DGFT Minutes

Minutes ofthe Po‖ cv Relaxation Conlnlittee Meeting held under the Chairmanshi2⊇ f DGFT,Shri Anup Wadhawan,:AS on 08.12.2015 Meeting No 16/AM16 held on 08 12 2015 atl1 00 Noon List of officers presentin the meeting is given belowi l ShH D K Singh 2 ShnK C Rout 3 Shrl」alkant Singh 4 Shn Darshan Singh 5 ShnS K Samal 6 Shn」ay Karan Singh 7 Shn AkashTanela 8 Shn」M Gupta 9 Dr S K Bansal 10 Shn Anil A9ganval ll Sh面S K Mohapatra Addl DGFT Addl DGFT Addl DGFT Addl DGFT 」t DGFT 」t DGFT 」t DGFT 」t DGFT 」t DGFT 」t DGFT Dy DGF丁 The decision taken on the individual cases are as under:-

Case No.1: M/s. DSM Sinochem Pharmaceuticals lndia Pvt. Ltd. Gurgaon

Person Hearing Case: ln terms of Para 2.59 of FTP F No. 01/60/1 62 16481 AM1 4t EFGC(PRC) PRC Meeting No. 16/AM16 dated 08.'12.2015 subject. - Request for clubbing of 2 Advance Authorization no. 2210009104 dt. '15.07.2009 & 2210012497 dt. 02.02.2012 EOP extension upto 12 months for regularization purpose. Decision: Mr. Shive Kumar Jagotia, Head Demand and supply and shree Rajeev Kumar Manager Exim & Excise of the company appeared before the committee and made the following submissions:

1. The request was made for clubbing of two Advance Authorisations'
2. One of the inputs was 6-APA that is intermediate product and not drug. The imports were made from registered sources. Therefore, export obligation period should be normal 36 months instead of '12 months from the date of import
3. They have submitted a certificate dated 18. 1 1 .2003 issued by Director General of Health Services (Drug Control Section) from whlch it is evident that 6-APA ls not drug thus site registration and import licence is not required for import of 6-APA
4. Hon'ble Minster of commerce and lndustry in his speech made on 27.08.2009 announced that export obligation period for 6-APA will be 36 months from the date of issue of licence instead of 6 months from the date of import'
5. Vide P.N. 2 dated 27.O8.2009, appendix 30A was amended deleting 6-APA from it.
6. They therefore requested to consider these two Authorisations as normal obligation Authorisation and allow clubbing of the same. The committee discussed the issue at length.

eleting 6-APA from it. 6. They therefore requested to consider these two Authorisations as normal obligation Authorisation and allow clubbing of the same. The committee discussed the issue at length. lt was observed that as per general note No 15 of Chemical & Allied product, in HBP Vol-ll, export obligation period against import of 6- ApA will be 6 months from the date of clearance of first import consignment. Further, vrde / )/1 tZl--

P.N. No 135 dated 15.01.2009, EO period for Advance Authorisations issued with input(s) as mentioned in Appendix 30A shall be as per the period stipulated against each entry therein i.e. 12 months from date of clearance of first consignment of drug. Facility of extension of EOP shall not be allowed in case of Advance Authorisation where import of Penicillin and its salt (lTC HS Code No 294111010 and 6-APA (lTC HS Code No 29411050) have been allowed as an input. However, vide P.N. 2 dated 27.08.2009, 6-APA was deleted from Appendix 30A. However, as no revised SION Book i.e. HPB Vol. ll was published on 27.08.2009, inadvertently, condition of general note No 15 was left untouched. However, the committee was of the view that specific provisions notified vide P.N. No 2 dated 27.OA.2O09 will prevail over general provision of HBP, Vol. ll. Therefore, Authorisation issued on or after 27.08.2009 allowing 6-APA as input will carry normal export obligation period of 18 months from the date of issue of Authorisation, as pet Pa.a 4.22 of ABP,2OO9' 2014. However, Authorisation issued before 27.08.2009 shall be governed by the provisions of P.N.

obligation period of 18 months from the date of issue of Authorisation, as pet Pa.a 4.22 of ABP,2OO9' 2014. However, Authorisation issued before 27.08.2009 shall be governed by the provisions of P.N. '135 dated '15 0'1.2009 and general note No 15 of Chemical & Allied product in HBP, Vol.ll. Accordingly, export obligation period in such cases will be 6 months from the date of import of first consignment. The committee therefore decided the following: 1 . Clubbing of Authorisation issued on 15.07.2009 and 02.02.2012 cannot be allowed, as both Authorisations carry different export obligation period. 2. RA shall delete the PC-g condition imposed on Authorisation issued on or after 27.08.2009 allowing 6-APA as input. 3. The applicant, however, may avail the relaxation allowed by the committee in its meeting No 04/AM 16 dated 09.06 2015. (Action: RA, Chandigarh)

