DGFT Committee Minutes

1 MINUTES OF THE POLICY RELAXATION COMMITTEE (PRC) MEETING NO.08/AM09 HELD ON 19.12.2008 AT 11.00 A.M. 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:

  1.         Shri Shyam Aggarwal    Addl. DG 
  2.           Shri V.K. Srivastava       Addl. DG 
  3.           Shri S.K.Samal                Jt.DGFT 
  4.           Shri A.K. Komu              Jt. DGFT 

5.       Shri Anil Agarwal           Jt.DGFT 
   

6.       Shri  A.K. Singh              Jt.DGFT 
   

7.       Shri Tapan Mazumder   Jt.DGFT 
   

8.       Shri Akash Taneja          Jt. DGFT 
   

9.     Shri A.C. Jha                   Dy.DGFT 
   

After deliberation, the following decision were taken.

Case No. 1: M/s. Todi Exports, Mumbai

File No. 01/94/180/536/AM09/PC4 PRC Meeting No.08/AM09 dated: 19.12.2008

Subject: EOP extension of advance licence No.0310011617 dated 5.10.1999.

The Committee noted that EO fulfilled in respect of advance licence No. 0310011617 dt. 05.10.1999 is more than 50%, both qty. wise and value wise within valid EOP for the export product, as claimed by the firm. Further the committee noted that the balance export obligation had already been fulfilled by November, 2003 whereas the EO expired on April 2002. Therefore, Committee decided to extend the EO period upto the end of November, 2003 for regularization of the balance exports already made, 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 and outside EOP.

Case No. 2: M/s. Madhu India Ltd., Lucknow

File No. 01/94/180/573/AM09/PC4

Subject: Extension in EOP against advance licence No. 03030810 dated 16.7.1999 for

regularization of exports effected from 1.7.2003 to 31.10.2005 to enable the firm to redeem the licence.

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The Committee noted that based on the permission granted by ALC vide its decision dated 13.3.03 the exporter transferred the balance raw material imported under advance authorization, to the EOU unit. However, the RA, Mumbai had raised sought clarification as to whether EOP extension would be required for such transfer beyond the EOP (EOP was valid upto 30.06.2003). The committee noted that in the present case since it is the transfer of the raw material imported under advance authorization scheme, the committee decided to grant EOP extension upto 31.10.2005 for the purpose of regularization of the case subject to verification of the claim of the applicant by the RA.

Case No. 3: M/s. Universal Medicap Ltd., Gujarat

File No. 01/94/180/537/AM09/PC4

Subject: Revalidation of Advance Authorization No. 3410014426 dated 26.09.05 and EOP

extension.

The Committee noted that EO fulfilled in respect of Advance licence No. 0310014426 dt. 26.9.05 is 90% qty-wise, within valid EOP, as claimed by the firm. Committee, therefore, decided to revalidate the aforesaid advance licence for a period of six months from the date of communication of the decision of PRC, 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. 4: M/s. MCC PTA India Corporation P. Ltd., Kolkata

File No. 01/94/180/500/AM09/PC-4

Subject: EOP extension against Advance Authorization No. 0210077846 dated 3.5.2005.

The committee noted that EO fulfilled in respect of Advance licence No. 0210077846 dated 3.5.2005 was to the extent of above 85% within the valid EOP, as claimed by the firm. Accordingly, the committee decided to extend EOP for a period of 6 months subject to payment of composition fee @ 1% per month in proportionate to the duty saved amount for the balance inputs in relation to the exports already made/ to be made beyond the EOP and also subject to the verification by RA for the EO fulfillment claimed by the firm within the valid EOP.

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Case No. 5: M/s. Rushil Décor Ltd., Ahmedabad

File No. 01/60/162/249/AM09/EFGC(PRC)

Subject: Revalidation of Advance Licence No. 0810053254 dt. 17.01.2006

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. 0810053254 dt. 17.01.2006 for a period of six months from the date of the communication of the decision of PRC, 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. 6: M/s. Reliance Industries Limited, Mumbai

File No. 01/60/162/355/AM09/EFGC(PRC)

Subject: Revalidation of Advance Licence No. 0310362990 dt. 12.01.2006

The Committee noted that Redemption/EODC has been issued in this case, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0310362990 dt. 12.01.2006 for a period of six months from the date of the communication of the decision of PRC, 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. 7: M/s. Reliance Industries Limited, Mumbai

File No. 01/60/162/356/AM09/EFGC(PRC)

