DGFT Minutes
In force — no superseding record on file.
Minutes of the Policy Relaxation Committee Meeting no. 24/AM14 held on 08.10.2013 at 11.30 A.M. PRC Meeting was held under the Chairmanship of DGFT. List of officers present in the meeting is given below: 1 Shri D. K. Singh Addl. DGFT 2 Shri V.K. Srivastava Addl. DGFT 3 Shri L.B. Singhal Addl. DGFT 4 Shri K.C. Rout Addl. DGFT 5 Shri Jaikant Singh Addl. DGFT 6 Shri S.K. Samal Jt. DGFT 7 Shri A.K. Srivastava Jt. DGFT 8 Shri Jay Karan Singh Jt. DGFT 9 Shri Hardeep Singh Jt.DGFT 10 Shri Akash Taneja Jt. DGFT 11 Shri S.K. Mohapatra Dy. DGFT 12 Smt. Sonika Khattar FTDO The decision taken on the individual cases are as under:
Case No.1. M/s Ranbaxy Laboratories Limited, Mohali, Punjab.
F.No. 01/60/162/524/AM14/EFGC (PRC) PRC Meeting No. 24/AM14 dated 08.10.2013 Subject: Request for EOP extension till the end of the month of the export obligation period for Advance Authorization No. 0510260084 dated 09.03.2010 issued under PC9 condition. The committee observed that there is no policy relaxation involved in the case. Export obligation period is automatically valid till the last date of the month under Para 2.12.4 of HBP even for authorization issued under Policy Circular No. 9 dated 30/06/2003. However, the following decisions were taken: I. Export obligation period is extended upto 31.5.2011. II. This is only for regularization and closure purpose. III. This is subject to minimum value addition of 15% as prescribed under para 4.1.6 of FTP. (Action: RA, CLA, New Delhi)
Case No.2. M/s Mangalam Drugs and Organics Ltd.
F.No. 01/60/162/520/AM14/EFGC (PRC) Subject: Request for condone PC18 for Advance Authorization No. 0310448629 dated 01.11.2007 issued under PC9 condition for closure / redemption purpose only. The Committee decided the following: I. The request to include 3 S/bills dt. 22.10.2007,22.11.2007 and 28.11.2007 for discharge of EO is rejected as the same are prior to date of import. II. However, Export obligation period is extended from 06 months to 12 months i.e. upto 30.6.2010 from the date of first import consignment. 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. 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 these 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 Ashish Life Science Pvt. Ltd, Thane, Maharashtra.
F.No. 01/60/162/519/AM14/EFGC (PRC) Subject: Request for EOP extension with PC18 waiver for Advance Authorization No. 0310542200 dated 23.10.2009 for three months. The Committee observed that the authorization has been issued under PC9 condition with EOP granted for 12 months from the date of first import. Under PC9 condition PRC generally grants extension in EOP for 6 months from the expiry of the initial EOP. In this case the EOP of 18 months had already been lapsed a long back and no exports have been made within valid EOP. The committee decided to reject the request advising the applicant to get the case regularized in terms of Para 4.28 of HBP read with PC18 dated 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.4. M/s Bharat Parenterals Limited, Vadodara.
F.No. 01/60/162/517/AM14/EFGC (PRC)
Subject: Request for relaxation for importing from unregistered sources without PC9 endorsement on the Advance Authorization No. 3410033169 dated 09.02.2012. The committee observed that there is no policy relaxation involved in the case. RA is directed to take necessary action and report compliance. (Action: RA, Vadodara)
Case No.5. M/s SaintGobain Glass India Ltd, Tamil Nadu.
F.No. 01/60/162/515/AM14/EFGC (PRC) Subject: Request for FOB/CIF value enhancement as well as revalidation for Advance Authorization No. 0410105795 dated 01.07.2009. The committee did not agree with the reasons and justification given by the applicant. Hence, the request is rejected.
