DGFT Minutes

1 MINUTES OF THE POLICY RELAXATION COMMITTEE (PRC) MEETING NO. 09/AM09 HELD ON 27.01.2009 AT 11.45 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. Prasad              Addl. DG 
  4.           Shri S.K.Samal                Jt.DGFT 
  5.           Shri A.K. Komu              Jt. DGFT 
  6.           Shri Satyan Sharda        Jt. DGFT 

7.       Shri Anil Agarwal           Jt.DGFT 
   

8.       Shri  A.K. Singh              Jt.DGFT 
   

9.       Shri Tapan Mazumder   Jt.DGFT 
   

10.     Shri Akash Taneja          Jt. DGFT 
    

11.     Shri A.C. Jha                   Dy.DGFT 
    

After deliberation, the following decision were taken.

Case No. 1: M/s. Intas Pharmaceuticals Ltd., Ahmedabad.

File No. 01/94/180/678/AM09/PC-4 (01/60/162/160/AM09/EFGC(PRC) PRC Meeting No.09/AM09 dated: 27.01.2009

Subject: EOP extension against advance license No. 0810028778 dt.14.5.2003 up to

31.8.2006 for regularization purpose.

The Committee noted that EO fulfilled Qty. wise in respect of advance licence No. 0810028778 dt. 14.05.2003 was to the extent of 64.89% within EOP allowed under the policy, as claimed by the firm. Further the committee noted that the proportionate balance export obligation had already been fulfilled by 31.08.2006 whereas the EO (as allowed under policy) expired in November, 2005. Therefore, Committee decided to extend the EO period upto 31.08.2006 to regularize 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. RA shall also verify for the payment of 2% & 5% composition fee for EO extension (in terms of para 4.22 of HBP.v1) beyond 18 months of original EO.

2

Case No. 2: M/s. Kumar Adhesive P. Ltd., Kolkata.

File No. 01/94/180/379/AM09/PC-4

Subject: Revalidation against Advance License No. 0210092324 dated 7.8.2006.

The Committee noted that EO fulfilled in respect of Advance licence No. 0210092324 dt. 07.08.06 was 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. 3: M/s. Intas Pharmaceuticals Ltd., Ahmedabad.

File No. 01/94/180/698/AM09/PC-4 (01/60/162/159/AM09/EFGC(PRC)

Subject: EOP extension against advance license No.0810048361 dated 2.6.2005 for

clubbing with another license No.0810065660 dated 28.6.2007, for regularization purpose by way of relaxation of condition of Policy Circular No.9 dated 30.6.03 on import of drugs under advance license.

The Committee noted that EO fulfilled in respect of advance licence No. 0810065660 dt. 28.06.2007 is more than 100% both qty. wise and value wise (which was required for clubbing with another advance licence No. 0810048361 dt. 02.06.2005), as claimed by the firm. Therefore, Committee decided to extend the EO period against advance licence no. 0810048361 dt. 02.06.2005 till 31.10.2007 (for Shipping Bill dated 02.06.07 to be adjusted) for clubbing with another licence no. 0810065660 dt. 28.06.2007, 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 and outside EOP.

Case No. 4: M/s. Arcata Trade Links Pvt. Ltd., Ahmedabad

File No. 01/94/180/737/AM09/PC-4 (01/60/162/45/AM09/EFGC(PRC)

Subject: Revalidation of advance authorization no. 0810043208 dt.01.11.04 for 6

months. The Committee noted that EO has been fulfilled to the extent of 34.41% qty wise within the valid EOP, as claimed by the firm. However, no imports

3 could be effected proportionate to exports. 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. Imports to be allowed only in proportionate to exports made, subject to payment of composition fee @ 1% of the unutilized cif value of the licence after pro-rata reduction and also subject to verification by RA of EO fulfillment status, as claimed by the firm.

Case No. 5: M/s. Dinman Polypacks Pvt. Ltd., Kolkata

File No. 01/94/180/725/AM09/PC-4

Subject: Revalidation of advance authorization no. 0210078078 dt.10.05.05 for 6

months. The Committee noted that EO fulfilled in respect of Advance licence No. 0210078078 dt. 10.05.2005 was 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. 6: M/s. Pratibha Packwell Pvt. Ltd., Indore

File No. 01/60/162/376/AM09/EFGC(PRC)

Subject: Revalidation of advance licence No. 1110013302 dated 03.05.2006.

