DGFT Committee Minutes
THE POLICY RELAXATION COMMITTEE (PRC) MEETING NO. 08/AM14 HELD ON 04.06.2013 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 R. Selvam Jt. DGFT 7. Shri Hardeep Singh Jt.DGFT 8. Shri Jaikant Singh Jt. DGFT 9. Shri Jaykaran Singh Jt. DGFT 10. Shri Ajay Kumar Srivastava Jt. DGFT 11. Shri A.K. Mishra Stats Advisor 12. Shri S.K. Mohapatra DDG 13. Smt. Sonika Khattar FTDO The decision taken on the individual cases are as under:
Case No.1. M/s LokBeta Pharmaceuticals (I) Limited.
F.No. 01/60/162/130/AM14/EFGC (PRC) PRC Meeting No. 08/AM14 dated 04.06.2013 Subject: Request for waiver of PC18 condition for goods imported against Advance Authorization No. 0310457537 dated 14.01.2008 issued under PC9 condition. It was observed that after the importing of raw material the same were stolen within 15 days from the date of import. There doesn’t seem to be any mala fide intention as the firm has already deposited custom duty with interest. The Committee therefore decided to waive the condition of PC18 dt. 30.10.2007 to the extent of requirement of destruction/reexport of drugs imported from unregistered sources. (Action : RA, Mumbai)
Case No.2. M/s LokBeta Pharmaceuticals (I) Limited.
F.No. 01/60/162/139/AM14/EFGC (PRC) Subject: Request for extension of EOP of Advance Authorization No. 0310541534 dated 14.10.2009 issued under PC9 condition. After deliberating the case at length the following decisions were taken:
After deliberating the case at length the following decisions were taken: I. Export obligation period is extended from 12 months to 18 months from the date of first import consignment. II. This is only for regularization and closure purpose and 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 18 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 Southern Sales & Services, Bangalore.
F.No. 01/60/162/101/AM14/EFGC (PRC)
Subject: Request for revalidation of Advance Authorization No. 0710075516 dated 22.11.2010
The committee did not find any cogent reason given by the firm warranting relaxation. Hence, the request is rejected.
Case No.4. M/s Birla Tyres, Kolkata.
F.No. 01/94/180/417/AM13/PC4
Subject: Request for issue of DEPB against 12 shipping bills pertaining to the year 200203.
The Committee observed that the payment against the shipping bills were realized in the July, 2002. Therefore, the applicant should have filed claim within six months from the date of realization. The applicant did not submit application within the prescribed time limit in terms of Para 4.47 read with Para 9.3 of HBP and has not given any valid reason for filing late.. The Committee, therefore, did not agree to accede the request.
Case No.5. Reference. M/s Sidhhartha Corp. Pvt.. Limited.
F.No. 01/36/218/03/AM14/TC
Subject: Request for facility of self sealing for recipients of Export Recognition Awards.
Withdrawn. In this case no relaxation has been requested. As such, is not subject matter of PRC.
Case No.6. M/s Torrent Pharmaceuticals Limited, Ahmedabad.
F.No. 01/60/162/136/AM14/EFGC(PRC) Subject: Request for grant of 6 months EOP extension of Advance Authorization No. 0810103469 dated 14.09.2011 issued under PC9 condition. After deliberating the case at length the following decisions were taken: i. Export obligation period is extended from 12 months to 18 months i.e. upto 30.04.2013 in continuation from the date of first import consignment. 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. For balance export or export made outside the extended EOP, the applicant should follow condition of Pc18 dt. 30.10.2007. (Action : RA Mumbai)
Case No.7. M/s Aarti Drugs Limited, Mumbai.
