DGFT Minutes

1 MINUTES OF THE POLICY RELAXATION COMMITTEE (PRC) MEETING NO.03/AM09 HELD ON 31.07.2008 AT 11.30 AM UNDER THE CHAIRMANSHIP OF SHRI R.S. GUJRAL, DIRECTOR GENERAL OF FOREIGN TRADE.

PRC Meeting was held under the Chairmanship of DGFT, and list of officers present in the meeting is given below:

Shri V.K. Srivastava, Addl. DG 2. Shri S.K.Samal, Jt.DGFT 3. Shri Anil Agarwal, Jt.DGFT 4. Shri A.K. Singh, Jt.DGFT 5. Shri O.P.Hisaria, Jt.DGFT 6. Shri G.S.R. Reddy, Jt.DGFT 7. Shri Tapan Mazumder, Jt.DGFT 8. Shri A.C. Jha, Dy.DGFT

After deliberation, the following decisions were taken.

Case No. 1: M/s. Wockardt Ltd., Mumbai

File No. 01/690/162/60/AM08/ EFGC(PRC) PRC Meeting No.03/AM09 dated: 31.07.2008

Subject: EOP extension against advance authorization

No. 0310378978 dated 04.05.2006.

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. 0310378978 dt. 04.05.2006 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. 2: M/s. Marvel Industries Ltd., Mumbai.

File No. 01/94/180/229/AM08/PC-I

Subject: Revalidation of advance licence No.0310175804

         dated 1.1.2003 for clubbing with Advance 
         Licence Nos. 0310154774 dt.22.8.2002 &  
         0310178044 dt.2.1.2003.

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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.0310175804 dated 1.1.2003 for clubbing with Advance Licence Nos. 0310154774 dt.22.8.2002 & 0310178044 dt.2.1.2003 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. 3: M/s. Poggen-AMP Nagarsheth Powertronics Ltd., Ahmedabad.

File No. 01/94/180/446/AM08/PC-IV

Subject: EOP Extension against advance licence No. 0810002205 dated

26.4.2000 upto 31.12.2008.

The Committee noted that EO fulfilled in respect of above licence is 71% (qty-wise), 23% within valid EOP and 48% beyond valid EOP upto 30.4.2004, as claimed by the firm. In view of extra ordinary situation arising out of earth quake, as pleaded by the firm, Committee decided to extend the EO period in respect of advance licence No. 0810002205 dated 26.4.2000 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 as stated above.

Case No. 4: M/s. . Shriram Polytech, Gurgaon.

File No. 01/94/180/26/AM09/PC-IV

Subject: Revalidation and enhancement in CIF value of advance licence

No.0510151090 dated 15.2.2005.

The Committee noted that EO fulfilled in this case is more than 50% both qty. wise and value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. . 0510151090 dated 15.2.2005 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 within valid EOP. For enhancement in cif value, the firm may approach RA.

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Case No. 5: M/s. Mangalam Intermediates, Surat.

File No. 01/94/180/165/AM09/PC-IV

Subject: Revalidation of advance licence No.5210017293 dated 25.5.2005.

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. 5210017293 dated 25.5.2005 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. 6: M/s Krishna Antioxidants Pvt. Ltd., Mumbai

File No01/94/180/89/AM09/PC-4 Subject Revalidation of advance licence no. 0310323245 dt.24.03.05 for 6 months.

The Committee noted that EODC has been issued in this case. It was therefore decided to revalidate the advance licence No. 0310323245 dt.24.03.05 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. 7: M/s Hindustan Platinum Pvt. Ltd., Navi Mumbai

File No 01/94/180/48/AM09/PC-4

Subject: Revalidation of advance licence no. 0310321233 dt.14.03.05 for a

period of six months.

It was noted that the firm has fulfilled 100% E.O. (qty-wise) as claimed by the firm, within valid EOP. Therefore, it was decided to revalidate the advance licence No. 0310321233 dt.14.03.05 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.

The Committee examined the request to consider composition fee on the basis of import duty forgone. After deliberation, it was observed that it is difficult to assess value in the individual case and therefore, the request cannot be

4 accepted. It was decided that standard norm of 1% composition fee on
unutilized cif value of licence may be followed.

Case No. 8: M/s Sandoz Pvt. Ltd., Mumbai.

File No 01/94/180/282/AM08/PC-I

Subject: For relaxation from the condition of Policy Circular No.9 dated

30.6.03 for Extension in EO period against advance licence No. 0310351308 dated 11.10.2005 for:-

i) Regularization by way of EOP extension for exports effected from 27.5.06 till September 2007.

ii) Further extension of EOP for a period of 6 months to fulfill the balance EO.

The Committee considered the case and decided to relax the condition of Policy Circular No. 9 dated 30.6.2003 ( as amended) from time to time to be read with Policy Circular No. 18 dated 30.10.2007 only to the effect that for the quantum of inputs imported from unregistered sources and which have already been exported against this advance licence, the exporter need not produce the destruction certificate for that quantity. Committee further decided that for regularization purposes, exports effected outside EOP but within six months of expiry of EOP may also be allowed.