Case No.2: MIs. DSM Sinochem Pharmaceuticals lndia Pvt. Ltd. Gurgaon

F.No. 01/60/1 62/643/Al, 14 EFGC(PRC) PRC Meeting No. 16/Air16 dated 08.12.20'15

Subject: - Request for Clubbing of 4 Advance Authorizations no. 2210010173 d't.09.07.2010,

2210010163 dt. 09.07.2010. 2210010927 dt. 31.01.2011 & 2210013761 dt. 28.03.2013 EOP extension upto 12 months for regularization purpose. Decision: Mr. Shive Kumar Jagotia, Head Demand and Supply and Shree Raieev Kumar Manager Exim & Excise ot the company appeared before the committee and made the lollowing submissions: '1 . The request was made for clubbing of lour Advance Autho.isations. 2. One of the inputs was 6-APA that is intermediate product and not drug. The imports were made from registered sources. Therefore, export obligation period should be normal 36 months instead of '12 months from the date of import. 3. They have submitted a certificate dated 18.1 1 .2003 issued by Director ceneral of Health Services (Drug Control Section) from which it is evident that 6-APA is not drug thus site registration and import licence is not required for import of 6-APA. 4. Hon'ble Minster of Commerce and lndustry in his speech made on 27.08.2009 announced that export obligation period for 6-APA will be 36 months from the date of issue of licence instead of 6 months from the date of import. 5. Vide P.N. 2 dated 27.OA.2009. append x 30A was amended deleting 6-APA from it. 〃

period for 6-APA will be 36 months from the date of issue of licence instead of 6 months from the date of import. 5. Vide P.N. 2 dated 27.OA.2009. append x 30A was amended deleting 6-APA from it. 〃

6. They therefore requested to consider these four Authorisations as normal obligation Authorisation and allow clubbing of the same. The committee discussed the issue at length. lt was observed that as per general note No 15 of Chemical & Allied product, in HBP Vol-ll, export obligation period against import of 6- APA will be 6 months from the date of clearance of first import consignment. Further, vide P.N. No 135 dated 15.01.2009, EO period for Advance Authorisations issued with input(s) as mentioned in Appendix 30A shall be as per the period stipulated against each entry therein i.e. 12 months from date of clearance of first consignment of drug. Facility of extension of EOP shall not be allowed in case of Advance Authorisation where import of Penicillin and its salt (lTc HS code No 294111010 and 6-APA (lTC HS Code No 29411050) have been allowed as an input. However, vide P.N. 2 dahed27.08.2009, 6-APA was deleted from Appendix 30A. However, as no revised sloN Book i.e. HPB Vol. llwas published on 27 .O8.2O09, inadvertently, condition of general note No 15 was left untouched. However, the committee was of the view that specific provisions notified vide P.N. No 2 dated 27.08.2009 will prevail over general provision of HBP, Vol. ll.

of general note No 15 was left untouched. However, the committee was of the view that specific provisions notified vide P.N. No 2 dated 27.08.2009 will prevail over general provision of HBP, Vol. ll. Therefore, Authorisation issued on or after 27.08.2009 allowing 6-APA as input will carry normal export obligation period of 18 months from the date of issue of Authorisation, as per Para 4.22 of HBP, 2OO9' 20.14. However, Authorisation issued before 27.08.2009 shall be governed by the provisions of P.N. 135 dated 15.01 .2009 and general note No 15 of chemical & Allied product in HBP, Vol.ll. Accordingly, export obligation period in such cases will be 6 months from the date of import of first consignment. The committee therefore decided the following: ,l.RAshalldeletethePC.gconditionimposedonAuthorisationissuedonorafter 27 .08.2009 allowing 6-APA as input. 2. The applicant, however, if wish, may avail facility of clubbing of Authorisations in terms ofPara4.38ofHBP,2o15-2020asamendedvideP.N'16dated04.06'2015readwith P.N. 20 dated 09.06.2015.

