt Comm isione

6 6 Minules oflhe mell ing- Noida amp Khurja-1 60512012