DGFT Committee Minutes
MINUTES OF THE POLICY RELAXATION COMMITTEE (PRC) MEETING NO.20/AM11 HELD ON 21.03.2011 AT 11:00 A.M. UNDER THE CHAIRMANSHIP OF Dr. A.K.Pujari, 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 Amitabh Jain Addl. DG 2. Shri V.K. Gupta Addl. DG 3. Shri N.P.S Monga Addl. DG 4. Shri Rajiv Arora Jt. DGFT 5. Shri L.B. Singhal Jt. DGFT 6. Shri M.K. Parimoo Jt. DGFT 7. Shri Hardeep Singh Jt. DGFT 8. Ms. Shubhra Jt. DGFT 9. Ms. Vibha Bhalla Jt. DGFT 10. Shri A.K. Cashyap Dy. DGFT 11. Smt. Sonika Khattar FTDO The decision taken on the individual cases are as under:
Case No. 1 Shri Mohammed Rafi, Shoranur ( Kerala)
File No. 01/89/180/33/AM1/PC2(A) PRC Meeting No. 20/AM11 dated: 22.03.2011
Subject: Request for import of Motor Cycle Under chapter 87
The Committee considered the request and decided to grant relaxation from the conditions of para(s) 2(II) (a) (iv) and 9 of ILN under Chapter 87 of ITC(HS) for the import of one number of motorcycle subject to the condition that it will only be used for offroad sports and will never be driven on public roads.
Case No. 2: M/s Celebi Nas Airport Service India Pvt. Ltd
File No. 01/89/180/31/AM1/PC2(A)
Subject: Exemption under ILN 2(II)© for imports under EPCG Licences
Th C itt id d th t d d id d t t l ti f th diti f 2(II) ( ) f ILN d Ch t 87 f ITC(HS)
The Committee considered the request and decided to grant relaxation from the conditions of para 2(II) ( c) of ILN under Chapter 87 of ITC(HS) for the import of 1 no. of TLD mobile water cart, 1 no. of TLD mobile lavatory cart and 40 nos. of Tow tractors subject to the condition that they will be used within the Airport premises only and will never be driven on public roads. As regards the importability of these items under EPCG, the matter will be considered in an appropriate forum by the relevant authorities.
Case No. 3: Sri Chamarajendra Zoological Gardens Mysore.
File No. 01/53/162/1219/AM1/S89/Import Cell Subject: Grant of permission for import of animals under exchange of animals between Sri Chamarajendra Zoological Gardens Mysore and Zoo Zlin, Czech Republic The file has been put up to CIM for approval for exchange of animals which are otherwise prohibited for export and import.
Case No. 4: M/s K.K. Traders, Amritsar
File No. 01/53/8/143/K7/Import Cell
Subject: Grant of revalidation of import licence No. 0550001228 dt. 16.9.2009
The Committee considered the request and decided to grant six months revalidation of import authorization no. 0550001228 dt. 16.9.2009
Case No. 5: M/s KPL International Ltd., New Delhi
File No. 01/53/8/95/AM09 /Import Cell
Subject: Grant of revalidation of import licence No. 0550001268 dt. 22.10.2008
The Committee considered the request and decided to grant further three months revalidation from the date of committee decision, for import authorization no. 0550001268 dt. 22.10.2008
Case No. 6: M/s Refex Refrigerants Limited Mumbi
File No. 01/53/8/00049/AM06/R6/Import Cell
Subject: Request for Grant of 2nd revalidation of I/L No. 0450000471 dt. 10.6.2008 for a period of six months
The Committee considered the request and decided to grant six months revalidation of import authorization no. 0450000471 dt. 10.6.2008
Case No 7: M/s Halliburtin Mumbai
Case No. 7: M/s Halliburtin Mumbai.
File No. 01/89/180/35/AM10/PC2(A)
Subject: Request for import of Used Truck Transand (2 nos) under Chapter 87
The Committee considered the request and decided to grant relaxation from the conditions of para 1(II) (a), (b) I,ii,iii, (c), (d), I,ii,iii and (e) of ILN under Chapter 87 of ITC(HS) for the import of 2 nos. of Used Trucks namely, TRUCK TRANS SAND 480 CF mounted with special oil and gas field equipment subject to the conditions that they will be used only in oil fields, will never be driven on public roads and will be reexported after completion of the contract.
