Section 80-IA l Profits and gains from industrial
undertakings, etc., engaged in infrastructure
development, etc.

566. Availability of benefit under section 80-IA in respect of infra­structure facilities notified by CBDT prior to 31-3-2001

1. ‘Infrastructure facility’ as defined in Explanation to sub-clause (c) of clause (i) of sub-section (4) of section 80-IA of the Income-tax Act, 1961, as it stood prior to its substitution by the Finance Act, 2001, meant :

  (i)  a road, bridge, airport, inland waterways and inland ports, rail system or any other public facility of a similar nature as may be notified by the Board in this behalf in the Official Gazette;

(ii)  a highway project including housing or other activities being an integral part of the highway project; and

(iii)  a water supply, water management system, irriga­tion project, sanitation and sewerage system or solid waste management system.

2. The Finance Act, 2001 has further rationalised the above definition. The definition of ‘Infrastructure facility’, as given in the Explanation introduced with effect from 1-4-2002 excludes ‘any other public facility of a similar nature as may be notified by the Board in this behalf in the Official Gazette’. Under the earlier provisions, several public facilities have already been notified by the Board as ‘infrastructure facilities’. In this connection, a need has been felt to clarify doubts as to whether such notified “infrastructure facilities” would continue to be eligible for such benefit on or after 1-4-2002. It is, hereby clarified that :

“Such projects, for which agreements have been entered into on or after 1-4-1995 but on or before 31-3-2001 and which have been notified by the Board on or before 31-3-2001, would continue to be exempt, subject to the fulfilment of the conditions prescribed in section 80-IA(4)(i)(b), as it existed prior to its substitu­tion by the Finance Act, 2001.”

Circular : No. 7/2002, dated 26-8-2002.

567. Industrial Park Scheme, 2002

In exercise of the powers conferred by clause (iii) of sub-section (4) of section 80-IA of the Income-tax Act, 1961 (43 of 1961), the Central Government  hereby frames the following scheme for industrial parks, namely :—

Short title and commencement.

1. (1) This scheme may be called the Industrial Park Scheme, 2002.

(2) It shall come into force on the date* of its publication in the Official Gazette.

Definitions.

2. In this Scheme, unless the context otherwise requires,—

(a)  “Act” means Income-tax Act, 1961 (43 of 1961);

(b)  “allocable area” means,—

  (i)  in the case of an industrial park referred to in sub-paragraph (b) of paragraph 4, the net floor area available for allocation but excluding the built up space used for providing common facilities;

(ii)  in any other case, the net area available for allocation for industrial, commercial or residential purpose but excluding the areas used for providing common facilities;

  (c)  “common facilities” includes the facilities of air-conditioning, roads (including approach roads), water supply and sewerage, common effluent treatment facility, telecom network, generation and distribution of power used by two or more indus­trial units in an industrial park;

(d)  “empowered committee” means a committee constituted under paragraph 7;

  (e)  “form” means a form appended to this Scheme;

  (f)  “infrastructure development” includes, roads (including approach roads), water supply and sewerage, common effluent treatment facility, telecom network, generation and distribution of power, air conditioning and such other facilities as are for common use for industrial activity which are identifiable and are provided on commercial terms;

(g)  “paragraph” means paragraph of this Scheme;

(h)  “undertaking” means any undertaking which is engaged in the business of developing, developing and operating or maintain­ing and operating an industrial park notified by the Central Government in accordance with this scheme;

  (i)  “unit” means any separate and distinct entity for the purpose of one or more State or Central tax laws.

Period of operation of the scheme.

3. This scheme shall be applicable for any undertaking which develops, develops and operates or maintains and operates an Industrial Park for the period beginning on the 1st day of April, 1997 and ending on the 31st day of March, 2006. In a case, where an undertaking develops an Industrial Park on or after the 1st day of April, 1999 and transfers the operation and maintenance of such Industrial Park to another undertaking (transferee undertaking), the benefits shall be allowed to such transferee undertaking for the remaining period in the ten consecutive assessment years in a manner as if the operation and maintenance were not so transferred to the transferee undertaking.

Objectives of the industrial park.

4. Any project, being an industrial park, shall aim at setting up of—

(a)  an Industrial Model Town for development of industrial infrastructure for carrying out integrated, manufacturing activi­ties including research and development by providing plots or sheds and common facilities within its precincts; or

(b)  an Industrial Park for development of infrastructural facilities or built-up space with common facilities in any area allotted or earmarked for the purposes of industrial use speci­fied in the Explanation to para 6, sub-clause (c); or

  (c)  a Growth Centre under the Growth Centre Scheme of the Government of India :

Provided that the scheme referred to in this clause is implemented by an under-taking and the Growth Centre is distinctly developed as a separate profit centre.

Automatic approval.

5. (1) An undertaking shall make an application in the Form IPS-I along with an affidavit certifying the details given in such application for obtaining approval for setting up an industrial park.

(2) An application under sub-paragraph (1) shall be made to the Entrepreneurial Assistance Unit of the Secretariat for Industrial Assistance, Department of Industrial Policy and Promotion in the Ministry of Commerce & Industry, Udyog Bhawan, New Delhi - 110 011.

(3) The Secretariat for Industrial Assistance referred to in sub-paragraph (2) shall, upon receipt of application, give acknowledgement for receipt of such applications along with registration number allotted by such Secretariat.

(4) Every application under sub-paragraph (1) shall be accompanied by a fee of six thousand rupees payable by a demand draft drawn in favour of Pay and Accounts Officer, Department of Industrial Development payable at State Bank of India, Nirman Bhawan Branch, New Delhi - 110 011.

(5) All applications made under sub-paragraph (1) and eligible for automatic approval in accordance with paragraph 6 shall be disposed of within fifteen days of making of such application and the decision for such approval shall be communicated to the applicant immediately on disposal of such application.

(6) In case any application is not found eligible for automatic approval in accordance with paragraph 6, the decision regarding the same shall be immediately communicated to the applicant.

Criteria for automatic approval.

6. An undertaking which seeks approval under paragraph 5, shall fulfil the following conditions, namely :—

(a)  The minimum area required to be developed for an Indus­trial Model Town shall be 1,000 acres :

       Provided that the minimum area for specified Industrial Park referred to in clauses (b) and (c) of paragraph 4 may vary depending upon their activities;

(b)  the project referred to in clauses (a), (b) and (c) of paragraph 4 shall have provision for the location of minimum number of industrial units as follows :—

Table

 

Type of industrial park

Minimum Number of units to be provided in the Industrial Model Town/Industrial Park/Growth Centre

(1)

(2)

 

(i)

Industrial Model Town referred to in clause (a) of paragraph 4

50 units;

(ii)

Industrial Park referred to in clause (b) of paragraph 4

30 units;

(iii)

Growth Centre referred to inlause (c) of paragraph 4

0 units;

  (c)  the minimum percentage of the area to be allocated for industrial use shall not be less than sixty-six per cent of the total allocable area.

       Explanation.—For the purpose of this clause, the industrial use shall include any activity defined in the National Industrial Classification 1987, Code issued by the Central Statistical Organisa­tion, Department of Statistics, Ministry of Planning and Pro­gramme Implementation, except the following :—

       Section 0

       Section 1

       Section 5

       Section 7 excluding Division 75

       Section 8 excluding Groups 892, 893, 894, 895

       Section 9

       Section X

       Section XI;

(d)  the percentage of land to be earmarked for commercial use shall not be more than ten per cent of the allocable area;

  (e)  in case of an Industrial Model Town, Industrial Park and Growth Centre, the minimum investment on infrastructure development shall not be less than 50% of the total project cost. In the case of an Industrial Park and Growth Centre which pro­vides built-up space for industrial use, the minimum expenditure on infrastructure development including cost of construction of industrial space, shall not be less than 60% of the total project cost;

  (f)  no single unit referred to in column (2) of the Table given in sub-paragraph (b) of paragraph 6 shall occupy more than fifty per cent of the allocable industrial area of an Indus­trial Model Town or Industrial Park or Growth Centre;

(g)  every undertaking being an industrial park shall obtain approval for foreign direct investment or non-resident Indian investment from the Foreign Investment Promotion Board or Reserve Bank of India, or any authority specified under any law for the time being in force, as the case may be.

Non-automatic approval.

