DGFT Committee Minutes
MINUTES OF THE POLICY RELAXATION COMMITTEE (PRC) MEETING NO. 41/AM12 HELD ON 21.02.2012 AT 11.30 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 D.K Singh Addl. DG 2. Shri V.K. Gupta Addl. DG 3. Shri N.P.S. Monga Addl. DG 4. Dr. L.B.S. Singhal Jt. DGFT 5. Dr. Rajiv Arora Jt. DGFT 6. Shri R.S. Ratna Jt. DGFT 7. Smt. Subhra Jt. DGFT 8. Smt. Vibha Bhalla Jt. DGFT 9. Shri A. Mishra Stats Advisor 10. Shri D.C. Sharma Stats Advisor 11. Smt. Sonika Khattar FTDO The decision taken on the individual cases are as under:
Case No.1. M/s. KIM Chemicals Limited,, Mumbai
F.No. 01/60/162/1001/AM12/EFGC(PRC) PRC Meeting No. 41/AM12 dated: 21.02.2012
Subject: Request for revalidation of advance licence No. 0310492891 dt. 4.11.2008
The Committee noted the request of the firm and decided to reject as no cogent and justified reasons establishing genuine hardship warranting relaxation under Para 2.5 of the FTP have been provided by the firm.
Case No.2. M/s. Vidyut Metalics Pvt. Limited,, Mumbai
F.No. 01/60/162/994/AM12/EFGC(PRC)
Subject: Request for regularization and EOP extension for advance licence No. 0310317465 dt. 18.2.2005.
The Committee decided to grant extension for 12 months beyond the permitted 36 months 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 the permissible export obligation period of 36 months. 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.3. M/s. Haldia Petrochemicals Limited,, Kolkata
F.No. 01/60/162/984/AM12/EFGC(PRC)
Subject: Request for EOP extension of advance licence No. 0210117098 dt. 8.9.2008.
The Committee decided to grant extension for about 3 months i.e. upto 12.12.2011 beyond the permitted 36 months 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 the permissible export obligation period of 36 months. 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.4. M/s. Haldia Petrochemicals Limited,, Kolkata
F.No. 01/60/162/983/AM12/EFGC(PRC)
Subject: Request for EOP extension of advance licence No. 0210117162 dt. 10.9.2008
The Committee decided to grant the requested extension of almost 2 months (not exceeding 6 months) beyond the permitted 36 months 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 the permissible export obligation period of 36 months. 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.5. M/s. Eveready Industries India Limited, Kolkata
F.No. 01/60/162/960/AM12/EFGC(PRC)
Subject: Request for revalidation of advance licence No. 0210126718 dt. 20.5.2009
The committee decided to check the details of data transmission from NIC and its acceptance by Customs and then place the case before PRC.
Case No.6. M/s. Ranbaxy Laboratories Limited, Gurgaon
F.No. 01/60/162/991/AM12/EFGC(PRC)
Subject: Request for EOP extension of advance licence No. 0510154189 dt. 24.3.2005 issued under PC9 condition.
The Committee decided to extend EOP against the aforesaid advance authorization for six months i.e. total 12 months from the date of first import for the purpose of regularization and closure. RA should verify the EO claimed to be fulfilled by the firm within the valid EOP. The relaxation is 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 also 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. The Committee also 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 EO period of 12 months from the date of 1st import as stated above 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 duty saving default and take necessary action as per the policy provisions.
Case No.7. M/s. Sterlite Industries (I) Limited, Tamilnadu
F.No. 01/94/180/813/AM10/PCIV /EFGC(PRC)
Subject: Request for EOP extension of advance licence No. 0310359887 dt. 19.12.2005.
Withdrawn for processing on file.
Case No.8. M/s. Lalahs Spices & Food Pvt, Ltd, Channai
F.No. 01/60/162/1348/AM10/EFGC(PRC)
Subject: Request for redemption & EOP extension of advance licence No. 0410096811 dt. 27.6.2008.
The Committee decided to extend EOP against the aforesaid advance authorization for six months i.e. total 12 months from the date of first import for the purpose of regularization and closure. RA should verify the EO claimed to be fulfilled by the firm within the valid EOP. The relaxation is 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 also 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.9. M/s. Shrenik Pharma Limited, Thane
F.No. 01/60/162/771/AM10/EFGC(PRC)
Subject: Request for EOP extension of advance licence No. 315999 dt. 3.8.1993
The committee noted that the authorization pertains to 1993 and decided to get details from the firm as to when all did they apply to RLA/PRC/GRC and whether the case is under adjudication. The case be again placed before PRC after obtaining details.