Subject: Revalidation of Advance Licence No. 0310318538 dated 24.02.2005

The Committee noted that EODC has been issued in this case, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0310318538 dated 24.02.2005 for a period of six months from the date of the communication of the decision of PRC, 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. 8: M/s. Reliance Industries Limited, Mumbai

File No. 01/60/162/357/AM09/EFGC(PRC)

Subject: Revalidation of Advance Licence No. 0310334293 dated 14.06.2005

4 The Committee noted that EODC/Bond waiver has been issued in this case, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0310334293 dated 14.06.2005 on prorata basis to exports made, for a period of six months from the date of the communication of the decision of PRC, 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. 9: M/s. Patel Engineering Ltd., Mumbai

File No. 01/89/180//Misc. 01/AM09/PC2(a)

Subject: Relaxation in Policy provisions for import of Used Trucks (Off Highway

Construction Equipment for Sewerage Project of Municipal Corporation of Greater Mumbai.

Committee noted that issue regarding inspection of old vehicles by ARAI was taken up with DOHI in August 2008. However, despite reminders to DOHI no response has been received from them. As the used trucks are to be used in Sewerage Project of BMC, Committee in public interest decided to grant homologation exemption to the 4 used trucks with ‘off road’ usage condition. DOHI may also be informed regarding the aforesaid decision.

Case No. 10: M/s. Patodia Syntex Ltd., Mumbai

File No. 01/94/180/Court Case/AM0-4/PC-4

Subject: Relaxation of pre-import condition for import of raw cotton against advance

licence No. 0309256 dated 23.10.92- Order dat ed 1.9.03 passed by Mumbai High Court in WP No. 1084/1993.

The committee noted that the request was for relaxation of pre-import condition for import of raw cotton against advance licence no. 0309256 dated 23.10.92 and the order dated 1.9.03 passed by the Hon’ble High Court of Mumbai in this matter. Committee also noted the recommendation of Ministry of Textile and accordingly decided to relax the then provision of pre-import condition for the purpose of closure of the aforesaid advance licence.

Case No. 11: M/s. Reliance Industries Limited, Mumbai

File No. 01/60/162/ 358/AM09/EFGC(PRC)

Subject: Revalidation of Advance Licence No. 0310338217 dated 07.07.2005

The Committee noted that EO fulfilled in this case is 80% qty. wise and 87.37% value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0310338217 dated 07.07.2005 prorata to exports

5 made, for a period of six months from the date of the communication of the decision of PRC, 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. 12: M/s. Reliance Industries Limited, Mumbai

File No. 01/60/162/359 /AM09/EFGC(PRC)

Subject: Revalidation of Advance Licence No. 0310342097 dated 09.08.2005

The Committee noted that EODC/Bond waiver has been issued in this case, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0310342097 dated 09.08.2005 prorata to exports made, for a period of six months from the date of the communication of the decision of PRC, 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. Reliance Industries Limited, Mumbai

File No. 01/60/162/ 360//AM09/EFGC(PRC)

Subject: Revalidation of Advance Licence No. 0310359673 dated 15.12.2005

The Committee noted that Redemption/EODC has been issued in this case, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0310359673 dated 15.12.2005 prorata to the exports made, for a period of six months from the date of the communication of the decision of PRC, 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. 14: M/s. Reliance Industries Limited, Mumbai

File No. 01/60/162/ 361/AM09/EFGC(PRC)

Subject: Revalidation of Advance Licence No. 0310360081 dated 19.12.2005

The Committee noted that EO fulfilled in this case is 100% qty. wise and 98.17%
value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0310360081 dated 19.12.2005 prorata to exports made, for a period of six months from the date of the communication of the decision of PRC, 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. 15: M/s. Reliance Industries Limited, Mumbai

File No. 01/60/162/362/AM09/EFGC(PRC)

Subject: Revalidation of Advance Licence No. 0310243687 dated 24.12.2003

The Committee noted that EO fulfilled in this case is 99.50% qty. wise and 100% value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0310243687 dated 24.12.2003 for a period of six months from the date of the communication of the decision of PRC, 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. Meenachil Rubber Wood Ltd., Cochin

File No. 01/36/162/3438/AM03/EPCG-1

Subject: Grant of EO Extension against EPCG licence No. 209366 dated 8.3.1995.

Committee reviewed its decision dated 04.01.2006 and allowed extension of five years in EOP from the expiry of extended period on 08.03.2001 (i.e. from 08.03.2001 to 08.03.2006).

Case No. 17: M/s. Soma Enterprise, Hyderabad

File No. 01/89/180/44/AM09/PC-2(A)

Subject: Import of 1 No. Mobile Material Conveyor System Mounted on mack Chasis of

Model Telebelt TB 130, exclusively meant for the Off the road operation only.