7. (1) All applications not eligible for automatic approval under paragraph 6 shall require the approval of the Empowered Commit­tee, constituted by the Central Government and all such applica­tions shall be placed before the Empowered Committee within fifteen days of receipt of applications.

(2) The Empowered Committee shall consist of the following, namely :—

(a)

Secretary, Department of Industrial Policy and Promotion, Government of India

Chairman;

(b)

Chairman, Central Board of Direct Taxes, Government of India, or his representative

Member;

(c)

Secretary, Department of Urban Development, Govern ment of India, or his representative

Member;

(d)

A representative of the State Government to which the project relates

Member;

(e)

Joint Secretary, Department of Industrial Policy and Promotion, Government of India

Member-Secretary:-

Provided that the Empowered Committee may co-opt other Secre­taries to the Government of India and officials of financial institutions, banks and professional experts from Industry and Commerce as co-opted members of the Committee and such co-opted members, however, shall not have any voting right.

(3) The Empowered Committee shall consider each application on a case to case basis, subject to its complying with the statutory requirements as prescribed by the Ministry of Finance under the Income-tax Act, 1961, and other applicable statutory rules/obli­gations. The Committee will consider each case on its merits and grant approval subject to such other conditions as may be deemed fit by it. However, in all cases of rejection of proposals, the applicants shall be afforded an opportunity of being heard by the Committee and the orders shall be passed and communicated within twelve weeks. The Committee may also periodically review imple­mentation of the approved proposals.

(4) The Empowered Committee will hold meetings whenever neces­sary. All Industrial Model Town/Industrial Park/Growth Centre proposals received shall be placed before the Committee within 15 days of receipt. The Committee, as far as possible, would ensure that the Government decision on each proposal is communicated to the applicant within six weeks. The Committee will adopt its own mode and working procedure, keeping in view the requirement of each proposal.

Withdrawal of approval.

8. The Central Government may withdraw the approval given to an undertaking under this Scheme when such undertaking fails to comply with any of the conditions of grant of approval :

Provided that before withdrawal of approval, the undertaking being industrial park, shall be given an opportunity of being heard.

General conditions.

9. (1) In case the commencing of the Industrial Model Town or Industrial Park or Growth Centre gets delayed by more than 1 year from the date indicated in the application, fresh approval may have to be obtained to get the benefits under the Act. This condition also applies to the existing approvals under the Indus­trial Park Scheme, which envisages commissioning of the Parks, latest by March 31, 2002.

(2) The tax benefits under the Act can be availed of only after the number of units indicated in the application, are located in the Industrial Park.

(3) The undertaking applying for approval shall undertake to continue to operate the Industrial Model Town or Industrial Park or Growth Centre during the period in which the benefits under the Act are to be availed of.

(4) In a case where an undertaking develops an Industrial Park on or after the 1st day of April, 1999 and transfers the operation and maintenance of such industrial park (i.e., transferor undertak­ing) to another undertaking (i.e., the transferee undertaking), the transferor and transferee shall jointly intimate to the Entrepre­neurial Assistance Unit of the Secretariat for Industrial Assist­ance, Department of Industrial Policy and Promotion, Udyog Bha­wan, New Delhi-11 along with a copy of the agreement executed between the transferor and transferee undertaking for the aforesaid transfer. Secretariat for Industrial Assistance shall on receipt of each such intimation issue a communication to the applicants of having taken the intimation on record.

(5) Every undertaking, which has been granted approval shall continue to furnish to the Central Government on 1st January and 1st July of every year a report in the Form No. IPS-II during the period in which the benefits under the Act are to be availed of.

FORM IPS-I

[See Paragraphs 5 and 7]

 

Application form for setting up Industrial Model Town/
Industrial Park/Growth Centre

 

1.

Type of Application (Please tick (√)  the appropriate boxes)

   Automatic

Non-automatic

(a)

For Industrial Model Town

 

 

(b)

For Industrial Park

 

 

(c)

For Growth Centre

 

 

2.

(For Office Use Only)

 

 

 

    Application No.

 

 

 

    Application date

 

 

3.

Payment Details :

 

 

 

    Draft No.

 

 

 

    Amount (Rs.) :

 

 

 

    Draft Date :

 

 

 

    Drawn on :

(Name of the bank)

 

 

    Payable at :

 

 

I.

Name and Address of the Undertaking  

 

 

 

(Indian/Foreign) in Full (Block Letters) :

 

 

(a)

Registered Address :

 

 

 

Name of the Undertaking :

 

 

 

Postal Address :

 

 

 

Pin Code :

 

 

 

Tel. No.

Telex No.

 

 

Fax No.

Cable

 

 

E-mail

 

 

(b)

Address for correspondence [if different from (a) above] :

 

 

 

Name of the undertaking :

 

 

 

Postal Address :

 

 

 

Pin Code :

 

 

 

Tel. No.

Telex No.

 

 

Fax No.

Cable

 

 

E-mail

 

 

II.

Registrar of Companies registration No. (if registered)

 

 

III.

Status of the Undertaking

 

 

 

(1) Central Govt. Undertaking

 

 

 

(2) State Govt. Undertaking

 

 

 

(3)  State Industrial Govt. Corpn.

 

 

 

(4) Cooperative Undertaking

 

 

 

(5) Joint Sector Undertaking

 

 

 

(6) Private Sector Undertaking

 

 

 

(7) Individual Promoter

 

 

 

(8) Foreign/NRI/OCB company

 

 

 

(9) Foreign/NRI individual

 

 

 

(10) Partnership Firm

 

 

 

(11) Registered Societies

 

 

 

(12) Any other (please specify)

 

 

IV.

Particulars of persons proposed for holding more than 20% equity investment in the scheme :

 

 

 

Name of the Undertaking :

 

 

 

Postal Address :

 

 

 

Pin Code :

 

 

 

Tel. No.

Telex No.

 

 

Fax No.

Cable

 

 

E-mail

 

 

 

Permanent Account No.

 

 

 

Percentage  of  proposed   equity investment

 

 

4. I

Proposed location of the Industrial Model Town/Industrial Park/Growth Centre

 

 

 

Address :

 

 

 

District :

 

 

 

State :

 

 

 

Pin Code

Telephone

 

 

Fax

E-mail

 

II.

Proposed area of Industrial Model Town/Industrial Park/Growth Centre (in Acres/Sq. Mtrs. specify).

 

 

III.

Proposed allocable area of Industrial Model Town/Industrial Park/Growth Centre (in Acres/Sq. Mtrs. specify).

 

 

IV.

Proposed activities [Please specify item codes as defined under the National Industrial  Classification  of  all  Economic Activity (NIC), 1987].

 

 

V.

Proposed  percentage  of  allocable area earmarked for industrial use

 

 

VI.

Proposed  percentage  of  allocable area earmarked for commercial use

 

 

VII.

Proposed number of industrial units

 

 

VIII

(a)Total    investment    proposed (Amount in Rupees)

 

 

 

(b) Proposed investment on built up space for Industrial use (if applicable) (Amount in Rupees)

 

 

 

(c) Proposed investment on Infrastructure Development [including (b)] (Amount in Rupees)

 

 

 

(d) Percentage of (c) to (a)

 

 

IX.

Total foreign equity proposed (Amount in Rupees)

 

 

X.

*Expected/Actual Date of commencement of Industrial Model Town/Industrial Park/Growth Centre

 

 

 

*(The ‘Expected/Actual date of commencement of Industrial Model Town/Industrial Park/Growth Centre’ denotes the date when all the infrastructural facilities for the proposed number of industrial units have been provided. If the Park is proposed to be developed in Phases, the detailed information on the same may be also suitably mentioned along with the application).

 

Declaration

 

I/We hereby undertake to continue to operate the Industrial Model Town/Industrial Park during the period in which the benefits under sub-section (4)(iii) of section 80-IA of the Income-tax Act are to be availed.

 

I/We hereby certify that no single unit shall occupy more than fifty per cent of the allocable industrial area of an Industrial Model Town or Industrial Park or Growth Centre.

 

I/We hereby certify that the above statements are true and cor­rect to the best of my/our knowledge and belief.

                                                                                                 ..........................................................

                                                                                                            (Signature of the Applicant)

Place : ........................                                                               ..........................................................