Case No.10. M/s. Aurobindo Pharma Limited,
F.No. 01/94/180/853/AM10/PCIV /EFGC(PRC)
Subject: Request for EOP extension of advance licence No. 0910010352 dt. 18.6.2002 for regularization purpose.
The Committee decided to grant extension for 45 days i.e. upto 31.1.2005 beyond the permitted 30 months 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 the permissible export obligation period of 30 months. 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.11. M/s. IPCA Laboratories Limited, Mumbai
F.No. 01/60/162/1344/AM11/EFGC(PRC) Subject: Request for EOP extension of the advance licence No. 0310470177 dt. 30.4.2008 issued under PC9 condition for regularize purpose. The Committee decided to extend EOP against the aforesaid advance authorization for six months i.e. total 12 months from the date of first import for the purpose of regularization and closure. RA should verify the EO claimed to be fulfilled by the firm within the valid EOP. The relaxation is 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 also 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. The Committee also 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 EO period of 12 months from the date of 1st import as stated above 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 duty saving default and take necessary action as per the policy provisions.
Case No.12. M/s. Cheran Spinner Limited, TN
F.No. 01/60/162/771/AM10/EFGC(PRC)
Subject: Request for EOP extension of advance licence No. 3210030094 dt. 5.9.2005.
Withdrawn for processing on file.
Case No.13. M/s. Umedica Laboratories Limited, Mumbai
F.No. 01/60/162/1546/AM10/EFGC(PRC)
Subject: Request for EOP extension of the advance licence No. 03204584 dt. 3.2.1997 for regularize purpose.
The committee and decided to obtain a report from RLA to clarify as to why the matter is pending for a long time.
Case No.14. M/s. S.J.K. Silks Bangalore
F.No. 01/60/162/190/AM10/EFGC(PRC)
Subject: Request for grant of EOP extension of advance licence No. 0710040648 dt. 4.10.2005.
The Committee rejected the request of the firm as there is no merit for consideration as the authorization is too old. It was decided that the case may be finalized as per the provisions of the FTP.
Case No.15 M/s. Shyam Chem Impex Bangalore
F.No. 01/60/162/1010/AM10/EFGC(PRC)
Subject: Request for revalidation of advance licence no. 0710051312 dt. 18.4.2007.
The Committee noted the request of the firm and decided to reject as the reasons cited construe only commercial risk and not a genuine hardship warranting relaxation under Para 2.5 of FTP.
Case No.16. M/s. Snow White Industrial Corporation Chennai
F.No. 01/60/162/71/AM08/EFGC(PRC)
Subject: Request for redemption of advance licence No. 0410059370 dt. 7.7.2004.
The committee noted the request and it was decided to correlate the exports made under advance authorization no. 0410059370 dt. 7.7.2004 with the ARE1/ invoice so as to establish its linkage with the concerned shipping bill. RA after correlating exports made as per above may take further necessary action for regularization as per the FTP provisions.
Case No.17. M/s. Helvoet Rubber & Plastic Technologies (India) Pvt Limited,
F.No. 01/87/050/634/AM07/DESII (pt)
Subject: Request for condonation of delay in applying for modification of norms in r/o of advance licence Nos. 311026900 dt. 16.10.2006 (2) 3110023827 dt. 8.2.2006 (3) 3110020969 dt. 28.6.2005. Withdrawn for processing on file enumerating the practice being adopted by various Norms Committees.
Case No.18. M/s. M.G.M. Govindharaajulu Chettiar & Sons Karur
F.No. 01/60/162/262/AM12/EFGC(PRC)
Subject: Request for EO extension of advance licence No. 3210035940 dt. 8.8.2007.
The Committee considered the request and decided to extend EOP against the aforesaid advance authorization for 6 months from the date of communication, 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 exports 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. As goods have been supplied free of cost by the buyer, the value addition be calculated as per Para 4.1.8 of FTP.
Case No.19. M/s. J.J. Exporters Kolkata
F.No. 01/60/162/1987/AM11/EFGC(PRC)
Subject: Request for grant of EOP extension for advance licence No. 0210109717 dt. 29,2.2008.
Withdrawn for processing on file.
Case No.20. M/s. Miracle Sands & Chemicals Tuticorn
F.No. 01/60/162/893/AM12/EFGC(PRC)
Subject: Request for EOP extension of advance licence No. 3510023847 dt. 13.6.2008.