Case No. 8: M/s Viswat Chemicals Ltd., Mumbai.
File No. 01/60/162/1911/AM11/EFGC(PRC)
Subject: Request for extension of EOP against Advance Authorisation No. 0310443958 dt. 21.9.2007
The Committee noted that the firm have made less than 50% exports during the valid EOP and, therefore, it was decided to reject the case as it does not merit consideration due to low exports made quantitywise in the valid EOP.
Case No. 9: M/s AnwarULIslam Ghaziabad.
File No. 01/60/162/1908/AM11/EFGC(PRC)
Subject: Request for revalidation against DFIA No. 0510230660 dt. 11.11.2008.
The Committee noted that above mentioned DFIA has already been endorsed with transferability, therefore, the Committee rejected the request of the firm.
Case No. 10: M/s Kopran Limited Mumbai
File No. 01/60/162/1879/AM11/EFGC(PRC)
Subject: Regarding EOP extension against Advance Authorisation No. 0310543241 dt. 29.10.2009
The Committee noted the request of the firm and decided to reject as no cogent and justified reasons establishing genuine hardship have been provided by the firm.
Case No. 11: M/s L.N. Engineering Pvt. Ltd
File No. 01/60/162/1389/AM11/EFGC(PRC) Subject: EOP extension for Advance Authorization No 0310241235 dt 11 12 2003 for the purpose of clubbing with Advance Authorization No
Subject: EOP extension for Advance Authorization No. 0310241235 dt. 11.12.2003 for the purpose of clubbing with Advance Authorization No. 0310457669 dt. 16.1.2008 The Committee considered the case and noted that the spread between the two authorizations is wide which does not merit consideration of clubbing. The Committee, therefore, rejected the case.
Case No. 12: M/s Magppie International Limited, Delhi.
File No. 01/94/180/580/AM10/PC4/EFGCPRC
Subject: Request for EOP extension of Advance Authorization No. 0510182200 dt. 15.5.06
The Committee considered the request of the firm and decided to reexamine whether nonavailability of one month of export period out of the six months extended EOP has led to genuine hardship and affected the firm’s exports.
Case No. 13: M/s Polygel Industries Pvt. Ltd., Mumbai
File No. 01/60/162/265/AM10/EFGC(PRC)
Subject: Regarding clubbing of two Advance Authorizations No. 0310400010 dt. 19.9.2006 and 0310356642 dt. 24.11.2005
The Committee considered the representation of the firm and approved revalidation of Advance Licence No. 0310400010 dt. 19.9.2006 for further six months and EOP Extension of Advance Licence No. 0310356642 dt. 24.11.2005 upto 30.03.2009 for the purpose of clubbing subject to payment of composition fee @1% for revalidation and 5% per year for EOP extension for clubbing and regularization . RA to grant EOP extension after verifying details of exports and imports and in accordance with FTP provisions. RA is directed to examine the case in terms of Public Notice No. 23 dated 4.12.2009 and make necessary endorsements regarding value addition of minimum 15% or as stipulated in the authorization whichever is higher.
Case No. 14: M/s Enzal Chemicals (I) Limited, Mumbai
File No. 01/60/162/1839/AM11/EFGC(PRC)
Subject: Request for Clubbing against (12) advance authorizations
1. 3024774 dt. 24.08.1998 2. 3027846 dt. 12.02.1999 3. 3028975 dt.12.04.1999 4. 310005039 dt. 17.08.1999 5. 310099050 dt. 27.08.2001 6. 310175237 dt. 30.12.2002 7. 310217561 dt. 11.08.2003 8 310240620 dt 09 12 2003
8. 310240620 dt. 09.12.2003 9. 310254039 dt. 20.02.2004 10. 310278949 dt.05.07.2004 11. 310289806 dt. 02.09.2004 12. 310309105 dt.24.12.2005 The Committee considered the case and noted that the spread between the authorizations is wide which does not merit consideration of clubbing. The Committee, therefore, rejected the case.
Case No. 15: M/s Saudagar International Exports Coimbatore
File No. 01/94/180/416/AM11/PC4/PRC
Subject: Regarding refusal to register the contract by CAPEXIL of Advance Authorization No. 3210035723 dt. 3.7.2007
The Committee noted that the request has been made for two authorizations issued in 2006 and 2010 respectively. The time gap between the two authorizations is quite significant to warrant clubbing and as such the Committee did not agree to club these two authorizations.
