DGFT Committee Minutes
Minutes of the Policy Relaxation Committee Meeting held under the Chairmanship of DGFT, Shri Pravir Kumar, IAS on 22.07.2014
Meeting No. 06/AM15 held on 22.07.2014 at 11.30 A.M.
List of officers present in the meeting is given below:
- Shri D. K. Singh
Addl. DGFT 2. Shri L.B. Singhal
Addl. DGFT 4. Shri K.C. Rout
Addl. DGFT
5. Shri Jaikant Singh
Addl. DGFT
6. Shri Darshan Singh
Jt. DGFT
7. Shri S.K. Samal
Jt. DGFT
8. Shri A. K. Srivastava
Jt. DGFT
9. Shri Jay Karan Singh
Jt. DGFT
10. Shri AkashTaneja
Jt. DGFT
11. Shri S.K. Mohapatra
Dy. DGFT
12. Smt. N.R.Choudhury
FTDO
The decision taken in the individual cases is as under:-
Agenda point No 1 was discussed in PRC meeting no. 05/AM14 held on 15.07.2014.
Case No.2 M/s Parabolic Drugs Ltd. Chandigarh
F.No. 01/60/162/25/AM15/PRC PRC Meeting No. 06/AM15 dated 22.07.2014
Subject: -Request for regularization of export made on E Com no. before generating
file no. against Advance Authorization No. 2210005546 dated 18.5.2006.
Decision:
Deferred for seeking a report from RA whether the applicant has availed other deemed export benefits i.e. refund of TED / Duty Drawback on such supplies and to verify actual date of supply. This is necessary in order to see whether supply has been affected prior to generation of E.com reference number or after this.
(Action: RA Chandigarh)
Case No.3 M/s Parabolic Drugs Ltd. Chandigarh
F.No. 01/60/162/26/AM15/PRC
Subject: -Request for regularization of export made on E Com no. before generating
file no. against Advance Authorization No. 2210005660 dated 16.6.2006.
Decision:
Deferred for seeking a report from RA whether the applicant has availed other
deemed export benefits i.e. refund of TED / Duty Drawback on such supplies
and to verify actual date of supply. This is necessary in order to see whether
supply has been affected prior to generation of E.com reference number or
after this.
(Action: RA Chandigarh)
Page 1 of 11
Case No.4 M/s Parabolic Drugs Ltd. Chandigarh
F.No. 01/60/162/29/AM15/PRC
Subject: -Request for regularization of export made on E Com no. before generating
file no. against Advance Authorization No. 2210005046 dated 6.12.2005.
Decision:
Deferred for seeking a report from RA whether the applicant has availed other deemed export benefits i.e. refund of TED / Duty Drawback on such supplies and to verify actual date of supply. This is necessary in order to see whether supply has been affected prior to generation of E.com reference number or after this.
(Action: RA Chandigarh)
Case No.5 M/s Parabolic Drugs Ltd. Chandigarh
F.No. 01/60/162/28/AM15/PRC
Subject: -Request for regularization of export made on E Com no. before generating
file no. against Advance Authorization No. 2210005568 dated 25.5.2006.
Decision:
Deferred for seeking a report from RA whether the applicant has availed other deemed export benefits i.e. refund of TED / Duty Drawback on such supplies and to verify actual date of supply. This is necessary in order to see whether supply has been affected prior to generation of E.com reference number or after this.
(Action: RA Chandigarh)
Case No.6 M/s Parabolic Drugs Ltd. Chandigarh
F.No. 01/60/162/31/AM15/PRC
Subject: Request for regularization of export made on E Com no. before generating
file no. against Advance Authorization No. 2210005559 dated 23.5.2006.
Decision:
Deferred for seeking a report from RA whether the applicant has availed other deemed export benefits i.e. refund of TED / Duty Drawback on such supplies and to verify actual date of supply. This is necessary in order to see whether supply has been affected prior to generation of E.com reference number or after this.
(Action: RA Chandigarh)
Case No. 7 M/s MM Aqua Technologies Ltd., New Delhi
F.No. 01/60/162/904/AM12/PRC
Subject: -Request for consideration of DEPB shipment towards discharge of export
obligation against four Advance Authorization No.
