IN FORCE Policy Relaxation Committee Advance Authorisation 2008-06-23

DGFT Committee Minutes

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MINUTES OF THE POLICY RELAXATION COMMITTEE (PRC) MEETING NO.02/AM09 HELD ON 23.06.2008 AT 3.00 PM UNDER THE CHAIRMANSHIP OF SHRI R.S.GUJRAL, DGFT.

     PRC Meeting was held under the Chairmanship of DGFT and list of officers present in the 

meeting is given in Annexure-I.

      Individual cases taken up for discussion and  decisions  are as under and  elaborated in 

Annexure-II

S.No. Name of the firm File Number Subject/Request Decision 1. M/s.Olive Tree Trading (P) Ltd., Pune

01/53/162/971/AM08 /ILS Grant of Import Licence for import of 8000 Kgs. Japanese Rice-Sushi. Approved 2. Shri Diljeet Shah, Mumbai 01/93/180/2115/AM0 /PC-I(B) Request for waiver of testing certificate from ARIA, Pune for import of a battery operated sample bicycle. Approved 3. M/s. L&T Komatsu Ltd., Banglore 01/94/180/954/AM08/ PC-I Revalidation of advance licence No. 0710025247 dt. 11.11.03 for one year Approved 4. M/s. Lasurab International, New Delhi. 01/94/180/646/AM08/ PC-I Extension in EOP of advance licence No. 0510123752 dt. 20.04.04 (dup. Lic. No. 0510139314 dt. 09.10.06 for six months).
Approved 5. M/s. Shalcot Mechanique Pvt. Ltd., New Delhi. 01/92/180/10/AM07/ PC-II Refund of TED Approved 6.
M/s. Yamuna Industries Ltd.,Banglore. 01/92/180/374/AM06/ PC II

Relaxation of time limit
prescribed in Appendix 14-I-H which permits advance DTA sale based on projected exports for first year subject to its adjustment against DTA sale entitlement in the subsequent two years.

Approved 7. M/s. The Metal Powder Co. Ltd., Madurai
(Tamil Nadu) 01/94/180/923/AM08/ PC-I EOP extension against adv. Lic. No. 3510011991 dt. 19.3.2004 for regularization purpose. Approved 8. M/s. The Metal Powder Co. Ltd., Madurai
(Tamil Nadu) 01/94/180/924/AM08/ PC-I EOP extension against adv. Lic. No. 3510010693 dt. 26.10.2003 upto 19.7.2005 for regularization purpose. Approved 9. M/s. Gokaldas India,
Banglore. 01/92/180/131/AM08/ PC-VI Condoning the delay in claiming refund of CST. Approved 10. M/s. Moser Baer India Ltd.,
New Delhi. 01/92/180/108/AM06/ PC-VI Inter-unit transfer of raw materials between two their existing 100% EOU.
Approved

M/s. GE Healthcare Pvt. Ltd.,

Bangalore 01/92/180/0001/AM09/ PC-VI Permission for sub-contracting activities like painting, plating, plastic moulding etc on job work basis in respect of their EHTP unit proposed to be set up for repair and refurbishing of Medical Diagnostic Equipments. Approved 12. M/s. Lupin Ltd., Mumbai. 01/94/180/633/AM08/ PC-4 Clubbing of adv. Lic. nos. (i) 0310074829 dt. 27.02.01, (ii) 0310112374 dt. 03.12.01, (iii) 0310128129 dt. 07.03.02 & (iv) 0310157521 dt. 09.09.02.
Request is for revalidate advance licence

dated 09.09.02 for the purpose of clubbing. Approved 13. M/s. Gyan Silk Mils, Banglore. 01/60/162/598/AM08/ EFGC(PRC) Regarding revalidation of adv. Authorization No. 0710039452 dt. 2.8.2005. Approved 14. M/s.

Karagwal Corporation , Silvassa. 01/53/8/72/K- 4/AM05/Import Cell

i) Request for grant of revalidation beyond 30 months of Import License No. 0350000936 dated 21/4/2005 -Request for revalidation upto 31/10/2008. ii) Request for enhancement in cif value by Rs. 54,73,172/- (US $ 1,33,492). Deferred 15. M/s. Tata Advanced Materials Limited, Karnataka. 01/92/180/114/AM08/PC II

Reimbursement of CST

Approved 16. M/s. Rishiraj Filaments Ltd., Mumbai. 01/60/162/11/AM09/EFGC (PRC) Revalidation of advance authorization No. 0310335475 dt. 22.06.2005 Approved 17. M/s. VVF Ltd., Mumbai 01/94/180/110/AM09/PC-4 Revalidation against advance licence No. 0310318058 dt. 22.2.2005 Approved 18. M/s. Shriram Polytech, Gurgaon. 01/94/180/25/AM09/PC-4 Revalidation of Advance Licence No. 0510161536 dt. 6.7.2005 Approved 19. M/s. Welset Plast Extrusion P. Ltd., Mumbai. 01/94/180/128/AM09/PC-4 Revalidation of Advance Licence No. 0310336132 dt. 27.6.2005 for the purpose of effecting
imports Approved 20. M/s. Shriram Polytech, Gurgaon. 01/94/180/24/AM09/PC-4 Revalidation of Advance Licence No. 0510161535 dt. 6.7.2005 Approved 21. M/s. Jaiprakash Associates Limited, New Delhi. 01/53/8/173/J- 5/AM07/Import Cell

Permission for change

of category of Augusta A-109 helicopter from Private to Passenger for non Scheduled Operation. Approved 22. M/s. Prakash Steelage Ltd., Mumbai. 01/94/180/112/AM09/PC-4 Revalidation of Advance Licence No. 0310315360 dt. 4.2.2005 Approved

M/s. Foods and Inns Ltd., Mumbai. 01/94/180/170/AM08/PC-I Revalidation of Advance Licence No. 0310139189 dt. 24.5.02 for clubbing with advance licence No. 0310134736 dt. 22.04.02. Approved 24.