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. 1110013302 dated 03.05.2006 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. Elkay Telelinks Ltd., Faridabad

File No. 01/94/180/764/AM09/PC-4

Subject: Extension in EO period and revalidation of advance authorization no.

0510161152 dt. 01.07.05 for 6 months.

The Committee noted that export obligation fulfilled against advance licence No. 0510161152 dated 01.07.05 was to the extent of 73.81% Qty.-wise

4 within valid EOP and imports could not be completed for some of the inputs 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 @ 2% & 5% respectively for 6 months each from the original EOP of 24 months & for EO period beyond 36 months, @ 1% per month on the duty saved amount for the balance inputs. Further, the Committee decided to revalidate the aforesaid advance 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. 8: M/s. Pitti Laminations Ltd., Hyderabad

File No. 01/81/162/0041/AM09/DES-II

Subject: Request for clarification on SION covered under C-297 (Engineering

Product).

The Committee noted the request by the Norms Committee is on the issue as to whether the firm would be entitled for DFIA in case the Shipping Bills furnished by the firm contains Rotor & Stator (which on putting together constitute SAD as required under SION C-297 of Engineering Product). Since DFIA is on SION based and the inputs could be accounted for by clubbing the Shipping Bills, it could be considered as under one SION, for the purpose of DFIA as well. Accordingly, the Committee agreed for DFIA after clubbing the Shipping Bills to constitute the product as the stated SION.

Case No. 9: M/s. LMJ International Ltd., Kolkata.

File No. 01/94/180/654/AM09/PC-4

Subject: Extension in EOP against Advance Licence No.0210079950 dated

11.7.2005.

The Committee noted that in this case, inputs allowed for duty fee import against the advance licence No. 0210079950 dated 11.07.05 and the firm had fulfilled EO to the extent of 70% Qty. wise. (EOP as per policy), within valid EOP, as claimed by the firm. Therefore, the Committee decided to

5 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. RA shall also verify the payment of 2% & 5% composition fee for the 1st two extensions allowed under para 4.22 of HBP.V1.

Case No. 10: M/s. Premier Polyfilm Ltd., New Delhi.

File No. 01/94/180/657/AM09/PC-4

Subject: Revalidation of Advance Licence No. 0510175313 dated 27.1.2006.

The Committee noted that EO fulfilled in respect of Advance licence No. 0510175313 dt. 27.01.2006 was 100% both qty wise and value wise within valid EOP, as claimed by the firm. Committee therefore, decided to revalidate the aforesaid advance authorisation 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. 11: M/s. Indosol Drugs Ltd., Mumbai.

File No. 01/94/180/652/AM09/PC-4

Subject: Revalidation of advance licence Nos.0310219586 dt.19.8.03 (ii) 0310254875

dt.25.2.04 and (iii) 0310320444 dt.9.3.05 for clubbing with other advance licences.

The Committee noted that EO fulfilled in respect of three advance licence nos. 0310219586 dt. 19.08.03, 0310254875 dt.25.02.04 and 0310320444 dt. 09.03.05 was more than 50% both qty wise and value wise, within valid EOP, as claimed by the firm. Committee also noted that revalidation of these three advance licences had been sought for the purpose of clubbing with other advance licences and not for further imports. Committee therefore, decided to revalidate the aforesaid three advance licences for a period of six months from the date of communication of the decision of PRC, for the purpose of only clubbing with other advance licences, 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. 12: M/s. Plastene India Ltd., Ahmedabad

File No. 01/94/180/659/AM09/PC-4

Subject: Revalidation of Advance Licence No. 3710000410 dated 8.2.2006.

The Committee noted that EO fulfilled in respect of Advance authorisation No. 3710000410 dt. 08.02.2006 was 84.08% qty wise, within valid EOP, as claimed by the firm. Committee therefore, decided to revalidate the aforesaid advance authorisation 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. Import entitlement shall be reduced by RA on pro-rata basis.

Case No. 13: M/s. Plastene India Ltd., Ahmedabad

File No. 01/94/180/661/AM09/PC-4

Subject: Revalidation of Advance Licence No. 3710000412 dated 8.2.2006.