Case No. 9: M/s . Krishna Antioxidants Pvt. Ltd., Mumbai

File No 01/94/180/181/AM09/PC-4

Subject: Revalidation of advance licence no. 0310304361 dt.30.11.04 for

12 months

to revalidate the advance licence No. 0310304361 dt.30.11.04 for a period of six of EODC by RA.

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Case No. 10: M/s . Loyal Textile Mills Ltd., Kovilpatti

File No 01/94/180/216/AM09/PC-4

Subject: Clubbing of advance licence nos. 2303063 dt. 29.07.94, 0007867

dt. 14.07.97 & 0134940 dt. 19.02.99.

The Committee noted that these are very old licences dating back to the period 1994 to 1999 and observed that the request of the firm is unwarranted. Hence rejected.

Case No. 11: M/s . Garware-Wall Ropes Ltd., New Delhi

File No 01/94/180/90/AM09/PC-4

Subject: Revalidation of advance licence no. 31100115259 dt.12.04.2004.

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. 31100115259 dt.12.04.2004 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. 12: M/s . Haldia Petrochemicals Ltd., Kolkata

File No 01/94/180/188/AM09/PC-4

Subject: Revalidation of advance licence no. 0210080523 dt.29.07.05 for

6 months.

The Committee noted that EO fulfilled in this case is 85.99% qty. wise and value wise 100% within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0210080523 dt.29.07.05 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. 13: M/s . Birla VXL Ltd., Jamnagar

File No 01/94/180/911/AM08/PC-4

Subject: Extension in EO period against advance licence no.0020621 dt.

6 13.05.98 without composition fee.

The Committee considered the request of the firm and observed that this is very old case and also noted that earthquake took place in 2001 i.e. after the expiry of EOP. Therefore, the request of the firm is unwarranted, hence rejected.

Case No. 14: M/s . Unichem Laboratories Ltd., Bhopal.

File No 01/94/180/136/AM09/PC-IV

Subject: EOP Extension against advance licence No. P/W/0011663 dated

11.4.97 for regularization purpose.

The Committee noted that EO fulfilled in this case is 100% qty. wise and value wise 73.17% within valid EOP, as claimed by the firm. Therefore Committee decided to : (a) extend EOP for 9 days from 31.8.05 (upto which PRC had already extended the EOP on BIFR grounds) to 8.9.05, only for regularization purpose; and (b) to accept logged DEEC (Export) book (in original) in lieu of original S/Bills.

Case No. 15: M/s . Solar Chemferts P. Ltd., Mumbai

File No 01/94/180/599/AM08/PC-I

Subject: Revalidation of advance licence No.0310285130 dated 10.8.2004.

The Committee noted that EO fulfilled in this case is 93.75% qty. wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0310285130 dated 10.8.2004 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 within valid EOP.

Case No. 16: M/s . Emmessar Biotech & Nutrition Ltd., Mumbai.

File No 01/60/162/373/AM08/EFGC(PRC)

Subject: Revalidation of advance

licence No.0310306066 dt. 8.12.2004.

to revalidate the advance licence No. 0310306066 dt. 8.12.2004 for a period of six

7 of EODC by RA.

Case No. 17: M/s . Sabero Organics Gujarat Ltd., Mumbai

File No 01/60/162/06/AM09/EFGC(PRC)

Subject: Revalidation of advance

authorisation No.0310319863 dt. 3.3.2005.

The Committee noted that EO fulfilled in this case is 100% qty. wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0310319863 dt. 3.3.2005 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 within valid EOP.

Case No. 18: M/s . Jamshedpur Welpack Poly Industries (P) Ltd., Jamshedpur

File No 01/94/180/85/AM09/PC-4

Subject: Extension in EO period against two advance licence nos.

0210018330 dt. 02.01.01 and 0210024068 dt.04.07.01 for a period of 3 months without payment of composition fee.

The decided to reject the request of the firm as no export has been made toward s fulfillment of EO, even after 7 years, from the date of issue of licence.
Further no rehabilitation package by BIFR has been announced. Committee decided to direct the concerned RA to initiate Penal Action against the firm immediately.

Case No. 19: M/s . Ipca Laboratories Ltd., Mumbai

File No 01/94/180/93/AM09/PC-4

Subject: Extension in EO period against advance licence no. 0310295824

dt. 08.10.2004 upto 30.08.2007 for regularization purpose.

The Committee observed that the licence had an initial EOP of 6 months, RA has allowed 6 + 6 months’ extension which is not appropriate. It was decided not to allow any further extension of EOP against this licence.

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Case No. 20: M/s . Sterlite Optical Technologies Ltd., Aurangabad.

File No 01/94/180/948/AM08/PC-IV

Subject: Extension in EOP against 10 Advance Licences mentioned below, till

March’ 2007 for the purpose of clubbing with the advance authorization issued in 2006. S.N Adv. Licence
No. & date

S.N Adv. Licence No. & date
1. 0310034588
dt.13.04.2000 6. 0310048675 dt. 08.08.2000 2. 0310039931
dt.01.06.2000 7. 0310048676 dt.08.08.2000 3. 0310045061
dt.14.07.2000 8. 0310051357 dt.29.08.2000 4. 0310045809
dt.19.07.2000 9. 0310057654 dt.18.10.2000

5. 0310046026 dt.20.7.2000

0310067516 dt.8.1.2001

Committee decided to consider the case as per Standard Policy provisions.