The Committee considered the request and observed that the firm has completed more than 50% of the export obligation in accordance with the actual imports undertaken. The committee therefore decided to extend EOP against the aforesaid advance authorization for 6 months from the date of communication, 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 exports 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. Vishal Exports Overseas Limited,
F.No. 01/85/162/066/am12/DESVI/PC4 Subject: The hon’ble Madras High court vide common order passed on WP filed by M/s Vishal Exports Overseas Limited, allowed the WP and directed to revalidate the licence No. (i) 04009928 dt. 28.8.1996 (ii) 04009844 dt. 20.8.1996 (iii) 04010868 dt. 16.1.1997 (iv) 04009721 dt. 24.7.1997. The Committee noted the directions of the Hon’ble High Court for revalidation of the 4 authorizations of M/s. Vishal Exports Overseas Limited, within a period of one month from the date of receipt of the Court’s order. The committee noted and regretted the delay in taking up the case regarding implementing the decision. The Committee noted that the revalidation of various authorizations is granted in most exceptional circumstances only where the authorizations had expired in the custody of Govt. authority like DGFT/Customs. The aforesaid circumstances do not exist in the instant case. The committee also noted that revalidation was not a matter of right and that the firm earlier did not accept the reduced qty. of inputs and despite having provided a validity of 30 months they did not undertake imports. It was noted that all authorizations pertain to the period of 1996 and 1997 and that at this distance of time there was no merit to revalidate these 4 authorizations. The Committee therefore rejected the request of the firm.
Case No.22. M/s. MM Aqua Technologies Limited, Gurgaon
F.No. 01/60/162/941/AM12/EFGC(PRC) Subject: Request for acceptance of DEEC shipment towards the discharge of EO against advance licence Nio. 0510141262 dt. 21.10.2004 for regularization of exports and imports. The committee noted that the firm was seeking clubbing of the two authorizations which were more than 3 years apart and were not covered even under the recent Public Notice no. 79 dt. 13.10.2011. The Committee rejected the request of the firm
Case No.23. M/s. Naturol BioEnergy Limited,
F.No. 01/92/180/199/AM10/PCVI
Subject: Migration from EOU to EPCG Scheme while the firm has a negative NFE.
Deferred.
Case No.24. M/s. Praxair India Pvt. Limited, Bangalore
F.No. 01/53/8/488/AM12/P35/IC
Subject: Request for grant of import licence for import of Chromium Carbide for stock and sale purpose.
The committee relaxed the actual user condition of the authorization and permitted utilization of the import authorization for the stock and sale purpose.
Case No.25. M/s. Krishnapatnam Port Company Limited,
F.No. 01/91/180/790/AM12/PC3
Subject: Request for revalidation of SFIS scrip No. 0310536147 dt. 2. 9.2009.
The committee noted that the firm had approached the Regional Authority almost after 18 months for their request for grant of split licences and for enhancement of the entitlement. The committee also noted that the SFIS issued to the firm did not expire in the custody of the RA and therefore the committee decided to reject the case.
Case No.26. M/s. Siera Silk Mills Limited, Bangalore
F.No. 01/91/180/790/AM12/PC3
Subject: Request for EOP extension of advance licence No. 0710053714 dt. 8.10.2007.
Withdrawn for processing on file.
Case No.27. M/s. Pragathi Shree Silks Bangalore
F.No. 01/60/162/1118/AM12/EFGC(PRC)
Subject: Request for EOP extension of advance licence No. 0710061182 dt. 20.11.2008.
Withdrawn for processing on file.
Case No.28. M/s. Haldia Petrochemicals Limited, Kolkata
F.No. 01/60/162/1119/AM12/EFGC(PRC)
Subject: Request for EOP extension of advance licence No. 0210118702 dt. 21.10.2008
The Committee considered the request and decided to extend EOP against the aforesaid advance authorization for 6 months from the date of communication, 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 exports 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.29. M/s. Jumbo Bag Limited, Chennai
F.No. 01/60/162/989/AM12/EFGC(PRC)
Subject: Request for revalidation of advance licence No. 0410100687 dt. 8.12.2008.
The Committee noted the request of the firm and decided to reject as no cogent and justified reasons establishing genuine hardship warranting relaxation under Para 2.5 of the FTP have been provided by the firm.
Case No.30. M/s. Piyush Polytex Industries Pvt Limited, Kolkata
F.No. 01/60/162/1125/AM12/EFGC(PRC)
Subject: Request for revalidation of advance licence No. 0210122703 dt. 30.1.2009.
The Committee noted the request of the firm and decided to reject as no cogent and justified reasons establishing genuine hardship warranting relaxation under Para 2.5 of the FTP have been provided by the firm.