M/s. Hindustan Petroleum Corporation Ltd., Mumbai.
01/94/180/142/AM08/PC-4 Revalidation of 11 Advance Licences mentioned below for the purpose of payment of NCCD to Customs Authority which was under dispute earlier:-
Approved 25. M/s. Shasun Chemicals and Drugs Ltd., Chennai. 01/94/180/669/AM08/PC-I EOP extension against advance licence No. 0410039948 dt. 30.4.2003 upto 29.10.2006 for regularization.
Approved 26. M/s. May (India) Laboratories P. Ltd., Chennai. 01/94/180/121/AM08/ PC-IV EOP extension against advance licence No. 0410061787 dt. 6.9.2004..
Approved 27.
M/s. Sterlite Industries (I) Ltd., Mumbai. 01/60/162/25/AM09/ EFGC(PRC) Revalidation of advance authorization No. 0310322504 dt. 22.3.2005. Approved 28. M/s DSM Engineering Plastics (India) Pvt. Ltd 01/94/180/449/AM06/ DES VII Relaxation in procedural requirement of the ARE3-A/CT-3 forms in the name of the licence holder against deemed exports/supplies to 100% EOU against 20 advance licences. Approved 29. M/s. KGK Industries, Coimbatore

01/94/180/73/AM09/ PC-4 For condonation of procedural lapse by sending export documents direct to customer instead of sending through bank against advance licence no. 3210026241 dt. 30.11.04.

Approved 30. M/s. Air India, New Delhi 01/94/162/18/AM09/ PC-3 Request for extension of validity of 8 licences issued under Served From India Scheme Approved 31. M/s. Hindustan Construction Company Limitd, Mumbai. 01/93/180/22/AM09/ PC-I(B) Permission to import 4 machines from project site in Saudi Arabia. Approved 32. M/s. Raj Petro Specialities P. Ltd., Mumbai. 01/94/180/119/AM09/ PC-4

Revalidation against advance licence No.0310338417 dated 8.7.2005. Approved 33. M/s. Stylirte Optical Industries, Mumbai 01/94/180/604/AM08/ PC-4

Revalidation against advance licence No.0310257484 dated 10.3.2004.

Approved 34. M/s. Saru Copper Alloy Semis Pvt. Ltd., Meerut. 01/94/180/114/AM09/ PC-4

Revalidation against advance licence No.0510157233 dated 10.5.2005 Approved 35. M/s. Vivil Exports 01/94/180/135/AM09/ PC-4

Revalidation against advance licence No.0310346368 dated Approved

P. Ltd., Mumbai.

6.9.2005.

M/s. Gujarat Agrochem Limitd, Mumbai. 01/60/162/457/AM08/ EFGC(PRC) EOP extension for advance authorization No. 0310228305 dt. 01.10.2003
Approved 37. M/s. Emami Ltd., Kolkata

01/94/180/140/AM09/ PC-4

(i) For Revalidation for further six months; and
(ii) Enhancement and reduction of export obligation and import entitlement on the basis of actual exports made against following four advance licences for six months:-
a) 0210074350 dt. 25.01.2005 b) 0210074216 dt. 20.01.2005 c) 0210074011 dt. 14.01.2005 d) 0210074346 dt. 25.01.2005

Approved 38. M/s. United Metal Industries, Chennai.

01/94/180/116/AM09/ PC-4

Revalidation against advance licence No.0410070959 dated 1.6.2005.

Approved 39. M/s. Lupin Ltd. O1/82/162/1352/ AM05/DES-III Request for regularization of Pre- import condition – Pen. G Potassium First Crystals. Approved 40. M/s.Romsons International, New Delhi

01/60/162/25/AM08 /EFGC(PRC) Revalidation of their Advance Licence No. 0510149593 25.1.2005 Approved 41. M/s. BASF Catalyst India Pvt. Ltd,
Chennai. (earlier
M/s. Engelhard Environmental Systems (India) pvt. Ltd, ) 01/53/8/700/B- 41/AM08/Import Cell

Policy Relaxation of Para 2.26 of
Foreign Trade Policy – Endorsement “ Valid for goods already shipped/arrived and cleared”. Approved 42. M/s.Romsons International, New Delhi

01/60/162/579/AM08 /EFGC(PRC) Revalidation of their Advance Licence No. 0510152744 10.3.2005 Approved 43. M/s. Sholingur Textiles Ltd., Chennai 01/94/180/144/AM09/ PC-4 EOP Extension for the Export Product Carded Cotton Yarn of Counts below 40s against Advance Authorisation No. 0410069435 dt. 7.4.2006. Approved 44. M/s. Bharat Petroleum Corporation Ltd., Mumbai 01/94/180/323/AM08/ PC-4 Revalidation of three advance licences for the purpose of clubbing with anot her advance licences. Approved

M/s. Gland Pharma

Ltd., Hyderabad 01/60/162/87/AM09 /EFGC(PRC) EOP extension of Advance licence No. 0910018480 dated 14.05.2004 Approved 46. M/s. Dinesh Chandra Papers Private Limited, Chennai
01/60/162/048/AM 09/EFGC(PRC)

Revalidation of Advance licence No. 0410072629 dt. 25.7.2005 for six months.