F.No. 01/60/162/137/AM14/EFGC(PRC) Subject: Request for clubbing of two Advance Authorization Nos. (1) 0310427181 dated 18.04.2007 (2) 0310428363 dated 30.04.2007 issued under PC9 condition for redemption and regularization purpose. After deliberating the case at length the following decisions were taken: i. Clubbing of 2 above advance authorizations as referred above is allowed. ii. Exports made against subsequent authorization but within 12 months 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, Mumbai)
Case No.8. M/s Aarti Drugs Limited, Mumbai.
F.No. 01/60/162/138/AM14/EFGC (PRC) Subject: Request for extension of EOP of Advance Authorization No. 0310530968 dated 23.7.2009 issued under PC9 condition for redemption and regularization purpose. After deliberating the case at length the following decisions were taken: I. Export obligation period is extended from 6 months to 12 months i.e. upto 31.8.2010 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.9. M/s Indo German Alkalo.
F.No. 01/60/162/131/AM14/EFGC (PRC)
Subject: Request for 2nd revalidation of Advance Authorization No. 0310589403 dated 25.08.2010
The committee did not agree with the reasons and justification given by the party. Hence, the request is rejected.
Case No.10. M/s Calyx Chemicals & Pharmaceuticals Limited, Mumbai.
F.No. 01/60/162/133/AM14/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization 0310489495 dated 08.10.2008.
After detailed discussion it was opined that export obligation period has been reduced from 36 months to 18 months in the amended policy w.e.f. 5.6.2012. Therefore, there is no logic to allow extension beyond 48 months ( including 12 months deemed extension) which PRC considers after 36 months in old cases). The licence under question was issued on 16.10.2008. Now 55 months have been passed but firm could not fulfil EO. Justification that good imported four and a half years back could not be processed and exported. The committee decided to reject the request advising the applicant 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
(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.11. M/s Calyx Chemicals & Pharmaceuticals Limited, Mumbai.
F.No. 01/60/162/134/AM14/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization 0310546112 dated 17.11.2009.
Deferred for further examination.
Case No.12. M/s Calyx Chemicals & Pharmaceuticals Limited, Mumbai.
F.No. 01/60/162/135/AM14/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization 0310559471 dated 10.02.2010.
Deferred for further examination.
Case No.13. M/s DCM Textiles Limited, New Delhi.
F.No. 01/60/162/1766/AM11/EFGC (PRC)
Subject: Request for relaxation of policy procedure for filing of DEPB application for EDI generated 3 shipping bills.
The committee noted that no policy relaxation is required in this case. RA is directed to take necessary action as per Para 9.12 of HBP as the goods were handed over to the Customs Authority before the PN 57 dt. 21.4.2010.. (Action : RA Delhi)
Case No.14. M/s ITC Ltd. Chennai
F.No. 01/91/180/1256/AM12/PC3
Subject: Request for relaxation for the grant of Chapter3 benefit/incentives under the Foreign Trade Policy.
Deferred for further examination.
Case No.15. M/s IDMC Ltd, Vadodara.
F No 01/60/162/178/AM13/EFGC (PRC)
F.No. 01/60/162/178/AM13/EFGC (PRC)
Subject: Request for revalidation of Advance Authorization 3410024191 dated 18.05.2009.
The committee noted that there was no inordinate delay on the part of RA and did not find any reason warranting policy relaxation under para 2.5 of FTP. Hence rejected the request.
Case No.16. M/s Sturdy Industries Ltd.
F.No. 01/60/162/1236/AM12/EFGC (PRC) Subject: Request for EOP extension of Advance Authorization no. 2210007152 dated 18.10.2007 for regularization purpose. The committee noted that in the authorization no. 2210007152 dt. 18.10.2007, PRC had already granted extension EOP upto 48 months. There is no justification for further extension in EOP. Hence the request of further extension is rejected. The applicant is hereby directed to get the case regularized in terms of Para 4.28 of HBP. (Action : RA Chandigarh. 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.17. M/s Supermax Personal Care Pvt. Ltd, Mumbai.