- 0510137716 dt. 13/09/2004
- 0510212544 dt 26/11/2007
- 0510212852 dt. 30/11/2007
- 0510268286 dt 15/03/2010 Page 2 of 11
Decision:
The committee considered the request and decided that the DEPB shipping bills that are within the original export obligation period of 36 months from the date of issuance of Advance Authorizations referred above, may be considered towards discharge of export obligation provided description of export product is same and imported inputs are accounted for properly and Shipping Bill is in the name of the Party. RA shall ensure that no DEPB benefit has been availed by the Party against the following 26 DEPB shipping bills:
S.No. Shipping Bill No. Date 1 1726769 24/05/2007, 2 1230657 28/05/2010 3 1401370 12/08/2010 4 1706097 23/10/2010 5 1787374 10/11/2010 6 1841350 23/04/2008 7 1925894 03/01/2009 8 1269151 18/06/2010 9 1193139 06/05/2010 10 1204851 13/05/2010 11 1677649 18/10/2010 12 2002712 01/10/2009 13 1204850 13/05/2010 14 1277018 22/06/2010 15 1279297 23/06/2010 16 1355703 29/07/2010 17 1637793 20/11/2010 18 1867965 26/11/2010 19 1972404 12/12/2010 20 1891181 01/12/2010 21 1969088 11/12/2010 22 2041432 21/12/2010 23 2119711 30/12/2010 24 2222291 12/01/2011 25 2269376 18/01/2011 26 2330517 25/01/2011
(Action: CLA, New Delhi)
Case No.8 M/s DR Aykan Chemicals Pvt.Ltd., Delhi.
F.No. 01/60/162/7/AM15/PRC
Subject: -Request for acceptance of drawback shipping bill towards discharge of EO
against Advance Authorization No. 0510331815 dated 09.08.2012 for redemption purpose.
Page 3 of 11
Decision:
The Committee noted that the applicant has already availed drawback against the shipment; hence the same shipping bill cannot be taken into account towards discharge of EO against Advance Authorization. The Committee, therefore, rejected the request. The applicant is hereby directed to get their case regularized in terms of Para 4.28 of HBP.
(Action: RA, Delhi- If the party fails to get the case regularized in terms of Para4.28 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 submit an Action Taken Report).
Case No.9 M/s DESICCANT ROTORS INTERNATIONL
F.No. 01/60/162/40/AM15/PRC
Subject: -Request for acceptance of S/Bills due to wrong receiot no. 4191 mentioned
instead 4190 against Advance Authorization No. O510059637 dated 24.05.2002
Decision:
Deferred for seeking a report from RA to ascertain that the same shipping bill has not been accounted for discharge of EO against any other Authorization.
(Action: RA, Delhi)
Case No.10 M/s Jonson Rubber Industries Ltd. New Delhi
F.No. 01/60/162/152/AM15/PRC
Subject: -Request of EOP extension upto 48 months in Advance Authorization No.
0510235208 dated 28.01.2009 for regularization purpose.
Decision:
Deferred for seeking a report from RA to ascertain that the 25 shipping bills have not been accounted for discharge of EO against Authorization under which exports are made.
(Action: RA, Delhi)
Case No.11 M/s Simplex Chemopack Pvt. Ltd. Nagpur
F.No. 01/60/162/86/AM15/PRC
Subject: -Request for clubbing of 2 of Advance Authorizations no. 5010000207 dt.
03.12.2009 with Advance Authorization no. 5010000391 dt. 24.09.2010.
Decision:
The Committee observed that this is not a case of policy relaxation as the
provisions for clubbing of such Authorizations are allowed as per Policy
Circular No. 29 dated 06/02/2008. RA is, therefore, advised to take action
accordingly.
Page 4 of 11
(Action: RA, Nagpur)
Case No.12 M/s DSM Sinochem Pharmaceuticals India Pvt. Ltd, Gurgaon.
F.No. 01/60/162/925/AM14/PRC
Subject: -Request for clubbing of 4 Advance Authorizations no. 2210007457 dated
14.02.2008,.2210007860 dated 03.06.2008, 2210008127 dated 28.08.2008 and 2210008873 dated 28.04.2009 for regularization Purpose.