Case No. 16: M/s Navkar Transcore Pvt. Ltd., Ahmedabad
File No. 01/60/162/896/AM11/EFGC(PRC)
Subject: EOP extension against Advance Authorization No. 0810063994 dt. 29.3.2007
The Committee considered the request and reiterated its decision on maintaining 15% value addition both in case of EOP extension and revalidation wherever the policy was being relaxed in accordance with para 2.5.
Case No. 17: M/s Lyka BDR International Limited, Mumbai
File No. 01/94/180/531/AM11/PC4/PRC
Subject: Request for EOP extension of Advance Licence No. 0310441763 dt. 5.9.2007
The Committee noted the request and decided that the condition of reexport/destruction of imported raw material as stipulated in Policy Circular 18 dt. 30.10.2007 be waived as the firm has stated to have already utilized the imported material fully by exporting the product manufactured from these. However, the default in terms of duty saving proportionate to the default in export outside the prescribed EO period may be paid by the firm in accordance with the stipulated policy provisions. RA to check and verify the aspect of raw material utilization and evaluate the dutysaving default and take necessary action as per the policy provisions.
Case No. 18: M/s Unichem Laboratories Limited, Mumbai
, File No. 01/60/162/1868/AM11/EFGC(PRC) Subject: Request for regularization/EOP extension of advance authorization No. No. 0310488842 dated 03/10/2008 issued under Policy Circular 9 dt. 30.6.2003 The Committee decided to grant extension upto 6.10.2009 for the purpose of regularization and closure, subject to verification by RA of EO claimed to have been fulfilled by the firm within the valid EOP and also subject to payment of composition fee @ 6% of the duty saved amount for the balance inputs in proportion to export obligation beyond export obligation period. RA is directed to examine the case in terms of Public Notice No. 23 dated 4.12.2009 and make necessary endorsements regarding value addition of minimum 15% or as stipulated in the authorization whichever is higher.
Case No. 19: M/s Kopran Limited, Mumbai
File No. 01/60/162/1885/AM11/EFGC(PRC) Subject: Requested for EOP extension/revalidation of 2 advance authorization nos. (1) 0310370861 dt. 10.3.2006 (ii) 0310385398 dt. 19.6.2006 for clubbing and redemption purpose The Committee considered the request of the firm and decided to allow the request to club advance authorization No. 0310370861 dt. 10.3.2006 and 0310385398 dt. 19.6.2006 for the purpose of regularization. A composition fee @1% of the unutilized cif value to be levied for revalidation of the required advance authorization for the purpose of clubbing. Extension in EO required for clubbing and regularization of authorization where there is shortfall will be done by imposing a composition fee @5% per year as already decided in the PRC meeting held on 6.1.2010. RA is directed to examine the case in terms of Public Notice No. 23 dated 4.12.2009 and take necessary action and make necessary endorsements at the time of revalidation. The 15% value addition for evaluating entitlement is to be applied on the entire FOB and CIF of the authorization. RA should ensure proper accounting of the duty free inputs with reference to the export product while clubbing the authorizations.
Case No. 20: M/s Fourrts India Laboratories Pvt. Ltd., Chennai
File No. 01/60/162/1843/AM11/EFGC(PRC) Subject: Request for EOP extension of advance authorization No. 0410094257 dt. 5.3.2008 issued under Policy Circular9 dated 30.6.2003 for regularization purpose. The Committee decided to grant extension upto 31.3.2009 for the purpose of regularization and closure, subject to verification by RA of EO claimed to have been fulfilled by the firm within the valid EOP and also subject to payment of composition fee @ 6% of the duty saved amount for the balance inputs in proportion to export obligation beyond export obligation period. RA is directed to examine the case in terms of Public Notice No. 23 dated 4.12.2009 and make necessary endorsements regarding value addition of minimum 15% or as stipulated in the authorization whichever is higher.
Case No. 21: M/s GHCL Limited, Mumbai
File No. 01/60/162/1772/AM11/EFGC(PRC)
Subject: Request for EOP extension of advance authorization No. 3510019814 dt. 31.10.2006
The Committee noted that the firm have made nil exports during the valid EOP and, therefore, it was decided to reject the case as it does not merit consideration due to no exports made both quantity and value wise in the valid EOP.