Case No.3: M/s. DSM Sinochem Pharmaceuticals lndia Pvt' Ltd' Gurgaon

F.No. 0'l/60/1 62 l7 481 AM1 4l EFGC(PRC) PRC Meeting No. 16/AM16 dated 08.12.2015

Subject: - iequest for Clubbing of 5 Advance Authorizations no. 2210009103 dt. 15 07 2009,

2210010247dt.05.08.2010,2210011303dt.10'05.2011,2210012097d|. 02. 1 1 .201 1 & 221 0012495 dt. 02.02 2012 issued under PC-9' Decision: Mr. Shive Kumar Jagotia, Head Demand and Supply and Shree Rajeev Kumar Manager Exim&ExciseofthecompanyappearedbeforetheGommitteeandmadethefollowing submissions: 1'TherequestwasmadeforclubbingoffiveAdvanceAuthorisations. 2.oneoftheinputswas6.APAthatisintermediateproductandnotdrug.Theimports were made from registered sources Therefore' export obligation period should be normal 36 months instead of 12 months from the date of import' 3.Theyhavesubmittedacertificatedatedls.ll.2oo3issuedbyDirectorGeneralof HealthServices(DrugControlsection)fromwhichitisevidentthat6-APAisnot drugthusSiteregistrationandimportlicenceisnotrequiredforimportof6.APA. 巫

4 Hon'ble l\rinster of Commerce and lndustry in his speech made on 27 08.2009 announced that export obrigation period for 6-ApA wiI be 36 months from the date of issue of licence instead of 6 months from the date of import. 5. Vide P.N. 2 dated 27.08.2009, appendix 3OA was amended deleting 6_ApA from it. 6. They therefore requested to consider two Authorisations as normar obrigation Authorisation and allow clubbing of the same. The committee discussed the issue at length. lt was observed that as per general note No 15 of Chemicat & A ied product, in HBp Vol_I, export obligation period against import of 6_ APA will be 6 months from the date of clearance of first iiport consignment. Further, vide P.N.

ral note No 15 of Chemicat & A ied product, in HBp Vol_I, export obligation period against import of 6_ APA will be 6 months from the date of clearance of first iiport consignment. Further, vide P.N. No 135 dated 15.01.2009, EO period for Advance eutfrorisafion"s issued with input(s) as mentioned in Appendix 3OA shall be as per the period stipulated against each entry therein i.e. 12 months from date of clearance of first consignment oiorug. Facllity of extension of EOp shall not be allowed in case of Advance Authorisation where jmport of Penici in and its satt (tTC HS Code No 2941 11010 and 6-ApA (tTC HS Cia" ruo ZSlt I OSO) have been alowed as an input. However, vide p.N. 2 dated 27.08.2009, 6-ApA was dereted from Appendix 30A. However, as no revised SION Book i.e. HpB Vol. ll was published on 27'08.2009, inadvertenfly, condition of generar note No 15 was reft untoucned. However, the committee was of the view that specific provisions notileJ vlJl--p.*. fuo Z 0","a 27.O8.2OO9 will prevail over general provision of HBp, Vol. ll. therefore, autfrorisation issued on or after 27.Og.2OOg a owing 6_ApA as input will ""rry norr"i"rport oOtig"tion period of 18 months from the date of issue of Authorisation, as pe , pir.i.zz ot f.np, Zoog_ 2014. However, Authorisation issued before 27. OS.2009 shall be gor"rnea'Oy tne provi"ions of P.N.-135 dated 15.01.2009 and general note No 15 of Chemic-at&Aflied product in HBp, Vol.ll. Accordingly, export obligation period in such cases will O" O moniis trom tte O"te ot import of first consignment.

dated 15.01.2009 and general note No 15 of Chemic-at&Aflied product in HBp, Vol.ll. Accordingly, export obligation period in such cases will O" O moniis trom tte O"te ot import of first consignment. The committee tneretore OeciOeA ttreiotto-winl

1. Authorisation issued on 15.07.2009 cannot be ctubbed with Authorisations issued on or after 27.08.2009, as Authorisation issued after 27.08.2009 carries different export obligation period.
2. RA shall delete the pc_g condition imposed on Authorisation issued on or after 27.08.2009 aflowing 6_ApA as input.
3. The applicant, however, if wish, may avail the facitity of clubbing of Authorisations in terms of para 4.38 of HBp, 2015_2020 r" "r"ni"J-riO"" p.N. .t6 dated 04.06.2015 read with p.N. 20 dated 09 06.2015.