The Committee noted that EO fulfilled in respect of Advance authorisation No. 3710000412 dt. 08.02.2006 was more than 100% both qty and value wise, within valid EOP, as claimed by the firm. Committee therefore, decided to revalidate the aforesaid advance authorisation 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. Import entitlement shall be reduced by RA on pro-rata basis.

Case No. 14: M/s. Indus Garments (India) P. Ltd., Bangalore.

File No. 01/94/180/691/AM09/PC-4

Subject: EOP extension against advance licence Nos.0710039251 dated 21.7.2005

and (ii) 0710039997 dated 31.8.2005.

The Committee noted that EO fulfilled in respect of Advance authorisation Nos. 0710039251 dt. 21.07.2005 and 0710039997 dt. 31.08.2005 was more than 50% Qty. and value wise, within valid EOP, as claimed by the firm.
Therefore, the Committee decided to extend EOP, against both the aforesaid authorisations, 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

7 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. 15: M/s. Engser Ltd., Howrah

File No. 01/94/180/726/AM09/PC-4

Subject: Extension in EO period of advance licence no. 0210084529 dt. 20.12.05.

The Committee noted that EO fulfilled in respect of Advance authorisation No. 0210084529 dt. 20.12.05 was more than 50% Qty. wise, within valid EOP. Therefore, 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.

Case No. 16: M/s. International Tractors Ltd; HOSHIARPUR

File No. 01/80/162/244/AM07/DES–I

Subject: Request for clubbing of Advance Licence No.3010038882 dated 01.12.2004

and Licence No.3010044631 dt. 10.11.2005 for import purpose and waive the export obligation against licence dated 10.11.2005.

The Committee noted that the firm obtained two advance licences for import
of components (some components against one licence and some components against another licence) as per SION for export of 75 nos. of Tractors. But, inadvertently, two licences were obtained with the export obligation of 75 nos. of Tractors each, thus, counted twice. Keeping in view the circumstances and RA’s report, Committee decided to club Advance Licence No.3010038882 dated 01.12.2004 and Licence No.3010044631 dt. 10.11.2005 for import purpose and waive the export obligation against above Advance licence dated 10.11.05.

Case No. 17: M/s. Pioneer Overseas Private Ltd., Sivakasi

File No. 01/94/180/1091/AM08/PC-4(B)

Subject: Extending the validity period of DEPB licence No. 3510017505 dated

9.11.2005 for six months.

The Committee noted that the DEPB No. 3510017505 dt. 09.11.2005 could not be utilized because of delay on account of Customs Authority at Mumbai and Chennai for verification. This was substantiated by the firm with the documentary evidence. Therefore, the Committee decided to revalidate the

8 aforesaid DEPB for a period of six months from the date of communication of the decision of PRC.

Case No. 18: M/s. Control & Switchgear Co. Ltd., Noida

File No. 01/81/162/419/AM07/DES-II

Subject: Regarding condonation in delay for submission of reply and ratification of

Norms in respect of advance licence No. 0510204784 dated 12.06.2007 in terms of

para 4.7 of HB).

Committee decided that the case may be reverted back to concerned Norms Committee which will go into the circumstances of delay in submission of reply by the firm and decide the case on merits

Case No. 19: M/s. ITC Ltd., Kolkata

File No. 01/94/180/676/AM09/PC-4

Subject: Revalidation of DEPB no. 0910027882 dt. 19.10.06 for twelve months.

(transferred DEPB).

The Committee noted that due to delay in issuance of Customs Circular for exemption from 4% SAD for the DEPB issued under Customs Notification 32/97, the DEPB holder having DEPB No. 0910027882 dt. 19.10.2006 lost considerable time. Therefore, the Committee decided to revalidate the aforesaid DEPB for a period of six months from the date of communication of the decision of PRC.

Case No. 20: M/s. Shashi Cables Ltd., Kanpur

File No. 01/81/162/565/AM06/DES-II

Subject: Request of the firm for waiver of payment of 2% composition fee on

unutilized cif value (including enhanced cif value) for revalidation of advance licence No. 06100062 dated 10.10.2003.