Case No. 22: M/s Ajanta Pharma Ltd., Mumbai
File No. 01/60/162/1787/AM11/EFGC(PRC) Subject: Request for regularization of export made out of EOP for advance licence No 0310455549 dt. 28.12.2007 issued under Policy Circular9 dated 30.6.2003 The Committee decided to grant extension for three months i.e. upto 17.11.2008 for the purpose of regularization and closure, subject to verification by RA of EO claimed to have been fulfilled by the firm within the valid EOP and also subject to payment of composition fee @ 6% of the duty saved amount for the balance inputs in proportion to export obligation beyond export obligation period. RA is directed to examine the case in terms of Public Notice No. 23 dated 4.12.2009 and make necessary endorsements regarding value addition of minimum 15% or as stipulated in the authorization whichever is higher.
Case No. 23: M/s Ravin Cables Limited, Mumbai
File No. 01/60/162/424/AM10/EFGC(PRC) Subject: Request for revalidation of advance authorization Nos. 0310339263 dt. 14.7.2005 for the purpose of clubbing with advance licence No. 310329077 dt. 6.5.05 (ii) 0310420465 dt. 22.2.2007 & (iii) 0310421062 dt. 27.2.07. The Committee considered the request of the firm and decided to allow the request to club advance authorization No. 0310339263 dt. 14.7.2005 with 310329077 dt. 6.5.05 and clubbing of advance authorization No. 0310420465 dt. 22.2.2007 with 0310421062 dt. 27.2.07 separately for the purpose of regularization. A composition fee @1% of the unutilized cif value to be levied for revalidation of the required advance authorization for the purpose of clubbing. Extension in EO required for clubbing and regularization of authorization where there is shortfall will be done by imposing a composition fee @5% per year as already decided in the PRC meeting held on 6.1.2010. RA is directed to examine the case in terms of Public Notice No. 23 dated 4.12.2009 and take necessary action and make necessary endorsements at the time of revalidation. The 15% value addition for evaluating entitlement is to be applied on the entire FOB and CIF of the authorization. RA should ensure proper accounting of the duty free inputs with reference to the export product while clubbing the authorizations.
Case No. 24: M/s Remi Edelstahl Tubulars Limited Mumbai
File No01/60/162/1894/AM11/EFGC(PRC) Subject: Revalidation of advance authorization No 0310272011 dt. 01.06.04 for clubbing with advance authorization no. 0310383103 dt. 05.06.06 The Committee noted that the second authorization was issued after the expiry of the first authorization and in view of appreciable gap between the dates of issuance of two authorizations, the Committee decided to reject the request.
Case No. 25: M/s Sri Krishna Spinning & Weaving Mills Pvt. Limited, Bangalore
File No. 01/60/162/1943/AM11/EFGC(PRC) Subject: Revalidation of DFIA No. 0710051918 dt. 8.6.07 The Committee noted that above mentioned DFIA has already been endorsed with transferability, therefore, the Committee rejected the request of the firm.
Case No. 26: M/s Sri Krishna Spinning & Weaving Mills Pvt. Limited, Bangalore
File No. 01/60/162/1947/AM11/EFGC(PRC) Subject: Revalidation of DFIA No. 0710046396 dt. 31.07.06 The Committee noted that above mentioned DFIA has already been endorsed with transferability, therefore, the Committee rejected the request of the firm.
Case No. 27: M/s Sri Krishna Spinning & Weaving Mills Pvt. Limited, Bangalore
File No. 01/60/162/1945/AM11/EFGC(PRC) Subject: Revalidation of DFIA No. 0710047066 dt. 29.08.06 The Committee noted that above mentioned DFIA has already been endorsed with transferability, therefore, the Committee rejected the request of the firm.
Case No. 28: M/s Sri Krishna Spinning & Weaving Mills Pvt. Limited, Bangalore
File No. 01/60/162/1942/AM11/EFGC(PRC) PRC Meeting No 20/AM11 dated: 22 03 2011
Subject: Revalidation of DFIA No. 0710054925 dt. 11.12.07 The Committee noted that above mentioned DFIA has already been endorsed with transferability, therefore, the Committee rejected the request of the firm.