Case No. 21: M/s . Phillips Carbon Black Ltd., Kolkata.

File No 01/94/180/501/AM08/PC-4

Subject: Revalidation of advance licence No.0210060249 dated 23.1.04 for

clubbing with Advance Licence Nos. 0210053615 dt.8.8.03 (ii) 0210054029 dt.19.8.03 (iii) 0210054030 dt.19.8.03 and (iv) 0210054031 dt.19.8.03.

Committee noted that that EO against the licence No., 0210060249 has been fulfilled to the extent of 81% qty. wise and 93% value wise as claimed by the firm. The Committee decided to revalidate the advance licence No. 0210060249 dated 23.1.04 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 with other 4 licences 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.

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Case No. 22: M/s . Parekh Platinum Ltd., Mumbai.

File No 01/94/80/132/AM09/PC-4

Subject: Request of the firm “to grant EOP extension and Revalidation

against Advance Licence No.0310081487 dated 20.4.2001 without any composition fee against advance licence issued in 2001.”

The Committee observed that it is only a BIFR registered case and no BIFR Package has been awarded as on date. Hence, rejected.

Case No. 23: M/s . Precious Plasto Packing Pvt. Ltd., Thane

File No 01/60/162/123/AM09/EFGC(PRC)

Subject: Revalidation of Advance Licence No. 0310317430 dt. 17.2.2005

to revalidate the advance licence No. 0310317430 dt. 17.2.2005 for a period of six of EODC by RA.

Case No. 24: M/s Gyan Silk Mills, Bangalore

File No 01/60/162/114/AM09/EFGC(PRC)

Subject: Revalidation of Advance Licence

No. 0710039622 dt. 10.8.2005

The Committee noted that EODC has been issued in this case. It was therefore decided to revalidate the advance licence No. 0710039622 dt. 10.8.2005 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 subject to verification of issue of EODC by RA.

Case No. 25: M/s . HLS Asia Limited, N.Delhi

File No 01/93/180/061/AM 08/PC-1(B)09/EFGC(PRC)

Subject: Permission for import of mobile oil/ CBM Well Logging Unit

mounted on Kenworth Truck from USA (with Left Hand Steering and

10 control).

The Committee noted this case was earlier considered by PRC and being a Left Hand Drive Vehicle the same was rejected. Subsequently, on a representation of the firm, D/o Road, Transport and Highways has clarified that Section 120 of the Motor Vehicle Act, 1988 does not debar registration of the left hand driven motor vehicle provided it is equipped with the mechanical signaling devices. As the vehicle sought to be imported is fitted with mechanical and electrical signaling devices and it will be used in the enclosed premises, DGFT approved on file necessary permission to the firm. The Committee agreed to approve the case ex-post-facto.

Case No. 26: M/s . American Express Banking Corporation, New Delhi

File No 01/89/180/Misc.04//AM09/PC-2(A)

Subject: Import of one Lamborghini Gallardo Car.

The Committee noted that if this vehicle were imported by an individual, there would be no restriction for import, if type certificate is furnished. Accordingly, this case is approved.

Case No. 27: M/s. Boss Profiles Ltd., Chennai

File No 01/83/50/Dy. No. 12 dt. 20.4.06/DES-IV

Subject: Extension of EOP and waiver of Composition fee for the license

No. 041002315 issued on 21.2.2002.

The Committee accorded ex-post facto approval for the extension of EOP and waiver of composition fee for the licence mentioned above.

Case No. 28: M/s. G.R. Corporation, Kanpur

File No 01/94/180/185/AM09/PC-4

Subject: Revalidation of advance licence no. 0610009195 dt.13.05.05 for

6 months.

The Committee noted that EO fulfilled in this case is almost 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. 0610009195 dt.13.05.05 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.

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Case No. 29: M/s. Raymond Ltd., Mumbai.

File No 01/94/180/204/AM09/PC-4

Subject: Revalidation of advance licence No 0310327742 dated 28.4.05.

The Committee noted that EO fulfilled in this case is more than 50% both qty. wise and value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0310327742 dated 28.4.05 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. 30: M/s C.R.I. Ltd., Kolkata

File No 01/94/180/200/AM09/PC-4

Subject: Revalidation of advance licence no. 0210077233 dt.08.04.05 for a period

of six months.

The Committee noted that EO fulfilled in this case is more than 50% both qty. wise and value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0210077233 dt.08.04.05 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. 31: M/s JFC Business Ltd., Kolkata

File No 01/94/180/96/AM09/PC-4

Subject: Revalidation of advance licence no. 0210077140 dt.06.04.05 for

a period of six months.

The Committee noted that EO fulfilled in this case is more than 50% both qty. wise and value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0210077140 dt.06.04.05 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.