Case No.4: M/s. OSM Sinochem pharmaceuticals lndia pvl Ltd. Gurgaon

F.No. 01l61h62l\92/AM13/ EFGC(pRC) PRC Meeting No. .16/At 16 dated 08..12.2015

subject: - Request for crubbing of 2 Advance Authorizations no. 2210005750 dt. 10.07.2006 &

2210005756 dt. 1 t.07.2006 and EOp extension ,po rZ ,oiirc f"r regutarization purpose. Decision: Mr. Shive Kumar Jagotia, head demand €nd_ supply and Shree Rajeev Kumar manager Ifi:"a;;:* of rhe company appeared before ihe corrnitt . "ni."i. the folowins

1. The request was made for clubbing of two Advance Authorisations.
2. One of the inputs was Penicillin G Potassium and the same was imported from registered sources. Therefore, export obligation should be normal 36 months instead of 6 months from the date of import.
3. They therefore requested to consider normal 36 months exports obligation against these two Authorisations and allow clubbing of the same. The case was discussed at length. The committee was of the view that export obligation against import of Penicillin G was 6 months from the date of import irrespective of the fact whether import was made from registered sources or not. The committee therefore did not accede to the request and reiterated its decision taken in the meeting No 39/AM held on 12 02.2013.

Case No. 5 : M/s. Lyka BDR lnternational Ltd., Mumbai.

F.No. 01/60/1 62 12831 AM16t EFGC(PRC) PRC Meeting No. 16/AM16 dated 08.12.2015

Subject: - Request for waiver of destruction certificate as per PC-18 in Advance Authorization

No.0310586050 dt. 05.08.2010 issued under PC-g condition. Decision: The committee noted thatthe applicant had imported 2200kgs raw materials from unregistered sources. They have consumed only 2061.61kgs and exported. How6ver, they were unable to account for 138.59kgs, as the same were used in the conirol iamples but no proof. The committee was of the view that unaccounted quantity calculated to 6% as against 2% of wastage allowed seems to be too high. The applicant was not in position to submit proof of destruction of unutilised riw materials, as required in terms of PC-18 dated 30.10.2007. The Committee, therefore, decided the following:

1. The applicant shall submit to RA proof of payment of Duty + lnterest on unaccounted imported goods as per SION'
2. Composition fee of Rs. One Lakh shall be paid to RA'
3. PC-18 condition stands waived on unaccounted goods' (Action: RA Mumbai)

Case No.5: M/s. Lyka BDR lnternational Ltd., Mumbai'

F No 01/60/162/190/AM16/EFGC(PRC) PRC Meeung No 16/AM16 dated 08 12 2015 SutteCt: ―RequeSt for recllcalOn of date No 0310739893 dt 02 07 2013, No 10/AM16 dt 13 10 2015 of first import against Advance Authorization as mentioned in the minutes of PRC Meeting Decision: Thecommitteenotedthesubmissionoftheapplicantanddecidedtorectifythedateof firstimportas0g.0S.20l3insteadof0g.oS.2ol4asmentionedearlierinthedecisionof pRc in its Meeting No. 10/AMt6 dated 13.10.20'15. The committee's decision dated 13.10.2015 sha‖ now tO be read aS under:

The Committee observed that the Advance Authorization No. 0310739893 dated 02.07.2013 was issued under pC-9 condition i.e. with pre _ impo.t condtions. As per the submissions of the appricant, the date of import of first consignment was 09/08/2013 whereas the date of last export was o,l/.li12013. The initial expo; oblig;tion period was upto 31/08/20i4. The firm has fulfi ed more than 50% export oUtigaiion within initiat ex.port obligation period. Taking aI these facts into account, the co;mittee decided the lollowing: l. Export obligation period be extended by 6 months from 12 to 18 months from the date .. of import of fjrst consignment i.e. upto 2g.02.2015. ,:l -l-l: l: ::I j:::**ntrns and,resularization of exports atready effected. r nrs rs subrect to a pavment of composition fee @ 0.5% on FoB varue of export made after initiat obtrgation period. IV. Tie minimum value addition of 1S% as prescribed under para 4.Og of FTp (2015-2020) sha be maintained. v.

ent of composition fee @ 0.5% on FoB varue of export made after initiat obtrgation period. IV. Tie minimum value addition of 1S% as prescribed under para 4.Og of FTp (2015-2020) sha be maintained. v. The €ppricant has to pay duty prus interest on inputs consumed and exported after 1g months from date of import of frrsl constgnment. (Action: RA, Mumbai)

Case No. 7 : M/s. Medreich Ltd., Bangalore.

