DGFT Minutes
In force — no superseding record on file.
THE POLICY RELAXATION COMMITTEE (PRC) MEETING NO. 02/AM14 HELD ON 09.04.2013 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. Srivastava Addl. DG 3. Shri Mukesh Bhatnagar Addl.DG 4. Shri L.B. Singhal Addl. DG 5. Shri K.C. Raut Addl. DG 6. Shri Hardeep Singh Jt.DGFT 7. Shri Jaikant Singh Jt. DGFT 8. Shri Jaikaran Singh Jt. DGFT 9. Shri S.K. Samal Jt. DGFT 10. Shri A.K. Mishra Stats Advisor 11. Shri S.K. Mohapatra DDG 12. Smt. Sonika Khattar FTDO The decision taken on the individual cases are as under:
Case No. 1. M/s Lyka BDR International Ltd., Mumbai
File No. 01/60/162/04/AM14/EFGC (PRC) Meeting No. 02/AM14 dated 09.04.2013 Subject: Request for EOP extension of Advance Authorization No. 0310561202 dated 22.02.2010 issued under PC9 condition for regularization purpose. After deliberating the case in length the following decisions were taken: I. Export obligation period is extended from 6 months to 12 months from the date of first import consignment. II. This is only for regularization and closure purpose. III. This is subject to a payment of composition fee @ 0.5% of FOB value of export made outside the original EOP and minimum value addition of 15% as prescribed under para 4.1.6 of FTP. (Action : RA, Mumbai)
Case No.2. M/s. S. Khoday Silk Twisting Factory, Bangalore
File No. 01/60/162/1038/AM13/EFGC (PRC)
Subject: Request for EOP Extension of Advance Authorization No. 0710066805 dated 3.9.2009.
I. Export obligation period is extended for 3 months from the date of endorsement or upto 31.07.2013 which ever is earlier. II. This is subject to payment of composition fee @ 0.5% on unfulfilled FOB value of exports and minimum value addition of 15% as prescribed under para 4.1.6 of FTP. III. This is further subject to verification by RA that EO as claimed to have been fulfilled is more than 50% within the valid EOP. IV. The applicant is advised to submit the licence for endorsement to RA as early as possible. They are further advised to start discharging their stipulated balance export obligation on the basis of this minutes without waiting for the endoresement is done on the Authorisation. (Action : RA Bangalore/Applicant)
Case No.3. M/s. S. Khoday Silk Twisting Factory, Bangalore
File No. 01/60/162/1039/AM13/EFGC (PRC)
Subject: Request for EOP Extension of Advance Authorization No. 0710066803 dated 3.9.2009.
The committee noted that no considerable exports, which form merit of the case, have been made by the firm within the original validity, hence the request is rejected. The applicant is directed to get their case regularised in terms of Para 4.28 of HBP. (Action RA: Bangalore If the party fails to get the case regularised in terms of Para 4.28 of HBP within a month from the date of communication of this decision, RA shall take action against the firm under the provision of FT(D&R) Act. 1992 and report)
Case No.4. M/s. S. Khoday Silk Twisting Factory, Bangalore
File No. 01/60/162/1036/AM13/EFGC(PRC)
Subject: Request for EOP Extension of Advance Authorization No. 0710065827 dated 08.07.2009.
The committee noted that no considerable exports, which form merit of the case, have been made by the firm within the original validity, hence the request is rejected. The applicant is directed to get their case regularised in terms of Para 4.28 of HBP.
(Action RA: Bangalore If the party fails to get the case regularised in terms of Para 4.28 of HBP within a month from the date of communication of this decision, RA shall take action against the firm under the provision of FT(D&R) Act. 1992 and report)
Case No.5. M/s. S. Khoday Silk Twisting Factory, Bangalore
File No. 01/60/162/1037/AM13/EFGC(PRC)
Subject: Request for EOP Extension of Advance Authorization No. 0710065826 dated 08.07.2009.
The committee noted that no considerable exports, which form merit of the case, have been made by the firm within the original validity, hence the request is rejected. The applicant is directed to get their case regularised in terms of Para 4.28 of HBP. (Action RA: Bangalore If the party fails to get the case regularised in terms of Para 4.28 of HBP within a month from the date of communication of this decision, RA shall take action against the firm under the provision of FT(D&R) Act. 1992 and report)
Case No.6. M/s Super Seals India Limited, New Delhi
File No. 01/60/162/1011/AM13/EFGC (PRC)
Subject: Request for revalidation of DEPB No. 0510280702 dated 30.12.2010.