Approved 47. M/s. Ambernath Organics Pvt. Ltd.,, Mumbai 01/60/162/58/AM 09/EFGC(PRC)

Revalidation of Advance licence No. 0310335143 dated 20.6.2005 for six months. Approved 48. M/s. Agri Impex, Karnal 01/60/162/59/AM09/ EFGC(PRC)

Revalidation of Advance licence No. 33100052900 dt. 21.12.2004 for six months.

Approved 49. M/s. S.H. Kelkar & Co. Ltd., Mumbai 01/94/180/97/AM09/ PC-4 Revalidation of advance licence No. 0310294042 dated 28.9.2004 for clubbing with advance licence No. 0310306337 dated 9.12.2004 Approved 50. M/s. IOCEE Exports Ltd., Chennai

01/94/180/775- IOCEE/AM08/ PC-I

Revalidation of erstwhile Pass Book No. 100130 dated 17.8.1995 with a duty crdit of Rs.14,58,103/- as per Hon’ble High Court’s Order dated 11.10.2007 Approved

                                                                                                    ANNEXURE-I

Shri R.S.Gujral, DGFT – in the Chair 2. Shri Shyam Aggawal, Addl. DG 3. Shri S.K. Prasad, Addl. DG 4. Shri Sanjay Ratogi, E.C. 5. Shri S.K.Samal, Jt.DGFT 6. Shri Anil Agarwal, Jt.DGFT 7. Shri A.K. Singh, Jt.DGFT 8. Shri O.P.Hisaria, Jt.DGFT 9. Shri G.S.R. Reddy, Jt.DGFT 10. Shri Tapan Mazumder, Jt.DGFT

Annexure –II
Details of decision taken in individual cases :

Case No. 1: M/s. Olive Tree Trading (P) Ltd., Pune

File No. 01/53/162/971/AM08/ILS Meeting No.02/AM09 date: 23.06.08

Subject: Grant of Import Licence for import of 8000 Kgs. Japanese Rice-

Sushi.

The Committee decided to relax the actual user condition as per the NOC given by Ministry of Agriculture and recommendations of EFC in its meeting dated 13.12.2007. Accordingly, import licence may be issued for import of 8000 kgs. of Japanese Rice-Sushi on a stock and sale basis subject to the condition that the rice to be imported shall be supplied to the restaurant and the items will not be put to retail sale in the market. The import shall also be subject to other regulations of the government in force.

Case No. 2 : M/s. Shri Diljeet Shah, Mumbai

File No. 01/53/162/971/AM08/ILS

Subject: Request for waiver of testing certificate from ARAI, Pune for

import of a battery operated sample bicycle.

The Committee noted that a testing certificate is essential. Accordingly, the same be obtained from the testing agency.

Case No. 3 : M/s. M/s. L&T Komatsu Ltd., Bangalore

File No. 01/94/180/954/AM08/PC-I

Subject: Revalidation of advance licence No. 0710025247 dt. 11.11.03 for

one year.

The Committee noted that EODC has been issued in this case. It was therefore decided to revalidate the advance licence No. 0710025247 dt. 11.11.03 for a period of six months from the date of endorsement in the licence, subject to payment of composition fee @ 1% of the unutilized cif value of the licence and subject to verification of issue of EODC by RA.

Case No. 4 : M/s. Lasurab International, New Delhi.

File No. 01/94/180/646/AM08/PC-I

Subject: Extension in EOP of advance licence No. 0510123752 dt.

20.04.04 (dup. Lic. No. 0510139314 dt. 09.10.06) for six months.

The Committee noted that EO fulfilled in respect of above licence is more than 50% both qty. wise and value wise within valid EOP, as claimed by the firm.
Therefore Committee decided to extend the EO period in respect of advance licence No. 0510123752 dt. 20.04.04 (dup. Lic. No. 0510139314 dt. 09.10.06) for a period of six months from the date of endorsement of the licence subject to payment of composition fee @1% per month on the duty saved amount vis-à-vis the exports to be made after the valid EOP and also subject to verification by RA of EO claimed to have been fulfilled by the firm within the valid EOP.

Case No. 5 : M/s. Shalcot Mechanique Pvt. Ltd., New Delhi

File No. 01/92/180/10/AM07/PC-II

Subject: Refund of TED.

The Committee noted that the basic requirement for refund of TED under Deemed Exports is that refund can be made to either of the parties , the supplier or the recipient of goods, on disclaimer from the other but double benefit should not be given. Since, M/s. Shalcot Mechanique Pvt. Ltd., New Delhi, (supplier) has returned the money to the recipient of goods i.e. M/s. Chenab Textiles Mills, Kathua (J&K), who has given a disclaimer,
Committee decided to allow the refund of TED to the supplier. The Committee also decided to condone the delay in filing of claim. However, refund may be allowed subject to the case being otherwise in order.

Case No. 6 : M/s. M/s. Yamuna Industries Ltd.,Banglore.

File No. 01/92/180/374/AM06/PC II

Subject: Relaxation of time limit prescribed in Appendix 14-I-H which

permits advance DTA sale based on projected exports for first year subject to its adjustment against DTA sale entitlement in the subsequent two years.

The Committee noted that it is a matter of regularization. Hence, the Committee approved to extend the time period for adjustment of advance DTA Sale availed, upto 31.3.07. PRC in its earlier meeting had extended the period upto 10.09.06.