F.No. 01l6ot162h j7 tAM 1 6/ EFGC(pRC) PRC Meeting No. 16/A[r.j6 dated 08.12.201S Subiect:- Request for EOp extension/ regularization of Advance Authorjzation N0.0710098348 dt. 18.09.2013 issued under pc_g condition. Decision: The Committee noted that the Authorization No. 07,1009g348 dt. 18.09.2013 was issued with PC-g dated 30.06.2003 condition wl ch allows 12 months peii'J -to'r exports from import of each consignment. The date of first import was 25.r i:brr iialccoraingry the initial export obrigation period was upro 31.,12.20,14. However, rhe firm has furfiled less than 50% exporr obtiqarion durino ihe initiat export oOfigation f-erioi. i},ing "rt rh""" facts into account, the Committeeiecided the following: l. Export obtigation period be exfended from i2 months to 18 months i.e. upto 30.06.20,Is ,. from lhe date of ftrsl rmporl consrgnment. ll. I hls is only for accountino ,n.l re6ularization of exports already effected llt. Thrs rs subject to a payrn'ent of c-omposrtion f; Adit;;; ,"oi;.o"n roe r"rre or ... expon made after tnitral obligation period Iv. lie minimum value addrlion of j5% as prescribed under para 4.09 of FTp (2015-2020) sha be mainrarned V. The applcant has to oav dutv otr months from date of i.o;n ""ri",lt",ili1"tt on rnputs consumed ano exported after 18 (Action:RA,Banga10re) 蒸‖素猾測糖 li書iittlЦ亀 mm晰

Subject: - Request for (i) Grant of6 months extension in the E.O. period from the date ofexpiry

of the initial E.O. period and further extension in the E.O. period for 2 months (i.e. 6+6+2) against the Advance Authorization N0.0310230'116 dt. '13.10.2003 and (ii) Waiver to the condition of submit documentary evidence as per PC-18 for regularization purpose. Decision: The Committee noted that the applicant has tulfilled only'19.75% exports within its initial obligation period and 8.65%% outside the stipulated obligation period. The applicant has paid Customs duty+ interest on 7l6.04kgs excess materials imported from unregistered sources. Hence, the Committee decided the following: l. Export obligation period be extended by six months in continuation i.e. upto 31 .'12.2004. It is for regularisation of exports made after expiry of initial obligation period. ll. This is subject to a payment of composition fee @ 0.5% per month on unfulfilled FOB value of export made outside the stipulated EOP. lll. The minimum value addition oi 15% as prescribed under Para 4.09 of FTP (2015- 2020) shall be maintained. iv. The applicant shall pay Customs duty plus interest on unutilised materials' if any. V. PC 18 dated 30.'10.2007 stands waived on exports made against DEPB S/B No 3000033531 dated 15.12.2003 provided the material exported against it are same as per the Advance Authorisation conditions. (Action: RA, Mumbai / applicant)

Case No.9: M/s. Lupin Ltd., Mumbai.

F.No. 01/60/1 62/s55/AM16/ EFGC(PRC) PRC Meeting No. 16/Al\416 dated 08.12.2015

Subject -Request for EOP extension of Advance Authorization No'0310755085 dt' 23'10 2013

issued under PC-g condition. Decision: Tlre Committee noted that the Authorisation was issued with pre-import conditions under PC-g dated 30.06.2003 lead with Appendix 3oA, which allows 12 months Period for "ipo.t" fro- import of each consignment The applicant has import€d-goods through 5 io'n"ignments i:e. on 30.11.2013;08.1'l.2ot3' 13.12.20'13, 15.042014 and 03'05'2014 iccoriingty export obligation was upto 30.11 2014,3011'2014,3-1'12'2014' 30'04'2015 ino fi.oi.iolg t""pecti-vely. He has completed less than 50% of its stipulated export ;bligation during the initial export obligation period. Taking inio consideration allthese facts, the Committee decided the following: l. Export obligation period be extended from '12 months to 18 months, i'e' upto 31 '05 2015' 31.05.2015-. 30.06.2015, 31.10.2015 & 30.11 2015 respectively from the date ol import of each consignment ll- This is only fo; accounting and regulalizahon of exports already etfected ffi iti" l" "ri,i"a to payme-nt of a ;omPosition fee @ o 5% Per month of FoB value of exports made after initial obligation period against each consignment lV. The minimum value addition of '15% as prescribed under Para 4'09 of FTP (2015-2020)sha‖ be maintained ヽ′ The applcant has to pay duty plus interest on unutilised inputs and sha‖ fOII prOvisions of PC-18 dated 30 10 2007

Case No. 10: M/s. Lupin Ltd., Mumbai.