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Case No. 32: M/s Claris Lifesciences Ltd., Ahmedabad

File No 01/94/180/190/AM09/PC-4

Subject: For revalidation of eight advance authorizations as detailed below:

S.No Licence no. & date Date of expiry of permissibl e import validity period (30 months) Balance qty of import (In MT) Balance CIF value of import EO fulfilled (within validity period)

Qty wise value wise i) 0810023252 dt.01.11.02 31.04.05 6632.540 kg (8.85%) Nil 100.45% 117.71% ii) 0810033310 dt. 22.10.03 21.04.06 744.6000 kg (1.45%) Nil 101.54% 116.28% iii) 0810035640 dt.27.01.04 26.07.06 1845.670 kg (4.30%) Nil 253.96% 261.07% iv) 0810036433 dt.26.02.04 25.08.06 6644.170 kg (4.35%) Nil 103.87% 102.43% v) 0810045731 dt.14.02.05 13.08.07 2782.000 kg (2.63%) Nil 180.35% 239.29% vi) 0810019932 dt.05.07.02 04.01.05 1024.98 kg (0.72%) Nil 101.47% 120.99% vii) 0810023251 dt.01.11.02 31.04.05 125347.00 kg (100%) Rs.5228 245/- (100%) 72.78% 68.19% viii) 0810036170 dt.17.02.04 16.08.06 4593.000 kg (4.42%) Nil 109.08% 109.08%

The Committee observed that revalidation application is to be made within 2 years from the date of expiry of licence. Hence revalidation of licences at S.Nos. (i), (vi) and (vii) is not allowed. However, Committee decided to revalidate other licences at S.Nos. (ii), (iii), (iv), (v) and (viii) for a period of six months from the date of endorsement in the licence, subject to 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. 33: M/s Jindal Poly Films Ltd., New Delhi

File No 01/94/180/343/AM08/PC-I Subject: (i) Revalidation of advance licence no. 0510133750 dt.29.07.04 for a period of six months.

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(ii) To extend EOP upto 31.01.07 (iii) To allow basic inputs for manufacture of Polyester Film as per SION H-209 considering the General Note No. 8 of Plastics.

The Committee noted that EO fulfilled in this case is 1104% qty. wise and 1181% value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0510133750 dt.29.07.04 for a period of six months from the date of endorsement in the licence, subject to payment of composition fee to be charged on ehanced cif value, if so enhanced @ 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. 34: M/s Hindustan Composites Ltd., Mumbai

File No 01/94/180/1154/AM08/PC-4

Subject: Condonation of procedural lapse in seeking extension in EO

period of advance licence no. 0310207088 dt.10.06.03 upto 09.12.05 for regularization purpose.

The Committee decided to extend the EO period in respect of advance licence No. 0310207088 dt.10.06.03 upto 09.12.05 for regularization purpose 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. 35: M/s Pantaloon Retail (India) Ltd., Mumbai.

File No 01/94/180/205/AM09/PC-4

Subject: Clubbing of advance licence Nos. 0310223340 dt.8.9.2003 and

(ii) 0310317622 dt.18.2.2005 by way of relaxation of policy provision to revalidate the advance licence No. 0310223340 dt.8.9.2003 beyond 30 months allowed under policy.

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. 0310223340 dt.8.9.2003 for regularization and clubbing purpose only, with Advance Licence No. 0310317622 dt.18.2.2005 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. No further import shall be permitted against the licence to be revalidated.

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Case No. 36: M/s Punjab Woolcombers Ltd., Ludhiana.

File No 01/94/162/917/AM08/PC-4

Subject: Request for relief as per Rehabilitation package sanctioned by

BIFR (vide proceedings dated 6.9.2007 in case No.341/2001) against the following 6 Advance Licences:

(i) No.3010020967 dated 17.12.2002
(ii) No.2107277 dated 4.9.1997
(iii) No.2107151 dated 7.8.1997 (iv) No.3010019881 dated 20.10.2002 (v) No.2107168 dated 1.9.1997 (vi) No.0019294 dated 1.7.1997

The Committee considered the request of the firm and decided that self attested copies of export documents in lieu of original cannot be accepted in any circumstances. Firm may approach the customs for duplicate documents.
Penalty and interest may be waived.

Case No. 37: M/s. Murli Exports, Mumbai

File No 01/94/180/162/AM09/PC-4

Subject: Regarding condonation of delay in filing DEPB application

The Committee considered the request of the firm and decided that the delay in filing DEPB application shall not be condoned as it is beyond 3 years.

Case No. 38: M/s RSWM Ltd., Bhilwara.

File No 01/94/180/98/AM09/PC-4

Subject: Revalidation of advance licence No. 0310329342 dated 9.5.2005.

The Committee considered the request of the firm and decided to allow revalidation of the licence only for imports proportionate to exports made till the date of application, i.e. 17.01.2008 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.

15

Case No. 39: M/s MCC PTA India Corpn. Pvt. Ltd., Kolkata.

File No 01/94/180/524/AM08/PC-45609/PC-4

Subject: Waiver of composition fee imposed by PRC for revalidation of three

advance licence Nos.(i) 0210049106 dt.12.5.03 (ii) 0210052520 dt.17.7.03 and (iii) 0210054856 dt.9.9.03.