The Committee noted that the firm could not utilized the DEPB on account of verification of non utilization certificate of DEPB. The committee decided to revalidate the aforesaid DEPB for 3 months from the date of endorsement or upto 31.7.2013 whichever is earlier. (Action : RA, Delhi)
Case No.7. M/s Western Cables Pvt Limited, Mumbai
File No. 01/94/180/157/AM11/PCIV/ (PRC)
Subject: Request for revalidation of Advance Authorization No. 0310540617 dated 7.10.2009.
Deferred for obtaining chronological events/ facts of the case from the firm. (Action : Applicant)
Case No.8. M/s Prachi Pharmaceuticals, Mumbai
File No. 01/60/162/790/AM12/EFGC (PRC) Subject: Request for clubbing of 8 advance authorizations. no. 1. 0310190733 dt. 27.3.03, 2. 0310319122 dt.28.2.05, 3. 0310333936 dt. 10.6.05, 4. 0310349532 dt. 28.9.05, 5. 0310345365 dt. 30.8.05, 6. 0310463558 dt. 3.3.08, 7. 0310387052 dt.27.6.06 and .8. 0310338369 dt. 8.7.05. . i. The applicant has now option to apply to RA for clubbing the authorizations of his choice subject to the condition that the gap between the authorizations is not more than 36 months from the date of issuance of earliest authorization. ii. The clubbing is allowed for regularization and closure purpose and not for any further exports/imports. Excess import, if any, may be regularized in terms of Para 4.28 of HBP. iii. RA may grant necessary extension in EO subject to composition fee @ 0.5% of FOB value of export made beyond the stipulated EOP for clubbing and regularization. RA is also directed to examine the case in terms of Para 4.1.6 of FTP and ensure 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 authorizations to be clubbed. RA should ensure proper accounting of the duty free inputs with reference to the export product while clubbing the authorizations. . iv. RA may do clubbing subject to the condition that no adjudication order is issued against any licence to be clubbed.
to the export product while clubbing the authorizations. . iv. RA may do clubbing subject to the condition that no adjudication order is issued against any licence to be clubbed. (Action : RA, Mumbai/Applicant)
Case No.9. M/s GSC Glass Limited, New Delhi
File No. 01/60/162/776/AM13/EFGC (PRC) Subject: Request for revalidation of Advance Authorization No. 0510256125 dated 11.09.2009 and change of nomenclature of import items. 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.10. M/s Eastman International, Ludhiana.
File No. 01/94/180/157/AM11/PC4/EFGC (PRC)
Subject: Request for revalidation of 15 DFIAs.
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.11. M/s Trident Limited
File No. 01/94/180/332/AM13/PC4 Subject: Request for grant of DEPB against timebarred 98 shipping bills which were held by Assessing Authority, Punjab Excise and Taxation Ludhiana from 29.1.05 to 2.5.2012. The Committee decided that the DEPB may be considered on the shipping bill entitlement subject to fulfillment of other terms and conditions that were seized by the Sales Tax Department of State and were in their custody. Before issuing DEPB, RA need to check and ensure that shipping bills were actually in custody of Sales Tax Department. (Action : RA, Ludhiana)
Case No.12. M/s R.L. Fine Chemicals
File No. 01/60/162/762/AM13/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization No.0710069721 dated 01.02.2010.
I. Export obligation period is extended for 6 months from the date of endorsement or upto 31.10.2013 which ever is earlier. II. This is subject to payment of composition fee @ 0.5% on unfulfilled FOB value of exports and minimum value addition of 15% as prescribed under para 4.1.6 of FTP. III. This is further subject to verification by RA that EO as claimed to have been fulfilled is more than 50% within the valid EOP. IV. The applicant is advised to submit the licence for endorsement to RA as early as possible. They are further advised to start discharging their stipulated balance export obligation on the basis of this minutes without waiting for the endoresement is done on the Authorisation. (Action : RA Bangalore/Applicant)
Case No.13. M/s Aarti Industries Limited, Mumbai
File No. 01/60/162/658/AM13/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization No. 0310535665 dated 28.08.2009.
Deferred for reexamination.
