DGFT Committee Minutes
THE POLICY RELAXATION COMMITTEE (PRC) MEETING NO. 07/AM14 HELD ON 28.05.2013 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 Mukesh Bhatnagar Addl.DG 3. Shri L.B. Singhal Addl. DG 4. Shri K.C. Raut Addl. DG 5. Shri S.K. Samal Jt. DGFT 6. Shri Hardeep Singh Jt.DGFT 7. Shri Jaikant Singh Jt. DGFT 8. Shri Jaykaran Singh Jt. DGFT 9. Shri Ajay Kumar Srivastava 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 Dona Apparels Pvt. Limited, Gurgaon.
F.No. 01/60/162/87/AM14/EFGC (PRC) PRC Meeting No. 07/AM14 dated 28.05.2013
Subject: Request for EOP extension of annual Advance Authorization No. 0510257669 dated 04.02.2010.
The case was deferred for reexamination.
Case No.2. M/s Wockhardt Limited, Mumbai.
F.No. 01/60/162/90/AM14/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization No. 0310474461 dated 12.6.2008.
After deliberating the case at 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 not for prospective export. Thi i bj t t t f iti f @ 0 5% f FOB l f t d t id th i i l EOP d i i l dditi
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.3. M/s Wockhardt Limited, Mumbai.
F.No. 01/60/162/93/AM14/EFGC (PRC) Subject: Request for EOP extension of Advance Authorization No. 0310475246 dated 18.06.2008 issued under PC9 condition for regularization purpose . 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 not for prospective export. 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.4. M/s Wockhardt Limited, Mumbai.
F.No. 01/60/162/91/AM14/EFGC (PRC) Subject: Request for EOP extension of Advance Authorization No. 0310532916 dated 07.08.2009 issued under PC9 condition for regularization purpose . I Export obligation period is extended from 6 months to 12 months from the date of first import consignment
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 not for prospective export. 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.5. M/s Wockhardt Limited, Mumbai.
F.No. 01/60/162/92/AM14/EFGC (PRC) Subject: Request for EOP extension of Advance Authorization No. 0310545253 dated 12.11.2009 issued under PC9 condition for regularization purpose. 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 regularized 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.6. M/s Medreich Limited, Bangalore.
F.No. 01/60/162/112/AM14/EFGC (PRC) Subject: Request for extension in EOP period for the purpose of regularization by clubbing the 4 Advance Authorization Nos. 1. 0710061336 dated 26.11.2008, 2. 0710063294 dated 26.02.2009, 3. 0710063755 dated 20.03.2009, 4. 0710064569 dated 06.05.2009. i. To allow clubbing of 4 above advance authorizations as referred above. ii Exports made against subsequent authorization but within 12 months ( upto 31 12 2009) from the date of import of first consignment
ii. Exports made against subsequent authorization but within 12 months ( upto 31.12.2009) from the date of import of first consignment against earliest authorization shall only be taken into account for clubbing of authorizations. 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 Value addition of minimum 15% or as stipulated in the authorization whichever is higher shall be ensured. 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.7. M/s Medreich Limited, Bangalore.
F.No. 01/60/162/106/AM14/EFGC (PRC) Subject: Request for extension in EOP and clubbing for the purpose of regularization of 2 Advance Authorization Nos. 1.0710052078 dated 20.06.2007, 2.0710053240 dated 10.09.2007 issued under PC9 condition. i. To allow clubbing of 2 above advance authorizations as referred above. ii. Exports made against subsequent authorizations but within 12 months ( upto 31.7.2008) from the date of import of first consignment against earliest authorization shall only be taken into account for clubbing of authorizations. 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 Value addition of minimum 15% or as stipulated in the authorization whichever is higher shall be ensured. 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.8. M/s Medreich Limited, Bangalore.
F.No. 01/60/162/121/AM14/EFGC (PRC)
Subject: Request for extension in EOP against Advance Authorization No 0710055104 dated 26 12 2007
Subject: Request for extension in EOP against Advance Authorization No. 0710055104 dated 26.12.2007.
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. VI. The material still balance and unutilized shall be regularized in terms of provision of PC18 dt. 30.10.2007. (Action : RA, Bangalore)
Case No.9. M/s Medreich Limited, Bangalore.
F.No. 01/60/162/110/AM14/EFGC (PRC) Subject: Request for extension in EOP and clubbing for the purpose of regularization of 3 Advance Authorizations Nos. 1.0710065057 dated 28.05.2009, 2.0710065661 dated 29.06.2009, 3.0710066306 dated 03.08.2009. i. To allow clubbing of 3 above advance authorizations as referred above. ii. Exports made against subsequent authorizations but within 12 months ( upto 31.7.2010) from the date of import of first consignment against earliest authorization shall only be taken into account for clubbing of authorization. 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 Value addition of minimum 15% or as stipulated in the authorization whichever is higher shall be ensured. 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.10. M/s Mohan Brewaries and Distilleries Limited, Chennai.