Case No. 7 : M/s. The Metal Powder Co. Ltd., Madurai (Tamil Nadu)

File No. 01/94/180/923/AM08/PC-I

Subject: EOP extension against adv. Lic. No. 3510011991 dt. 19.3.2004

for regularization purpose.

The Committee noted that EO fulfilled in this case is 93.88% qty. wise within valid EOP, as claimed by the firm and the balance EO outside the EOP. Therefore Committee decided to extend the EO period in respect of advance licence No. 3510011991 dt. 19.3.2004, for regularization purposes, subject to payment of composition fee of 1% per month on the duty saved amount vis-a-vis the export made after the valid EOP and also subject to verification by RA of exports claimed to have been made within the valid EOP.

Case No. 8: M/s. The Metal Powder Co. Ltd., Madurai (Tamil Nadu)

File No. . 01/94/180/924/AM08/PC-I

Subject: EOP extension against adv. Lic. No. 3510010693 dt. 20.10.2003

upto 19.7.2005 for regularization purpose.

The Committee noted that EO fulfilled in this case is 87.26% qty. wise within valid EOP, as claimed by the firm and the balance EO outside the EOP. Therefore Committee decided to extend the EO period in respect of advance licence No. 3510010693 dt. 26.10.2003 upto 19.7.2005, for regularization purposes, subject to payment of composition fee of 1% per month on the duty saved amount vis-a-vis the export made after the valid EOP and also subject to verification by RA of exports claimed to have been made within the valid EOP.

Case No. 9 : M/s. Gokaldas India, Bangalore.

File No. 01/92/180/131/AM08/PC-VI

Subject: Condoning the delay in claiming refund of CST.

The Committee examined the request and allowed the time period for filing the claims alongwith late cut as mentioned hereunder:

i) Application received after the expiry of
last date but within 6 months of the last
date 2%

ii) Application received after six months
from the prescribed date of submission
but not later than one year from the prescribed date 5% iii) Application received after one year from the prescribed date of submission but not later than two years from the prescribed date

10%

Case No. 10 : M/s. Baer India Ltd., New Delhi.

File No. 01/92/180/108/AM06/PC-VI

Subject: Inter-unit transfer of raw materials between two of their existing

100% EOUs may be permitted.

The Committee noted that this is a request for transfer raw materials from one EOU to another EOU of the same Company. Hence inter-unit transfer of raw material between two of their existing 100% EOUs, is allowed, subject to prior intimation to be given to the jurisdictional central excise authority and Development Commissioner and maintenance of proper account by both the units.

Case No. 11 : M/s. GE Healthcare Pvt. Ltd., Bangalore

File No. 01/92/180/0001/AM09/PC-VI

Subject: Permission for sub-contracting activities like painting, plating,

plastic moulding etc on job work basis in respect of their EHTP unit proposed to be set up for repair and refurbishing of Medical Diagnostic Equipments.

The Committee noted that Inter-Ministerial Standing committee for STO & EHTP in the meeting held on 27.8.2007 had recommended the above request, for consideration of PRC and the minutes have been approved by CIM as mentioned in the agenda. Accordingly, the Committee decided to approve the request.

Case No. 12 : M/s. Lupin Ltd., Mumbai.

File No. 01/94/180/633/AM08/PC-4 Subject: Clubbing of adv. Lic. nos. (i) 0310074829 dt. 27.02.01, (ii) 0310112374 dt. 03.12.01, (iii) 0310128129 dt. 07.03.02 & (iv) 0310157521 dt. 09.09.02. Request is to revalidate advance licence dated 09.09.02
for the purpose of clubbing.

The Committee decided to revalidate the advance licence No. 0310157521 dt. 09.09.02 for a period of six months from the date of endorsement on the licence, subject to payment of composition fee @ 1% of the unutilized cif value of the licence, only for clubbing purpose and no further import to be allowed against this licence. This is also subject to verification by RA of EO fulfillment status as claimed by the firm within valid EOP.

Case No. 13 : M/s. Gyan Silk Mils, Bangalore.

File No. 01/60/162/598/AM08/EFGC(PRC)

Subject: Regarding revalidation of adv. Authorization No. 0710039452 dt.

2.8.2005.

decided to revalidate the advance authorization 0710039452 dt. 2.8.2005 for a

Case No. 14 : M/s. Karagwal Corporation , Silvassa.

File No. 01/53/8/72/K-4/AM05/Import Cell

Subject: i) Request for grant of revalidation beyond 30 months of Import License

               No. 0350000936 dated 21/4/2005 -Request for revalidation upto   
               31/10/2008. 
          ii) Request for enhancement in cif value by Rs. 54,73,172/-  (US $   
              1,33,492). 

The case was deferred. Committee required the concerned section to bring up the case with more details and facts.

Case No. 15 : M/s. Tata Advanced Materials Limited, Karnataka.

File No. 01/92/180/114/AM08/PC II

Subject: Reimbursement of CST

The Committee noted that as per policy provision, separate Bank account and separate C- form for EOU & DTA units are mandatory. Further CST reimbursement is allowed only for EOU and not for DTA units. Development Commissioner needs to ensure after verifying documents that CST has actually been paid in relation to the raw material procured by 100% EOU. After DC ensures the same, the claim may be allowed with 10% cut in addition to the normal cut imposed for delay in filing claim application.

Case No. 16 : M/s. Rishiraj Filaments Ltd., Mumbai.

