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Minutes of Meeting of Approval Committee, NSEZdated 11/08/2011Page 2 of7It was made clear that the Zone had shortage of built up space. Also as regards nonsubscriptionof Provident Fund, the Committee was informed by the representative that inthe last year the proprietorship concern had been converted into Pvt. Ltd. Company and thelegal obligation regarding ProvidentFund was being fulfilled by them. The Committeedecided to approve the proposal subject to (i) availability of space and (ii) the matter beingreferred to PF commissioner for necessary action.2. Application of M/ s Citixsys Tech Solutions Pvt. Ltd. for setting up a unit inNoida SEZ for software development and consultancy.On the directions of the BOA, the proposal was reconsidered by the Committee. Therepresentative director was given another opportunity to explain proposal vis-a-vis groundsquoted by the Committee while rejecting it. The representative director conveyed that thespace as small as 100-120 SQ M. was quoted keeping in view the actual requirement and theproposed activities would be carried out from the SEZ . The Committee felt it appropriate toget the ITRs of the promoters checked thoroughly as the same reflects losses which was thereason for doubts as regards source of finances at the disposal of the promoters.In view ofthis, the Committee decided to approve the proposal subject to availability of space of thesize required for the project and satisfactory report from 0/0. Joint Commissioner(IncomeTax), Noida on the records relating ITRs of the promoters/Company,Balance Sheet andClash Flow of the Company for last three years. Letter would be issued to the Applicant topresent himself before the JC(IT) , Noida, on a suitable date and time.3. Application ofM/s Lakshman Overseas (India) for setting up a unit in Noida SEZfor Manufacturing & Trading of consumer electronic items such as CD Player,DVD, electronic products, electronic office equipment, readymade garment,chemicals, calculators, water purifiers, communicators, palm top, laptops,mobiles, spares & accessories & computers, spares and accessories.The Applicant Shri Ashwani Aggarwal, Proprietor of M/s. Lakshman Overseas(India) appeared and presented the proposal before the Committee.discussed and concluded as below:The Committee mainly(i) The proposed activity in the proposal was manufacturing & trading of consumerelectronic items such as CD Player, DVD, electronic products, electronic office equipment,readymade garment, chemicals, calculators, water purifiers, communicators, palm top,laptops, mobiles, spares & accessories & computers, spares and accessories. Most of these
Minutes of Meeting of Approval Committee, NSEZdated 11/08/2011Page 3 of7items were also allowed vide LOA dated 25.10.2002 issued to M/s. Lakshman Overseas,proprietorship concern of Shri Vipul Aggarwal. Shri Vipul Aggarwal along with his fatherShri Ashwani Aggarwal(Applicant) had been charged with mis-declaration of value anddiversion of high value imported goods en-route to NSEZ from Airport and bringing insubstandard/junk goods into the NSEZ for export in the Show Cause Notices dated05.09.2006 and 30.04.2010 of Directorate of Revenue Intelligence(DRI). Further, the LOA ofM/s. Lakshman Overseas was cancelled vide letter dated 23.02.2006, for the violation, aftergiving due opportunity and no appeal had been preferred by the proprietor of M/s.Lakshman Overseas against the order of cancellation of the said LOA. Therefore, theapplicant could not be allowed to carry out the same activity for which he had been chargedof serious violations in the past. As per Rule 18( 4)(f) of the SEZ Rules, 2005, no proposalshall be considered if there is any instance of violation of law or public policy by thepromoters having bearing on the merits of the proposal.(ii)The Hon'ble High Court of Delhi in its Order dated 11.05.2011 directed that asregards properties at Plot No. 19 and 67 in NSEZ, the Petitioners would be given access tothe office premises and be permitted to run their businesses. The Committee was informedthat Plot No. 19 and 67 were allotted on sub-lease basis, and buildings on the plots, as perrecords, were in the name of Shri Vipul Aggarwal, Proprietor, M/s. Lakhman Overseas andhe had already been allowed access into NSEZ as per Hon'ble Court's directions. Though theApplicant in the proposal, Shri Ashwani Aggarwal, was a petitioner in the matter before theHon'ble Court, he had not been issued LOA in the past. Therefore, the Order of the Hon'bleHigh Court does not appear to have any bearing in the instant case. Further, lease rent ofthe premises at Plot No. 19 and 67 were not paid since July, 2005 and total lease rent of Rs.49,64,270 was outstanding as on 11.08.2011 and hence the application could not beconsidered for this ground also.On the above grounds, the Committee did not approve the proposal.4. Application of M/s Smart Identity Devices Pvt. Ltd. for setting up a unit in Noida SEZfor manufacturing of I - Scan and L-scan.The Committee, after deliberations, approved the proposal on the basis of profile ofthe promoters, performance of their trading unit in DTA, subject to availability of space. Thedocuments found deficient would be obtained before the LOA is issued.
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