The Committee noted the earlier decisions of PRC meeting held on 17.05.06 and the decision of GRC meeting held on 27.06.08. Since the delay was on account of RA, Kanpur for endorsement of revalidation on the advance licence no. 06610006216 dt. 10.10.03, the Committee decided to waive the composition fee and allow revalidation for a period of six months from the date of communication of the decision of PRC without composition fee.

Case No. 21: M/s. Union Quality Plastics Ltd., Mumbai

9 File No. 01/04/180/761/AM09/PC-4

Subject: Revalidation of advance licence No. 0310367993 dated 22.02.06.

The Committee noted that EO fulfilled in respect of Advance authorisation No. 0310367993 dt. 22.02.2006 was 100% both qty and value wise, within valid EOP, as claimed by the firm. Therefore, the Committee decided to revalidate the aforesaid advance authorisation 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 authorisation and also subject to verification by RA of EO fulfillment status, as claimed by the firm.

Case No. 22: M/s. Zenith Exports Limited, Kolkata

File No. 01/94/180/749/PC-4

Subject: Revalidation of advance authorization No. (i) 0210089735 dated 29.05.06;

(ii) 0210090054 dated 07.06.2006 & (iii) 0210090057 dated 07.06.06.

The Committee noted that EO fulfilled in respect of three Advance Authorisation Nos. (i) 0210089735 dt. 29.05.2006, (ii) 0210090054 dt. 07.06.06 and (iii) 0210090057 dt.07.06.06 were 99%, 27% and 68% respectively qty wise, within valid EOP, as claimed by the firm. Further the Committee noted that im[ports could not be completed proportionate to exports. Therefore, the Committee decided to revalidate the aforesaid advance authorisations 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 authorisations and also subject to verification by RA of EO fulfillment status, as claimed by the firm. RA shall reduce the import entitlement on pro-rata basis.

Case No. 23: M/s. Plastene India Limited, Ahmedbad

File No. 01/94/180/660/AM09/PC-4

Subject: Revalidation of Advance Licence No. 3710000411 dated 8.2.2006.

The Committee noted that EO fulfilled in respect of Advance Authorisation No. 3710000411 dt. 08.02.2006 was 21% qty. wise, within valid EOP and no imports had been made againt this authorisation, as claimed by the firm. Committee therefore, decided to revalidate the aforesaid advance

10 authorisation 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 authorisation and also subject to verification by RA of EO fulfillment status, as claimed by the firm. RA shall reduce the import entitlement on pro-rata basis.

Case No. 24: M/s. Atul Punj, New Delhi

File No. 01/89/180/55/AM09/PC-2(A)

Subject: Request for relaxation from conditions under Chapter 87 of ITC (

HS) for import of Carver One- Three wheeled vehicle.

Committee acceded to request for relaxation from the policy condition under Para 2(II) (a) (iv), (c)(i) and 7 of Import licensing Notes to Chapter 87 of ITC (HS) for import of the Carver One- Three wheeled vehicle.

Case No. 25: M/s. Parabolic Drugs Ltd., Chandigarh

File No. 01/94/180/375/AM09/PC-4

Subject: 1. Condonation of lapse in not mentioning the licence number in the supply

invoices which were by mistake endorsed with Advance Licence number of the ultimate exporter M/s. Ranbaxy Laboratories Ltd. 2. EOP extension upto 31.7.2006 for three advance licences of 2004 out of 5 Advance Licences mentioned below for the purpose of clubbing:- (i) 2210003191 dated 29.4.2004
(ii) 2210003282 dated 25.5.2004
(iii) 2210003347 dated 7.6.2004
(iv) 2210005449 dated 21.4.2006
(v) 2210005826 dated 28.7.2006

The Committee considered the case for (i) Condonation of procedural lapse in not mentioning the advance licence number of the intermediate supplier in the supply invoices which were by mistake endorsed with Advance Licence number of the ultimate exporter M/s. Ranbaxy Laboratories Ltd. and (ii) EOP extension upto 31.7.2006 for three advance licences of 2004 out of
5 Advance Licences mentioned below for the purpose of clubbing:- (i) 2210003191 dated 29.4.2004
(ii) 2210003282 dated 25.5.2004
(iii) 2210003347 dated 7.6.2004
(iv) 2210005449 dated 21.4.2006
(v) 2210005826 dated 28.7.2006.

for the purpose of clubbing:- (i) 2210003191 dated 29.4.2004
(ii) 2210003282 dated 25.5.2004
(iii) 2210003347 dated 7.6.2004
(iv) 2210005449 dated 21.4.2006
(v) 2210005826 dated 28.7.2006.