Committee granted exemption from homologation requirements for import of 1 no. mobile material l conveyor system mounted on mach chasis of model no. Telebelt TB 130, with ‘off road’ usage condition.

Case No. 18: M/s. Shri A.K.H. Choksi, Gujarat

File No. 01/89/180/49/AM09/PC-2(A)

Subject: Import of a brand new motor vehicle, Chrysler, Sebring Cabrio, Righ Hand Drive.

Committee allowed import of 1 No. brand new Chrysler (RHD) & granted relaxation on following issues:

(i) Approval and acceptance of Type Approval Certificate issued by accredited agency outside the country of manufacture/origin of goods. (ii) Shipment from country other than the country of manufacture/origin of goods be allowed.

7 (iii) FOB value of goods is UK Pound 21,315/- which is below FOB US$ 40,000, the same may be allowed. (iv) Engine capacity : 2736 CC Petrol (instead of 3000 CC and more) may be allowed.

Case No. 19: M/s. Spectrum Polymers Pvt. Ltd., Mumbai

File No. 01/94/180/521/AM09/PC-4

Subject: Revalidation of advance licence No. 0310376491 dated 19.04.2006.

The Committee noted that EO fulfilled in respect of Advance licence No. 0310376491 dt. 19.04.06 is more than 100% within valid EOP, as claimed by the firm. Committee therefore, decided to revalidate the aforesaid advance licence for a period of six months from the date of communication of the decision of PRC, 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. Devi Polymers Pvt. Ltd., Chennai

File No. 01/94/180/607/AM09/PC-4

Subject: Revalidation of two advance authorization Nos. (i) 0410080680 dated 24.04.2006

and (ii) 0410080312 dated 04/04/2006 for 12 months.

The Committee noted that in respect of Advance licence Nos. 0410080680 dated 24.04.06 and 0410080312 dated 4.4.06, EO had been completely fulfilled within valid EOP, as claimed by the firm. Committee therefore, decided to revalidate the aforesaid advance licence for a period of six months from the date of communication of the decision of PRC, 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. 21: M/s. Modipon Ltd., Modinagar

File No. 01/94/180/597/AM09/PC-4

Subject: Revalidation of Advance Licence No. 0510181201 dated 21.04.2006.

The Committee noted that in respect of Advance licence No. 0510181201 dated 21.4.2006, EO had been fulfilled to the extent of 90% Qty. wise and 62.42% value wise within valid EOP, as claimed by the firm. Committee

8 therefore, decided to revalidate the aforesaid advance licence for a period of six months from the date of communication of the decision of PRC, 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 and also subject to verification by RA for the EO claimed to have been fulfilled by the firm within the valid EOP. This revalidation would be subject to reduction of import entitlement on pro-rata basis by RA.

Case No. 22: M/s. ITC Ltd., Kolkata

File No. 01/94/180/635/AM09/PC-4

Subject: Revalidation of DEPB licence no. 0910027881 dt. 19.10.06 for twelve months.

(transferred DEPBs).

The Committee noted that the DEPB No. 0910027881 dated 19.10.06 could not be utilized in time because of delay in issuance of the Department of Revenue Circular No. 36/2007 dated 3.10.2007 and the EDI constraint for the implementation of the contents of the aforesaid circular at the customs end for the purpose of extending exemption from 4% SAD at the time of clearance against these DEPBs issued under Customs Notification No. 34/97. Accordingly, the Committee decided to extend the validity of the aforesaid DEPB for a period of six months from the date of communication.

Case No. 23: M/s. Jindal Saw Ltd., Nashik

File No. 01/94/180/522/AM09/PC-4

Subject: Revalidation of advance licence No. 3110023075 dt.8.12.2005.

The Committee noted that EO fulfilled in respect of Advance licence No. 3110023075 dt. 08.12.2005 is more than 80.25% Qty. wise and 75.18% value wise within valid EOP, as claimed by the firm. Committee therefore, decided to revalidate the aforesaid advance licence for a period of six months from the date of communication of the decision of PRC, 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. 24: M/s. Welspun Gujarat Stahl Rohren Ltd., Mumbai

File No. 01/60/162/353/AM09/EFGC(PRC)

Subject: Extension in EO period of advance licence No. 0310330948 dt. 20.05.05

for the purpose of regularization and clubbing of the licences with other 7 advance licences.