F.No. 01/60/162/186/AM12/EFGC (PRC) Subject: Request for EOP extension of (6) Advance Authorization Nos. 1.410063219 dated 19.10.2004, 2.410064468 dated 25.11.2004, 3.410069650 dated 15.04.2005, 4.410069654 dated 15.04.2005, 5.410071130 dated 03.06.2005, 6.410072260 dated 13.07.2005. Deferred for reexamination. (Action : PRC)
Case No.11. M/s Liebherr machine Tools India Pvt. Limited, Bangalor.
F.No. 01/60/162/120/AM14/EFGC (PRC)
Subject: Request for issue of EODC/Closing of Advance Authorization No. 0710069408 dated 13.01.2010.
Deferred for reexamination by PCIV. (Action : PCIV)
Case No.12. M/s Givo Limited, Gurgaon.
F.No. 01/60/162/587/AM08/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization No. 0510143868 dated 24.11.2004.
It was observed that the PRC has already allowed extension upt0 48 months and no rehabilitation package under BIFR has been approved, therefore, after deliberating the case at length the committee rejected the request for prospective exports and reiterated its decision taken in PRC meeting no. 27/AM13 dt. 2.11.2012.
Case No.13. M/s Skipper Limited, Kolkata.
F.No. 01/60/162/263/AM13/EFGC (PRC) Subject: Request for EOP extension of Advance Authorization No. 0210126023 dated 30.04.2009 for regularization purpose.
I. Export obligation period is extended upto 48 months from the date of issue of authorization.. 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. This is also subject to the condition that the case has not been adjudicated. V. Shortfall, if any, shall be regularized in terms of Para 4.28 of HBP. (Action : RA, Kolkata)
Case No.14. M/s Bilt Graphic Paper Products Limited, ( Unit Bhigwan), Pune
F.No. 01/60/162/70/AM14/EFGC (PRC) Subject: Request for clubbing of (2) old Authorizations Nos. 1.31003530 dated 06.09.1999, 2.3110000253 dated 21.12.1999 prior to 2002. The Committee observed that two licences were issued in the same financial year and exports were made within the original validity of EOP. Therefore, after deliberating at length, the following decisions were taken: i. The condition of Para 4.20.5 of PN 79 dt. 13.10.2011 is relaxed. ii. To allow clubbing of above mentioned 2 Advance Authorizations iii. 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. iv. RA is 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. v. RA may do clubbing subject to the condition that no adjudication order is issued against any licence to be clubbed. (Action : RA, Pune)
Case No.15. M/s Vidyut Matallics Pvt. Limited, Mumbai.
F.No. 01/60/162/456/AM13/EFGC (PRC) S bj t R t f l bbi f Ad A th i ti N 0310148811 d t d 19 7 2002 & 0310376353 d t d 18 04 2006 li i
Subject: Request for clubbing of Advance Authorization Nos. 0310148811 dated 19.7.2002 & 0310376353 dated 18.04.2006 as per policy prior to PN 79 dt. 13.10.2011. The Committee noted that in terms of Para 4.20.4 of HBP prior to PN 79 dt. 13.10.2011 provided that last date of export should be within the validity of first licence. In this case export obligation period under first licence was upto 31.1.2004. Considering two extensions of 6 months each, export obligation period can be extended upto 31.1.2005. Whereas last date of export under subsequent licence is 5.5.2008. Therefore request for clubbing can not be considered as per earlier provision prior to PN 79. Hence the request is rejected. The applicant is directed to get the case regularized 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.16. M/s Medreich Limited, Bangalore.
F.No. 01/60/162/111/AM14/EFGC (PRC) Subject: Request for clubbing of (2) Advance Authorization Nos. 0710070197 dated 23.02.2010 with 0710074175 dated 10.05.2010 issued under PC9 condition for regularization purpose. i. To allow clubbing of 2 above advance authorizations as referred above. ii. Exports made against subsequent authorization within 12 months ( upto 30.9.2011) from the date of import of first consignment against earliest authorization shall only be taken into account for clubbing of authorization. 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 Value addition of minimum 15% or as stipulated in the authorization whichever is higher shall be ensured. 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.17. M/s Medreich Limited, Bangalore.