Case No.31. M/s. Macoma Hardwares Mumbai
F.No. 01/60/162/1121/AM12/EFGC(PRC)
Subject: Request for revalidation of advance licence No. 0310511126 dt. 12.03.2009
The committee noted that the firm still had some validity of the authorization after rectification of the EDI error and that small glitches in EDI system for a few days can not be construed as a genuine hardship for relaxation in para 2.5 especially when the validity of the authorization is 30 months. The committee therefore rejected the request.
Case No.32. M/s. Kora Amruta Exports Mumbai
F.No. 01/60/162/1116/AM12/EFGC(PRC)
Subject: Request for revalidation of DFIA licence No. 0310510130 dt. 3. 3.2009.
The Committee noted the request of the firm and decided to reject as no cogent and justified reasons establishing genuine hardship warranting relaxation under Para 2.5 of the FTP have been provided by the firm.
Case No.33. M/s. Eastman International Ludhiana
F.No. 01/60/162/1005/AM12/EFGC(PRC)
Subject: Request of revalidation of DFIA No. 3010061797 dt. 23.6.2009.
The Committee noted the request of the firm and decided to reject as the reasons cited are only commercial risk and not a genuine hardship
Case No.34. M/s. GKN Sinter Metals Pvt Limited, Pune
F.No. 01/60/162/1009/AM12/EFGC(PRC)
Subject: Relaxation of policy as per para 2.5 for advance licence No. 3110015673 dt. 18.5.2004.
The committee noted that the firm has though not mentioned the description of the export product/ its technical ingredients on the shipping bill, the same probably be correlated with the ARE1 form/production data as certified by the Central Excise. In case the correlation justifies the composition of the export product as claimed by the firm, the case could be redeemed as per the provision of the FTP.
Case No.35. M/s. Geltech Pvt Limited, Mumbai
F.No. 01/60/162/910/AM12/EFGC(PRC) Subject: Request for clubbing and redemption of 4 advance licence Nos. (i) 0310335044 dt. 20.6.2005 (ii) 0310340248 dt. 20.7.2005 (iii) 0310390199 dt. 19.7.2006 (iv) 0310394428 dt. 11.8.2006 issued under PC9 condition) The committee decided to club the authorizations in two blocks i.e. to club advance authorization nos. (i) 310335044 dt. 20.6.2005 (ii) 0310340248 dt. 20.7.2005 (Block 1) and advance authorization nos (iii) 0310390199 dt. 19.7.2006 (iv) 0310394428 dt. 11.8.2006 separately (Block 2) for the purpose of regularization. RA may grant necessary extension in EO required with the stipulated composition fee for clubbing and regularization. RA is also 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. 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. No further imports and export will be undertaken.
Case No.36. M/s. BRFL, Mumbai
F.No. 01/60/162/1857/AM11/EFGC(PRC) Subject: Request for one time extension of export obligation period & one time revalidation for enhancing the export quantity advance licence No. 0310440963 dt. 27.8.2007. The Committee noted the request of the firm and decided to grant EOP extension by 6 months from the date of communication. However, revalidation request for imports is rejected. However the extension of 6 months has been granted to enable the firm to fulfil exports to an extent of imports already made. RA may verify 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 exports 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.37. M/s. Vinyroyal Plasticoates Pvt Limited, Gujarat
F.No. 01/60/162/545/AM07/EFGC(PRC)
Subject: Request for clubbing of 2 advance licence Nos. (i) 0310122888 dt. 4.2.2002 (2) 0310203598 dt. 23.5.2003.
The committee decided to allow clubbing of the above 2 advance authorizations for the purpose of regularization. RA may grant necessary extension in EO required with the stipulated composition fee for clubbing and regularization. RA is also 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. 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. No further imports and export will be undertaken.
Case No.38. M/s. Savio Texcone Pvt Limited, New Delhi
F.No. 01/60/162/1796/AM11/EFGC(PRC)
Subject: Request for revalidation of DFIA No. 0510215403 dt. 24.01.2008
The committee noted that the firm has taken considerable time in rectifying the deficiency pointed out by RA and that delay on the part of the firm was substantial and despite having provided a validity of 30 months the firm did not undertake imports. The committee therefore rejected the case.
Case No.39. M/s. Chandan Steel Limited, Mumbai
F.No. 01/60/162/525/AM12/EFGC(PRC)
Subject: Revalidation of advance licence No. 0310462020 dt. 21.2.2008.