The Committee considered the request of the firm and found that the firm had fulfilled export obligation within the validity of the licences and the delay was on the part of RA, Kolkata. It was, therefore, decided for waiver of composition fee imposed by PRC on 19.12.2007 for revalidation of above mentioned three advance licences.

Case No. 40: M/s RSWM Ltd., Bhilwara.

File No 01/94/180/817/AM08/PC-4

Subject: Revalidation of advance licence Nos. 0310231266 dated

16.10.2003 & 0310245371 dated 2.1.2004.

The Committee noted that the firm has requested for revalidation of advance licences to effect imports to the extent of the quantity proportionate to export made by the firm.
It was therefore decided to revalidate the advance licence Nos. 0310231266 dated 16.10.2003 & 0310245371 dated 2.1.2004 on prorata basis proportionate to the exports made upto the date of application, i.e. 23.10.2007, 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. 41: M/s Tata Tea Ltd., Tata Tetley Division. Reference received from

Department of Commerce
File No 01/92/180/20/AM06/PC II

Subject: Extension of shipment period of imported tea.

The Committee considered the request of the firm and decided to allow one year extension subject to the condition as recommended by Tea Board. Separately, however, Export Commissioner will examine whether general amendment in para 6.7
(c )and 4.22 of HBP is needed after taking the views of Tea Board.

Case No. 42: Mr. Minocha Vandeep, M.P.

File No 01/89/180/14/AM09/PC-2(A)

Subject: Import of motor vehicle from a Country other than that of origin.

16

The Committee considered the request of the firm and decided to allow import of motor vehicle from a Country other than that of origin.

Case No. 43: M/s Venkar Chemicals Pvt. Ltd., Hyderabad

File No 01/94/180/120/AM09/PC-IV

Subject: EOP extension upto 21.1.06 against licence No. 0910011772 dated

22.10.2002 for regularization purpose.

The Committee noted that EO fulfilled in this case is more than 50% both in 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. 0910011772 dated 22.10.2002 upto 21.1.06 for regularization purpose only 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. 44: M/s May (India) Laboratories Pvt. Ltd., Chennai

File No 01/94/180/572/AM08/PC-I

Subject: Revalidation of Advance licence No. 0410066944 dated 7.2.05.

The Committee noted that the firm has requested for revalidation of advance licences to effect imports to the extent of the quantity proportionate to export made by the firm.
It was therefore decided to revalidate the advance licence No. 0410066944 dated 7.2.05 on prorata basis for imports proportionate to exports made upto the date receipt of application, i.e. 24.3.2008, 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. 45: M/s Shreya Life Sciences Pvt. Ltd., Mumbai

File No 01/94/180/620/AM08/PC-IV

Subject: Request to consider any three options thereby accepting 4 S/Bills (filed

under DEPB Scheme) for the purpose of EO fulfillment under Adv. Lic. No. 031310300924 dt. 5.11.04.

The Committee considered the request of the firm and decided that DEPB S/Bills can not be accepted for the purpose of E.O. fulfillment under Advance Authorization Scheme. Committee also noted that the duty free materials imported from unregistered source have been claimed to have been used in the export made

17 under DEPB Scheme and accordingly they won’t be in a position to re-export the inputs or destroy the same. Committee decided that in case the firm is unable to
submit S/Bills duly converted under Advance authorization Scheme, the same would be regularized as per policy.

Case No. 46: M/s Vardhman Spinning & General Mills, Ludhiana

File No 01/94/180/108/AM09/PC-IV

Subject: Request to accept the self attested copies of S/bills in lieu of original or

customs attested S/bills as evidence for fulfillment of EO against advance licences.

The Committee decided that self attested copies of Shipping Bills are not to be accepted towards fulfillment of E.O. against advance licences. Hence, request of the firm stands rejected.

Case No. 47: M/s Kalpana Industries Ltd., Kolkatta

File No 01/94/180/199/AM09/PC-IV

Subject: Clubbing of 5 advance licences (i) 0210058508 dt. 10.12.03, (ii)

0210062341 dt. 18.03.04, (iii) 0210056243 dt. 15.10.03, (iv) 0210060404 dt. 29.01.04 & (v) 0210060398 dt. 29.01.04 which would require relaxation of policy provision to revalidate the advance licences at Sl. No. (i), (iii) & (iv) above.

As E.O. fulfilled against the above licences is more than 50% within valid EOP, as claimed by the firm, the Committee decided to revalidate the advance licences at Sl. No. (i), (iii) & (iv) above, for the purpose of clubbing only, for a period of six months from the date of endorsement on the licences, subject to payment of composition fee @ 1% of the unutilized cif value of the licences 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. 48: (i) M/s. Goyal Impex and Industreis Ltd.,

(ii) M/s. Diamond Bink Blackets Ltd., (iii) M/s. Amit International and
(iv)M/s. HLG Trading ( all Group companies). File No 01/94/180/222/AM09/PC-IV
Subject: Revalidation of 102 DEPB scrips.

The Committee considered the request of the firm and decided to allow revalidation of 102 DEPB scrips which expired in the custody of customs.