Case No.6. M/s SaintGobain Glass India Ltd, Tamil Nadu.
F.No. 01/60/162/516/AM14/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization No. 0410114247 dated 03.06.2010.
The Committee decided the following: I. Export obligation period is extended upto 30.4.2014 or 6 months from the date of endorsement whichever 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% in proportion to import made within original export obligation period. IV. The applicant is advised to submit the authorization for endorsement to RA as early as possible. They are further advised to start discharging their stipulated balance export obligation on the basis of these minutes without waiting for the endorsement is done on the Authorization. (Action: RA, Chennai/ applicant)
Case No.7. M/s Prachi Pharmaceuticals Pvt. Ltd, Thane.
F.No. 01/60/162/523/AM14/EFGC (PRC) Subject: Request for EOP extension of Advance Authorization No. 0310435714 dated 11.07.2007 issued under PC9 condition.
The Committee decided the following: I. Export obligation period is extended from 06 months to 12 months i.e. upto 31.7.2008 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 these exports to the extent of requirement of reexport/destruction certificate on export made outside the extended EOP. (Action: RA, Mumbai)
Case No.8. M/s Himalya International Limited, New Delhi.
F.No. 01/60/162/512/AM14/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization No. 0510272317 dated 07.09.2010.
The committee noted that no considerable exports within the original EO period of 36 months are made which form merit of the case, hence the request is rejected. The applicant is hereby directed to get their case regularized in terms of Para 4.28 of HBP or in terms of PN 22 dated 12.8.2013. (Action: RA, CLA New Delhi. If the party fails to get the case regularized in terms of Para 4.28 of HBP or PN 22 dated 12.8.2013 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 submit an Action Taken Report).
Case No.9. M/s Himalya International Limited, New Delhi.
F.No. 01/60/162/513/AM14/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization No. 0510272022 dated 01.09.2010.
The committee noted that no considerable exports within the original EO period of 36 months are made which form merit of the case, hence the request is rejected. The applicant is hereby directed to get their case regularized in terms of Para 4.28 of HBP or in terms of PN 22 dated
12.8.2013. (Action: RA, CLA New Delhi. If the party fails to get the case regularized in terms of Para 4.28 of HBP or PN 22 dated 12.8.2013 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 submit an Action Taken Report).
Case No.10. M/s Himalya International Limited, New Delhi.
F.No. 01/60/162/528/AM14/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization No. 0510272024 dated 01.09.2010.
The committee noted that no considerable exports within the original EO period of 36 months are made which form merit of the case, hence the request is rejected. The applicant is hereby directed to get their case regularized in terms of Para 4.28 of HBP or in terms of PN 22 dated 12.8.2013. (Action: RA, CLA New Delhi. If the party fails to get the case regularized in terms of Para 4.28 of HBP or PN 22 dated 12.8.2013 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 submit an Action Taken Report).
Case No.11. M/s Glenmark Pharmaceuticals Ltd, Mumbai.
F.No. 01/60/162/529/AM14/EFGC (PRC) Subject: Request for waiver of submission of Destruction Certificate for import under PC9 conditions for three Advance Authorizations 0310413475 dt. 22.12.2006, 0310446409 dt. 15.10.2007 and 0310459656 dt. 31.1.2008. The Committee observed that the Authorization is issued with PC9 condition allowing imports of drugs from unregistered sources. The imported material was supplied to supporting manufacturer for Job work. Finished goods manufactured by the Job Worker were rejected by the Quality Control Department of the applicant. The balance raw materials were destroyed by the Job Worker but no evidence from Excise that the raw materials were actually destroyed has been submitted. Whereas destruction Certificate from the Excise Authority is required in terms of PC18 dated 30.10.2007. The Committee further noted that this is a matter of dispute between two parties. The fact remains that stipulated export obligation has not been discharged as per the condition of the Authorization. The Committee, therefore, did not accede to the request.
Case No.12. M/s Ajanta Pharma Limited, Mumbai.