F No. 01/60/1 62 1557 I AMi6t EFGC(PRC) PRC Meeting No. 16iAM 16 dated 08.1 2.20i 5

subject: -Request for EoP extension of Advance Authorization No.03.10755676 dt. 28.10.2013

issued under PC-g condition. Decision: The Committee noted that the Authorisation was issued with pre-import conditions under Pc-g dated 30.06.2003 read with Appendix 3oA, which atiows tb months ferioa tor exports from import of eac-h_co_nsignment. The applicant has imported goods through 3 consignments i.e. on 13.12.2013, I 8.03.2014 and 28.05.20iC. eccloraingiy, initi"f obligation period was 31.02.20'14, 31 .03.20i 5 and 31 .05.201 5 respectivel|.' i{e has completed more than s0% of its stipurated export obligation during the initiat export obligation period. Taking into consideration all these faits, the com-mittee decided the following: I Flp^o-rt-*ttsation period be extended from 12 months to 1g months, i.e. upto 30.06.2015, 30.09.2015 & 30.1 1 .201s respectivery from the date of import oi eacn c6niignmlnt ll This is onry for accounting and regurirization of exports arready effected. lll rf]is p subject to payment of a composition fee @ o.so/o of Fo'B varue of exports made afler initial obligation period. lv The minimum varue addition of 'r5% as prescribed under para 4.09 of FTp (2015-2O2O) shail be maintained. V The applicant has to pay duty plus interest on unutilised inputs and shall follow the provisions of pC-18 dated 30.10.2007.

Case No. 1l: M/s. Lupin Ltd., Mumbai.

F.No. 01/60/162/5S6/AM16/ EFGC(pRC) PRC Meeting No '16lAM16 dated 08.12.2015

subject: -Request for Eop extension of Advance Authorization No.0310706390 dt.24.08.2o12

issued under pC-9 condition. Decision: The commiftee noted that the Authorisation was issued with pre-import conditions under PC-9 dated 30.06.2003 read.with Appendix son,-*ith ariows rz .""iil-p1ii"a r.,. exports from import of each -consignment. The'affiicant has i,npo.t"J tt lo-rgi hro consignments i.e. on 05.03.2013 and 2i.09.20rs acciaingty obrigation period was upto 31.03.20't4 and 30.09.20'14 respectivery. The "ppric"ni rras compreted ress than s0% of its stipurated..export obrigation auring ihe i"itiir eiplrt obrig;tio; p"rioi. i"iing i"to consideration all these facts, the Committee OeciOeiine follJwing: I Flp.ol^oltlgation period be extended from 12 months to 18 months, i.e. upto 30.09.2014 ,, 9_r,],?a^39l5respecrivety from the Aate ot import oieach consignment rr. tnts ts onty tor accounting and regularization of exports alreadyiffected. ,リ タ 多 ´ //‐ 1 錫

This is subject to payment of a composition fee @ 0.5% per month of FOB value of exports made after initial obligation period. The minimum value addition of 15% as prescribed under Para 4.09 of FTP (2015-2020) shall be maintained. The applicant has to pay duty plus interest on unutilised inputs and shall lollow the provisions of PC-18 dated 30.10.2007.

Case No. l2: M/s. Lupin Ltd., Mumbai.

F.No. 01/60/1 62/560/AM1 6/ EFGC(PRC) PRC Nleeting No. 16/AM16 dated 08 12.2015

Subject: -Request for EOP extension of Advance Authorization No.0310680961 dl.08.02.2012

issued under PC-g condition. Decision: TheCommitiee noted that the Authorisation was issued with pre-import conditions under PC-g dated 30.06.2003 read with Appendix 3OA, which allows '12 months period fol exports from import of each consignment. lmports were made on 18.02.2012 accordingly' iniiial obligation period was upto 28.02.2013. The applicant has completed less than 50% of its stipulated export obligation during the initial export obligation period. Taking into consideration all these facts, the Committee decided the following: l. Export obligation period be extended from 12 months to 18 months, i e' upto 31 08 2015 from the date of import of consignment ll. This is only for accounting and regularization of exports already effecled lll. This is subject to payment of a iomposition fee @ 0.5% per month of FoB value of exports made after initial obligation period. lV. The minimum value addition of 15% as prescribed under Para 4 09 of FTP (2015-2020) shall be maintained v. ine appficant has to pay duty plus interest on unutilised inputs and shall follow the provisions of PC-'18 dated 30.10 2007

Case No. 13: M/s.Sanofi lndia Ltd,, Mumbai.