Case No.14. M/s Shree Renuka Sugars Limited, Belgaum
File No. 01/60/162/969/AM13/EFGC (PRC)
Subject: Request for clubbing of (4) Advances Authorization & for closure/EODC
1. 0710061645 dt. 11.12.2008 2. 0710062374 dt. 13.01.2009 3. 0710076122 dt. 20.12.2010 4. 0710076546 dt. 07.01.2011 After deliberating the case in length and taking into consideration the facts of the case, the following decisions were taken: i) To allow clubbing of 4 above referred Advance Authorizations. ii) This is only for regularization and closure purpose and not for any further exports/imports. Excess import if any may be regularized in terms of Para 4.28 of HBP. iii) RA may grant necessary extension in EO subject to composition fee @ 0.5% of FOB value of export made beyond the stipulated EOP for clubbing and regularization. RA is also directed to examine the case in terms of Para 4.1.6 of FTP and ensure 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 authorizations to be clubbed. RA should ensure proper accounting of the duty free inputs with reference to the export product while clubbing the authorizations. iv) RA may do clubbing subject to the condition that no adjudication order is issued against any licence to be clubbed. (Action : RA, Bangalore)
Case No.15. M/s Imperial Readymade Garments Factory India Pvt Limited, Sriperumbudur
File No. 01/60/162/05/AM14/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization No. 0410108432 dated 13.10.2009
I. Export obligation period is extended for 6 months from the date of endorsement or upto 31.10.2013 which ever is earlier. II. This is subject to payment of composition fee @ 0.5% on unfulfilled FOB value of exports and minimum value addition of 15% as prescribed under para 4.1.6 of FTP. III. This is further subject to verification by RA that EO as claimed to have been fulfilled is more than 50% within the valid EOP. IV. The applicant is advised to submit the licence for endorsement to RA as early as possible. They are further advised to start discharging their stipulated balance export obligation on the basis of this minutes without waiting for the endoresement is done on the Authorisation. (Action : RA Bangalore/ Applicant)
Case No.16. M/s Manatec Electex Electronics Pvt Limited, Puducherry
File No. 01/60/162/08/AM14/EFGC (PRC)
Subject: Request for revalidation of Advance Authorization No. 2510002866 dated 21.05.2010.
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.17. M/s Manatec Electex Electronics Pvt Limited, Puducherry
File No. 01/60/162/09/AM14/EFGC (PRC)
Subject: Request for revalidation of Advance Authorization No. 2510002710 dated 29.01.2010.
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.18. M/s Shalina Labortories Pvt Limited, Mumbai
File No. 01/60/162/686/AM13/EFGC (PRC) Subject: Request for clubbing of two Advance Authorization No. 0310477994 dated 09.07.2008, (2) 0310488616 dated 01.10.2008.
I. The committee rejected the request for clubbing of the above two authorizations on the ground that exports made in the subsequent authorizations are beyond the validity of export obligation period of first authorization even after extension. II. However, Export obligation period is extended from 6 months to 12 months from the date of first import consignment against the AAs. III. This is only for regularization and closure purpose. IV. This is subject to a payment of composition fee @ 0.5% of FOB value of export made outside the original EOP and minimum value addition of 15% as prescribed under para 4.1.6 of FTP is achieved. V. The applicant has to pay duty +interest on inputs consumed and exported after 12 months from date of first import. VI. PC18 condition is waived on this exports to the extent of requirement of reexport/destruction certificate on export made outside the extended EOP. (Action : RA, Mumbai)
Case No.19. M/s Concept Pharmaceuticals Limited, Mumbai
File No. 01/60/162/847/AM13/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization No. 0310424995 dated 29.03.2007.
I. Export obligation period is extended from 6 months to 12 months from the date of first import consignment. II. This is only for regularization and closure purpose. III. This is subject to a payment of composition fee @ 0.5% of FOB value of export made outside the original EOP and minimum value addition of 15% as prescribed under para 4.1.6 of FTP. IV. The applicant has to pay duty +interest on inputs consumed and exported after 12 months from date of first import. V. PC18 condition is waived on this exports to the extent of requirement of reexport/destruction certificate on export made outside the extended EOP. (Action : RA, Mumbai
Case No.20. M/s Veerprabhu Export House, Mumbai
File No. 01/60/162/13/AM14/EFGC (PRC)
Subject: Request for revalidation of DFIA No. 0310572823 dated 05.05.2010.
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.21. M/s Supermax Perconal Care Pvt Limited, Mumbai
File No. 01/60/162/11/AM14/EFGC (PRC)
Subject: Request for EOP extension & revalidation of Advance Authorization No. 0310548550 dated 01.12.2009.
I. Export obligation period is extended for 6 months from the date of endorsement or upto 31.10.2013 which ever is earlier. II. The request for revalidation is rejected. III. This is subject to payment of composition fee @ 0.5% on unfulfilled FOB value of exports and minimum value addition of 15% as prescribed under para 4.1.6 of FTP. IV. This is further subject to verification by RA that EO as claimed to have been fulfilled is more than 50% (even on prorata basis) within the valid EOP. V. The applicant is advised to submit the licence for endorsement to RA as early as possible. They are further advised to start discharging their stipulated balance export obligation on the basis of this minutes without waiting for the endorsement is done on the Authorization. (Action : RA Mumbai)
Case No.22. M/s Supermax Perconal Care Pvt Limited, Mumbai
File No. 01/60/162/12/AM14/EFGC (PRC)
Subject: Request for EOP extension & revalidation of Advance Authorization 0310548916 dated 03.12.2009.