The committee noted that there is no extraordinary delay on the part of RA and decided to reject as the reasons cited establish no genuine hardship warranting relaxation under Para 2.5 of FTP.
Case No.40. M/s. Bonny Polyplast Pvt Limited, Noida
F.No. 01/94/180/389/AM12/EFGC(PRC) Subject: Request for clubbing of 3 advance authorizations out of which in one authorization EODC/Bond Waiver has been issued ( Advance authorization no. 0510196148 dt. 12.12.2006, 0510213616 dt. 17.12.2007 and 0510229697 dt. 22.10.2008.
The committee noted that the firm has obtained bond waiver in respect of advance authorization no. 0510196148 dt. 12.12.2006. This situation is different from either EODC or redemption of an authorization. The committee noted that in case where redemption/ EODC have been obtained, there was difficulty in undertaking clubbing on account of various administrative aspects. However, in the instant case since only bond waiver has been obtained, the committee decided to allow clubbing of aforesaid 3 authorizations for the purpose of regularization. RA may grant necessary extension in EO required with the stipulated composition fee for clubbing and regularization. RA is also 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. 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. No further imports and export will be undertaken.
Case No.41. M/s. Nayasa Homeware Mumbai
F.No. 01/60/162/1680/AM11/EFGC(PRC)
Subject: Request for revalidation of advance licence No. 0310460145 dt. 5.2.2008.
The Committee noted the request of the firm and decided to reject as the reasons cited are only commercial risk and not a genuine hardship
Case No.42. M/s. IPCA Laboratories Limited, Mumbai
F.No. 01/60/162/367/AM10/EFGC(PRC)
Subject: Request for EOP extension of the advance licence No. 0310432790 dt. 14.6.2007 issued under PC9.
The Committee decided to extend EOP against the aforesaid advance authorization for six months i.e. total 12 months from the date of first import for the purpose of regularization and closure. RA should verify the EO claimed to be fulfilled by the firm within the valid EOP. The relaxation is 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 also 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.43. M/s. Vardhman Exports Mumbai
F.No. 01/60/162/985/AM12/EFGC(PRC)
Subject: Request for regularization of shipping against advance licence No. 0310230856 dt. 15.10.2003.
The Committee decided to grant extension for 6 months beyond the permitted EOP of 30 months 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 the permissible export obligation period of 30
months. 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. 44. M/s. PME Power Solutions (India) Ltd New Delhi
F.No. 01/60/162/323/AM12/EFGC(PRC)
Subject: Request for issuance of No. Bond/EODC of advance licence No. 0510243225 dt. 8.6.2009.
The committee noted that the valuation of the goods exported has been made mandatory under the Customs Valuation Rules, 2007. In the instant case the authorization is dt. 8.6.2009 and therefore even though the shipping bills has been endorsed as “No Export Incentive,” the RLA could consider correlation as already stated in the PRC meeting no. 23/AM12 dt. 20.9.2011 (Case no. 16) even if the shipping bills are endorsed as no incentive.
Case No.45. M/s. Glow Pharma Pvt Limited, Mumbai
F.No. 01/60/162/928/AM12/EFGC(PRC) Subject: Request for grant of redemption/EODC against advance licence No. 0310303582 dt. 24,11.2004 issued under PC9 condition. The committee noted that the reasons cited are force majeure and can be considered as a genuine hardship as per para 2.5 of FTP. RLA may grant the waiver of PC18 after obtaining necessary evidence regarding the facts of inundation of factory with flood waters as stated by the firm.
Case No.46. M/s. Lasons India Pvt Limited, Mumbai
F.No. 01/60/162/1123/AM12/EFGC(PRC)
Subject: Request for revalidation and mention CIF value in Rs. of advance licence No. 0310509101 dt. 25.2.2009.
Deferred. To be examined in context of policy provision and also to obtain comments from RA and place the case before PRC again.
Case No.47. M/s. Lasons India Pvt Limited, Mumbai
F.No. 01/60/162/1124/AM12/EFGC(PRC)
Subject: Request for revalidation of advance licence No. 0310513441 dt. 26.3.2009.
The committee noted that the error was rectified by the DGFT/NIC and the firm had some time to make imports thereafter as well. The committee noted that in a period of 30 months permitted for imports including one extension is sufficient even to absorb slight delay on account of EDI
glitches also. The Committee therefore decided to reject as the reasons cited establish no genuine hardship warranting relaxation under Para 2.5 of FTP.