Date : ........................                                                                          (Name in Block Letters)

                                                                                                 ..............................................................

                                                                                                            (Designation of the Signatory)

List of Enclosures :

           1.        ............................................................     5.        ..............................................................

           2.        ............................................................     6.        ..............................................................

           3.        ............................................................     7.        ..............................................................

           4.        ............................................................     8.        ..............................................................

 

GENERAL INSTRUCTIONS

(This part contains information for the guidance of entrepreneurs and may be retained by them; it

 need not accompany the applica­tion)

 

1. All applications for Industrial Model Town/Industrial Park/Growth Centre under the scheme notified by the Ministry of Commerce & Industry are to be submitted in Form No. IPS I to the Entrepreneurial Assistance Unit (EAU) of the Secretariat for Industrial Assistance (SIA), Department of Industrial Policy & Promotion, Udyog Bhavan, New Delhi - 110011 along with an affida­vit certifying the details given in the application. Application for Automatic approval is to be submitted in duplicate and for Non-automatic approval in six sets.

 

2. Application shall be necessarily accompanied by a Demand Draft for Rs. 6,000 (Rupees six thousand only) drawn in favour of “Pay and Accounts Officer, Department of Industrial Development” payable at State Bank of India, Nirman Bhawan Branch, New Delhi.

 

3. To be eligible for Automatic approval, the following condi­tions apply :

 

(i)        The minimum area required to be developed for an Indus­trial Model Town shall be 1000 acres, however, no such minimum acreage is specified for Industrial Park or Growth Centre, the size of which will depend on the nature of the activity.

           (ii)       The project shall have provision for the location of minimum number of industrial units as follows :—

                      Type                                               Minimum No. of units to be provided for

 

           1.        Industrial Model Town                                           50

           2.        Industrial Park                                                       30

           3.        Growth Centre                                                      30

 

(iii)      The minimum percentage of the area to be allocated for industrial use shall not be less than 66% of the total al­locable area. The allocable area will mean—

(a)       in the case of an industrial park referred to in sub-paragraph (b) of paragraph 4 and making available built-up space, the net floor area available for allocation which excludes the built-up space used for providing common facilities;

(b)       in any other case, the net area available for alloca­tion for industrial, commercial or residential purpose which excludes the areas used for providing of common facilities.

(iv)      Industrial use shall include any activity defined in the National Industrial Classification, 1987 Code

except the fol­lowing :—

                      Section 0

                      Section 1

                      Section 5

                      Section 7 excluding Division 75

                      Section 8 excluding Groups 892, 893, 894, 895

                      Section 9

                      Section X

                      Section XI

           (v)       The percentage of land, to be earmarked for commercial use shall not exceed more than 10% of the allocable area.

(vi)      In case of an Industrial Model Town and Industrial Park, the minimum investment on infrastructure development shall not be less than 50% of the total project cost. In case of a project of Industrial Park, which provides built-up space for industrial use, the minimum expenditure on infrastructure development in­cluding cost of construction of industrial space shall not be less than 60% of the total project cost.

(vii)     Infrastructure development means air-conditioning, roads (including approach roads), water supply and sewerage, common effluent treatment facility, telecom network, generation and distribution of power and such other facilities as are for common use for industrial activity which are identifiable and are provided on commercial terms.

(viii)    No single unit in any project shall occupy more than 50% of the allocable industrial area of an Industrial Model Town/Industrial Park/Growth Centre. For this purpose a unit means a separate taxable entity.

(ix)      Approval of the Foreign Investment Promotion Board/Reserve Bank of India for Foreign Direct Investment/Non-Resident Indian investment, wherever necessary, shall be taken separately as per the policy and procedures in force.

 

 

FORM IPS-II

 

[See Paragraph 9(5)]

 

1.

Name of the Undertaking :

 

 

2.

Name of the persons holding more than 20% equity in­vestment in the Industrial Park :

 

 

3.

Item(s) of industrial activities (Specify item codes as defined under NIC Code, 1987) :

 

 

4.

Location of the Industrial Park :

 

 

5.

Terms of approvals

 

 

S.

No.

Items

Proposed  Actual

Reasons for variations

I.

Capital outlay for the project

 

 

II.

Foreign equity

 

 

III.

Area of the project

 

 

IV.

Allocable area of the project

 

 

V.

Number of industrial units in the project

 

 

VI.

%age of allocable area for industrial use

 

 

VII.

%age of allocable area for commercial use

 

 

VIII.

Expenditure on infrastructure development includ­ing investment on built-up space for industrial use

 

 

IX.

Date of commencement of Industrial Park

 

 

6.

If foreign equity investment is involved, whether approval of FIPB/RBI taken. If yes, indicate amount and date. If not, indicate reasons and likely date :

 

 

7.

Indicate briefly the effective steps taken towards implementation e.g., installation of common facilities, No. of units sold or leased, No. of units commencing the industrial activity :

 

 

8.

Specific problems, if any, being faced in implementa­tion, the reasons thereof and the agency/organization concerned :

 

 

 

Notification : No. SO 354(E), dated 1-4-2002

568. Notified undertaking which develops, operates and maintains an industrial park

Notification one

Whereas the Central Government, in exercise of the powers con­ferred by clause (iii) of sub-section (4) of section 80-IA of the Income-tax Act, 1961  (43 of 1961), has framed and notified, by the Notification of the Government of India in the Ministry of Industry (Department of Industrial Policy and Promotion) No. SO 1201(E), dated the 1st December, 1999, a scheme for indus­trial park for the period beginning on the 1st day of April, 1997 and ending on the 31st day of March, 2002:

And whereas the Tidel Park Limited having its registered office at 19A, Rukmani Lakshmipathy Road, Egmore, Chennai, has de­veloped, maintains and operates software technology park for information technology/software technology being an industrial park:

And whereas the Central Government has approved the said Indus­trial Park subject to the terms and conditions and other metters con­nected or incidental thereto mentioned in the Annexure to this Notification.

Now, in exercise of the powers conferred by clause (iii) of sub-section (4) of section 80-IA of the said Act, the Central Govern­ment hereby notifies the software technology park for information technology/software technology developed and being maintained and operated by the Tidel Park Limited, Chennai, as an industrial park for the purposes of the said clause (iii).

Annexure

The terms and conditions on which the approval of Government of India has been accorded for setting up of an Industrial Park by the Tidel Park Limited, Chennai, Tamil Nadu.

1.Proposed location of the Industrial Park

: Tidel Park Limited, Site Office, Canal  Bank Road, District Chennai, Tamil Nadu-600111

2.Proposed area of Industrial Park

: 8.01 Acres

3.Proposed activities of the Industrial Park :

Activity/ Software Development        NIC CODE/892.2

Info Tech.

4.Percentage of allocable area proposed for Industrial use

:81.40 per cent

5.Percentage of land earmarked for commercial use

09.30 per cent

6.Proposed      number      of industrial Units

:50 Units

7.Total investment proposed(amount in rupees)

:32,000 lacs

8.Investment on built-up space for industrial use (amount in rupees)

24,500 lacs

9.        Investment on Infrastructure Development(amount in rupees)

:31,500 lacs

 

 

 

10.  The minimum percentage of the area to be allocated for industrial use shall not be less than 66% of the total allocable area. The allocable area will mean the net area which is available for allocation for industrial, commercial or residential purpose and will exclude such area as is used for provision of common facili­ties like power, telecom, roads, green belt. In case of an Indus­trial Park which is making available the built up space, the allocable area will mean the net floor area which is available for allocation and will exclude the built-up space used for locating common facilities like air-conditioning, telecommunica­tion installations, etc.

11.  Industrial use shall include any activity defined in the National Industrial Classification 1987 code except the following codes :

       Section 0

       Section 1

       Section 5

       Section 7 excluding division 75

       Section 8 excluding Groups 892, 893, 894, 895

       Section 9

       Section X

       Section XI

12.  The percentage of land to be earmarked for commercial use shall not be more than 10 per cent of the allocable area.

13.  In case of an Industrial Model Town and Industrial Park, the minimum investment on infrastructure development shall not be less than 50 per cent of the total project cost. In the case of an Industrial Park which provides built-up space for industrial use, the minimum expenditure on infrastructure devel­opment including cost of construction of industrial space, shall not be less than 60 per cent of the total cost.