F.No. 01/60/162/109/AM14/EFGC (PRC) Subject: Request for clubbing of (4) Advance Authorization Nos 1 0710072323 dated 18 06 2010 2 0710073911 dated 30 08 2010 3
Subject: Request for clubbing of (4) Advance Authorization Nos. 1. 0710072323 dated 18.06.2010, 2. 0710073911 dated 30.08.2010, 3. 0710074194 dated 16.09.2010, 4. 0710083012 dated 04.10.2011 issued under PC9 condition for regularization purpose. i. To allow clubbing of 4 above advance authorizations as referred above. ii. Exports made against subsequent authorization within 12 months ( upto 31.03.2012) from the date of import of first consignment against earliest authorization shall only be taken into account for clubbing of authorization. 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 Value addition of minimum 15% or as stipulated in the authorization whichever is higher shall be ensured. 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.18. M/s Tirupati Containers Pvt. Limited.
F.No. 01/60/162/784/AM13/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization No.0510250568 dated 09.10.2009.
After deliberating the case at length the committee noted that when the firm earlier approached for extension in export obligation, 6 months extension was granted. Therefore, it was incumbent on the part of firm to complete the export within the extended EOP. The applicant is therefore advised to complete the exports as per the relaxation already allowed and obligation period is still valid upto 31.7.2013. DBK shipping bills can not be accepted towards discharge of export obligation against Advance Authorization. Therefore, request for further EOP extension and to consider DBK shipping bills was rejected.
Case No.19. M/s Parkwood Farms Pvt. Limited, Kolkata.
F.No. 01/60/162/728/AM13/EFGC (PRC)
Subject: Request for regularization of Advance Authorization No. 0210122172 dated 14/01/2009.
The case was placed before the Committee and after deliberating the case at length the following decision was taken: I. Export obligation fulfilled within 6 months from the date of import of each consignment shall be accepted towards regularization. II. Shortfall, if any, in exports shall be regularized in terms of Para 4.28 of HBP.
III. This is subject to payment of composition fee @ 0.5% of FOB value of export made outside the original EOP (Action : RA Kolkata)
Case No.20. M/s Reliance Industries Limited, Mumbai.
F.No. 01/60/162/122/AM13/EFGC (PRC)
Subject: Request for revalidation of 12 DEPB/FMS/VKUY scrips for 6 months
1. 0610013900 dated 05.08.2008. 2. 0510233257 dated 23.12.2008. 3. 0410099043 dated 06.10.2008. 4. 5310007377 dated 19.01.2009. 5. 1010031289 dated 20.10.2008. 6. 5310006520 dated 25.09.2008. 7. 0310488836 dated 03.10.2008. 8. 0310487938 dated 26.09.2008. 9. 0310473898 dated 10.06.2008. 10. 0310495589 dated 25.11.2008. 11. 0310458735 dated 23.01.2008. 12. 0310487997 dated 26.09.2008. The committee noted that the excess duty collected by Customs has been recredited to the DEPBs after their expiry. The committee deliberated the issue in detail and decided that M/s. Reliance Industries Ltd. Mumbai should take up the matter with Deptt. of Revenue, Ministry of Finance. Jt.DG(PCIV) may also take up the issue with DOR.
Case No.21. M/s Essar Steel Pvt. Limited.
F.No. 01/60/162/681/AM13/EFGC (PRC) Subject: Request for revalidation of (6) Advance Authorization Nos. 3110032304 dated 16.01.2008, 3110031732 dated 15.02.2008, 3110033082 dated 13.03.2008, 3110034741 dated 06.08.2008, 3110035694 dated 08.10.2008 & 3110039311 dated 20.07.2009. The committee noted that the acquisition/merger must have been done with due diligence. The party willfully acquired assets and liabilities of the company Hence the committee did not find sufficient reasons to revalidate the expired authorizations
company. Hence the committee did not find sufficient reasons to revalidate the expired authorizations.
Case No.22. M/s Gandhar Oil Refinery India Limited, Mumbai.
F.No. 01/60/162/1228/AM12/EFGC (PRC)
Subject: Request for revalidation of DEPB No. 0310478260 dt. 10.07.2008.
The Committee noted that the firm could not utilize the amount of enhanced DEPB on account of non transmission of amended sheet. The committee therefore decided to revalidate the aforesaid DEPB for the enhanced DEPB amount only for 3 months from the date of transmission of said DEPB to ICEGATE Custom. EDI may arrange to transmit the amendment sheets dt. 18.11.2009 to ICEGATE. (Action : EDI/RA, Mumbai)
Case No.23. M/s United Phosphorus Limited, Mumbai.
F.No. 01/60/162/233/AM13/EFGC (PRC)
Subject: Request for revalidation of Advance Authorization No. 0310497542 dated 12.12.2008.
