DGFT Committee Minutes
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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