11 The Committee noted that since the other documents, such as invalidation letter against the advance licence of ultimate exporter, supply invoice etc. can be correlated and supply invoice is in the name of M/s. Parabolic Drugs Ltd., Chandigarh and supply to M/s. Ranbaxy Laboratories Ltd., has been endorsed on the supply invoices, and accordingly the Committee decided to condone the procedural lapse on not mentioning the licence number of intermediate supplier i.e. M/s. Parabolic Drugs Ltd., in the supply invoices which were by mistake endorsed with Advance Licence number of the ultimate exporter M/s. Ranbaxy Laboratories Ltd. Committee also decided to extend the EOP upto 31.07.2006 against the three advance licences mentioned at Sr. Nos. (i), (ii) and (iii) above, for the purpose of clubbing with other licences, subject to payment of composition fee @ 1% per month on the duty saved amount for the balance inputs against the 3 advance licences of 2004.

Case No. 26: M/s. Emami Ltd., Kolkata

File No. 01/60/162/202/AM09/EFGC(PRC)

Subject: Revalidation of advance licence No. 0210072171 dated 30.11.2004

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. 0210072171 dated 30.11.2004 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 within valid EOP.

Case No. 27: M/s. Reliance Industries Limited, Mumbai

File No. 01/60/162/387/AM09/EFGC(PRC)

Subject: Revalidation of advance licence No. 0310346706 dated 09.09.2005

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. 0310346706 dated 09.09.2005 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. 28: M/s. Shankar Packaging Limited, Mumbai

File No. 01/60/162/371/AM09/EFGC(PRC)

Subject: Revalidation of advance licence No. 0310368305 dated 23.02.2006

12 The Committee noted that EO fulfilled in this case is 99.54% quantity-wise and 132% value wise within valid EOP, as claimed by the firm. It was therefore decided to revalidate the advance licence No. 0310368305 dated 23.02.2006 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. 29: M/s. Shankar Packaging Limited, Mumbai

File No. 01/60/162/370/AM09/EFGC(PRC)

Subject: Revalidation of advance licence No. 0310354013 dated 27.10.2005

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. 0310354013 dated 27.10.2005 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 within valid EOP.

Case No. 30: M/s. Vivil Exports Pvt. Ltd., Mumbai

File No. 01/60/162/261/AM09/EFGC(PRC)

Subject: Revalidation of advance licence No. 0310342456 dt. 11.08.2005.

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. 0310342456 dt. 11.08.2005 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. 31: M/s. Sanghi Cement, New Delhi

File No. 01/89/180/57/AM09/PC-2(A)

Subject: Import of Liebherr Wheel Loader.

The case was deferred. Concerned division may gather more details in the matter.

Case No. 32: M/s. Jindal Steel & power Ltd., New Delhi

File No. 01/89/180/56/AM09/PC-2(A)

Subject: Request for relaxation in the Policy Provisions for import of second hand

Prime Mover (trucks) and Silo trailers.

13

The request for import of Second Hand Prime Mover (trucks) and Silo trailers was considered. It was decided that only Silo trailers would be permitted for import under EPCG Scheme. The Silo trailers shall be registered in the name of Authorization Holder (in case registration is required under the law) and will be installed and utilized for production relate activities within the steel plant. The Silo trailers would neither be registered as Public Carrier nor transferred (including the premises of Group Companies) even after fulfillment of export obligation and will be scrapped after use. These will, therefore, not ply on public roads.

Case No. 33: M/s. Aarti Drugs Limited, Mumbai

File No. 01/60/162/399/AM09/EFGC(PRC) i)

Subject: Revalidation and extension of EO of advance licence No.

0310305152 dt.03.12.04 and 0310293812 dt. 27.09.04 for the purpose of clubbing and regularization; ii) EOP extension of advance licence No. 0310180644 dt. 27.01.03; and 0310285144 dt. 10.08.04 for the purpose of clubbing and regularization.