I. Export obligation period is extended for 6 months from the date of endorsement or upto 31.10.2013 whichever is earlier. II. The request for revalidation is rejected.
III. This is subject to payment of composition fee @ 0.5% on unfulfilled FOB value of exports and minimum value addition of 15% as prescribed under para 4.1.6 of FTP. IV. This is further subject to verification by RA that EO as claimed to have been fulfilled is more than 50%(even on prorata basis) within the valid EOP. V. The applicant is advised to submit the licence for endorsement to RA as early as possible. They are further advised to start discharging their stipulated balance export obligation on the basis of this minutes without waiting for the endoresement is done on the Authorisation. (Action : RA Mumbai)
Case No.23. M/s Sadhna Nitro Chem Limited, Mumbai
File No. 01/60/162/497/AM13/EFGC (PRC) Subject: Request for EOP extension upto 31.12.2013 for fulfilment of export obligation or clubbing by way of set off the unutilized import on Authorization No. 03105577716 dated 07.06.2010 against excess import on Authorization No. 0310452357 dated 03.12.2007 I. The Committee reiterated its earlier decision of PRC meeting dt. 06.11.2012 and once again rejected the request of the firm for EOP extension as the authorization is too old. II. The request of clubbing is also rejected because of having different import products. III. The applicant is directed to get their case regularised in terms of Para 4.28 of HBP. (Action RA: Mumbai If the party fails to get the case regularised in terms of Para 4.28 of HBP within a month from the date of communication of this decision, RA shall take action against the firm under the provision of FT(D&R) Act. 1992 and report)
Case No.24. M/s Persang Alloy Industries
File No. 01/60/162/1015/AM13/EFGC (PRC)
Subject: Request for revalidation of Advance Authorization No. 3410022543 dated 16.10.2008 & 3410022544 dated 16.10.2008
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.25. M/s Apollo Tyres Limited, Gurgaon
File No. 01/60/162/1025/AM13/EFGC (PRC) Subject: Request for EOP extension of 2 Advance Authorization no. 0510256543 dated. 18.01.2010 and 0510256546 dt. 18.01.2010. The committee noted that no considerable exports, which form merit of the case, have been made by the firm within the original validity, hence the request is rejected. The applicant is directed to get their case regularised in terms of Para 4.28 of HBP. (Action RA: Bangalore If the party fails to get the case regularised in terms of Para 4.28 of HBP within a month from the date of communication of this decision, RA shall take action against the firm under the provision of FT(D&R) Act. 1992 and report)
Case No.26. M/s Vidyut Metalics P. Limited
File No. 01/60/162/995/AM12/EFGC (PRC)
Subject: Request for regularization and EOP extension of Advance Authorization No. 0310317008 dated 16.02.2005.
The Committee reiterated its earlier decision of PRC meeting dt. 07.02.2012 and once again rejected the request of the firm as there is no merit in the facts/reasons for reconsideration.
Case No.27. Reference from RA, Kolkata
File No. 01/60/162/06/AM14/EFGC (PRC) Subject: Request for revalidation of 20 DFIAs issued to M/s. Lkucky Gold Star Co. Ltd.,M/s. Ethic Commercials Ltd. , M/s. Eastern Silk India Ltd. and M/s. PK Textiles Ltd. – reference from RA, Kolkata The committee noted that RA Kolkata had referred the issue regarding admissibility of above referred DFIAs which were issued under SION J 124. Transferability and revalidation of said DFIAs were held up due to pending decision of Norms Committee. Now, Norms Committee has clarified that item exporter are one and the same as per J124 of SION. The Committee, therefore, decided to allow 3 months revalidation or upto 31/07.2013. whichever is earlier, for DFIAs issued to the abovereferred firms.
Case No.28. M/s The Metal Power Co. Limited
File No. 01/60/162/910/AM13/EFGC (PRC)
Subject: Request for 2nd revalidation of Advance Authorization No. 3510027777 dated 29.09.2009.
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.29. M/s. Proficons Electronics Mfg. Co., Pune
File No. 01/60/162/1029/AM13/EFGC (PRC)
Subject: Request for regularisation of shortfall against Advance Authorization No. 3110030687 dated 07.09.2007.