Committee noted that firm has made exports to the tune of102% of E.O. (qty-wise) and 96.52% (value-wise). However extension of EOP has been requested for the purpose of regularization and clubbing. Therefore, it was decided to extend EOP in respect of Advance Licence No. 0310330948 dt. 20.05.05 for a period of six months from the date of communication of the decision of PRC, only for the purpose of regularization and clubbing with advance licences no. i) 0310332487 dated 01.06.2005, ii) 0310335640 dated 23.06.2005, iii) 0310429077 dated
10.05.2007, iv) 0310450080 dated 13.1.2007, v) 0310450240 dated 14.11.2007, vi) 0310451876 dated 28.11.2007, vii) 0310428457 dated 01.05.2007, subject to payment of composition fee @1% per month on the duty saved amount vis-à-vis the exports made after the expiry of 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. 25: M/s. Precious Plasto Packing Pvt. Ltd., Mumbai

File No. 01/60/162/122/AM09/EFGC(PRC)

Subject: Revalidation of advance licence No. 0310306841 dated 13.12.2004.

The Committee noted that Redemption has been issued in this case, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0310306841 dated 13.12.2004 for a period of six months from the date of the communication of the decision of PRC, 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. 26: M/s. Venus Album Co. Pvt. Ltd., Punjab

File No. 01/60/162/252/AM09/EFGC(PRC)

Subject: Revalidation of advance licence No. 1210003589 dated 18.03.2005.

The Committee noted that EODC has been issued in this case, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 1210003589 dated 18.03.2005 for a period of six months from the date of the communication of the decision of PRC, 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. 27: M/s. Precious Plasto Packing Pvt. Ld., Mumbai

File No. 0/60/162/120/AM09/EFGC(PRC)

Subject: Revalidation of advance licence No. 0310353679 dated 26.10.2005.

The Committee noted that EODC has been issued in this case, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0310353679 dated 26.10.2005 for a period of six months from the date of the communication of the decision of PRC, 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. Parkin Industries Ahmedabad

File No. 01/60/162/248/AM09/EFGC(PRC)

Subject: Revalidation of advance licence No. 0810046178 dated 28.02.2005.

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. 0810046178 dated 28.02.2005 for a period of six months from the date of the communication of the decision of PRC, 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. 29: M/s. Welspun Trading Ltd., Mumbai

File No. 01/60/162/350/AM09/EFGC(PRC)

Subject: Revalidation of advance licence No. 0310364971 dt. 30.01.06

The Committee noted that EO fulfilled in this case is 100.305% qty. wise and 89.171% value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0310364971 dt. 30.01.06 for a period of six months from the date of the communication of the decision of PRC, 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. Welspun Gujarat Stahl Rohren Ltd., Mumbai

File No. 01/60/162/352/AM09/EFGC(PRC)

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Subject: Extension in EO period of advance licence no. 0310332487 dt. 01.06.05 for

the purpose of regularization and clubbing of the licences with other 7 advance licences.

Committee noted that firm has made exports to the tune of 89.96% of E.O. (qty- wise) and 79.69% (value-wise) and extension of EOP has been requested for the purpose of regularization and clubbing. Therefore, it was decided to extend EOP in respect of Advance Licence No. 0310332487 dt. 01.06.05 for a period of six months from the date of communication of the decision of PRC, only for the purpose of regularization and clubbing with advance licences no. i) 0310332487 dated 01.06.2005, ii) 0310335640 dated 23.06.2005, iii) 0310429077 dated
10.05.2007, iv) 0310450080 dated 13.1.2007, v) 0310450240 dated 14.11.2007, vi) 0310451876 dated 28.11.2007, vii) 0310428457 dated 01.05.2007, subject to payment of composition fee @1% per month on the duty saved amount vis-à-vis the exports made after the expiry of 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. 31: M/s. Nippon Audiotronix Ltd., Noida

File No. 01/53/8/354/AM09/N-30/IC

Subject: Grant of Import Licence for import of 100000 Pcs of Remote Control

Operated Electronics Car Security Systems parts for supply to Maruti Udyog on Stock and Sale.

Committee agreed to grant Import Licence for 100,000 pcs of ‘Remote Control Operated Electronics Car Security Systems parts’ on ‘Stock & Sale’ basis for supply to Maruti Udyogg.

Case No. 32: M/s. Hi-Tech Containers, Bangaluru

File No. 01/94/180/604/AM09/PC-4

Subject: Revalidation of advance licence No. 0710042937 dated 02.02.2006.

The Committee noted that EO fulfilled in respect of Advance licence No. 0710042937 dt. 02.02.2006 had fulfilled 100% both Qty. and value wise within valid EOP, as claimed by the firm. Committee therefore, decided to revalidate the aforesaid advance licence for a period of six months from the date of communication of the decision of PRC, 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. Dee Tee Industries Ltd., Indore

File No. 01/94/180/408/AM09/PC-4

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Subject: Extension in EO period of advance licence no. 1110006200 dt. 12.06.03 upto

10.03.2008 for regularization purpose.