14.  Infrastructure development shall include expenditure on common facilities like roads (including approach roads), water supply and sewerage, common effluent treatment facility, genera­tion and distribution of power for use of the units to be located in the Industrial  Model Town/Industrial Park, telecom network etc., and such other facilities as are for common use for indus­trial activity which are identifiable and are provided on commer­cial terms.

15.  No single unit in any project shall occupy more than 50 per cent of the allocable industrial area of an Industrial Model Town Industrial Park. For this purpose, a unit means a separate taxable entity.

16.  Approval for foreign direct investment/non-resident Indian Investment by the Foreign Investment Promotion Board/Reserve Bank of India, wherever necessary, shall be taken separately as per the policy and procedure in force.

17.  The Tidel Park Limited, Chennai, Tamil Nadu, shall continue to operate the Industrial Park during the period in which the benefits under section 80-IA of the Income-tax Act are to be availed.

18.  The Central Government may withdraw the above approval in case the Tidel Park Limited fail to comply with any of the conditions stated above.

Notification : No. SO 1251(E), dated 20-12-1999.

Notification Two

Whereas the Central Government, in exercise of the powers con­ferred by clause (iii) of sub-section (4) of section 80-IA of the Income-tax Act, 1961  (43 of 1961) (hereinafter referred to as said Act), has framed and notified a scheme for Industrial Park, in the Notification of the Government of India in the Ministry of Industry and Commerce (Department of Industrial Policy and Promo­tion) vide  SO 1201(E), dated the 1st December, 1999 for the period beginning on the 1st day of April, 1997 and ending on the 31st day of March, 2002;

And, whereas M/s. Wise Industrial Park Limited having its regis­tered office at Wise Park, 5 km. Milestone, Masuri, Gulawati Road, District Ghaziabad, Uttar Pradesh, has developed, main­tains and operates an agro and food processing Industrial Park;

And, whereas the Central Government has approved the said Indus­trial Park subject to certain terms and conditions mentioned in the Schedule to this Notification;

Now, therefore, in exercise of the powers conferred by clause (iii) of sub-section (4) of section 80-IA of the said Act, the Central Government hereby notifies an undertaking developed and being maintained and operated by the Wise Industrial Park Limit­ed, Ghaziabad, as an industrial park for the purposes of the said clause.

Schedule

The terms and conditions on which the approval of Government of India has been accorded for setting up of an Industrial Park by the Wise Industrial Park Limited, Ghaziabad, Uttar Pradesh.

1.        Proposed location of the Industrial Park

: Wise Park, 5 km. Milestone, Masuri Gulawati Road, District Ghaziabad, Uttar Pradesh

2.        Proposed area of Industrial Park

400 Acres

3.        Proposed activities of the Industrial Park

Activity/ Manufacturers of Food Products, Tobacco, Beverages and related products.   NIC CODE/ Divisions 20, 21 and 22

4.        Percentage of allocable area proposed for Industrial use.

: 66 per cent

5.        Percentage of land earmarked for commercial use.

10 per cent

6.        Proposed number of  Industrial Units.

60-150 Units

7.        Total investment proposed(amount in rupees).

4,005 lacs

8         Investment on built-up space for industrial use (amount in rupees).

: NIL

9.        Investment on Infrastructure Development(amount in rupees).

: 2,955 lacs

 

10.  The minimum percentage of the area to be allocated for industrial use shall not be less than 66 per cent of the total alloca­ble area. The allocable area will mean the net area, which is available for allocation for industrial, commercial or residen­tial purpose and will exclude such area as is used for provision of common facilities like power, telecom, roads, green belt. In case of an Industrial Park which is making available the built-up space, the allocable area will mean the net floor area which is available for allocation and will exclude the built-up space used for locating common facilities like air-conditioning, telecommu­nication installations, etc.

11.  Industrial use shall include any activity defined in the National Industrial Classification 1987 code except the following codes :

       Section 0

       Section 1

       Section 5

       Section 7 excluding division 75

       Section 8 excluding Groups 892, 893, 894, 895

       Section 9

       Section X

       Section XI

12.  The percentage of land to be earmarked for commercial use shall not be more than 10 per cent of the allocable area.

13.  In case of an Industrial Model Town and Industrial Park, the minimum investment on infrastructure development shall not be less than 50 per cent of the total project cost. In the case of an Industrial Park which provides built-up space for industrial use, the minimum expenditure on infrastructure devel­opment including cost of construction of industrial space, shall not be less than 60 per cent of the total cost.

14.  Infrastructure development shall include expenditure on common facilities like roads (including approach roads), water supply and sewerage, common effluent treatment facility, genera­tion and distribution of power for use of the units to be located in the Industrial  Model Town/Industrial Park, telecom network, etc., and such other facilities as are for common use for indus­trial activity which are identifiable and are provided on commer­cial terms.

15.  No single unit in any project shall occupy more than 50 per cent of the allocable industrial area of an Industrial Model Town/Industrial Park. For this purpose a unit means a separate taxable entity.

16.  Approval for foreign direct investment/non-resident Indian investment by the Foreign Investment Promotion Board/Reserve Bank of India, wherever necessary, shall be taken separately as per the policy and procedure in force.

17.  Wise Industrial Park Limited, Ghaziabad, Uttar Pradesh, shall continue to operate the Industrial Park during the period in which the benefits under section 80-IA of the Income-tax Act are to be availed.

18.  The Central Government may withdraw the above approval in case the Wise Industrial Park Limited fail to comply with any of the conditions stated above.

Notification : No. SO 1301(E), dated 28-12-1999.

Notification Three

Whereas the Central Government, in exercise of the powers con­ferred by clause (iii) of sub-section (4) of section 80-IA of the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as said Act), has framed and notified a scheme for industrial park, by the notification of the Government of India in the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) number S.O. 1201(E), dated the 1st December, 1999, for the period beginning on the 1st day of April, 1997 and ending on the 31st day of March, 2002;

And whereas M/s. International Tech Park Limited having its regis­tered office at International Tech Park, Whitefield Road, Banga­lore - 560 066, has developed, maintains and operates an indus­trial park;

And whereas the Central Government has approved the said Industrial Park subject to terms and conditions mentioned in the Annexure to this notification;

Now, therefore, in exercise of the powers conferred by clause (iii) of sub-section (4) of section 80-IA of the said Act, the Central Government hereby notifies the undertaking, developed and being maintained and operated by M/s. International Tech Park Limited, as an industrial park for the purposes of the said clause,

Annexure

The terms and conditions on which the approval of Government of India has been accorded for setting up of an industrial park by the International Tech Park, Bangalore.

1. (i)Name of the Promoter/ Industrial Undertaking

:Information Technology Park Limited

(ii)Proposed location

Address :International Tech Park, Whitefield Road

 

Distt. :                                   Bangalore

State :                                    Karnataka

Pin Code :                              560 066

Tel. No. :                               841 0570

Fax No. :        841 0588

(iii)Proposed area of Industrial Park

1,486,897.5 sq. ft.

(iv)Proposed activities

National Industrial Classifi­cation 1987  Code,

Section 4, section 6, section 7 (division 75 only) and section 8 (Groups 892, 893, 894 and 895 only).

(v) Percentage of allocable area proposed for industrial use

91%

(vi) Percentage of land earmarked for commercial use:

09%

(vii) Proposed No. of industrial  units

100 units

(viii) Total investments proposed (Amount in Rupees):

561.57 crores

(ix)Investment on built-up space for Industrial use

(Amounts in Rupees):

343.95 crores

(x)Investment on Infrastructure Development,(Amount in Rupees) :

413.91 crores

 

2. The minimum percentage of the area to be allocated for industrial use shall not be less than 66 per cent of the total allocable area. The allocable area will mean the net area, which is available for allocation for industrial, commercial or resi­dential purpose and will exclude such area as is used for provi­sion of common facilities like power, telecom, roads, green belt. In case of an Industrial Park which is making available the built-up space, the allocable area will mean the net floor area which is available for allocation and will exclude the built-up space used for locating common facilities like air-conditioning and other telecommunication  installations.