F.No. 01/60/162/525/AM14/EFGC (PRC) Subject: Request for EOP extension of Advance Authorization No. 0310461037 dated 14.02.2008 for regularization purpose. The Committee decided the following: I. Export obligation period is extended from 06 months to 07 months i.e. upto 31.10.2008 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.13. M/s Asian Colour Coated Ispat Ltd, Gurgaon.
F.No. 01/60/162/533/AM14/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization No. 0510270716 dated 17.08.2010.
The committee noted that no considerable exports within the original EO period of 36 months are made which form merit of the case, hence the request is rejected. The applicant is hereby directed to get their case regularized in terms of Para 4.28 of HBP or in terms of PN 22 dated 12.8.2013. (Action: RA, CLA New Delhi. If the party fails to get the case regularized in terms of Para 4.28 of HBP or PN 22 dated 12.8.2013 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 submit an Action Taken Report).
Case No.14. M/s Subham Enterprises, Bangalore.
F.No. 01/60/162/518/AM14/EFGC (PRC) Subject: Request for revalidation of DFIA Authorization Nos. 0710068303 dated 16.11.2009 and 0710068302 dated 16.11.2009 with transferability of DFIA authorizations and removal of IEC No. 07100010343 from DEL list.
Case No.15. M/s Narayan Organics Pvt. Ltd, Ahmedabad.
F.No. 01/60/162/534/AM14/EFGC (PRC)
Subject: Request for revalidation of Advance Authorization No. 0810095944 dated 01.02.2011.
Case No.16. M/s Agarwal Rubber Limited, Hyderabad.
F.No. 01/60/162/535/AM14/EFGC (PRC)
Subject: Request for revalidation of Advance Authorization No. 0910043682 dated 28.09.2010.
Case No.17. M/s Ranbaxy Laboratories Limited, Mohali, Punjab.
F.No. 01/60/162/514/AM14/EFGC (PRC) Subject: Request for clubbing of three Advance Authorizations no. 0510247688 dt. 17.8.2009, 0510307318 dt. 4.11.2011 and 0510308349 dt. 17.11.2011. The Committee decided the following: I. Clubbing of the 3 advance authorizations as referred above is allowed. II. This is only for regularization and closure purpose and not for any further exports/imports. However, exports which are affected within 48 months of earliest authorization shall only be taken into account for clubbing purpose. III. Exports made within 48 months from the date of issue of the first authorization is allowed subject to payment of composition fee @ 0.5% on FOB value of export made beyond the stipulated EOP for clubbing and regularization. RA is directed to examine the case in terms of Para 4.1.6 of FTP and ensure value addition of minimum 15%. 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. Even after clubbing, shortfall if any may be regularised on payment of Customs Duty + Interest in terms of Para 4.28 of H.B.P. (Action: RA, CLA, New Delhi)
Case No.18. M/s Rajaratna Metal Industries Limited, Gujarat.
F.No. 01/60/162/499/AM14/EFGC (PRC)
Subject: Relaxation required under Chapter 3 benefits/incentives under Focus Market Scheme for the exports made during the year 200809 and 200910 due to late receipt of Landing Certificates. The Committee noted that the countries to which goods were exported are not land locked countries. Therefore justification of the applicant that to obtain landing certificates it took more than three years is not acceptable to the Committee. Hence the request is rejected.
Case No.19. M/s Paharpur Cooling Towers Limited, Kolkata.
F.No. 01/60/162/530/AM14/EFGC (PRC) Subject: Request to condone nonrealization of payments against 2 shipping bills for the purpose of EODC for Advance Authorization No. 0210118957 dated 24.10.2008. Deferred for examination in PCIV. (Action : PCIV)
Case No.20. M/s Euromed Health Private Limited, Chatrapati, Tamil Nadu.
F.No. 01/60/162/536/AM14/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization No. 3510031112 dated 05.08.2010 upto 04.08.2014.