Decision:
Deferred for further examination by Policy – IV.
Case No.13 M/s DSM Sinochem Pharmaceuticals India Pvt. Ltd, Gurgaon
F.No. 01/60/162/72/AM14/PRC
Subject: -Request for clubbing of 4 Advance Authorizations no. 1. 2210005378
dated 29.03.2006 2. 2210005759 dated 12.07.2006 3. 2210006310 dated 19.12.2006 4. 2210006541 dated 19.03.2007 for regularization Purpose.
Decision:
Deferred for further examination by Policy – IV.
Case No.14 M/s DSM Sinochem Pharmaceuticals India Pvt. Ltd, Gurgaon.
F.No. 01/60/162/892/AM13/PRC
Subject: -Request for clubbing of 2 Advance Authorizations no. 2210005750 dated
10.07.2006 and 2210005756 dated 11.07.2006 for regularization purpose.
Decision:
Deferred for further examination by Policy – IV.
Case No.15 M/s Teracom Limited, Noida
F.No. 01/06/162/85/AM15/EFGC(PRC)
Subject: -Request for revalidation of DEPB Scrip no. 0510328523 dated 28.06.2012.
Decision:
The Justification and reasons cited by the applicant that they could not utilize the DEPB within validity of the scrip due to adverse market conditions can’t be a ground of genuine hardship as the market conditions does not affect utilization of DEPB by others, being a transferable instrument. Hence, the Committee did not accede to the request.
Case No.16 M/s Man Trucks India Pvt. Ltd.
F.No01/60/162/939/AM14/PRC
Subject: -Request for waiver of not declaring inputs in S/bills towards discharge of
EO against Advance Authorization no. 3110036107 dt. 17.11.2008. Page 5 of 11
Decision:
RA, Pune be requested to obtain a Consumption Certificate duly certified by the Excise Authority from the applicant and submit before the Committee along with its report.
(Action: RA, Pune)
Case No.17 M/s Glenmark Pharmaceuticals Ltd.,
F.No. 01/60/162/13/AM15/PRC
Subject: -Request for waiver of submission of destruction certificate as per PC-18
against Advance Authorization No. 0310459656 dated 31/01/2008 and regularize and close authorization as per PN 22 dt. 12.08.2013 and PC-8 dated 25.10.2013.
Decision:
The Committee noted the request of the firm and decided that shortfall in fulfillment of stipulated export obligation against above referred Authorization may be regularized. PC-18 conditions stand waived, subject to the following condition:
The applicant shall submit to RA proof of payment of Duty + Interest on unutilised imported goods and Composition fee of Rs. 1000/-.
(Action: RA Mumbai)
Case No.18 M/s Glenmark Pharmaceuticals Ltd.
F.No. 01/60/162/15/AM15/PRC
Subject: -Request for waiver of submission of destruction certificate as per PC-18
against Advance Authorization No. 0310446409 dated 15/10/2007 and regularize and close authorization as per PN 22 dt. 12/08/2013 and PC-8 dated 25/10/2013.
Decision:
The Committee noted the request of the firm and decided that shortfall in fulfillment of stipulated export obligation against above referred Authorization may be regularized. PC-18 conditions stand waived, subject to the following condition:
The applicant shall submit to RA proof of payment of Duty + Interest on unutilised imported goods and Composition fee of Rs. 1000/-.
(Action: RA Mumbai)
Case No.19 M/s Glenmark Generics Ltd., Mumbai
F.No. 01/60/162/ 816 /AM14/PRC
Subject: -Request for closure of Advance Authorization No. 0310581794 dated
2/07/2010 issued under PC-9 condition.
Page 6 of 11
Decision:
The Committee noted that the firm is stated to have already utilized the imported material fully by exporting the resultant product manufactured from these inputs. However the same were exported against another Advance Authorization No. 0310660210 dt. 18.10.2011. Therefore it was decided to waive condition of re-export/destruction of imported raw material as stipulated in Policy Circular 18 dt. 30.10.2007 provided Customs duty + interest against shortfall is paid.