The Committee noted that the item exported was Electrical Control Panel which cannot be manufactured without utilisation of all components/parts. Moreover, the exporter has received the full remittances against the goods and buyer has no complaint. The Committee, therefore, decided to allow redemption on the basis of an affidavitcumindemnity bond that all imported inputs were consumed in the resultant product.
Case No.30. M/s Supermax Personal Care Pvt Limited, Mumbai
File No. 01/60/162/615/AM13/EFGC (PRC)
Subject: Request for EOP extension and revalidation of Advance Authorization No. 0310549396 dated 07.12.2009.
I. Export obligation period is extended for 6 months from the date of endorsement or upto 31.10.2013 which ever is earlier. II. The request for revalidation is rejected. III. This is subject to payment of composition fee @ 0.5% on unfulfilled FOB value of exports and minimum value addition of 15% as prescribed under para 4.1.6 of FTP. IV. This is further subject to verification by RA that EO as claimed to have been fulfilled is more than 50% (even on prorata basis) within the valid EOP. V. The applicant is advised to submit the licence for endorsement to RA as early as possible. They are further advised to start discharging their stipulated balance export obligation on the basis of this minutes without waiting for the endoresement is done on the Authorisation. (Action : RA Mumbai)
Name of the firm Advance Authorization No. & Date Meeting No. Date of communication Representation submitted on Present Status M/s. Bharat Heavy Electricals Ltd; Trichirapalli. 0410118773 dated 10.11.2010 Norms Committee I 24/13 held on 19.02.2013 12.06.2012 9.1.2013 Approved
Case No.31. M/s Greatship (India) Limited Mumbai
File No. 01/61/180/256/AM13/PC3
Subject: Request for urgent transfer & sale of Vessel Great ship Amrita Imported utilizing the SFIS Duty Scrips.
The committee noted the request of the party and agreed to grant NOC for transfer and sale of vessels imported against 8 SFIS scripts obtained during 200910 period. RA to take action as per Para 2.43 of HBP. .
Case No. 32 Reference received from Norms Committees
F.No.
Subject: PRC condoned delay in filing representation beyond 4 months for consideration by NC in following cases.
Norms CommitteeI Norms CommitteeIV : Cases placed before NC in January, 2013 S.No. Name of the firm Adv. Autho. No. M.No. & Date Date of communication of earlier decision Representation submitted on Present status 1. Kempsz Trading (P) Ltd, 0710079220 dated 18.5.2011 41/13 9.1.13 8.2.2012 15.3.2012 Approved 2. Specialty Packaging 0310649802 Dated 23.8.2011 43/13 23.1.13 21.6.2012 1.10.2012 do 3. Hindustan Composites Ltd, 0310313025 dated 21.01.2005 43/13 23.1.13 2005 in DESIII section Feb., 2012 do DESII : Cases placed before NC in February, 2013 Sl Name of firm AA No. & Date Norms Representation
No. ratified on made on 1 M/s ALD Dynatch Furnaces Pvt. Ltd 0310526069 dtd 26.06.2009 19.10.2011 12.12.2012 2 M/s Associated Cables Pvt. Ltd 310530966 dated 28.07.2009 09.08.2011 01.11.2012 3 M/s The Wipe Hotwire India Thermal Equipments (P) Ltd. 1310037858 dated 02.12.2011 14.8.2012 07.02.2013 4 M/s Minox Metal (P) Ltd 0710070925 dtd 13.4.2010 13.9.2011 10.12.2012 5 M/s Ador Powertron Ltd 3110047333 dated 11.03.2011 27.03.2012 08.09.2012 6 M/s RPG Cables Ltd 0310526436 dated 30.9.2009 27.9.2011 30.8.2012 7 M/s Havells India Limited 0510214655 dtd 08.1.2008 22.07.2008 05.07.2012 8 M/s Vijai Electricals Ltd. 0910039958 dated 18.11.2009 30.3.2010 24.1.2013 9 M/s Vijai Electricals Ltd. 0910038235 dated 16.6.2009 17.01.2011 16.11.2012 10 M/s Vijai Electricals Ltd. 0910041023 dated 19.2.2010 12.11.2010 03.09.2012 11
58 dated 18.11.2009 30.3.2010 24.1.2013 9 M/s Vijai Electricals Ltd. 0910038235 dated 16.6.2009 17.01.2011 16.11.2012 10 M/s Vijai Electricals Ltd. 0910041023 dated 19.2.2010 12.11.2010 03.09.2012 11 M/s Welspun Corp Ltd 3410026419 dated 19.2.2010 21.12.2010 16.11.2012 The Committee ended with the Vote of Thanks to the Chair.
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