F.No. Oli6ol162/2S3iAM 1 6/ EFGC(PRC) PRC Meeting No. '16/AM16 dated 08.'12 2015

Subject: -Request for EOP extension of Advance Authorization No' 031064'1 560 dt 11'07 '2011

issued under PC-g condition. oecision: ii o,r]rift"" not"d that the Authorisation was issued with pre-import conditions under P;-t;;ted io.os.zoog read wiih Appendix 3oA, which allows '12 mo-nths period for lipon"liorn i.pott of each consignment. lmports were made on 16 08'2011 accordingly' inii"i ourigxion p"tiod was upto 3i.o8.2ol2 ihe apPlicant has completed more than 5070 ;;il ",id;i;J;;p;rt oblig;tion during the initial export obligation period' Taking into conside;ation all these facta, the committee decided the following: l. Export obligation period be extended from 12 months to 18 months' i'e 28.02.2013. ¨ 錫

. t. This is only for accounting and regularization of exports already effected. This is subject to payment of a composition fee @ 0.5% of FO'B vatue of exports made after initial obligation period. The minimum value addition of 15olo as prescribed under para 4 09 of FTp (20'15-2020) shall be maintained. The applicant has to pay duty plus interest on unutilised inputs and shall fo ow the provisions of PC-18 dated 30.10.2007.

Case No. 14: M/s. Fresenius KabiOncology Ltd New Delhi

F.No. 011601162l42otAtr 1 5/ EFGC(pRC) PRC Meeting No. 't6/AM16 dated 08.12.2015

subject: - Request for Eop extension of Advance Authorization No. 0510298332 dated

02.08.201't issued under pc_g condition. Decision: The Committee noted that the appficant has imported on 16.08.20,11 accordingty initial obligation period was upto 3t.OB.20,l2. pRC has extended export obtigation period upto 28.02,2013. The applicant has fulfiled 100% export obligation but some exports are made after extended obligation period. The committee, therefore, decided the fo owing: l. No further extension in EOp be allowed. ll. The appricant has to pay duty prus interest on inputs consumed and exported after 1g ... months from the date of tmport constgnment. lll. PC-18 condttron stands waived to thJextent of requirement of destruction certificate/re_ export against the Authorisation mentioned as above. (Action: RA, CLA Dethi)

Case No. 15: M/s. Fresenius KabiOncology Ltd., New Delhi

F.No. 01/60/162l563/AM 16/ EFGC(pRC) PRC lvleeting No. 16/AM16 dated 08..12.20i5

Subject: - Request for EOp extension of Advance Authorization No. 0510373574 dt.

16.12.2013 issued under pc-g condition. Decision: The Committee noted that the Authorisation was issued with pre_import conditions under Pc-g dated 30.06.2003 read wirh appendix 3oa. ;-h;;';iil""iirJi ,," period for exports from import of each consionment. tmportswere mJ" on Oi-Oi.iii+ """orAingty, initial export obtigation period wi upto 28.d2.2015. ff," "ppfi"""i i"-" "ompteted more than 50% of irs stiputated exoort ohiigarion or.tng'*,.-iiiii:illpoiiirigrtion p".ioo. Taking into consideration a these facts, the com;ittee deciaeJifre ioiio,,ring, I Export obrigation period be extended from i2 months to 18 months, i.e. upto 3i.08.20.15 ., from the date of import of first constgnment ,il This is only for accounting and regu-hrization of exports already effected 'r. rnrs rs subject to pavment of a compos[ion tee @ 0.5% ot ro'a vaiue-Jt exports maoe after inilal obftgation Deriod. lV Tt-e mrnimum value addition of .15% as prescribed under para 4.09 of FTp (2015-2020) sha be maintarned

V. The applicant has to pay duty plus interest on unutilised inputs and shall follow the provisions of PC-18 dated 30.10.2007. (Action: RA, CLA Delhi)

Case No. l6: M/s. Cartoon Sanitation Pvt. Ltd. Mathura (U.P)

F.No. 01/60/1 62 101 I AM1 4l EFGC(PRC) PRC Meeting No. 16/AM16 dated 08.12.2015

Subject: - Request for appeal against decision taken by PRC in Meeting No. 7/AM14 dated