Case No.48. M/s. Tytan Organics Pvt Limited, Mumbai
F.No. 01/60/162/1985/AM12/EFGC(PRC)
Subject: Request for 2nd revalidation of advance licence of DFIA No. 0310518444 dt. 5.5.2009.
The Committee noted the request of the firm and decided to reject as the reasons cited are only commercial risk and not a genuine hardship
Case No.49. M/s. Milestone Preservatives Pvt Limited, Vadodara
F.No. 01/60/162/963/AM12/EFGC(PRC)
Subject: Request for revalidation of advance licence No. 3410018603 dt. 18. 4.2007.
The Committee noted the request of the firm and decided to reject as the reasons cited are only commercial risk and not a genuine hardship
Case No.50. M/s. Milestone Preservatives Pvt Limited, Vadodara
F.No. 01/60/162/964/AM12/EFGC(PRC)
Subject: Request for revalidation of DFIA licence No. 3410019396 dt. 09. 8.2007.
The Committee noted the request of the firm and decided to reject as the reasons cited are only commercial risk and not a genuine hardship
Case No.51. M/s. Milindia Limited, Noida
F.No. 01/60/162/988/AM12/EFGC(PRC)
Subject: Revalidation of advance licence No. 0510211147 dt. 25.10.2007
The Committee noted the request of the firm and decided to reject as the reasons cited are only commercial risk and not a genuine hardship
Case No.52. M/s. Frontier Textiles Pvt Limited, West
F.No. 01/60/162/990/AM12/EFGC(PRC)
Subject: Request for extension in EOP for advance licence No. 0210091826 dt. 26.7.2006.
The Committee noted that the firm have made less than 50% exports during the valid EOP and, therefore, decided to reject the case on account of low exports made both quantity and value wise in the valid EOP.
Case No.53. M/s. Alembic Limited, vadodara
F.No. 01/60/162/837/AM12/EFGC(PRC) Subject: Request for clubbing of advance licence No. 3410018078 dt. 13.7.2007 with advance licence No. 34100015179 dt. 6.1.2006 for regularization. The committee noted the request and decided not to allow the clubbing of the above cited authorizations. However, the Committee decided to extend EOP against the aforesaid advance authorizations individually for six months i.e. total 12 months from the date of first import for the purpose of regularization and closure. RA should verify the EO claimed to be fulfilled by the firm within the valid EOP. The relaxation is 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 also 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. The Committee also decided that the condition of re export/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 EO period of 12 months from the date of 1st import as stated above 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.54. M/s. Raj Petro Specialties Pvt Limited, Mumbai
F.No. 01/60/162/1000/AM12/EFGC(PRC) Subject: Request for revalidation & enhancement of 3 advance licence Nos. 0310494639 dt. 18.11.2008 (ii) 0310496463 dt. 4.12.2008 (iii) 0310486609 dt. 16.9.2008. The Committee noted the request of the firm and decided to reject as the reasons cited are only commercial risk and not a genuine hardship
Case No.55. M/s. SI GroupIndia Limited, Mumbai
F.No. 01/60/162/1122/AM12/EFGC(PRC)
Subject: Request for EOP extension for advance licence No. 0310492801 dt. 4.11.2008.
The Committee considered the request and observed that the firm has completed more than 50% of the export obligation in proportion to the actual imports undertaken. The committee therefore decided to extend EOP against the aforesaid advance authorization for 6 months from the date of communication, 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 exports 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.56. M/s. Frontier Textiles Pvt Limited, Howrah
F.No. 01/60/162/1138/AM12/EFGC(PRC)
Subject: Request for EOP extension of advance licence No. 0210108633 dt. 29.01.2008.
The Committee considered the request and decided to extend EOP against the aforesaid advance authorization for 6 months from the date of communication, 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 exports 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.57. M/s. MM Aqua Technologies Limited, Gurgaon
F.No. 01/60/162/1137/AM12/EFGC(PRC) Subject: Request for acceptance of DEPB shipments towards the discharge of EO against advance licence No. 0510137716 dt. 13.9.2004 for regularization of export made within validity of EOP. The committee decided that the firm may approach Customs with the request for conversion of their DEPB shipping bills to advance authorization in accordance with the rules/regulation of Customs in this regard. In case the firm is not able to obtain the aforesaid conversion within a period of 3 months from the date of communication of this decision, RA may then proceed for finalization of the case by taking necessary action for the default in accordance with the provisions of the FTP.