The committee noted that EO fulfilled in respect of Advance licence No. 1110006200 dated 12.06.03 was to the extent of above 77% within the valid EOP, as claimed by the firm. The committee further noted that the balance exports have already been completed by 10.03.2008. Accordingly, the committee decided to extend EOP for a period of 6 months subject to payment of composition fee @ 1% per month in proportionate to the duty saved amount for the balance inputs in relation to the exports already made beyond the EOP and also subject to the verification by RA for the EO fulfillment claimed by the firm within the valid EOP.

Case No. 34: M/s. MEW Electricals Limited, Mumbai

File No. 01/60/162/263/AM09/EFGC(PRC)

Subject: Revalidation of advance licence No. 3410015377 dated 03.02.2006.

The Committee noted that EO fulfilled in this case is 99.50% qty. wise and 100% value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 3410015377 dated 03.02.2006 prorata to exports made for a period of six months from the date of the communication of the decision of PRC, 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. 35: M/s. Focus Energy Limited, New Delhi

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

Subject: Import of one Trailer-Mounted Oil Well Drilling Rig (Model-ZJ30), from

China.

Committee granted exemption from homologation requirements for import of one Trailer mounted oil well drilling rig (Model-ZJ30) from China with ‘off road’ usage condition.

Case No. 36: M/s. Shri Chendhekkattu Sankarankuty, Trichur, Kerala

File No. 01/89/180/53/AM09/PC-2(A)

Subject: Import Toyata Land Cruiser 200 Series Right Hand Drive vehicle.

Committee granted exemption from a) importing the vehicle from country of origin/manufacture & b) accepted the Type Approval Certificate issued by an

13 accredited agency outside the country of manufacture/origin of goods i.e. Brussels, for import of one number Toyota Land Cruiser 200 series RHD vehicle.

Case No. 37: M/s. Maruti Suzuki Gurgaon

File No. 01/89/180/51/AM09/PC-2(A)

Subject: Import of new, pre-sold (for strategic purpose) passenger car Avanza

(Toyota make) for R&D purpose.

Committee allowed import of one no. new Avanza car (Toyota make) which is presold , by Maruti Suzuki for R&D purposes.

Case No. 38: M/s. Ess & Ess Industrial Corporation , Chandigarh

File No. 01/94/180/679/AM09/PC-4

Subject: Extension in EO period without payment of composition fee against two

advances nos. (i) 0138274 dt. 29.10.98 and (ii) 0138265 dt. 12.10.98; upto May 2003 for regularization purpose.

The committee noted that the firm could not fulfill E.O. within the valid EOP due to cancellation of order, the customer specific panel and design and the untimely demise of the partner of the firm on account of financial shocks undergone by the company. However, the committee also noted that inspite of all those hardships, firm could fulfill the E.O. though beyond EOP but within 31st May, 2003. Accordingly the committee, after seeing the extra ordinary hardship the company went through, decided to extend EOP upto 31.5.03 to regularise the exports affected beyond the original EOP.

Case No. 39: M/s. Umedica Laboratories Pvt. Ltd., Mumbai

File No. 01/94/180/646/AM09/PC-4

Subject: EOP extension of advance authorization no. 0310294308 dated 29.09.2004

upto 29.11.2006.

The committee noted that EO fulfilled in respect of Advance licence No. 0310294308 dated 29.09.2004 was 50% Qty. wise within the valid EOP, as claimed by the firm. Committee further noted that the balance EO of 50% Qty.wise had been completed though outside EOP but within 30.11.06.
Accordingly, the committee decided to extend EOP upto 30.11.06 subject to payment of composition fee @ 1% per month in proportionate to the duty saved amount for the balance inputs in relation to the exports already made beyond the EOP and also subject to the verification by RA for the EO

14 fulfillment claimed by the firm within the valid EOP. In case the EO fulfilled Qty. wise is less than 50% within the EOP, RA shall not consider the present EOP extension relaxation granted by the PRC committee.

Case No. 40: M/s. Umedica Laboratories Pvt. Ltd., Mumbai

File No. 01/94/180/619/AM09/PC-4

Subject: EOP extension of advance authorization no. 0310288689 dated 27.08.2004

issued under Policy Circular No. 9 dated 30.06.2003 upto 19.08.2005.