(Action: RA, Mumbai)
Case No.20 M/s Surya Polytex Pvt. Ltd
F.No. 01/60/162/626/AM14/PRC
Subject: -Request for policy relaxation in case of 3rd party export in respect of
fulfillment of export obligation under Advance Authorization No. 0210107965 dted 9/01/2008.
Decision:
The Committee noted that Appellate Authority has already rejected the case confirming penalty order passed by Adjudicating Authority. The PRC being an Administrative Body can’t intervene in the quasi – judicial matter. Hence, the request is rejected.
Case No. 21 M/s Universal Bio Diesal Pvt. Ltd.
F.No. 01/60/162/750/AM14/PRC
Subject: -Request for grant of relaxation – Exit from EOU to EPCG license
challenged. (EPCG Licence No. 2630000726 dt. 6.3.2009
Decision:
The committee noted that in this case, quasi – judicial order has been passed by the Excise Authority and appeal is pending before CESTAT, Bangalore. It would not be proper to intervene in the matter by PRC, being an Administrative Body.
Case No.22 M/s Elins Switch Boards Pvt. Ltd. Bangalore
F.No. 01/60/162/951/AM14/PRC
Subject: -Request for condonation of non-filing of Bill of export for the supplies made
against Advance Authorization No. 0710051368 dated 23.04.2007
Decision:
The committee noted that the applicant neither generated the Bill of Exports nor mentioned the Authorization details on the ARE-1, hence the Committee decided not to accede to the request. The applicant is hereby directed to get their case regularized in terms of Para 4.28 of HBP.
Page 7 of 11
(Action: RA, Bangalore- If the party fails to get the case regularized in terms of Para4.28 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 submit an Action Taken Report).
Case No.23 M/s Elins Switch Boards Pvt. Ltd. Bangalore
F.No. 01/60/162/954/AM14/PRC against Advance Authorization No. 0710054854 dated 07.12..2007.
Decision:
Case No.24 M/s Elins Switch Boards Pvt. Ltd. Bangalore
F.No. 01/60/162/952/AM14/PRC against Advance Authorization No. 0710057586 dated 27.5.2007
Decision:
Case No.25 M/s Elins Switch Boards Pvt. Ltd. Bangalore
F.No. 01/60/162/950/AM14/PRC against Advance Authorization No. 0710054558 dated 16.11.2007
Decision:
Page 8 of 11
Case No.26 M/s Elins Switch Boards Pvt. Ltd. Bangalore
F.No 01/60/162/956/AM14/PRC against Advance Authorization No. 0710049234 dated 27.12.2006.
Decision:
Case No.27 M/s Elins Switch Boards Pvt. Ltd. Bangalore
F.No. 01/60/162/955/AM14/PRC against Advance Authorization No. 0710054857 dated 07.12.2007 Decision:
Case No.28 M/s Elins Switch Boards Pvt. Ltd. Bangalore
F.No. 01/60/162/962/AM14/PRC against Advance Authorization No. 0710050346 dated 28.02.2007.
Decision:
Page 9 of 11
Case No.29 M/s Elins Switch Boards Pvt. Ltd. Bangalore
F.No. 01/60/162/960/AM14/PRC against Advance Authorization No. 0710055798 dated 12.02.2008. Decision:
Case No.30 M/s Elins Switch Boards Pvt. Ltd. Bangalore
F.No. 01/60/162/959/AM14/PRC against Advance Authorization No. 0710055705 dated 06.02.2008.
Decision:
Case No.31. Reference received from Norms Committee.
F.No. 01/81/050/00730/AM08/DES-II
Subject: - Request for condonation for delay in filling representation beyond 4
months.
Decision :
Name of the firm AA No. & date Date of Communica Representation made on Approve in NC meeting no. and Page 10 of 11
PRC condoned delay in filing representation beyond 4 months for consideration by NC-II in following cases.
The meeting ended with a Vote of Thanks to the Chair.
tion date M/s Havells India Ltd. Delhi 0510214655 dt. 08.01.2008 17.05.2013 17.02.2014 M.No. 01/81 dt. 08.04.2014 held on 22.04.2014 Page 11 of 11
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