The Committee decided the following: I. Export obligation period is extended upto 30.4.2014 or 6 months from the date of endorsement whichever 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%, in proportion to import made, within original obligation period. IV. The applicant is advised to submit the authorization for endorsement to RA as early as possible. They are further advised to start discharging their stipulated balance export obligation on the basis of these minutes without waiting for the endorsement is done on the Authorization. (Action: RA Madurai/ applicant)
Case No.21. M/s Techno Economics Services Pvt. Ltd, Thane.
F.No. 01/60/162/481/AM14/EFGC (PRC)
Subject: Request for regularization of one S/bill dated 20.04.2006 for discharge of EO of Advance Authorization No. 0310370770 dated 09.03.2006 issued under PC9 condition. The committee noted that exporting prior to the date of first import against the Advance Authorization issued under Policy Circular No. 9 dt. 30.6.2003, is not in consonance with the preimport conditions. Hence the supplies made under the two S/bills dt. 20.4.2006 cannot be taken into account for discharge of export obligation under the Advance Authorization. The request is rejected. The applicant is advised to get the case regularized in terms of para 4.28 of HBP read with PC18 dated 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.22. M/s Deval Energy Resources Pvt. Ltd, Gujarat.
F.No. 01/89/180/21/AM14/PC2(A) Subject: Request for import of a New Chandler Hot Oil Unit Mounted on KENWORTH Truck T 800 Right Steer (inbuilt Hot Oil Unit) from USA. The committee considered and granted exemption from Type Approval Certificate under Policy Condition No. 7 of Chapter 87 of ITC (HS), Schedule1 (Import Policy) to import a New Chandler Hot Oil Unit Mounted on KENWORTH Truck T 800 Right Steer (inbuilt Hot Oil Unit) from USA, subject to the condition that vehicle so imported shall not be allowed to run on road.
Case No.23. M/s Khanna Paper Mills Limited, Punjab.
F.No. 01/60/162/537/AM14/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization No. 1210005938 dated 23.09.2008.
The committee noted that no considerable exports, within the original EO period of 36 months, are made which form merit of the case, hence the request is rejected. The applicant is hereby directed to get their case regularized in terms of Para 4.28 of HBP or in terms of PN 22 dated 12.8.2013. (Action: RA, Amritsar. If the party fails to get the case regularized in terms of Para 4.28 of HBP or PN 22 dated 12.8.2013 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 submit an Action Taken Report).
Case No.24. M/s Glenmark Generics Ltd, Mumbai.
F.No. 01/60/162/538/AM14/EFGC (PRC) Subject: Request for extension of EOP for Advance Authorization No. 0310561319 dated 22.02.2010 for regularization purpose and PC18 waiver for Advance Authorization No. 0310611016 dated 14.01.2011, both issued under PC9 condition.
The Committee noted that the applicant has imported goods under Advance Authorization No. 0310561319 dated 22.02.2010 but exported 13.949% under Advance Authorization No. 0310611016 dated 14.01.2011 through two shipping bills dated 19.7.2011 and 23.9.2011. The EO period under Advance Authorization No. 0310561319 dated 22.02.2010 could be extended upto 18 months only from the date of first import. Accordingly, the Committee decided the following: i. Export obligation period is extended from 12 months to 18 months i.e. upto 31.8.2011 from the date of first import consignment. ii. It was also decided to account for S/bill dt. 19.7.2011 made under Advance Authorization no. 0310611016 dt. 14.1.2011 for discharge of EO against Advance Authorization no. 0310561319 dated 22.02.2010. 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. v. The applicant has to pay duty +interest on inputs consumed and exported after 18 months from date of first import.
d minimum value addition of 15% as prescribed under para 4.1.6 of FTP. v. The applicant has to pay duty +interest on inputs consumed and exported after 18 months from date of first import. vi. PC18 condition is waived on these exports to the extent of requirement of reexport/destruction certificate on export made outside the extended EOP. (Action: RA, Mumbai)
Case No.25. M/s Varrsana Ispat Limited, New Delhi.