The committee noted that EO fulfilled against Advance authorization No. 0310288689 dated 27.08.2004 was more than 50% Qty. wise within EOP & the firm had fulfilled the balance E.O. by August, 05. Hence the committee decided to extend EOP against the aforesaid advance licence upto 31st August, 05 to regularize the exports already made subject to the condition of payment of composition fee @1% per month in proportionate to the duty saved amount for the balance inputs in relation to the exports already made beyond the EOP and also subject to the verification by RA for the EO fulfillment claimed by the firm within the valid EOP.

Case No. 41: M/s. Umedica Laboratories Pvt. Ltd., Mumbai

File No. 01/94/180/693/AM09/PC-4

Subject: EOP extension of Advance authorization no. 0310294151 dated 29.09.2004

upto 08.08.05.

The committee noted that EO fulfilled in respect of Advance licence No. 0310294151 dated 29.09.2004 was 78.20% Qty. wise and 66.97% value wise within the valid EOP, as claimed by the firm. Committee further noted that the balance exports have already been completed beyond EOP but within 31.8.05. Accordingly, the committee decided to extend EOP upto 31.8.05 subject to payment of composition fee @ 1% per month in proportionate to the duty saved amount for the balance inputs in relation to the exports already made beyond the EOP and also subject to the verification by RA for the EO fulfillment claimed by the firm within the valid EOP.

Case No. 42: M/s. Ajanta Pharma Limited, Mumbai

File No. 01/94/180/707/AM09/PC-4

Subject: Please see below:

15 Request for EOP extension of advance authorization No. as indicated below. Out of these licences, at Sl. No. 04 to 12 and 14 to 24 have been issued under Policy Circular No. 9 dated 30.6.03.

0310232149 dt. 21.10.03 13. 0310246855 dt. 12.01.04 2. 0310256423dt. 5.03.04 14. 0310265645 dt. 27.04.04 3. 0310256391 dt. 05.3.04 15. 0310238072 dt. 24.11.03 4. 0310265025 dt. 22.4.04 16. 0310262053 dt.31.03.04. 5. 0310275316 dt. 16.08.04 17. 0310275616 dt. 18.06.04 6. 0310315249 dt. 04.02.05 18. 0310269226 dt. 18.05.04 7. 0310315225 dt. 04.02.05 19. 0310289616 dt. 01.09.04 8. 0310321599 dt. 16.3.05 20. 0310265351 dt. 23.04.04 9. 0310340322 dt.21.07.05 21. 0310297556 dt. 19.04.04 10. 0310356500 dt. 23.11.05 22. 0310296908 dt. 14.10.04 11. 0310345080 dt. 29.08.05 23. 0310301345 dt. 08.11.04 12. 0310360493 Dt. 22.12.05 24. 0310260128 dt, 23.03.04

The committee noted the EO fulfillment status against the aforesaid Advance Licences within & outside EOP, as claimed by the firm. Accordingly, the committee decided to extend EOP for the advance licences at Sl.No. 2 to 12, 14 & 16 to 19 of the aforesaid licences upto the period stated in the list to regularize the exports already made subject to composition fee @ 1% per month in proportionate to the duty saved amount for the balance inputs in relation to the exports already made beyond the EOP and also subject to the verification by RA for the EO fulfillment claimed by the firm within the valid EOP.

Case No. 43: M/s. Barmer Agro Gum Industries, Barmer (through RA, Jaipur)

File No. 01/94/180/684/AM09/PC-4(B)

Subject: Allow DEPB benefit on export of Guar Gum Splits

The Committee noted that earlier the benefit of VKGUY scheme was allowed by PRC vide its meeting dated 30.09.08 against export of Guar Gum Split instead of the word Guar Gum Refined Split mention in Appendix 37A. On the same logic, the Committee decided to allow the DEPB benefit on export of Guar Gum Splits against DEPB entry Sl. No. 22 D of Misc. Product. Committee also recommended that the specific SION and the SION may be amended to include Guar Gum Split for clarity in the matter.

Case No. 44: M/s. Hindustan Antibiotics Ltd., Pune

File No. 01/94/180/406/AM09/PC-4

16

Subject: Extension in EO period of advance licence no. 3474958 dt. 20.07.92

upto 15.11.95 for regularization purpose.

The Committee noted that the firm had fulfilled EO to the extent of 48.77% (Qty- wise) against advance licence No. 3474958 dated 20.07.92 within the valid EOP and the balance had been exported beyond the said time period. Accordingly, the Committee decided not to accede to the request of the firm for EOP extension.