File No. 01/60/162/11/AM09/PRC

Subject: Revalidation of advance authorization No. 0310335475 dt. 22.06.2005

decided to revalidate the advance authorization (No. 0310335475 dt. 22.06.2005) for a period of six months from the date of endorsement in the licence, subject to

Case No. 17 : M/s. VVF Ltd., Mumbai

File No. 01/94/180/110/AM09/PC-4

Subject: Revalidation against advance licence No. 0310318058 dt. 22.2.2005

The Committee noted that EO fulfilled in this case is 97.48% qty. wise and 93.45% value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. . 0310318058 dt. 22.2.2005 for a also subject to verification by RA of EO fulfillment status as claimed by the firm within valid EOP.

Case No. 18 : M/s. Shriram Polytech, Gurgaon

File No. 01/94/180/25/AM09/PC-4

Subject: Revalidation of Advance Licence No. 0510161536 dt. 6.7.2005

The Committee noted that EO fulfilled in this case is 100% qty. wise and value wise 98.14% within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. . 0510161536 dt. 6.7.2005 for a period of six months from the date of endorsement in the licence, subject to payment of composition fee @ 1% of the unutilized cif value of the licence and also subject to verification by RA of EO fulfillment status as claimed by the firm.

Case No. 19 : M/s. Welset Plast Extrusion P. Ltd., Mumbai.

File No. 01/94/180/128/AM09/PC-4

Subject: Revalidation of Advance Licence No. 0310336132 dt. 27.6.2005 for the

purpose of effecting imports

The Committee noted that EO fulfilled in this case is 100% qty. wise and value wise 95.25% within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. . 0310336132 dt. 27.6.2005 for a period of six months from the date of endorsement in the licence, subject to payment of composition fee @ 1% of the unutilized cif value of the licence and also subject to verification by RA of EO fulfillment status as claimed by the firm.

Case No. 20 : M/s. Shriram Polytech, Gurgaon.

File No. 01/94/180/24/AM09/PC-4

Subject: Revalidation of Advance Licence No. 0510161535 dt. 6.7.2005

The Committee noted that EO fulfilled in this case is 98.10% qty. wise and 93.15% value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. . . 0510161535 dt. 6.7.2005 for a also subject to verification by RA of EO fulfillment status as claimed by the firm.

Case No.21: M/s. . Jaiprakash Associates Limited, New Delhi.

File No. 01/53/8/173/J-5/AM07/Import Cell

Subject: Permission for change of category of Augusta A-109 helicopter from

Private to Passenger for non Scheduled Operation.

The Committee decided to approve the change of category of Augusta A-109 helicopter from Private to Passenger as per NOC granted by Ministry of Civil Aviation.

Case No. 22 : M/s. Prakash Steelage Ltd., Mumbai.

File No. 01/94/180/112/AM09/PC-4

Subject: Revalidation of Advance Licence No. 0310315360 dt. 4.2.2005

The Committee noted that EO fulfilled in this case is 100% both qty. wise and
value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0310315360 dt. 4.2.2005 for a period of six months from the date of endorsement in the licence, subject to payment of composition fee @ 1% of the unutilized cif value of the licence and also subject to verification by RA of EO fulfillment status as claimed by the firm.

Case No. 23 : M/s. Foods and Inns Ltd., Mumbai.

File No. 01/94/180/170/AM08/PC-I

Subject: Revalidation of Advance Licence No. 0310139189 dt. 24.5.02 for

clubbing with advance licence No. 0310134736 dt. 22.04.02.

Committee noted that the firm has fulfilled E.O. to the extent of 100% in this case within valid EOP. Therefore, the Committee decided to revalidate the advance licence No. 0310139189 dt. 24.5.02 (for clubbing with advance licence No. 0310134736 dt. 22.04.02) for a period of six months from the date of endorsement on the licence, subject to payment of composition fee @ 1% of the unutilized cif value of the licence, only for clubbing purpose and no further import to be allowed against these licences. This is also subject to verification by RA of EO fulfillment status as claimed by the firm within valid EOP.

Case No. 24 : M/s. Hindustan Petroleum Corporation Ltd., Mumbai.

File No. 01/94/180/142/AM08/PC-4

Subject: Revalidation of 11 Advance Licences mentioned below for the purpose

of payment of NCCD to Customs Authority which was under dispute earlier.

S.No. Licence No.
Date i) 0310194275 10.04.2003 ii) 0310259670 19.03.2004 iii) 0310312276 14.01.2005 iv) 0310318673 24.02.2005 v) 0310311782 12.01.2005 vi) 0310318149 23.03.2005 vii) 0310315193 04.02.2005 viii) 0310310048
30.12.2004 ix) 0310312277 14.01.2005 x) 0310321814 17.03.2005 xi) 0310311784 12.01.2005

The Committee noted that the above licences have already been revalidated for one month for the purpose of payment of NCCD only, with the approval of DG on file. Therefore Committee, decided to accord ex-post-facto approval without payment of composition fee.

Case No. 25 : M/s. Shasun Chemicals and Drugs Ltd., Chennai.

File No. 01/94/180/669/AM08/PC-I

Subject: EOP extension against advance licence No. 0410039948 dt. 30.4.2003

upto 29.10.2006 for regularization.

The Committee noted that EO fulfilled in respect of above licence is more than 50% both qty. wise and value wise within valid EOP, as claimed by the firm.
Therefore Committee decided to extend the EO period in respect of advance licence No. 0410039948 dt. 30.4.2003 upto 29.10.2006 for regularization subject to payment of composition fee @1% per month on the duty saved amount vis-à- vis the exports made after the valid EOP and also subject to verification by RA of EO claimed to have been fulfilled by the firm within the valid EOP.