Committee noted that more than 50% of EO has been fulfilled by the firm against advance licence no. 0310305152 dt.03.12.04 and 0310293812 dt. 27.09.04. Therefore, Committee agreed to (i) revalidation and extension of EO of advance licence No. 0310305152 dt.03.12.04 and 0310293812 dt. 27.09.04 only for the purpose of clubbing and regularization 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.

(ii) Committee also approved EOP extension of advance licence No. 0310180644 dt. 27.01.03; and 0310285144 dt. 10.08.04 for the purpose of clubbing and regularization, subject to payment of composition fee @1% per month on the duty saved amount vis-à-vis the exports, if any made after the expiry of valid EOP and also subject to verification by RA of 37% and 102% respectively of EO claimed to have been fulfilled by the firm within the valid EOP.

It was decided by the committee to allow clubbing of the aforesaid four licences only for the purpose of regularization and not for any further import or export against these licences.

Case No. 34: M/s. . Unichem Laboratories Ltd., Bhopal.

File No. 01/94/180/458/AM09/PC-IV

Subject: (1). EOP Extension against advance licence No. 01000936 dated 8.5.97 for

regularization purpose; and

14 (2). Accepting of exports made against shipping bill No.019826 dated 18.12.97 in respect of Advance Licence No. 0540765 dated 24.11.95.

The Committee considered the request of the firm and noted that earlier EOP was extended upto 17.08.05 by PRC against advance licence no. 01000936 dt. 08.05.97. Committee observed that there was no valid justification in the request of the firm for further EOP extension beyond 17.08.05 upto 15.09.05. Hence, the request of the firm for further EOP extension to regularize the exports beyond August, 2005 could not be acceded by the Committee. Further since he export proceeds could not be realized against a specific Shipping Bill against advance licence no. 0540765 dt.24.11.95. Committee could not accede to the request for relaxation to accept the said Shipping Bill for the purpose of EO fulfillment.

Case No. 35: M/s. Lotus Global Ltd., Mumbai

File No. 01/94/180/758/AM09/PC-4

Subject: Clubbing of advance Nos. (i) 0310161516 dated 3.10.2002 & (ii) licence No.

0310107332 dated 23.10.2001, for regularization purposes.

The Committee considered the request of the firm and noted that the firm had applied for relaxation to revalidate advance licence no. 0310107332 dt. 23.10.01 for clubbing after a lapse of considerable time period and accordingly the Committee decided to reject the request of the firm.

Case No. 36: M/s. Shri Abdul Rahim Khan

File No. 01/89/180/45/AM09/PC-2(A)

Subject: Request for acceptance of Type Approval Certificate from an agency

outside the country of origin.

The Committee decided to grant ex-post-facto approval to the Type Approval Certificate from an agency out side the country of origin in relaxation of provisions contained in Para 7 of Import Licensing Note to Chapter 87 of ITC (HS) as applicable at the time of import.

Case No. 37: M/s. Albright & Wilson Chemicals India Ltd., Mumbai

File No. 01/94/180/817/AM09/PC-4

Subject: Revalidation of advance authorisation no. 0310340573 dt.22.07.2005 for 6

months.

15 The Committee noted that EO fulfilled in respect of Advance licence No. 0310340573 dt. 22.07.2005 was more than 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. 38: M/s. Brakewel Automotive Components (I) Pvt. Lt

d., Noida File No. 01/94/180/821/AM09/PC-4

Subject: Revalidation of advance authorisation no. 0510167746 dt.30.09.05 for 6

months from the date of endorsement. The Committee noted that EO fulfilled in respect of Advance licence No. 0510167746 dt. 30.09.2005 was more than 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. 39: M/s. Karur K.C.P. Packkagings Ltd., Mayanur. Distt. Karur (TN).

File No. 01/94/180/538/AM09/PC-4 (01/60/162/414/AM09/EFGC(PRC)

Subject: Revalidation of advance licence No. 3210032768 dt.13.6.2006.

The Committee noted that EO fulfilled in respect of Advance authorisation No. 3210032768 dt. 13.06.2006 was 100% both qty and value wise, within valid EOP, as claimed by the firm. Committee therefore, decided to revalidate the aforesaid advance authorisation 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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