3. Industrial use shall include any activity defined in the National Industrial Classification 1987 code except the following codes :

Section 0        Section 8 excluding Groups 892, 893, 894, 895                  

Section 1        Section 9

Section 5        Section X

Section 7        Section XI

excluding       

Division 75

4. The percentage of land to be earmarked for commercial use shall not be more than 10 per cent of the allocable area.

5. In case of an Industrial Model Town and Industrial Park, the minimum investment on infrastructure development shall not be less than 50 per cent of the total project cost. In the case of a project of an Industrial Park which provides built-up space for industrial use, the minimum expenditure on infrastruc­ture development including cost of construction of industrial space, shall not be less than 60 per cent of the total cost.

6. Infrastructure development shall include expenditure on common facilities like roads (including approach roads), water supply and sewerage, common effluent treatment facility, genera­tion and distribution of power for use of the units to be located in the Industrial Model Town/Industrial Park, telecom network, etc., and such other facilities as are for common use for indus­trial activity which are identifiable and are provided on commer­cial terms.

7. No single unit in any project shall occupy more than 50 per cent of the allocable industrial area of an Industrial Model Town/Industrial Park. For this purpose, a unit means a separate taxable entity.

8. Necessary approvals including that for Foreign Direct Investment Non-Resident Indian Investment by the Foreign Invest­ment Promotion Board/Reserve Bank of India, shall be taken sepa­rately as per the policy and procedure in force.

9. Information Technology Park Limited, International Tech Park, Whitefield Road, Bangalore, shall continue to operate the Industrial Park during the period in which the benefits under section 80-IA of the  Income-tax Act are to be availed.

10. The Central Government may withdraw the above approval in case the Information Technology Park Limited, International Tech Park, Whitefield Road, Bangalore, fail to comply with any of the conditions stated above.

11. Any amendment of the project plan without the approval of the Central Government or detection, in future, of failure on the part of the applicant to disclose any material fact, will invalidate this Notification.

Notification : No. SO 236(E), dated 14-3-2000.

Notification Four

Whereas the Central Government, in exercise of the powers con­ferred by clause (iii) of sub-section (4) of section 80-IA of the Income-tax Act, 1961(43 of 1961) (hereinafter referred to as said Act), has framed and notified a scheme for industrial park, in the notification of the Government of India in the Ministry of Industry and Commerce (Department of Industrial Policy and Promo­tion) vide S.O. 1201(E), dated the 1st December, 1999 for the period beginning on the 1st day of April, 1997 and ending on the 31st day of March, 2002;

And, whereas, M/s. Western India Kinfra Limited, Palakkad, having its registered office at Kinfra House, TC No. 14/1026, Vallayam­balam, Trivendrum-695 010, has developed, maintains and operates an industrial park which is defined as an infrastructural Activity under the Income-tax Act, 1961.

And, whereas, the Central Government has approved the said Indus­trial Park subject to certain terms and conditions mentioned in the schedule to this notification;

Now, therefore, in exercise of the powers conferred by clause (iii) of sub-section (4) of section 80-IA of the said Act, the Central Government hereby notifies an undertaking developed and being maintained and operated by M/s. International Tech Park Limited, as an industrial park for the purposes of the said clause (iii).

Schedule

The terms and conditions on which the approval of the Central Government has been accorded for setting up of an industrial park by the M/s. Western India Kinfra Limited, Palakkad, Kerala.

1. (i) Name of the Promoter/Industrial Undertaking

:M/s. Western India Kinfra Limited

(ii) Proposed location

: Address: Wise Park, Pudussery Central Village, New Industrial Development Area, Kanjikode (P.O.)

 Distt : Palakkad

State : Kerala Pin Code : 678007

(iii) Proposed area of Industrial Park

: 750 Acres.

(iv) Proposed activities

National Industrial Classifica­tion 1987 Code

Section 2&3 (Divisions 20-39), Section 4 (Divisions 40-43), Section 6 (Divisions 60-69), Section 7 (Division 75 only) and Section 8 (Groups 892, 893, 894 & 895).

(v) Percentage of allocable area proposed for industrial use

66.67%

(vi) Percentage of land earmarked for commercial use.

10%

(vii) Proposed No. of industrial units

: 330 units

(viii) Total investments proposed(Amount in Rupees)

58.0142 Crores

(ix) Investment on built up space for Industrial use (amounts in Rupees).

Nil

(x) Investment on Infrastructure

 Development. (Amount in Rupees)

: 41.1738 Crores

   2.  The minimum percentage of the area to be allocated for industrial use shall not be less than 66 per cent of the total allocable area. The allocable area will mean the net area, which is available for allocation for industrial, commercial or resi­dential purpose and will exclude such area as is used for provi­sion of common facilities like power, telecom, roads, green belt. In case of an Industrial Park which is making available the built up space, the allocable area will mean the net floor area which is available for allocation and will exclude the built up space used for locating common facilities like air-conditioning and other telecommunication installations, etc.

   3.  Industrial use shall include any activity defined in the National Industrial Classification 1987 code except the following codes:

Section 0     Section 8 excluding Groups 892, 893, 894, 895

Section 1     Section 9

Section 5     Section X

Section 7     Section XI

excluding

Division 75

   4.  The percentage of land to be earmarked for commercial use shall not be more than 10 per cent of the allocable area.

   5.  In case of an Industrial Model Town and Industrial Park, the minimum investment on infrastructure development shall not be less than 50 per cent of the total project cost. In the case of an Industrial Park which provides built up space for industrial use, the minimum expenditure on infrastructure devel­opment including cost of construction of industrial space, shall not be less than 60 per cent of the total cost.

   6.  Infrastructure development shall include expenditure on common facilities like roads (including approach roads), water supply and sewerage, common effluent treatment facility, genera­tion and distribution of power for use of the units to be located in the Industrial Model Town/Industrial Park, telecom network etc. and such other facilities as are for common use for indus­trial activity which are identifiable and are provided on commer­cial terms.

   7.  No single unit in any project shall occupy more than 50 per cent of the allocable industrial area of an Industrial Model Town/Industrial Park. For this purpose a unit means a separate taxable entity.

   8.  Necessary approvals including that for Foreign Direct Investment/ Non-Resident Indian Investment by the Foreign Invest­ment Promotion Board/Reserve Bank of India, shall be taken sepa­rately as per the policy and procedure in force.

   9.  Wise Park, Pudussery Central Village Development Area Kanjikode (P.O.) Palakkad, Kerala shall continue to operate the Industrial Park during the period in which the benefits under section 80-IA of the Income-tax Act, are to be availed.

10.  The Central Government may withdraw the above approval in case the Western India Kinfra Limited, Palakkad, Kerala fail to comply with any of the conditions stated above.

11.  Any amendment of the project plan without the approval of the Central Government or detection, in future, or failure on the part of the applicant to disclose any material fact, will invalidate the approval of the industrial park.

Notification : No. SO 285(E) dated 28-3-2000, as corrected by Notification No. 11350 [F. No. 178/19/2000-IT(A-I)], dated 26-4-2000.

Notification Five

Whereas the Central Government, in exercise of the powers con­ferred by clause (iii) of sub-section (4) of section 80-IA of the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as said Act), has framed and notified a scheme for industrial park, in the notification of the Government of India in the Ministry of Industry and Commerce (Department of Industrial Policy and Promo­tion) vide S.O. 1201(E), dated the 1st December, 1999 for the period beginning on the 1st day of April, 1997 and ending on the 31st day of March, 2002;

And, whereas M/s. L & T Infocity Limited having its registered office at 1Q4-A1, First Floor, Cybre Tower Hitech City, Madhapur, Hyderabad - 500 023, has developed, maintains and operates an industrial park dealing with Software Supply Services, Business and Management, Technical Consultancy Services and other related matters;

And, whereas the Central Government has approved the said Indus­trial Park subject to certain terms and conditions mentioned in the Schedule to this notification;

Now, therefore, in exercise of the powers conferred by clause (iii) of sub-section (4) of section 80-IA of the said Act, the Central Government hereby notifies an undertaking developed and being maintained and operated by M/s. L&T Infocity Limited, as an industrial park for the purposes of the said clause.

Schedule

The terms and conditions on which the approval of Government of India has been accorded for setting up of an industrial park by the L&T Infocity Limited.