F.No. 01/60/162/617/AM13/EFGC (PRC)
Subject: Request for revalidation of Advance Authorization no. 2210007152 dated 08.02.2010
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 33/AM13 held on 18.12.2012.
Case No.18. M/s Hardayal Eng. Works (P) ltd.
F.No. 01/60/162/142/AM14/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization no. 0510227709 dated 18.09.2008
The committee noted that firm has not exported any quantify. There there is no reason to believe that firm will export now against the authorization obtained more than four and a half years ago. Request is rejected. The applicant is hereby directed to get their case regularized in terms of Para 4.28 of HBP.
(Action : CLA, New Delhi. 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.19. M/s Hardayal Eng. Works (P) ltd.
F.No. 01/60/162/143/AM14/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization no. 0510233976 dated 06.01.2009
The committee noted that firm has not exported any quantify. There there is no reason to believe that firm will export now against the authorization obtained more than four and a half years ago. Request is rejected. The applicant is hereby directed to get their case regularized in terms of Para 4.28 of HBP. (Action : RA CLA, New Delhi. 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.20. M/s Jyoti Apparel, Delhi.
F.No. 01/60/162/140/AM13/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization no. 0510223244 dated 02.07.2008
The committee noted that in the authorization no. 0510223244 dated 02.07.2008, PRC had already granted extension EOP upto 48 months. There is no justification for further extension in EOP. Hence the request of further extension is rejected. The applicant is hereby directed to get the case regularized in terms of Para 4.28 of HBP. (Action : RA CLA, New Delhi. 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.21. M/s Apsara Silks, Bangalore.
F.No. 01/60/162/140/AM14/EFGC (PRC) PRC Meeting No 08/AM14 dated 04 06 2013
Subject: Request for EOP extension of Advance Authorization no. 0710089439 dated 04.07.2012
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 hereby directed to get their case regularized 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.22. M/s Vital Healthcare Pvt. Ltd.
F.No. 01/60/162/152/AM14/EFGC (PRC) Subject: Request for EOP extension of Advance Authorization no. 0310494960 dated 20.11.2008 issued under PC9 condition. The Committee observed that under this licence drugs were imported from unregistered source on 8.12.2008 and only 31% exports obligation are completed. The potency of the drug so imported cannot remain intact for 4 long years. The Committee, therefore, decided to reject the request of the applicant with direction to get the case regularized in terms of Par 4.28 of HBP read with PC18 dt. 30.10.2007. (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.23. M/s JFC Business Ltd, Kolkata.
F.No. 01/60/162/619/AM13/EFGC (PRC)
Subject: Request for revalidation of Advance Authorization No. 0210133974 dated 18.11.2009
The Committee noted that the firm could not utilized the Advance Authorization on account of non acceptance of licence at ICEGATE because of grant of revalidation done manually. The committee on the basis of the report received from RA decided to revalidate the aforesaid authorization for 3 months from the date of endorsement or upto 30.9.2013 which ever is earlier. (Action : RA, Kolkata)
Case No.24. M/s Vital Healthcare Pvt. Ltd.
F No 01/60/162/153/AM14/EFGC (PRC)
F.No. 01/60/162/153/AM14/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization no. 0310495712 dated 26.11.2008
The Committee observed that under this licence drugs were imported from unregistered source on 8.12.2008 and only 33% exports obligation are completed. The potency of the drug so imported cannot remain intact for 4 long years. The Committee, therefore, decided to reject the request of the applicant with direction to get the case regularized in terms of Par 4.28 of HBP read with PC18 dt. 30.10.2007. (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.25. M/s. Dyanamic Technologies Ltd, Bangalore.
F.No. 01/60/162/28/AM14/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization no. 0710092053 dated 22.11.2012
Deferred for seeking more details from RA/Applicant. (Action : RA Bangalore/ Applicant)
Case No.26. M/s GES Polymers Pvt. Ltd, Mumbai.