Case No.58. M/s. MM Aqua Technologies Limited, Gurgaon
F.No. 01/60/162/1136/AM12/EFGC(PRC)
Subject: Request for acceptance of DEPB shipments towards the discharge of EO against advance licence No. 0510268286 dt. 15.7.2010 for regularization of export made within. The committee decided that the firm may approach Customs with the request for conversion of their DEPB shipping bills to advance authorization in accordance with the rules/regulation of Customs in this regard. In case the firm is not able to obtain the aforesaid conversion within a period of 3 months from the date of communication of this decision, RA may then proceed for finalization of the case by taking necessary action for the default in accordance with the provisions of the FTP.
Case No.59. M/s. Adcock Ingram Limited, Bangalore
F.No. 01/60/162/1132/AM12/EFGC(PRC)
Subject: Request for EOP extension of advance licence No. 0710064244 dt. 12.4.2009 issued under PC9 condition.
The Committee decided to extend EOP against the aforesaid advance authorization for six months i.e. total 12 months from the date of first import for the purpose of regularization and closure. RA should verify the EO claimed to be fulfilled by the firm within the valid EOP. The relaxation is 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 also 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. The Committee also 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 EO period of 12 months from the date of 1st import as stated above 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 duty saving default and take necessary action as per the policy provisions.
Case No.60. M/s. Adcock Ingram Limited, Bangalore
F.No. 01/60/162/1134/AM12/EFGC(PRC)
Subject: Request for EOP extension of advance licence No. 0710064314 dt. 22.4.2009 issued under PC9 condition.
The Committee decided to extend EOP against the aforesaid advance authorization for six months i.e. total 12 months from the date of first import for the purpose of regularization and closure. RA should verify the EO claimed to be fulfilled by the firm within the valid EOP. The relaxation is 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 also 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.61. M/s. Adcock Ingram Limited, Bangalore
F.No. 01/60/162/1131/AM12/EFGC(PRC)
Subject: Request for EOP extension of advance licence No. 0710064247 dt. 20.4.2009 issued under PC9 condition.
The Committee decided to extend EOP against the aforesaid advance authorization for six months i.e. total 12 months from the date of first import for the purpose of regularization and closure. RA should verify the EO claimed to be fulfilled by the firm within the valid EOP. The relaxation is 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 also 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. The Committee also 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 EO period of 12 months from the date of 1st import as stated above 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 duty saving default and take necessary action as per the policy provisions.
Case No.62. M/s. Adcock Ingram Limited, Bangalore
F.No. 01/60/162/1133/AM12/EFGC(PRC)
Subject: Request for EOP extension of advance licence No. 0710064313 dt. 22.4.2009 issued under PC9 condition.
The Committee decided to extend EOP against the aforesaid advance authorization for six months i.e. total 12 months from the date of first import for the purpose of regularization and closure. RA should verify the EO claimed to be fulfilled by the firm within the valid EOP. The relaxation is 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 also 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. The Committee also 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 EO period of 12 months from the date of 1st import as stated above 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 duty saving default and take necessary action as per the policy provisions.
Case No.63. M/s. Mohan Breweries & Distilleries Ltd
F.No. 01/60/162/938/AM12/EFGC(PRC) Subject: Extension of EOP against (9) advance licence 1) 0410057515 dt. 27.5.2004, 2) 0410058856 dt. 24.6.2004, 3) 0410061690 dt. 1.9.2004, 4) 410063219 dated 19.10.2004, (5) 410064468 dated 25.11.2004, 6) 410069650 dated 15.04.2005, 7) 410069654 dated 15.04.2005,
8) 410071130 dated 03.06.2005, 9) 410072260 dated 13.07.2005, The Committee noted the request and noted that the extension in EOP could only be till 31.3.2011. It reiterated its decision of rejection as taken in the earlier PRC Meeting No. 21/AM12 dated: 06.09.2011.
Case No.64. M/s. GKN Sinter Metals Pvt Limited, Pune
F.No. 01/60/162/1128/AM12/EFGC(PRC)
Subject: Relaxation of policy as pera 2.5 for advance licence No. 3110028279 dt. 23.2.2007.
The committee noted that the firm has though not mentioned the description of the export product/ its technical ingredients on the shipping bill, the same probably be correlated with the ARE1 form/production data as certified by the Central Excise. In case the correlation justifies the composition of the export product as claimed by the firm, the case could be redeemed as per the provision of the FTP.
Case No.65. M/s. GKN Sinter Metals Pvt Limited, Pune
F.No. 01/60/162/1008/AM12/EFGC(PRC)
Subject: Relaxation of policy as pera 2.5 for advance licence No. 3110023409 dt. 27.12.2005.