Case No. 26 : M/s. May (India) Laboratories P. Ltd., Chennai.

File No. 01/94/180/121/AM08/PC-IV

Subject: EOP extension against advance licence No. 0410061787 dt. 6.9.2004..

The Committee noted that EO fulfilled in respect of above licence is more than 50% both qty. wise and value wise within valid EOP, as claimed by the firm.
Therefore Committee decided to extend the EO period in respect of advance licence No. 0410061787 dt. 6.9.2004 for a period of six months from the date of endorsement of the licence subject to payment of composition fee @1% per month on the duty saved amount vis-à-vis the exports to be made after the valid EOP and also subject to verification by RA of EO claimed to have been fulfilled by the firm within the valid EOP.

Case No. 27 : M/s. Sterlite Industries (I) Ltd., Mumbai.

File No. 01/60/162/25/AM09/EFGC(PRC)

Subject: Revalidation of advance authorization No. 0310322504 dt. 22.3.2005.

The Committee noted that EO fulfilled in this case is 100% both qty. wise and
value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0310322504 dt. 22.3.2005 for a period of six months from the date of endorsement in the licence, subject to payment of composition fee @ 1% of the unutilized cif value of the licence and also subject to verification by RA of EO fulfillment status as claimed by the firm.

Case No. 28 : M/s. DSM Engineering Plastics (India) Pvt. Ltd

File No. 01/94/180/449/AM06/DES VII

Subject: Relaxation in procedural requirement of the ARE3-A/CT-3 forms in the

name of the licence holder against deemed exports/supplies to 100% EOU against 20 advance licences.

The Committee noted that the firm have represented that they had cleared deemed export goods to EOU units under AR3-A under Notification No. 36/2001 CE (NT) dated 26.06.2001 (erstwhile Notification No. 27/92 CE (NT) dated 09.10.1992) under Central Excise registration of M/s. Century Enka Ltd., Pune (Cenka). The firm has stated that AR3-A for supplies against the advance licences has been made in the name of M/s. Century against excise delivery invoice, as per the conversion/compounding agreement with them. However, due to mistake, they failed to indicate that clearance of goods by Cenka is made under the agreement with M/s. DSM.

Assistant Commissioner, Central Excise, Pune has also confirmed vide their letter No. VIII/Cus/216/Tech/01/709 dated 07.03.2008 that M/s. DSM Engineering
Plastics India Ltd. are exempted from formalities of obtaining a separate Excise Registration subject to fulfillment of certain conditions as prescribed under Central Excise Notification No. 27/92 CE (NT) dated 09.10.1992 (Amended as 36/2001 CE (NT) dated 26.06.2001) which is still valid and existing.

The Committee also noted that the firm has submitted a C.A. certificate to the effect that sale to the 100% EOUs against supply invoices during the years 2000- 01 to 2005-06 were duly incorporated in the annual turn over of M/s. DSM Engg. Plastic (India) Pvt. Ltd., and also to the effect that the turn over in respect of the supply invoices was not accounted for in the annual turn over of M/s. Century Enka Ltd. The Committee noted that the procedure followed by M/s. DSM Engg. Plastics is consistent with Central Excise Rules. Therefore, it was decided to grant relaxation of procedural requirement of the ARE3A/CT-3 form in the name of the licence holder against deemed exports/ supplies to 100% EOU.

Case No. 29: M/s. . KGK Industries, Coimbatore

File No. 01/94/180/73/AM09/PC-4

Subject: For condonation of procedural lapse by sending export documents direct

to customer instead of sending through bank against advance licence no. 3210026241 dt. 30.11.04.

It was noted by the Committee that at present only Status Holders are entitled for the facility of negotiating the documents directly. However, in this case, as per procedure export proceeds have been realized through the Authorized dealer only. Therefore, Committee decided to condone the procedural lapse in this case of not negotiating export documents through bank.

Case No. 30 : M/s. Air India, New Delhi

File No. 01/94/162/18/AM09/PC-3

Subject: Request for extension of validity of 8 licences issued under Served From

India Scheme.

The Committee noted that the firm were issued SFIS licences in the name of M/s Indian Airlines on 28.03.2006 for the value of Rs. 84 crores whereas they could use the licences amounting to Rs. 30 crores only leaving a balance of Rs. 54 crores owing to the completion of formalities of merger of M/s. Indian Airlines and M/s. Air India and formalities like new IEC & PAN number etc. were to be completed. Therefore, it was decided to extend the validity of following eight licences for a period of one year from the date of endorsement on licences, as a special case.

SFIS Licence No. 0510179587/0/22/00 0510179588/0/22/00 0510179589/0/22/00 0510179590/0/22/00 0510179591/0/22/00 0510179592/0/22/00 0510179593/0/22/00 0510179594/0/22/00

Case No. 31 : M/s. Hindustan Construction Company Limitd, Mumbai.

File No. 01/93/180/22/AM09/PC-I(B)

Subject: Permission to import 4 machines from project site in Saudi Arabia.

The Committee agreed to the request and allowed import of the equipments as per agenda, before completion of the project, as the equipments have been in use for more than one year at the project site.

Case No. 32 : M/s. Raj Petro Specialties P. Ltd., Mumbai.

File No. 01/94/180/119/AM09/PC-4

Subject: Revalidation against advance licence No.0310338417 dated 8.7.2005.

The Committee noted that EO fulfilled in this case is 100% both qty. wise and
value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0310338417 dated 8.7.2005. for a period of six months from the date of endorsement in the licence, subject to payment of composition fee @ 1% of the unutilized cif value of the licence and also subject to verification by RA of EO fulfillment status as claimed by the firm.