F.No. 01/60/162/302/AM13/EFGC (PRC)
Subject: Request for revalidation of Advance Authorization No. 0310527322 dated 06.07.2010.
The committee noted that there was no inordinate delay on the part of RA and did not find any reason warranting policy relaxation under para 2.5 of FTP hence rejected the request.
Case No.27. M/s Agro Tech Foods Ltd, Secunderabad.
F.No. 01/53/08/643/AM12/S154/IC Subject: Request for clearance of imported Maize (Corn) from the Customs Port Nhava Sheva After 31.03.2013, which have already reached the port under TRQ issued for FY 201213. The Committee observed that TRQ is issued allowing import of restricted goods under duty concession for the particular financial year which cannot
The Committee observed that TRQ is issued allowing import of restricted goods under duty concession for the particular financial year which cannot be considered for next financial year. The Committee therefore did not accede the request.
Case No.28. Tirupati Plastomatics Pvt. Ltd.
F.No. 01/60/162/145/AM14/EFGC (PRC)
Subject: Closure of Advance Authorization no. 1310021120 dated 10.03.2006
The committee noted that all the supplies have been made before the EDI generated file no./ Ecom reference no. therefore the same can not be counted for discharge of export obligation. Hence the request is rejected. The applicant is hereby directed to get the case regularized in terms of
Para 4.28 of HBP.
(Action: RA, Jaipur 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. 29 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 Commi�ee‐I Sl. No. Name of the firm Adv. Authoriza攋�on. No. M. No. & Date Date of communica攋�on of earlier decision Representa攋�on submi�ed on Present status
- M/s. Larsen & Toubro Limited, Mumbai F.No.01/80/050/01106/AM08/DES‐ I 0310461144 dt.14.02.2008 52/10 dt.30.03.2010 26.05.2010 11.01.2013 Approved
- M/s. Boysen India Limited, Noida 0510299447 dt.11.08.2011 NC No. 24/12 11.04.2012 14.09.2012 Approved
F.No.01/80/050/00278/AM12/DES‐ I dt.11.08.2011 24/12 dt.07.02.2012 3. M/s. Boysen India Limited, Noida F.No.01/80/050/00782/AM11/DES‐ I 0510282994 dt.03.02.2011 NC No. 22/12 dt.24.01.2012 14.03.2012 20.03.2013 Approved 4. M/s. Boysen India Limited, Noida F.No.01/80/050/00129/AM11/DES‐ I 0510263144 dt.27.04.2010 NC No. 26/11 dt.28.09.2010 16.11.2010 20.03.2013 Approved 5. M/s. MMP Filtra攋�on Pvt. Ltd., Kolkata F.No.01/80/050/00896/AM09/DES‐ I 0210111016 dt.02.04.2008 NC No. 47/09 dt.07.02.2009 19.05.2009 27.12.20112 Approved 6. M/s. Clyde Bergemann India Pvt. Ltd., New Delhi F.No.01/80/050/00295/AM13/DES‐ I 0510332726 dt.28.08.2012 NC No. 17/13 dt.13.11.2012 14.12.2012 05.01.2013 Approved Norms Commi�ee‐III S.No, Name of the firm Adv. Lic. No. Mee攋�ng No.& Date Date of Communica攋�on Of earlier decision Representa攋�on submi�ed on Present status 1 M/s. Galaxy Surfactants Limited 0310588363 Dt.18.08.2010 29/AM13 24.01.2013 05.10.2010 18.05.2012 Deferred 2 Divis Laboratories Limited 0910045589 Dt.18.02.2011 25/AM13 29.11.2012 09.08.2011 31.07.2012 Deferred 3. Medreich Limited 0710052078 Dt.20.06.2007 0710053240 Dt 10 09 2007 26/AM13 13.12.2012 15.01.2013 17.05.2012 Approved
Dt.10.09.2007 The Committee ended with the Vote of Thanks to the Chair.
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