Case No. 45: M/s. Trident Impex, Mumbai

File No. 01/94/180/1017/AM08/PC-4

Subject: Grant of DEPB benefits against following 9 (time barred) Shipping Bills

mentioned in Column No. 9 below.

S.No. Shipping Bill no. and date S/B Printing Date
BRC No.
Realisa - tion date 12 months from Printing date Date of filing application to RA
Last date taking 6 month late cut A B C D E F G H a) 3158141 dt.14.12.04 15.01.05 70/58 11.05.05 15.01.06 23.05.07 15.07.06 b) 3255772 dt.31.01.05 24.02.05 70/40 06.01.05 24.02.06 23.05.07 24.08.06 c) 3348388 dt.16.03.05 11.04.05 70/429 28.03.05 11.04.06 23.05.07 11.10.06 d) 3332391 dt.09.03.05 31.03.05 70/407 29.03.05 31.03.06 23.05.07 30.09.06 e) 3372675 dt.28.03.05 15.06.05 70/895 14.02.05 15.06.06 23.05.07 15.12.06 f) 3385726 dt.01.04.05 07.05.05 70/784 20.05.05 07.05.06 23.05.07 07.11.06 g) 3421987 dt.21.04.05 16.05.05 70/804 20.05.05 16.05.06 23.05.07 16.11.06 h) 3441887 dt.30.04.05 19.05.05 70/805 25.05.05 19.05.06 23.05.07 18.11.06 i) 3119750 dt.24.11.04 23.12.04 N.A, N.A. 23.12.05 23.05.07 22.06.06

Committee noted the request of the firm for allowing 9 time barred shipping bills as mentioned above for the purpose of DEPB entitlement on the ground that the delay was on account of the delayed amendment by the Customs Authorities on the shipping bills. Accordingly, the committee decided to allow acceptance of the aforesaid 9 shipping bills for the purpose of DEPB Scheme subject to the condition that the firm had filed the request to the customs authority either within the original time period allowed for filing the DEPB application or within the six months time period allowed with late cut. The RA would cross-verify the claim of the firm and apply late cut wherever applicable before granting DEPB against the aforesaid 9 shipping bills.

17

Case No. 46: M/s. MS Shoes East Ltd., New Delhi.

File No. 01/94/180/984/AM08/PC-4

Subject: Grant of revalidation & transferability of 9 Advance Licences (Seven value based

and Two quantity based) as mentioned below.

(i) Qty. Based Adv. Lic. No. P/L/2010777 dt.12.12.91 (Redeemed)
(ii) Qty. Based Adv. Lic. No. P/W/2112668 dt.12.12.91 (Redeemed)
(iii) Value Based Adv. Lic. No. P/L/1523861 dt.4.12.92 (iv) Value Based Adv. Lic. No. P/W/2049155 dt.18.1.93 (v) Value Based Adv. Lic. No. 2049785 dt.4.2.93 (vi) Value Based Adv. Lic. No.2270714 dt.9.1.95 (vii) Value Based Adv. Lic. No.1523569 dt.8.12.92 (Redeemed)
(viii) Value Based Adv. Lic. No.1524950 dt.19.2.93 (ix) Value Based Adv. Lic. No.0100084 dt.28.1.93

Committee noted the decision of GRC Meeting held on 18.11.2008 wherein GRC had conveyed the following decision:

“Committee observed that the three basic documents required for a decision on revalidation and transferability i.e. Shipping Bill, Bank Realization Certificate and the MODVAT / CENVAT non-availment certificate were submitted well within the prescribed time limit and no such investigation was pending on DRI account pertaining to these licences. Accordingly, the Committee directed that the PRC may be advised to review its earlier decision and allow revalidation of the aforesaid licences without converting VABAL into QABAL”.

The Committee noted the aforesaid decision of GRC and decided to agree with the decision in view of the facts stated above and the delay on the part of RA.
Accordingly, the Committee decided to allow revalidation of the 9 Advance Licences stated above, for a period of six months from the date of this communication, without converting VABAL into QABAL.

Case No. 47: M/s. Gandhar Oil Refinery India Ltd. Mumbai

File No. 01/94/180/656/AM09/PC-4

Subject: Revalidation of advance licence No. 0310373098 dated 24.03.2006 for 6

months.

The Committee noted that EO fulfilled in respect of advance licence No. 0310373098 dated 24.03.06 was more than 100% qty-wise and value wise, within valid EOP, as claimed by the firm. Accordingly, the Committee decided to revalidate the aforesaid advance licence for a period of six months from the date of communication of the decision of PRC, 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. 48: M/s. Cartoon Sanitation Pvt. Ltd., Mathura

File No. 01/94/180/688/AM09/PC-4

Subject: Extension in EO period of advance licence no. 0610009167 dt. 09.05.05 for

Two months.