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Case No. 49: M/s Prayas Woollens Pvt. Ltd., Baroda

File No 01/60/162/403/AM08/EFGC(PRC)

Subject: Revalidation of Advance licence No. 3410011343 dt. 26.8.2004

to revalidate the advance licence No. 3410011343 dt. 26.8.2004 for a period of six of EODC by RA.

Case No. 50: M/s Focus Energy Limited, New Delhi

File No 01/89/180/20/AM09/PC-2(A)

Subject: Request to permit relaxation from compliance of provisions of para 2(II)

of Import Licensing Note to Chapter 87 of ITC(HS) for import of Mobile Drilling Rig.

The Committee considered the request of the firm and decided to allow import of Mobile Rig in relaxation of the provisions mentioned under para 2(II)(c) of the Import Licensing Note below Chapter 87.

Case No. 51: M/s Rayamuthu Ravi Chandran, Tamil Nadu

File No 01/89/180/18/AM09/PC-1(A)

Subject: Import of Motor Vehicle from a Country other than that of origin.

The Committee considered the request of the firm and decided to allow import of Motor Vehicle from a Country other than that of origin.

Case No. 60: M/s. Dhansar Engineering Co. Pvt. Ltd., Jharkand

File No 01/89/180/19/AM09/PC-2(A)

Subject: Request for non requirement of Homologation Certificate for

import of 3 Nos. TR60 off-road Dump Truck Vehicles.

The Committee noted that prima facie, Dump Trucks are on the road. Hence, homologation requirement cannot be dispensed with. Hence, the request is rejected.

Case No. 61: M/s K.K. Traders, Amritsasr

File No 01/53/143/K-7/AM08/Import Cell

Subject: Grant of import licence for import of 150 MT of Saussurea (Kuth-

Lappa)- ITC(HS) 12119046 to be used in Ayurvedic Medicine for stock and sale purposes.

The Committee considered the request of the firm and noted that there is no objection from D/o Agriculture & Cooperation and Ministry of Environment and Forest. Hence, approved the case for stock and sale.

Case No. 62: M/s Metallic bellows India Pvt. Ltd., Chennai

File No 01/94/162/1081/AM08/PC-IV

Subject: To consider free shipping Bills for the purpose of completion of

export obligation under advance authorization Scheme against Advance Licence Nos. 0410054636 dated 16.3.2004 & (ii) 0410083284 dated 1.8.2006.

22

The Committee decided to reject the request of the firm as free shipping bills can not be considered towards fulfillment of E.O. against advance licence.

Case No. 63: M/s Adler Mediequip Pvt. Ltd., Mumbai

File No 01/60/162/76/AM09/EFGC(PRC)

Subject: Revalidation of advance licence No. 0310250867 dt. 3.2.2004 for

six months.

to revalidate the advance licence No. 0310250867 dt. 3.2.2004 for a period of six of EODC by RA.

Case No. 64: M/s. Rushil Décor Ltd., Ahmedabad

File No 01/60/162/139/AM09/EFGC(PRC)

Subject: Revalidation of advance licence No. 0810061562 dt. 19.10.2005

to revalidate the advance licence No. 0810061562 dt. 19.10.2005 for a period of six of EODC by RA.

Case No. 65: M/s Adler Mediequip Pvt. Ltd., Mumbai

File No 01/60/162/75/AM09/EFGC(PRC)

Subject: Revalidation of advance licence No. 0310263483 dt. 13.4.2004 for

six months.

to revalidate the advance licence No. 0310263483 dt. 13.4.2004 for a period of six of EODC by RA.

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Case No. 66: M/s. Western India Granite, Godhra

File No 01/60/162/131/AM09/EFGC(PRC)

Subject: Revalidation of Advance Licence No. 3410013658 dt. 16.06.2005

for six months.

to revalidate the advance licence No. 3410013658 dt. 16.06.2005 for a period of six of EODC by RA.

Case No. 67: M/s. Rushil High Pressure Laminates Private Ltd.,

Ahmedabad
File No 01/60/162/141/AM09/EFGC(PRC)

Subject: Revalidation of advance licence No. 0810035376 dt. 16.01.2004

for six months.

to revalidate the advance licence No. 0810035376 dt. 16.01.2004 for a period of six of EODC by RA.

Case No. 68: M/s Amartara Private Ltd., Mumbai

File No 01/60/162/142/AM09/EFGC(PRC)

Subject: Revalidation of advance licence No. 0310357583 dt. 30.11.2005

for six months.

to revalidate the advance licence No. 0310357583 dt. 30.11.2005 for a period of six of EODC by RA.

Case No. 69: M/s Essel Propack Ltd., Mumbai

File No 01/60/162/133/AM09/EFGC(PRC)

24

Subject: Revalidation of advance licence No. 0310334497 dt. 15.06.2005

for six months.

to revalidate the advance licence No. 0310334497 dt. 15.06.2005 for a period of six of EODC by RA.