Case No. 33 : M/s. Stylrite Optical Industries, Mumbai

File No. 01/94/180/604/AM08/PC-4

Subject: Revalidation against advance licence No.0310257484 dated

10.3.2004.

The Committee noted that EO fulfilled in this case is 100% both qty. wise and
value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0310257484 dated 10.3.2004 for a period of six months from the date of endorsement in the licence, subject to payment of composition fee @ 1% of the unutilized cif value of the licence and also subject to verification by RA of EO fulfillment status as claimed by the firm.

Case No. 34 : M/s. Saru Copper Alloy Semis Pvt. Ltd., Meerut.

File No. 01/94/180/114/AM09/PC-4

Subject: Revalidation against advance licence No.0510157233 dated 10.5.2005

The Committee noted that EO fulfilled in this case is 91.96% qty. wise and 96.92% value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. . 0510157233 dated 10.5.2005 for a also subject to verification by RA of EO fulfillment status as claimed by the firm within valid EOP.

Case No. 35 : M/s. Vivil Exports P. Ltd., Mumbai.

File No. 01/94/180/135/AM09/PC-4

Subject: Revalidation against advance licence No.0310346368 dated 6.9.2005.

decided to revalidate the advance licence No.0310346368 dated 6.9.2005.for a

Case No. 36 : M/s. Gujarat Agrochem Limitd, Mumbai.

File No. 01/60/162/457/AM08/EFGC(PRC)

Subject: EOP extension for advance authorization No. 0310228305 dt.

01.10.2003

The Committee noted that EO fulfilled in respect of above licence is more than 50% both qty. wise and value wise within valid EOP, as claimed by the firm.
Therefore Committee decided to extend the EO period in respect of advance authorization No. 0310228305 dt. 01.10.2003 for a period of six months from the date of endorsement of the licence subject to payment of composition fee @1% per month on the duty saved amount vis-à-vis the exports to be made after the valid EOP and also subject to verification by RA of EO claimed to have been fulfilled by the firm within the valid EOP.

Case No. 37 : M/s. Emami Ltd., Kolkata

File No. 01/94/180/140/AM09/PC-4

Subject: Revalidation of following four Advance licences for further six months:

a) 0210074350 dt. 25.01.2005 b) 0210074216 dt. 20.01.2005 c) 0210074011 dt. 14.01.2005 d) 0210074346 dt. 25.01.2005

The Committee noted that EO has been fulfilled against three advance licences and more than 50% against one advance licence dated 14.01.2005 both qty. wise and value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate these four advance licences for a period of six months from the date of endorsement in the licence, subject to payment of composition fee @ 1% of the unutilized cif value of the licence and also subject to verification by RA of EO fulfillment status as claimed by the firm within valid EOP.

Case No. 38: M/s. United Metal Industries, Chennai

File No. 01/94/180/116/AM09/PC-4

Subject: Revalidation against advance licence No.0410070959 dated 1.6.2005.

The Committee noted that EO fulfilled in this case is more than 100% both qty. wise and value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0410070959 dated 1.6.2005 for a also subject to verification by RA of EO fulfillment status as claimed by the firm.

Case No. 39 : M/s. Lupin Ltd. Mumbai

File No. 01/82/162/1352/AM05/DES-III

Subject: Request for regularization of Pre-import condition – Pen G

Potassium First Crystals.

The Committee noted from the agenda that firm has informed about utilizing the imported inputs i.e Pen G Potassium first Crystals as drug intermediate. Therefore, as per DCGI clarification dated 26.6.2007, it was decided by the Committee to relax non-compliance with the pre-import condition in respect of 34 licences as mentioned hereunder:

SR. NO LICENCE NO. DATE SR. NO LICENCE NO. DATE 1. 310225714 19.09.2003 18. 310251826 09.02.2004 2. 310226639 24.09.2003 19. 310252409 13.02.2004 3. 310226969 25.09.2003 20. 310252416 11.02.2004 4. 310232978 24.10.2003 21. 310252419 11.02.2004 5. 310232984 24.10.2003 22. 310253283 16.02.2004 6. 310235371 07.11.2003 23. 310255075 26.02.2004 7. 310237660 20.11.2003 24. 310256972 09.03.2004 8. 310242081 15.12.2003 25. 310256976 09.03.2004 9. 310243649 23.12.2003 26. 310257587 11.03.2004 10. 310243652 23.12.2003 27. 11.03.2004 15.03.2004 11. 310244154 29.12.2003 28. 310259153 18.03.2004 12. 310246240 08.01.2004 29. 310260246 23.03.2004 13. 310247390 14.01.2004 30. 310260261 23.03.2004 14. 310247602 14.01.2004 31. 310263138 12.04.2004 15. 310247865 16.01.2004 32. 310263563 15.04.2004
16. 310249163 22.01.2004 33. 310264761 21.04.2004
17. 310251099 04.02.2004 34. 310264949 22.04.2004

Case No. 40 : M/s. Romsons International, New Delhi

File No. 01/60/162/25/AM08/EFGC(PRC)

Subject: Revalidation of their Advance Licence No. 0510149593 25.1.2005

decided to revalidate the advance licence No. 0510149593 25.1.2005 for a

Case No. 41 : M/s. BASF Catalyst India Pvt. Ltd, Chennai. (earlier M/s.