The committee noted that the firm has though not mentioned the description of the export product/ its technical ingredients on the shipping bill, the same probably be correlated with the ARE1 form/production data as certified by the Central Excise. In case the correlation justifies the composition of the export product as claimed by the firm, the case could be redeemed as per the provision of the FTP.
Case No.66. M/s. GKN Sinter Metals Pvt Limited, Pune
F.No. 01/60/162/1110/AM12/EFGC(PRC)
Subject: Relaxation of policy as pera 2.5 for advance licence No. 3110023953 dt. 21.02.2006.
The committee noted that the firm has though not mentioned the description of the export product/ its technical ingredients on the shipping bill, the same probably be correlated with the ARE1 form/production data as certified by the Central Excise. In case the correlation justifies the composition of the export product as claimed by the firm, the case could be redeemed as per the provision of the FTP.
Case No.67. M/s. Ostern Engineering Pvt Limited, Kolkata
F.No. 01/60/162/948/AM12/EFGC(PRC)
Subject: Request for revalidation of DFIA No. 0210100956 dt. 21.05.2007.
The committee noted that though there was some delay at the part of RA in permitting transferability of aforesaid DFIA, the firm however did not approach with their grievance to the RA immediately on expiry of validity. They approached RA only after a period of 2 years. The committee further noted that the firm has not cited any reasons of delay preventing them not to approach RLA immediately after the expiry of the validity of the licence. The committee therefore did not find any reason to consider the request of the firm at this distance of time and keeping in view the unexplained inordinate delay at the part of the firm to represent their case, rejected the request.
Case No.68. M/s. Shrenik Pharma Limited, Thane
F.No. 01/60/162/770/AM12/EFGC(PRC)
Subject: Request for grant of post facto EOP extension for advance licence No. 0315173 dt. 13.7.1993.
The committee decided that the firm may approach Customs with the request for conversion of their DEPB shipping bills to advance authorization in accordance with the rules/regulation of Customs in this regard. In case the firm is not able to obtain the aforesaid conversion within a period of 3 months from the date of communication of this decision, RA may then proceed for finalization of the case by taking necessary action for the default in accordance with the provisions of the FTP.
Case No.69. M/s. Geltec Pvt Limited, Mumbai
F.No. 01/60/162/930/AM12/EFGC(PRC) Subject: Request for clubbing and redemption of 3 advance licence Nos.(i) 310269575 dt. 19.5.2004 (ii) 0310333025 dt. 3.6.2005 (iii) 0310336698 dt. 29.06.2005 issued under P.C9 condition. The Committee considered the request for clubbing of three above authorizations. It was noted that the authorizations have not been issued in continuity with a distinct overlap in the validity period. The Committee therefore did not agree to club the authorizations.
Case No.70. M/s. Geltec Pvt Limited, Mumbai
F.No. 01/60/162/911/AM11/EFGC(PRC) Subject: Request for clubbing and redemption of 6 advance licence Nos.(i) 0310256334 dt. 4.3.2004 (ii) 0310265349 dt. 23.4.2004 (iii) 0310263544 dt. 13.4.2004 (iv) 0310271904 dt. 1.6.2004 (v) 0310356952 dt. 25.11.2005 (vi) 0310374904 dt.4.4.2006 issued under PC9 conditions. The committee decided to club the authorizations in two blocks i.e. to club advance authorization nos. (i) 0310256334 dt. 4.3.2004 (ii) 0310265349 dt. 23.4.2004 (iii) 0310263544 dt. 13.4.2004 (iv) 0310271904 dt. 1.6.2004 (Block 1) and advance authorization nos (v) 0310356952 dt. 25.11.2005 (vi) 0310374904 dt.4.4.2006 separately (Block 2) for the purpose of regularization. RA may grant necessary extension in EO required with the stipulated composition fee for clubbing and regularization. RA is also 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. 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. No further imports and export will be undertaken.
Case No.71. M/s. Refex Refrigerant Limited, Chennai
F.No. 01/53/08/420/AM10/R39/Import Cell
Subject: Request for grant of 1st revalidation of import licence No. 0450000652 dt. 18.12.2009.
The Committee considered the request and decided to grant six months revalidation of import authorization no. 0450000652 dt. 18.12.2009.
Case No72. M/s. Reference Valvoline Cummins Limited, New Delhi
F.No. 01/53/08/345/AM11/V24/Import Cell Subject: Request for grant of import authorization for import of 90,000 Litre Aqueous Urea ( AUS32) for stock and sale purpose. The committee relaxed the actual user condition of the authorization and permitted utilization of the import authorization for the stock and sale purpose.
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