Case No. 70: M/s Jindal Poly Films Ltd., N. Delhi

File No 01/60/162/ 150/AM09/EFGC(PRC)

Subject: Revalidation of three advance authorizations

i) AA 0510150348 dt. 03.02.2005 ii) AA 0510168217 dt. 07.10.2005 and
iii) AA 0510176296 dt. 13.02.2006

The Committee noted that EO fulfilled in this case is almost 100% both qty. wise and
value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the above mentioned three advance authorizations for a period of six 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. 71: M/s Gujarat Rafia Industries Ltd., Santej (Gujarat)

File No 01/94/180/242/AM09/PC-I

Subject: Request for EOP Extension of advance authorization No.

0810030957 dt. 22.07.2003 upto 21.07.2006.

The Committee noted that EO fulfilled in this case is 93.82% qty. wise and value wise 93.% within valid EOP, as claimed by the firm. Therefore Committee decided to extend the EO period in respect of advance licence No. 0810030957 dt. 22.07.2003 upto 21.07.2006 for regularization purpose 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. 72: M/s Vidyut Metallics P. Ltd., Mumbai)

File No 01/94/180/340/AM09/PC-4

Subject: Request for Revalidation of advance licence No. 0310155968 dt.

25 29.8.02 for the purpose of clubbing with another advance licence No.0310175782 dt. 1.1.03.

The Committee considered the request of the firm and rejected the case as the firm has applied for revalidation of the advance licence after more than 2 years.

Case No. 73: M/s Aurobindo Pharma Ltd., Hyderabad

File No 01/94/180/ 237 /AM09/PC-4

Subject: Regarding EOP extension in advance authorization No.

910016670 dated 04.12.2003.

The Committee noted that EO fulfilled in respect of above authorization 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. 910016670 dated 04.12.2003 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 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. 74: M/s Thai Nik Nax, Banglore

File No 01/53/8/00023/T-1/Import Cell

Subject: Grant of Import Lience for import of 8000 Kgs. Rice.

The Committee considered the request of the firm and decided to grant import licence for import of 8000 Kgs. Rice from Thailand on stock and sale basis for supply to Chinese restaurants only subject to the conditions laid down by Deptt. of Agriculture and Cooperation.

Case No. 75: M/s Aga Fruits (P) Ltd., Bangalore

File No 01/94/180/135/AM08/PC-4

Subject: For further extension in EO period against their advance licence

no. 0710020626 dt. 17.04.03.

The Committee took an adverse view of RA for taking so much time on their part in computing composition fee. In view of delay on RA’s part, Committee decided to allow further EOP extension upto 31.12.08 as last opportunity without additional composition fee. However, earlier composition fee stands. The Committee also directed RA to convey the decision to the firm within 15 days from the date of receipt of the same.

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Case No. 76: M/s . Rushil Décor Ltd., Ahmedabad

File No 01/60/162/138/AM09/EFGC(PRC)

Subject: Revalidation of advance licence No. 0810049998 dt. 11.08.2005.

to revalidate the advance licence No. 0810049998 dt. 11.08.2005 for a period of six of EODC by RA.

Case No. 77: M/s . Ratnagiri Chemcials Pvt. Ltd., Mumbai

File No 01/60/162/137/AM09/EFGC(PRC)

Subject: Revalidation of advance authorisation No. 0310339193 dt.

14.07.2005.

The Committee noted that EODC has been issued in this case. It was therefore decided to revalidate the advance authorisation No. 0310339193 dt. 14.07.2005 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 subject to verification of issue of EODC by RA.

Case No. 78: M/s . Telco Construction Equipment Co. Ltd., Mumbai

File No 01/94/180/284/AM08/PC-4

Subject: Revalidation of 66 advance licences as per details given below:-

S.No. Licence No. & Date S.No. Licence. No. & Date 1. 0310209511 Dt.
20.06.2003 34. 0310275735 Dt. 21.06.2004 2. 0310209510 Dt. 20.06.2003 35. 0310275162 Dt. 16.06.2004 3. 0310218314 Dt. 12.08.2003 36. 0310275638 Dt. 18.06.2004 4. 0310221055 Dt. 27.08.2003 37. 0310275441 Dt. 18.06.2004 5. 0310221051 Dt. 27.08.2003 38. 0310277090 Dt. 25.06.2004

27 6. 0310232647 Dt. 23.10.2003 39. 0310277210 Dt. 28.06.2004 7. 0310250128 Dt. 29.01.2004 40. 0310278621 Dt. 02.07.2004 8. 0310298428 Dt. 25.10.2004 41. 0310278610 Dt. 02.07.2004 9. 0310232642 Dt. 23.10.2003 42. 0310279463 Dt. 07.07.2004 10. 0310232976 Dt. 24.10.2003 43. 0310279839 Dt. 09.07.2004 11. 0310243199 Dt. 22.12.2003 44. 0310279840 Dt. 09.07.2004 12. 0310240583 Dt. 09.12.2003 45. 0310284355 Dt. 03.08.2004 13. 0310240582 Dt. 09.12.2003 46. 0310288031 Dt. 24.08.2004 14. 0310243608 Dt. 23.12.2003 47. 0310286427 Dt. 17.08.2004 15. 0310245196 Dt. 02.01.2004 48. 0310286433 Dt. 17.08.2004 16. 0310250880 Dt. 03.02.2004 49. 0310286528 Dt. 17.08.2004 17. 0310253316 Dt. 17.02.2004 50. 0310288024 Dt. 24.08.2004 18. 0310252917 Dt. 13.02.2004 51. 0310289991 Dt. 09.09.2004 19. 0310257635 Dt. 11.03.2004 52. 0310291404 Dt. 14.09.2004 20. 0310257639 Dt. 11.03.2004 53. 0310290831 Dt. 10.09.2004 21. 0310257593 Dt. 11.03.2004 54. 0310293634 Dt. 24.09.2004 22. 0310262081 Dt. 01.04.2004 55.