Justification and reasons cited by the applicant are not convincing to the committee hence the request is rejected reiterating the earlier decision of PRC meeting held on 10.7.2012.
Case No.24. M/s United Phosphorus Limited, Mumbai.
F.No. 01/60/162/674/AM13/EFGC (PRC)
Subject: Request for revalidation of Advance Authorization No. 0310549699 dated 08.12.2009.
Justification and reasons cited by the applicant are not convincing to the committee hence the request is rejected reiterating the earlier decision of PRC meeting held on 18.2.2012.
Case No.25. Reference from Secretary ASMECHEM Chamber of Commerce & Industry.
F.No. 01/60/162/116/AM14/EFGC (PRC)
Subject: Request for consideration of revalidation and/or clubbing of Advance Authorizations
j q g General issue raised by ASMECHEM Chamber of Commerce & Industry were discussed. There was no specific case for consideration of PRC.
Case No.26. M/s Royal Brush (P) Limited.
F.No. 01/60/162/857/AM13/EFGC (PRC)
Subject: Request for revalidation of Advance Authorization No. 0310561884 dated 25.02.2010.
Justification and reasons cited by the applicant are not convincing to the committee hence the request is rejected reiterating the earlier decision of PRC meeting held on 22.1.2013.
Case No.27. M/s Galaxy Surfactants Limited, Mumbai.
F.No. 01/60/162/362/AM13/EFGC (PRC)
Subject: Request for revalidation of Advance Authorization No. 0310547355 dated 25.11.2009.
Justification and reasons cited by the applicant are not convincing to the committee hence the request is rejected reiterating the earlier decision of PRC meeting held on 11.9.2012.
Case No.28. M/s Bajaj Overseas Bangalore
F.No. 01/60/162/496/AM13/EFGC (PRC)
Subject: Request for revalidation of DFIA Authorization No. 0710069243 dated 04.01.2010.
The committee noted that there was inordinate delay on the part of RA in granting waiver of bond/revalidation and therefore it was decided to allow revalidation of said DFIA for a month from the date of endorsement but not beyond 31.7.2013. The applicant is advised to submit DFIA for endorsement as early as possible. (Action : RA Bangalore)
Case No.29. M/s ITC Limited, Kolkata.
F.No. 01/60/162/411/AM13/EFGC (PRC) Subject: Request for revalidation of (5) Advance Authorization Nos. 0910038859 dated 10.07.2009, 0910038783 dated 03.08.2009, 0910039165
dated 31.08.2009, 0910039078 dated 27.08.2009 & 0910039748 dated 28.10.2009. After discussion in details following decisions were taken: I. The request for revalidation of advance authorizations appearing at sr. no. 1 to 4 is rejected as it was noted from the report received from the EDI that there was no delay in transmission of data/amendment to the Customs Authority. II. For authorizations at sl. No. 5, it was decided to call for the report from RA and EDI Section that when amendment was carried out by RA and on which date the data was accepted by Customs Server. On receipt of the report, the case will be examined on file. (Action : RA, Hyderabad/EDI)
Case No.30. M/s Galaxy Surfactants Limited, Mumbai.
F.No. 01/60/162/119/AM14/EFGC (PRC)
Subject: Request for revalidation of Advance Authorization No. 0310594241 dated 28.09.2010
The committee noted that there was no delay on the part of RA/Custom in transmitting the data and did not find any merit to relax the policy hence rejected the request.
Case No.31. M/s Brightest Circle Jewellery Limited, Mumbai.
F.No. 01/94/180/47/AM14/PC4/EFGC (PRC) Subject: Request forwarded by Gem & Jewellery EPC for extension of time for clearance of consignment for reimport after participation in overseas exhibition. The Committee agreed to relax the condition of Para 4A.18(a) of HBP allowing reimport of unsold Gems and Jewellery items within a time period of 75 days from the date of closing of the exhibition i.e from 30.11.2012 held in Nepal.
Case No.32. M/s Hindustan Zinc Limited, Udaipur.
F.No. 01/89/180/67/AM09/PC2(A)/Pt.II
Subject: Request for import of underground mining equipments.
The committee considered and granted approval for relaxation of the provisions of Import Licensing Note No. 2(II) (b) & (c) of Chapter 87 of ITC(HS) for import of 18 nos. of new underground mining equipments.
Case No.33. M/s Suzlon Energy Limited, Ahmadabad.