The Committee noted that the firm had completed EO to the extent of approx. 66% (Qty.-wise) within the original EOP against the advance licence No. 0610009167 dated 09.05.05. Accordingly, the Committee considered the request and decided to extend the EO period for a period of six months from the date of communication of the decision of PRC subject to verification by RA of EO claimed to have been fulfilled by the firm within the valid EOP and subject to the payment of composition fee @ 1% per month on the duty saved amount for the balance inputs.

Case No. 49: M/s. Delton Cables Ltd., New Delhi

File No. 01/94/180/651/AM09/PC-4

Subject: Revalidation of advance licence No. 0510180072 dt. 03.04.06 for 6

months.

The Committee noted that EO fulfilled in respect of advance licence No. 0510180072 dated 03.04.06 was 100% qty-wise and value wise, within valid EOP, as claimed by the firm. Accordingly, the Committee decided to revalidate the aforesaid advance licence for a period of six months from the date of communication of the decision of PRC, 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. RA should reduce the import entitlement on pre-rata basis to that of exports affected.

Case No. 50: M/s. Delton Cables Ltd., New Delhi

File No. 01/94/180/653/AM09/PC-4

Subject: Revalidation of advance licence No. 0510180073 dt. 03.04.06 for 6

months

The Committee noted that EO fulfilled in respect of advance licence No. 0510180073 dated 03.04.06 was 100% qty-wise and value wise, within valid EOP, as claimed by the firm. Accordingly, the Committee decided to revalidate the aforesaid advance licence for a period of six months from the date of communication of the decision of PRC, 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. RA should reduce the import entitlement on pre-rata basis to that of exports affected.

19

Case No. 51: M/s. Sadhna Nitro Chem Limited, Mumbai

File No. 01/94/180/618/AM09/PC-4

Subject: Revalidation and EOP extension against advance licence No. 0310354740

dated 07.11.2005.

The Committee noted that export obligation against advance licence No. 0310354740 dated 07.11.05 to the extent of 97% Qty.-wise within valid EOP and imports could not be affected completely for the 2 import items (Caustic Soda and M-xylene) allowed under the advance licence within the import validity period. Accordingly, the Committee decided to extend EOP for a period of six months from the date of communication of the decision of PRC subject to verification by RA of EO claimed to have been fulfilled by the firm within the valid EOP and subject to the payment of composition fee @ 1% per month on the duty saved amount for the balance inputs. Further, the Committee decided to revalidate the aforesaid advance for a period of six months from the date of communication of the decision of PRC, 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. 52: M/s. Gandhi Industrial Corporation, Mumbai

File No. 01/94/180/665/AM09/PC-4

Subject: (a) Revalidation of advance licence no. 0310365641 dt.02.02.06 for 6

                months. 
          (b) To modify the specification of import item “Base paper” from 88     
                plus/minus  2  GSM to 80 to 200GSM.   

The Committee noted that EO fulfilled in respect of advance licence No. 0310365641 dated 02.02.06 was 100% qty-wise and value wise, within valid EOP, as claimed by the firm. Accordingly, the Committee decided to revalidate the aforesaid advance licence for a period of six months from the date of communication of the decision of PRC, 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. However, the request to modify the specification of the import item “Base Paper” could not be acceded to.

Case No. 53: M/s. Moraya Global Ltd., Mumbai.

File No. 01/94/180/600/AM09/PC-4

Subject: Extension in EOP against Advance Licence No.0310289069 dated

30.8.2004 for Regularization and Redemption.

20

The Committee noted that export obligation against advance licence No. 0310289069 dated 30.08.04 to the extent of 92% Qty.-wise within valid EOP and the balance exports were completed by 29.10.07. Accordingly, the Committee decided to extend EOP upto 31.10.07 for the purpose of regularization of exports already made subject to verification by RA of EO claimed to have been fulfilled by the firm within the valid EOP and subject to the payment of composition fee @ 1% per month on the duty saved amount for the balance inputs.

Case No. 54: M/s. Siel Chemical Complex, New Delhi

File No. 01/83/162/688/AM08/DES-IV/PC-IV

Subject: Condonation of delay in filing DEPB application against the shipping bills

pertaining to the period 1999-2004.

The Committee noted that the request for acceptance of time barred shipping bills for the purpose of DEPB is far beyond the prescribed time limit and the allowable late cut period. Accordingly, the Committee decided not to accede to the request of the firm for acceptance of time barred shipping bills pertaining to the period 1999 to 2004.

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