 

1.(i)     Name of the Promoter/ Industrial Undertaking

: L & T Infocity Limited

(ii)      Proposed location

Madhapur Village, Serilingam Palli Municipality

Distt. : Hyderabad

State : Andhra PradesH

Pin Code : 500 033

Tel. No. : 040 310217 to 19

Fax No. : 040 3110216

(iii)     Proposed area of Industrial Park

: 146.09 Acres

(iv)      Proposed activities

Software Supply Services; NIC Code Business and Management; 892,893,894 Technical Consultancy Services and other related matters

(v)       Percentage of allocable area proposed for industrial use

ninety-one per cent

(vi)      Percentage of land earmarked for commercial use

nine per cent

(vii)     Proposed Number of industrial units

: 38 units

(viii)    Total investments proposed(Amount in Rupees)

: 15,00,00 lacs

(ix)      Investment on built up space for Industrial use(amount in rupees)

: 11,50,00 lacs

(x)       Investment on Infrastructure Development (amount in rupees)

: 14,00,00 lacs

 

2. The minimum percentage of the area to be allocated for industrial use shall not be less than 66 per cent of the total allocable area. The allocable area will mean the net area, which is available for allocation for industrial, commercial or resi­dential purpose and will exclude such area as is used for provi­sion of common facilities like power, telecom, roads, green belt. In case of an Industrial Park which is making available the built up space, the allocable area will mean the net floor area which is available for allocation and will exclude the built up space used for locating common facilities like air-conditioning and other telecommunication installations, etc.

3. Industrial use shall include any activity defined in the National Industrial Classification 1987 code except the following codes:

Section 0        Section 8 excluding Groups 892, 893, 894, 895

Section 1        Section 9

Section 5        Section X

Section 7        Section XI

excluding

Division 75

4. The percentage of land to be earmarked for commercial use shall not be more than 10 per cent of the allocable area.

5. In case of an Industrial Model Town and Industrial Park, the minimum investment on infrastructure development shall not be less than 50 per cent of the total project cost. In the case of an Industrial Park which provides built up space for industrial use, the minimum expenditure on infrastructure development in­cluding cost of construction of industrial space, shall not be less than 60 per cent of the total cost.

6. Infrastructure development shall include expenditure on common facilities like roads (including approach roads), water supply and sewerage, common effluent treatment facility, genera­tion and distribution of power for use of the units to be lo­cated in the Industrial Model Town/Industrial Park, telecom net­work etc. and such other facilities as are for common use for industrial activity which are identifiable and are provided on commercial terms.

7. No single unit in any project shall occupy more than 50 per cent of the allocable industrial area of an Industrial Model Town/Industrial Park. For this purpose a unit means a separate taxable entity.

8. Approval for Foreign Direct Investment/Non-Resident Indian Investment by the Foreign Investment Promotion Board/Reserve Bank of India, shall be taken separately as per the policy and proce­dure in force.

9. L&T Infocity Limited, Hyderabad, continue to operate the Industrial Park during the period in which the benefits under section 80-IA of the Income-tax Act are to be availed.

10. The Central Government may withdraw the above approval in case the L&T Infocity Limited, Madhapur, Hyderabad, fail to comply with any of the conditions stated above.

11. Any amendment of the project plan without the approval of the Central Government or detection, in future, of failure on the part of the applicant to disclose any material fact, will invali­date this notification.

Notification : SO 447(E), dated 22-5-2001.

Notification six

Whereas the Central Government, in exercise of the powers con­ferred by clause (iii) of sub-section (4) of section 80-IA of the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as “the said Act”), has framed and notified a scheme for industrial park, in the notification of the Government of India in the Ministry of Industry and Commerce (Department of Industrial Policy and Promo­tion) vide  No. S.O. 354(E), dated the 1st April, 2002 for the period beginning on the 1st day of April, 1997 and ending on the 31st day of March, 2006;

And, whereas, M/s. Tata Housing Development Company Limited, Mumbai, having its registered office at NELCO Complex, Mahakali Caves Road, Chakala, Andheri (East), Mumbai-400 093, has de­veloped, maintains and operates an industrial park which is defined as an infrastructural activity under the Income-tax Act, 1961;

And, whereas, the Central Government has approved the said Indus­trial Park subject to certain terms and conditions mentioned in the schedule to this notification;

Now, therefore, in exercise of the powers conferred by clause (iii) of sub-section (4) of section 80-IA of the said Act, the Central Government hereby notifies an undertaking developed and being maintained and operated by M/s. Tata Housing Development Company Limited, as an industrial park for the purposes of the said clause.

Schedule

The terms and conditions on which the approval of Government of India has been accorded for setting up of an Technopolis Knowl­edge Park Limited, Mumbai.

1. (i)Name of the Promoter/Industrial Undertaking

M/s. Tata Housing Development Company Limited.

(ii)Proposed location

: Address: Mahakali Caves Road,Chakala, Andheri (East)

Distt.                                           :   Mumbai

State                                           :   Maharashtra

Pin Code                                      :   400 093

Tel. No.                                       :   8393991

FAX No.                                     :   8322690

 

(iii)Proposed area of Industrial Park

: 29,320.66 sq. mtrs.

(iv)Proposed activities:

Electricity, gas and water, wholesale and retail trade and restaurants and hotels, communication services, data processing, software development and computer consultancy services, business and management consultan­cy activities, architectural and engineering and other consultan­cy activities, technical testing and analysis services.

 National Industrial Classification Code

Section 4, section 6, section 7 (div. 75) & section 8 (Groups 892, 893, 894 & 895).

(v) Percentage of allocable area proposed for industrial use

: 97%

(vi) Percentage of land ear-marked for commercial use

: 03%

(vii) Proposed No. of industrial units

: 109 units

(viii)Total investments proposed(Amount in Rupees)

: 14,313 lacs

(ix) Investment on built up space for Industrial use (Amounts in Rupees)

: 13,814 lacs

(x) Investment of Infrastructure Development. (Amount in Rupees)

: 13,814 lacs

 

2. The minimum percentage of the area to be allocated for industrial use shall not be less than 66 per cent of the total allocable area. The allocable area will mean the net area, which is available for allocation for industrial, commercial or resi­dential purpose and will exclude such area as is used for provi­sion of common facilities like power, telecom, roads, green belt. In case of an Industrial Park which is making available the built up space, the allocable area will mean the net floor area which is available for allocation and will exclude the built up space used for locating common facilities like air-conditioning and other telecommunication installations, etc.

3. Industrial use shall include any activity defined in the National Industrial Classification 1987 code except the following codes :

Section 0                Section 8 excluding Group 892, 893, 894, 895

Section 1                Section 9

Section 5                Section X

Section 7                Section XI

excluding

Division 75

4. The percentage of land to be earmarked for commercial use shall not be more than 10 per cent of the allocable area.

5. In case of an Industrial Model Town and Industrial Park, the minimum investment on infrastructure development shall not be less than 50 per cent of the total project cost. In the case of an Industrial Park which provides built up space for industrial use, the minimum expenditure on infrastructure devel­opment including cost of construction of industrial space, shall not be less than 60 per cent of the total cost.

6. Infrastructure development shall include expenditure on common facilities like roads (including approach roads), water supply and sewerage, common effluent treatment facility, genera­tion and distribution of power for use of the units to be located in the Industrial Model Town/Industrial Park, telecom network etc. and such other facilities as are for common use for indus­trial activity which are identifiable and are provided on commer­cial terms.

7. No single unit in any project shall occupy more than 50 per cent of the allocable industrial area of an Industrial Model Town or Industrial Park. For this purpose a unit means a separate taxable entity.

8. Necessary approvals including that for Foreign Direct Investment or Non-Resident Indian. Investment by the Foreign Investment Promotion Board or Reserve Bank of India, shall be taken separately as per the policy and procedure in force.

9. Technopolis Knowledge Park Limited, Mumbai shall con­tinue to operate the Industrial Park during the period in which the benefits under section 80-IA of the Income-tax Act are to be availed.

10. The Central Government may withdraw the above approval in case the M/s. Tata Housing Development Company Limited, Mumbai fail to comply with any of the conditions stated above.

11. Any amendment of the project plan without the approval of the Central Government or detection, in future, of failure on the part of the applicant to disclose any material fact, will invalidate this notification.

Notification No. SO 589(E), dated 31-5-2002.