Case No. 29: M/s Hindustan Platinum Pvt. Ltd., Mumbai
File No. 01/60/162/51/AM10/EFGC(PRC) Subject: Regarding their request to consider the case for revalidation of their advance licence No. 0310334504 dt. 15.06.2005 The Committee considered the case and decided to reexamine the issue closely on merits by referencing the GRC decision and RA’s report on delay and place the case thereafter before PRC.
Case No. 30: M/s Madhu Fabrics, Bangalore
File No. 01/60/162/1855/AM11/EFGC(PRC)
Subject: Request for revalidation/EOP extension of advance authorization no. 0710057402 dated 14.05.2008
The Committee noted the request of the firm and decided to reject as no cogent and justified reasons establishing genuine hardship have been provided by the firm.
Case No. 31: M/s Zenith Birla (India) Ltd., Mumbai
File No. 01/94/180/992/AM09/PC4/PRC Subject: Request for clubbing of 3 advance authorisation no. 310083623 dt. 09.05.01,310083613 dt. 09.05.01 and 310158648 dt. 16.09.02 The Committee considered the case and decided to reexamine the issue on merits and place before PRC. .
Case No. 32: M/s Navkar Transcore Pvt. Ltd Ahmedabad
File No. 01/60/162/932/AM11/EFGC(PRC)
Subject: EOP extension against advance authorization No. 0810064240 dt. 13.04.07
The Committee considered the request and reiterated its decision on maintaining 15% value addition both in case of EOP extension and revalidation wherever the policy was being relaxed in accordance with para 2.5.
Case No. 33: M/s Man Aluminium Ltd., Mumbai
File No. 01/60/162/1856/AM11/EFGC(PRC)
Subject: Request for revalidation of AA No. 0301363856 dt. 18.01.2006
The Committee noted that since it is a case of representing again against the PRC decision , the reasons cited may be examined more closely on merits, and case be then placed before the PRC.
Case No. 34: M/s Sri Krishna Spinning & Weaving Mills Pvt. Limited Bangalore
File No. 01/60/162/19411949194819461944194019351947/ AM11/ EFGC (PRC) Subject: Revalidation of (8) DFIAs 1. 0710047579 dt. 25.09.06 2. 0710051917 dt. 08.06.07 3. 0710051336 dt. 19.04.07 4. 0710047496 dt. 20.09.06 5. 0710056807 dt. 04.04.08 6. 0710051815 dt. 29.05.07 7. 0710054924 dt. 11.12.07 8. 0710047711 dt. 06.10.06 The Committee noted that above mentioned DFIAs have already been endorsed with transferability, therefore, the Committee rejected the request of the firm.
Case No. 35: M/s Nectar Life Science Ltd Combatore
File No. 01/94/180/80/AM10/PC4/ Subject: Request for extension in EOP against two advance licence (i) 0132898 dt. 28.4.2000 & (ii) 0132900 dated 4.5.2000 for clubbing with adv. Lic. No. 2210007435 dated 12.2.2008 and waiver of composition fee for such extension. The Committee noted that the firm’s request for EOP extension of two Advance Authorizations issued in the year 2000 and 2008 for clubbing was rejected by PRC as the EOP for the authorizations issued in the year 2000 expired long back and was not covered under the 4 years time limit criteria adopted by PRC. The Committee noted that firm’s request has been considered by the GRC to allow clubbing by permitting extension of EOP of the subject Authorizations. The Committee noted that such cases of Advance Authorizations with a spread of 8 years were not being considered by PRC and many similar cases have been rejected The reason for not considering such Advance Authorizations was that the
considered by PRC and many similar cases have been rejected. The reason for not considering such Advance Authorizations was that the default in a much earlier issued Advance Authorization is being regularized later defeating the intent of policy on facility of clubbing. The Committee had noted that such cases, the firm’s approach only after default proceedings are initiated against them or are likely to be initiated. Relaxation in one case may lead to representations of many similar rejected cases. The Policy Relaxation Committee was of the view that it may not be appropriate to allow such relaxations on clubbing requests which may lead to administrative hardships. It was decided that these facts be submitted on file to CIM for appropriate consideration.
Verbatim extracted text (OCR/PDF). Older scans and tables may show extraction artifacts — verify against the original for anything you act on.
No analysis has been generated for this document yet.