0291404 Dt. 14.09.2004 20. 0310257639 Dt. 11.03.2004 53. 0310290831 Dt. 10.09.2004 21. 0310257593 Dt. 11.03.2004 54. 0310293634 Dt. 24.09.2004 22. 0310262081 Dt. 01.04.2004 55. 0310293641 Dt. 24.09.2004 23. 0310262364 Dt. 05.04.2004 56. 0310296214 Dt. 11.10.2004 24. 0310261852 Dt. 31.03.2004 57. 0310303140 Dt. 22.11.2004 25. 0310261207 Dt. 29.03.2004 58. 0310303152 Dt. 22.11.2004 26. 0310275468 Dt. 18.06.2004 59. 0310303162 Dt. 22.11.2004 27. 0310275161 Dt. 16.06.2004 60. 0310304054 Dt. 29.11.2004

28 28. 0310275127 Dt. 16.06.2004 61. 0310304507 Dt. 01.12.2004 29. 0310275126 Dt. 16.06.2004 62. 0310305140 Dt. 03.12.2004 30. 0310275736 Dt. 21.06.2004 63. 0310305125 Dt. 03.12.2004 31. 0310276053 Dt. 22.06.2004 64. 0310306973 Dt. 14.12.2004 32. 0310276637 Dt. 24.06.2004 65. 0310306968 Dt. 14.12.2004 33. 0310276631 Dt. 24.06.2004 66. 0310309297 Dt. 27.12.2004

The Committee noted that EO fulfilled in 66 Advance Licences is 100% both in qty. wise and value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate these 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.

Case No. 79: M/s . . MCC PTA India Corp. P. Ltd., Kolkata.

File No 01/94/180/198/AM09/PC-4

Subject: Extension in EOP against 3 advance licence Nos. (i) 0210075393

dated 21.2.2005 (ii) 0210074788 dated 2.2.2005 & (iii) 0210075092 dated 15.2.2005 – upto 31.3.2009.

The Committee noted that EO fulfilled in respect of above 3 advance licences is more than 50% both qty. wise and value wise, against all the licences, within valid EOP, as claimed by the firm. Therefore Committee decided to extend the EO period in respect of above mentioned 3 advance licences, 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. 80: M/s . Ganesh Chemical Industries, Mumbai

File No 01/94/180/259/AM09/PC-4 Subject: Revalidation of advance authorisation no. 0310163923 dt.22.10.02 for six months.

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

29 to revalidate the advance authorisation no. 0310163923 dt.22.10.02 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. 81: M/s. Ascent Circuits Pvt. Ltd., Bangalore

File No 01/94/238/259/AM09/PC-4

Subject: To accept supplies made to SEZ alongwith physical exports out

of India for the purpose of EO fulfillment against advance licence no. 0710026010 dt. 15.12.03.

The Committee considered the request of the firm and decided to accept supplies made to SEZ along with physical exports out of India for the purpose of EO fulfillment against advance licence No. 0710026010 dt. 15.12.03.

Case No. 82: M/s. Krishna Goods Service, Goa

File No 01/91/180/637/AM09/PC-3

Subject: Request for issue of Export House Certificate and to amend the

validity/ effective date of the already issued export house certificate for the period 1.4.2004 to 31.3.2009 instead of 1.4.2006 to 31.3.2009.

The Committee decided to reject the request.

Case No. 83: M/s. Amsal Chem Private Limited, Mumbai

File No 01/94/180/ 235 /AM09/PC-4

Subject: Revalidation of advance authorization No. 3410014675 dated

25.10.2005.

The Committee noted that EO fulfilled in this case is 94.29% qty. wise and
128.86% value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. authorization No. 3410014675 dated 25.10.2005 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 within valid EOP.

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Case No. 84: M/s. Welspun Gujarat Stahl Rohren Ltd., Mumbai

File No 01/60/162/27AM09/EFGC(PRC) Meeting No.03/AM09 dated: 31.07.2008

Subject: EOP extension of three advance licences Nos. (i) 0310185263

dt. 25.2.03, (ii) 0310185576 dt. 27.2.03 and (iii) 0310199202 dt. 01.5.03 for clubbing purpose.

The Committee noted that EO fulfilled against above mentioned 3 Advance Licences is more than 50% within valid EOP Hence it was decided to extend the EO period against these licences upto 31.03.08 only for the purpose of clubbing with two current licences No. 0310450398 dt. 15.11.2007 and 0310450436 dt. 16.11.2007, 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.

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