F.No. 01/60/162/531/AM14/EFGC (PRC)
Subject: Request for EOP extension of Advance Authorization No. 0510271606 dated 27.08.2010.
The Committee decided the following: I. Export obligation period is extended upto 30.4.2014 or 6 months from the date of endorsement whichever 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%, in proportion to import made, within original obligation period. IV. The applicant is advised to submit the authorization for endorsement to RA as early as possible. They are further advised to start discharging their stipulated balance export obligation on the basis of these minutes without waiting for the endorsement is done on the
Authorization. (Action: RA CLA New Delhi/ applicant)
Case No.26. M/s Royal Impex (India), Mumbai.
F.No. 01/60/162/540/AM14/EFGC (PRC)
Subject: Request for revalidation of DFIA Authorization No. 0310626557 dated 13.04.2011.
Case No.27. M/s Royal Impex (India), Mumbai.
F.No. 01/60/162/539/AM14/EFGC (PRC)
Subject: Request for revalidation of DFIA Authorization No. 0310615956 dated 14.02.2011.
Case No.28. M/s J.K. Sons Engineers Pvt. Ltd, Chhattisgarh.
F.No. 01/60/162/532/AM14/EFGC (PRC)
Subject: Request for revalidation / enhancement of DFIA Authorization No. 0210130238 dated 11.08.2009.
Case No.29. M/s Sheth & Co, Mumbai.
F.No. 01/60/162/542/AM14/EFGC (PRC)
Subject: Request for revalidation of 6 months against Advance Authorization No. 0310570160 dated 20.04.2010.
Case No.30. M/s Sheth & Co, Mumbai.
F.No. 01/60/162/541/AM14/EFGC (PRC)
Subject: Request for revalidation of 6 months against Advance Authorization No. 0310570083 dated 19.04.2010.
S.No. Name of the firm Advance Authorization No. & Date M.No. & Date Date of Communication of earlier decision Representation submitted on Present Status 1. M/s. Bharat Heavy Electricals Ltd; Chennai. 0410069856 Dt,.25.04.2005 13/06 Dt.28.06.2005 20.07.2005 20.05.2011 Approved 2. M/s. Bharat Heavy Electricals Ltd; Chennai. 0410069858 Dt,.25.04.2005 13/06 Dt.28.06.2005 20.07.2005 24.06.2011 Approved 3. M/s. IDMC Ltd; Vithal; Udyog Nagar. 3410014306dt. 07.09.2005 14/11 Dt.20.07.2010 16.09.2010 08.03.2013 Approved
Case No. 31 Reference received from Norms Committees
F.No.
Subject: PRC condoned delay in filing representation beyond 4 months for consideration by NCs in following cases.
DES.I ( Norms CommitteeI ) DES.II ( Norms CommitteeII ) S.No. Name of the firm AA No. & Date Norms Ratified on Representation made on 1. M/s. RPG Cables Ltd., M/s. KEI International 0310537350 11.09.2009 11.09.2009 18.02.2013 2. M/s. Manaksia Ltd., 0210178981 206.06.2012 31.07.2012 18.07.2013
M/s. Siechem Technologies (P) Ltd., 0410123941 10.05.2011 10.05.2011 05.09.2013 4. M/s. Vijai Electrical ltd., 0910039893 12.11.2009 08.05.2012 09.04.2013 5. M/s. MAN Industries (India) Ltd. 0310564006 dt. 13.03.2010 23.03.2010 13.08.2013 6. M/s. MAN Industries (India) Ltd. 0310531464 dt. 30.07.2009 11.05.2010 13.08.2013 7. M/s. MAN Industries (India) Ltd. 0310571555 27.04.2010 0310571458 27.04.2010 0310571777 dt. 28.04.2010 13.04.2011 13.08.2013 The meeting ended with a Vote of Thanks to the Chair.
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