NOTIFICATION SEVEN

Whereas the Central Government, in exercise of the powers conferred by clause (iii) of sub-section (4) of section 80-IA of the Income-tax Act, 1961 (43 of 1961) (hereinafter referred to as said Act) has framed and notified a scheme for industrial park by the notification of the Government of India in the Ministry of Commerce and Industry (Department of Industrial Policy and Promotion) No. S.O. 1201(E) dated the 1st December, 1999 for the period beginning on the 1st day of April, 1997 and ending on the 31st day of March, 2002;

And whereas M/s. L & T Infocity Limited, Hyderabad having its registered office at 1Q4-A1, First Floor, Cyber Towers, HITEC City, Madhapur, Hyderabad - 500 033 has developed, maintains and operates an industrial park;

And whereas the Central Government had approved the said industrial park subject to terms and conditions specified in the Schedule to the notification dated the 22nd May, 2001 vide No. S.O. 447(E);

And whereas, in exercise of the powers conferred by clause (iii) of sub-section (4) of section 80-IA of the said Act, the Central Government had notified the undertaking, developed and being maintained and operated by M/s. L & T Infocity Limited, Hyderabad as an industrial park for the purposes of the said clause;

And, whereas in supersession of earlier notification published in the Gazette of India Part II, section 3(ii) dated the 22nd May, 2001 vide No. S.O. 447(E), the Central Government has approved the industrial park subject to certain terms and conditions mentioned in the Schedule to this notification;

Now, therefore, in exercise of the powers conferred by clause (iii) of sub-section (4) of section 80-IA of the said Act, the Central Government hereby notifies an undertaking developed and being maintained and operated by M/s. L & T Infocity Limited, Hyderabad as an industrial park for the purposes of the said clause.

Schedule

The terms and conditions on which the approval of Government of India has been accorded for setting up of an industrial park by the L & T Infocity Limited, Hyderabad

1.

Name of the Promoter or

:

L & T Infocity Limited

(i)

Industrial Undertaking

 

 

(ii)

Proposed location Address

:

Address : Madhapur Village,

 

 

 

Serilingam Palli, Municipality

 

 

 

Distt. : Ranga Reddy

 

 

 

State : Andhra Pradesh

 

 

 

Pin Code : 500 033

(iii)

Proposed area of Industrial Park

:

14.65 Acres.

(iv)

Proposed activities

 

 

            

Nature of industrial activity with NIC code

 

NIC Code

Description

S.No.

Section

Division

Group

Class

 

A

8

89

892

-

Data processing, software development and computer consultancy services.

B

8

89

893

-

Business & management consultancy activities.

C

8

89

894

-

Architectural & Engineering & other technical consultancy activities.

 

(v)

Percentage of allocable area

:

91%

 

 

earmarked for industrial use

 

 

 

(vi)

Percentage of allocable area

:

09%

 

 

earmarked for commercial use

 

 

 

(vii)

Proposed No. of industrial units

:

50 units

 

(viii)

Total investment proposed

:

Rs. 281 crore

 

(ix)

Investment on built-up space

:

Rs. 220 crore

 

 

for Industrial use

 

 

 

(x)

Investment on Infrastructure

:

Rs. 258 crore

 

 

Development including investment

 

 

 

 

on built-up space for industrial use

 

 

 

(xi)

Actual date of commencement

:

1-4-1998 (Phase I)

 

 

of the Industrial Park

 

31-3-2002 (Phase II)

 

2. The minimum percentage of the area to be allocated for industrial use shall not be less than 66 per cent of the total allocable area. The allocable area will mean the net area, which is available for allocation for industrial, commercial or residential purpose and will exclude such area as is used for provision of common facilities like power, telecom, roads, green belt. In case of an Industrial Park which is making available the built-up space, the allocable area will mean the net floor area which is available for allocation and will exclude the built-up space used for locating common facilities like air-conditioning and other telecommunication installations etc.

3. Industrial use shall include any activity defined in the National Industrial Classification 1987 code except the following codes :

Section 0

Section 8 excluding Group 892, 893, 894, 895

Section 1

Section 9

Section 5

Section X

Section 7

Section XI

excluding

 

Division 75

 

4. The percentage of land to be earmarked for commercial use shall not be more than 10 per cent of the allocable area.

5. In case of an industrial model town and industrial park, the minimum investment on infrastructure development shall not be less than 50 per cent of the total project cost. In the case of an industrial park which provides built up space for industrial use, the minimum expenditure on infrastructure development including cost of construction of industrial space, shall not be less than 60 per cent of the total cost.

6. Infrastructure development shall include expenditure on common facilities like roads (including approach roads), water supply and sewerage, common effluent treatment facility, generation and distribution of power for use of the units to be located in the industrial model town or industrial park, telecom network etc. and such other facilities as are for common use for industrial activity which are identifiable and are provided on commercial terms.

7. No single unit in any project shall occupy more than 50 per cent of the allocable industrial area of an industrial model town or industrial park. For this purpose a unit means a separate taxable entity.

8. Approval for Foreign Direct Investment or Non-Resident Indian Investment by the Foreign Investment Promotion Board or Reserve Bank of India shall be taken separately as per the policy and procedure in force.

9. L & T Infocity Limited, Hyderabad may continue to operate the industrial park during the period in which the benefits under section 80-IA of the Income-tax Act are to be availed.

10. The Central Government may withdraw the above approval in case the L & T Infocity Limited, Hyderabad fails to comply with any of the conditions stated above.

11. Any amendment of the project plan without the approval of the Central Government or detection, in future, of failure on the part of the applicant to disclose any material fact, will invalidate this notification.

Notification No. 49/2004 [F.No. 178/96/99-IT(A-I)(PT.)], dated 13-2-2004.

 

569. Scheme to develop, operate and maintain special economic zones under section 80-IA of the Income-tax Act read with rule 18C(2) of Income-tax Rules

In exercise of the powers conferred under section 80-IA of the Income-tax Act, 1961, read with sub-rule (2) of rule 18C of the Income-tax Rules, 1962, the Central Government hereby makes the following scheme to develop, operate and maintain Special Econom­ic Zones for the period beginning on the 1st day of April, 2001 for the Zones developed on or before 31-3-2006.

1. Objectives of the Scheme

(a)  The scheme shall aim at development of integrated world class infrastructure for exports including carrying out manufac­ture of goods, rendering of services in connection therewith and would include industrial, commercial and social infrastruc­ture. Components of a Special Economic Zone shall include roads, airports, ports, transport system, generation and distribution of power, telecom, hospitals, hotels, educational institutions, leisure and entertainment units, residential/industrial/commercial complexes, water supply sanitation and sewerage system and any other facility required for development of the Zone.

(b)  Special Economic Zones may be developed and managed in the private sector or jointly by State Government and a private agency or exclusively by the State Government or their agencies. In the case of privately developed zones, the investors could be either Indian individuals, NRIs, Indian or foreign companies.

(c)  New infrastructural development works such as construc­tion of Standard Design Factory Building etc. may also be under­taken through private/joint/State sector in the Export Processing Zones converted into Special Economic Zones.

2. Criteria for approval

Proposals for setting up SEZ in the public/private/joint/State sector are required to meet the following conditions :

  (i)  Minimum size of the SEZ shall not be less than 1000 hectares. This would however, not apply to existing EPZs convert­ing into SEZs as such or for notifying additional area as a part of such SEZ or to product specific SEZs.

(ii)  The SEZ and units therein shall abide by local laws, rules, regulations or bye-laws in regard to area planning, sewer­age disposal, pollution control and the like. They shall also comply with industrial and labour laws and such other laws/rules and regulations as may be locally applicable.

(iii)  Such SEZ shall make adequate arrangements to fulfil all the requirements of the laws, rules and procedures applicable to such SEZ.

(iv)  Only units approved under the SEZ Scheme would be permitted to be located in these SEZs. At least 25% area of the SEZ shall be used for developing industrial area for setting up of such units.

(v)  The predominant objective of development of a SEZ would be to create infrastructure which would facilitate setting up of industrial area for units therein as indicated in para (iv) above.

3. Procedure for approval

3.1 Applications (10 copies) indicating the name and address of the applicant, status of the promoter (whether individual/private company/State Government NRIs etc.) along with a project report covering the following particulars shall be submitted to the Chief Secretary of the State :

  (i)  Location of the proposed zone with details of existing and proposed infrastructure.