Engelhard Environmental Systems (India) pvt. Ltd, ) File No. 01/53/8/700/B-41/AM08/Import Cell

Subject: Policy Relaxation of Para 2.26 of Foreign Trade Policy –

Committee decided to relax the FTP Provision of Para 2.26 and allowed clearance of goods already shipped/arrived and cleared by customs against a licence issued subsequently.

Case No. 42 : M/s. Romsons International, New Delhi

File No. 01/60/162/579/AM08/EFGC(PRC)

Subject: Revalidation of their Advance Licence No. 0510152744 dated

10.3.2005.

decided to revalidate the advance licence No. 0510152744 dated 10.3.2005
for a period of six months from the date of endorsement in the licence, subject to

Case No. 43 : M/s. Sholingur Textiles Ltd., Chennai

File No. 01/94/180/144/AM09/PC-4

Subject: EOP Extension for the Export Product Carded Cotton Yarn of

Counts below 40s against Advance Authorisation No. 0410069435 dt. 7.4.2006.

The Committee noted that EO fulfilled in this case is 100% both qty. wise and value wise within valid EOP for the export item “Combed Cotton yarn

of Counts above 40s” and 37.63% qty. wise and 32.69% value wise for the export product “Combed Cotton Yarn of counts below 40s”,as claimed by the firm. However since, the
input under the licences is same, its export product being similar and overall E.O. fulfillment is more than 50% both qty. & value wise, Committee decided to extend the EO period in respect of advance licence No. 0410069435 dt. 7.4.2006 for a period of six months from the date of endorsement on the licence, subject to payment of composition fee @1% per month on the duty saved amount vis.-a-vis the export to be made after the valid EOP and also subject to verification by RA of EO claimed to have been fulfilled within the valid EOP.

Case No. 44 : M/s. Bharat Petroleum Corporation Ltd., Mumbai

File No. 01/94/180/323/AM08/PC-4

Subject: Revalidation of three advance licences Nos.

         i) 0310148485 dt. 18.07.02   

ii) 0310321062 dt. 11.03.05 ii) 0310294089 dt. 28.09.04
for the purpose of clubbing with another advance licences.

The Committee decided to revalidate the advance licence No. 0310148485 dt. 18.07.02 ,0310321062 dt. 11.03.05 and 0310294089 dt. 28.09.04 for a period of six months from the date of endorsement on the licence, subject to payment of composition fee @ 1% of the unutilized cif value of the licence, only for clubbing purpose and no further import to be allowed against these licences. This is also subject to verification by RA of EO fulfillment status as claimed by the firm within valid EOP.

Case No. 45 : M/s. Gland Pharma Ltd., Hyderabad

File No. 01/60/162/87/AM09/EFGC(PRC)

Subject: EOP extension of Advance licence No. 0910018480 dated 14.05.2004

The Committee noted that EO fulfilled in respect of above licence is more than 50% both qty. wise and value wise within valid EOP, as claimed by the firm.
Therefore Committee decided to extend the EO period in respect of advance licence No. . 0910018480 dated 14.05.2004 for a period of six months from the date of endorsement of the licence subject to payment of composition fee @1% per month on the duty saved amount vis-à-vis the exports to be made after the valid EOP and also subject to verification by RA of EO claimed to have been fulfilled by the firm within the valid EOP.

Case No. 46 : M/s. Dinesh Chandra Papers Private Limited, Chennai

File No. 01/60/162/048/AM09/EFGC(PRC)

Subject: Revalidation of Advance licence No. 0410072629 dt. 25.7.2005 for six

months.

decided to revalidate the advance licence No. 0410072629 dt. 25.7.2005 for a

Case No. 47 : M/s. Ambernath Organics Pvt. Ltd., Mumbai

File No. 01/60/162/58/AM09/EFGC(PRC)

Subject: Revalidation of Advance licence No. 0310335143 dated 20.6.2005 for

six months.

decided to revalidate the advance licence No. 0310335143 dated 20.6.2005 for a

Case No. 48 : M/s. Agri Impex, Karnal

File No. 01/60/162/59/AM09/EFGC(PRC)

Subject: Revalidation of Advance licence No. 33100052900 dt. 21.12.2004 for

six months.

decided to revalidate the advance licence No. 33100052900 dt. 21.12.2004 for a

Case No. 49 : M/s. S.H. Kelkar & Co. Ltd., Mumbai

File No. 01/94/180/97/AM09/PC-4

Subject: Revalidation of advance licence No. 0310294042 dated 28.9.2004 for

clubbing.
Committee noted that E.O. fulfilled against this licence is more than 100%as claimed by the firm. The Committee, therefore, decided to revalidate the advance

licence No. . 0310294042 dated 28.9.2004 for a period of six months from the date of endorsement on the licence, subject to payment of composition fee @ 1%
of the unutilized cif value of the licence only for clubbing purpose and no further import to be allowed against these licences. This is also subject to verification by RA of EO fulfillment status as claimed by the firm within valid EOP.

Case No. 50 : M/s. IOCEE Exports Ltd., Chennai

File No. 01/94/180/775-IOCEE/AM08/PC-I

Subject: Revalidation of Pass Book No. 100130 dated 17.8.1995 with a duty

credit of Rs.14,58,103/- as per Hon’ble High Court’s Order dated 11.10.2007.

In this case it was noted that since the time period of utilization of the credit was allowed by the Office of DGFT vide its Circular No. 15 dated 2.7.1999, and the firm could not utilize the credit for want of a corresponding Customs Notification extending the utilization time period upto 31st December, 1999, the Committee, therefore, allowed revalidation of the Pass Book for utilization within next three months by making appropriate endorsement in the Pass Book.

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