F.No. 01/60/162/125/AM14/EFGC (PRC) Subject: Request for regularization of EO fulfillment of condoning the procedural lapse of not mentioning the Advance Authorization No. or file no. on 5 shipping bills and exports were made against No. 3110034801 dated 08.08.2008 The Committee noted that out of 22 S/bills against the 5 shipping bill no. 3681452 dt. 17.3.2010, 3681453 dt. 21.3.2010, 3686416 dt. 21.3.2010, 3686417 dt. 21.3.2010, 3687396 dt. 23.3.2010 the exports are made under scheme code “ 44 Drawback and Concessional Duty EPCG” instead of “ 71 EPCG, Drawback and DEEC” S/bill. However, Advance Authorization details were mentioned in the export invoices. The committee therefore decided that the above mentioned s/bills may be considered for discharge of exports against the Advance Authorization No. 3110034801 dated 8.8.2008 provided the exports product/products were same and the accounting of input/output could be clearly done for regularization. RA may also ensure that no DBK has been paid/ received and shall not be availed in future against the above mentioned shipping bills. The committee also noted that as per Para 2.56 of HBP this could have been done by the Customs, but to bring the matter for closure, the same has been accepted.
Case No.34. M/s Lupin Limited, Mumbai.
F.No. 01/60/162/128/AM14/EFGC (PRC) Subject: Request for EOP extension of Advance Authorization No. 0310627926 dated 25.04.2011 issued under PC9 condition for regularization purpose. I. Export obligation period is extended from 12 months to 18 months from the date of first import of 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 35 M/s Aarti Drugs Limited Mumbai
Case No.35. M/s Aarti Drugs Limited, Mumbai.
F.No. 01/60/162/127/AM14/EFGC (PRC) Subject: Request for EOP extension of Advance Authorization No. 0310521014 dated 25.05.2009 issued under PC9 condition for regularization purpose. IV. Export obligation period is extended from 6 months to 12 months from the date of first import consignment. V. This is only for regularization and closure purpose. VI. 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.36. M/s Southern Sales & services, Bangalore.
F.No. 01/60/162/100/AM14/EFGC (PRC)
Subject: Request for revalidation of Advance Authorization No. 0710074883 dated 19.10.2010.
The committee did not find any cogent reason given by the firm warranting relaxation. Hence, the request is rejected.
Case No.37. M/s Concept Pharmaceutical Limited, Mumbai.
F.No. 01/60/162/85/AM14/EFGC (PRC) Subject: Request for closure of file by waiving the condition of PC9 against Advance Authorization No. 0310528114 dated 9.7.2009. The committee noted that the exports are completed within 6 months from the date of imports, hence waiver from PC9/PC18 is not required.
Case No.38. M/s Medreich Limited, Bangalore.
F.No. 01/60/162/1213/AM12/EFGC (PRC) Subject: Request for EOP extension of Advance Authorization No. 0710057107 dated 25.4.2008 and 0710069117 dated 30.12.2009. The Committee 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 and has paid duty + interest on excess consumption The party shall submit certificate from the excise authority that raw material imported has been
duty + interest on excess consumption. The party shall submit certificate from the excise authority that raw material imported has been consumed/utilized fully. RA may check and verify the aspect of raw material utilization and payment of duty + interest and if found to be true, the case may be regularized. (Action : RA, Bangalore)
Case No.39. M/s Cartoon Sanitation Pvt. Limited, New Delhi.
F.No. 01/60/162/01/AM14/EFGC (PRC) Subject: Request for EOP extension of the (3) Advance Authorization Nos. 1.0610013314 dated 30.04.2008, 2.0610015395 dated 17.04.2009, 3.0610016529 dated 04.11.2009. The committee noted that in the authorization no. 0610013314 dt. 30.4.2008 one extension of 6 months had already been granted. Hence the request of further extension is rejected. In authorizations at sr. no. 2&3 it was noted that no considerable exports, which form merit of the case, have been made by the firm within the original validity and the authorizations is of 4 years old. There is no logic or ground to allow EOP extension beyond 48 months in earlier Authorization/ licence also Hence the request is rejected. The applicant is directed to get their case regularized in terms of Para 4.28 of HBP. (Action : RA. 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) (Action: RA, Kanpur)
Case No.40. M/s LokBeta Pharmaceuticals (I) Limited.
F.No. 01/60/162/129/AM14/EFGC (PRC) Subject: Request for extension of EOP of Advance Authorization No. 0310483229 dated 22.08.2008 issued under PC9 condition. The committee noted that one extension in EOP of 6 months had already been granted by RA. Hence the request of further extension is rejected. However exports made beyond extended validity may be regularized in terms of Para 4.28 of HBP. PC18 condition is waived on such export to the extent of requirement of destruction/reexport condition. The Committee ended with the Vote of Thanks to the Chair.
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