(ii)  Area of the proposed SEZ and its area distance from the nearest Sea Port/Airport/Rail/Road head etc.

(iii)  Financial details including investment proposed, mode of financing the project and viability of the project.

(iv)  Details of foreign equity and repatriation of dividends etc., if any.

(v)  Whether the zone will allow only certain specific industries or will be a multi-product zone.

3.2 The State Government shall, forward it along with their com­mitment to the following, to the Department of Commerce, Govern­ment of India :

  (i)  The area incorporated in the proposed Special Economic Zone is free from environmental prohibition;

(ii)  Water, Electricity and other services would be provided as required;

(iii)  Full exemption in electricity duty and tax on sale of electricity for self- generated and purchased power;

(iv)  To allow generation, transmission and distribution of power within SEZ ;

(v)  Exemption from State Sales Tax, octroi, mandi tax, turnover tax and taxes, duty, cess, levies on supply of goods from Domestic Tariff Area to SEZ units;

(vi)  For units inside the Zone, the powers under the Industrial Disputes Act and other related Acts would be delegated to the Development Commissioner;

(vii) The Zone will be declared as a Public Utility Service under Industrial Disputes Act;

(viii)    Single point clearances system would be provided to the units in the Zone under State Laws/Rules.

3.3 The proposal incorporating the commitments of the State Government shall be considered by the Board of Approval (BOA) as notified vide Notification No. 14/1/2001-EPZ, dated 7-8-2001.

3.4 On acceptance of the proposal by the BOA, the Department of Commerce will issue a Letter of Permission to the applicant; hereafter referred to as “developer”.

3.5 Developer could undertake activities required for the devel­opment of the zone as per the approval granted by BOA. Other entities, as approved by the BOA, may also undertake approved development activities of the SEZ provided that commercial, resi­dential and recreational facilities shall be approved only if the developer has at least 26% equity in such entities.

3.6 In case of converted EPZ into SEZ approval for development of requirements in infrastructure will have to be obtained from BOA on case to case basis. Para 3.5 shall mutatis mutandis apply to creation of new infrastructure in the converted SEZs.

4. General conditions

(1) The undertaking applying for approval shall undertake to continue to operate under the SEZ Scheme during the period in which benefits under section 80-IA of the Income-tax Act are to be availed.

(2) The Central Government may withdraw the approval given to an undertaking for setting up of SEZ if the undertaking fails to comply with any of the conditions of approval.

5. Agreement with Central Government

The letter of permission issued by the Government of India (Department of Commerce) to the developer for setting up of Special Economic Zone shall be treated as ‘Agreement’ for avail­ing of exemption under section 80-IA of the Income-tax Act.

Notification No. SO 100(E), dated 24-1-2002.

570. Whether Build-Own-Lease-Transfer (BOLT) Scheme of Indian Railways shall be eligible for benefit under section 80-IA, since it is not legally possible for any enterprise other than Indian Rail­ways to maintain and operate Railway System

1. The Finance Act, 1995 has introduced sub-section (4A) in section 80-IA of the Income-tax Act, 1961 providing for a five-year tax holiday and a deduction of 30 per cent in the subsequent five years within a period of twelve assessment years beginning with the assessment year in which an enterprise (which may be owned by a company or a Consortium of companies) begins operating and maintaining an infrastructure facility on Build-Operate-Transfer (BOT) or on Build-Own-Operate-Transfer (BOOT) basis, subject to certain conditions specified in that sub-section.

One of the conditions to be fulfilled by the enterprise is that it should develop, maintain and operate a new infrastructure facility which shall be transferred to the Central Government, etc., within the period stipulated in the agreement. The defini­tion of infrastructure as per sub-section (12) of section 80-IA includes a rail system also.

2. The Indian Railways have formulated a Build-Own-Lease-Transfer (BOLT) Scheme, whereunder a private enterprise will provide the necessary and crucial components of a Railway system, own them for a stipulated period but will not maintain or operate the same. Instead, the enterprise will lease the asset (only neces­sary and crucial components of a Railway System) back to Indian Railways for maintenance and operation, and shall ultimately transfer it to Indian Railways.

3. This is to clarify that, the said (BOLT) Scheme of the Indian Railways shall be eligible for the benefit of section 80-IA of the Income-tax Act, 1961, since it is not legally possible for any enterprise other than the Indian Railways to maintain and operate a Railway System. However, this concession shall be applicable only to an infrastructure facility meant for develop­ment of Rail System and not to any other infrastructure facility including Rolling Stocks.

Circular : No. 733, dated 3-1-1996.

571. Notified infrastructure facility for the purposes of sub-clause (i) of clause (ca) of section 80-IA(12) (as it stood prior to 1-4-2000)

Notification 1

In exercise of the powers conferred by sub-clause (i) of clause (ca) of sub-section (12) of section 80-IA of the Income-tax Act, 1961 (43 of 1961) (as it stood prior to 1-4-2000), the Central Board of Direct Taxes hereby notifies the following as public facilities of similar nature to the infrastructure facility for the purposes of that clause (ca) :—

   1.  Mass Rapid Transit System.

   2.  Light Rail Transit System.

   3.  Expressways.

   4.  Intra-urban/peri-urban roads like ring roads/urban by-passes/flyovers.

   5.  Bus and truck terminals.

   6.  Sub-ways.

Notification : No. SO 469(E), dated 27-6-1997.

Notification 2

In exercise of the powers conferred by clause (ca) of sub-section (12) of section 80-IA of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes hereby notifies Inland Container Depot (ICD) and Container Freight Station (CFS) as infrastructure facility :

Provided that such places are notified as Inland Container Depot including Container Freight Stations under the Customs Act, 1962.

Notification : No. SO 744(E), dated 1-9-1998, as amended by Notification No. SO 391(E), dated 28-5-1999.

572. “Definition of port”

See serial No. 150.

573. Notified areas falling outside local limits of municipality or cantonment board under clause (e) of section 80-IA(12) (as it stood prior to 1-4-2000)

In exercise of powers conferred by clause (e) of sub-section (12) of section 80-IA of the Income-tax Act, 1961 (43 of 1961) (as it stood prior to 1-4-2000), the Central Government, having regard to the stage of development of such area including the extent of and scope for, urbanisation of such area and other relevant consideration specifies the areas shown in column 3 of the Schedule below and falling outside the local limits of the municipality or cantonment board, as the case may be, shown in the corresponding entry in column (2) thereof, for the purposes of the said section, namely :

Schedule

Sl. No.

Name of the municipality or cantonment board

Details of the area

(1)

(2)

(3)

1.

Mumbai, Calcutta, Delhi, Hyderabad, Chennai and - New Delhi

Areas up to a distance of 15 kilo metres in all directions from the municipal limits, or, as the case may be, cantonment limits.

2.

Ahmedabad, Bangalore, Kanpur, Lucknow, Nagpur and Pune

Areas up to a distance of 12 kilo metres in all directions from the municipal limits, or, as the case may be, cantonment limits.

3.

Agra, Allahabad, Amritsar, Bhopal, Cochin,    Coimbatore,   Dhanbad, Gwalior, Indore, Jabalpur, Jaipur, Jamshedpur, Ludhiana,  Madurai, Patna, Salem, Sholapur, Srinagar, Surat, Tiruchirapally, Trivandrum, Varanasi (Benaras) and Vadodara (Baroda)

Areas up to a dis­tance of 10 kilo- metres in all direc­tions from the municipal limits, or, as the case may be, cantonment limits.

4.

Any other municipality or cantonment board

Areas up to a 8 kilome­tres in all directions  from  the  munici­pal limits, or, as the case may be, cantonment limits.

 

2. It shall be deemed to have come into force on the 1st day of April, 1998.

Explanatory memorandum

Clause (iiia) of sub-section (4) of section 80-IA provides fiscal incentives for hotel located in a hilly area or rural area or a place of pilgrimage, which started functioning at any time during the period from 1-4-1997 to 31-3-2001. This clause was inserted by the Finance Act, 1997 w.e.f. 1-4-1998 which is the date from which the provision came into operation. In order to notify rural areas for the purpose of this section, this Notification is being brought with retrospective effect from 1-4-1998. The retrospec­tive operation of this Notification will not adversely effect the interest of assessees.

Notification: No. SO 1014(E), dated 6-10-1999.