28.05.201 3 regarding extension of EOP of 3 Advance Authorization No. (1). 0610013314 dt. 30.04.2008, (2) 0610015395 dt. 17.04.2009 and (3). 0610016529 dt.04.11.2009. Decision: The Committee observed that initially the applicant had submitted request for extension of export obligation period against Advance Authorisation No 0610013314 dt. 30.04.2008. The committee in its meeting No 20/AM12 held on 29.08.2011 has allowed 6 months extension for fulfillment of export obligation. The applicant could not complete its stipulated export obligation despite extension granted by the Committee. Again, the applicant had submitted requiest for extension of export obligation against above referred three Authorisations. The committee, in its meeting No 07/AM14 held on 28.05.2013 had discussed the case and decided to reject the request. There is no merit to review the Gase. The Committee, therefore did not accede to the request of the applicant. The applicant is hereby directed to get their cases regularised in terms of Para 4.28 of HBP, 2009-2014. (Action: RA, Kanpur, if the applicant fails to get the cases regularised within a month from irr" d"t" of 'publication of these minutes on this Directorate website, action as per the provisions of FT(D&R)ACt, 1992 as amended, shall be initiated and action taken report shall be supplied to this Directorate forthwith.)

Case No. 17: M/s. Meyer Vitabiotics, Thane

F.No. 01/60/01 /5241 AM16l EFGC(PRC) PRC Meeting No. 16/AM16 dated 08.12.20'15

Subject: - 1 . waiver of destruction certificate under condition of PC-1 8 dated 30.10.2007

2'ToconsidertheexportsunderAdvanceLicensefortheexportsmadeinS.Bill No. 9318694 dt. 03.01.20'14 under Drawback Scheme' 3.AcceptanceofonedrawbackshippingBillNo.g3lS6g4dt.03.0l'2014under Advance license no. 03107 54476 dated 21.10.2013 for fulfilment of E.o. for export of harmless medicines containing item of lmport ie Vitamin E' 4. Export made under DBK within EO period from date of '1st import' Decision: The committee noted that as per duty exemption scheme, exporter must declare on the Stripping Bill the details of cbnsumition oi exempted materials used in the resultant

I_",11^".: .y]]! making shipment. Under DBK scheme, there is no such requirement is rnstsreo upon. The committee, therefore. decided the following: 1' Exports made against DBK shipping BiIs cannot be taken into account towards discharge of export obligation. 2. The applicant has to pay duty plus interest on unutitised imported materiats in proportion to shortfa in futflllment of EO. 3. PC-18 stands waived on goods exported against DBK shipping Bills No 9318694 dated 03.01.2014 provided, the resuttant product exported is "",i" "" p"r the Advance Authorisation

Case No. 18: M/s. Sandoz a Navarits Company, Mumbai

F.No. 01/60/ 162/51 5/AM 16/ EFGC(pRC) PRC ireeting No. 16/AM16 dated 08..12.2015

Subject: - Request for EOp extension (beyond 36 months) against Advance Authorization No.

0310679524 dated 31 01.2Oi2 Decision: The Committee noted that the Author;sation No 0310679524 dated 31.01.2012 was issued having initial obligation period of 36 months. The appticant has "rp"n"Jl"f, Sl au" within initiat obligation period. No case of genuine hardship f,"" U""n "lt"ofi"n"l ii tne "pp["ant. fl" Commitlee therefore did not exceed to the request. The4applicant rs hereby drrected to get their cases regularised in terms of para 4.28 of HBp, 2OOg- (Action: RA, Mumbai, if the aooticrntJails to get the cases regularised within a month from the date of publication of these m;nutes on this Directoraie weU"it",.""ti., as per the provisions of FT(D&RlAcr. lss2 as amended, "h"ti 6;.i,;i;:,tJ;;i1c.t,on t r"n ,"po.t shall be supplied to this Directorate ,orthwith.)

Case No. 19: M/s. Glenmark pharmaceutical Ltd. Mumbai

FNo. 01/60/ j6215ig/AMi6i EFGC(pRC) PRC Meeting No. 16/AM16 dated 08 j2 2015

Subject: - Request to grant EOp extension from 12 months to 1g months. Advance

Authorization no. 031 07SS749 dt.28.iO.2O13. Decision: I"{:lir-rl;8..;d#?::T i;if il:,xt"#ili:ffiflfl 'T,lf t"uH:ittTJ.:#1:l ti:[{::".x1#:r#ii[i:sii"!:#lv#:i:r#ffi t;;;;l:r,,I; :e_"ir.s l-. p;;;;;;;';;:;i;:Ji;"1'i,[i:H:,]'^iT':l;'g"fiff :.ii,l3,"m ;"#f j;,r;:iii::11,0"J.1i,1,"ff il5*.llli:il"ui:;l,i:.?"",:i*rh#gi:;

i. Export obligation period be extended from 12 months to 18 months, i.e. upto 30.06.2015 from the date of import of first consignment. ii. This is only for accounting and regularization of exports already effected. iii. This is subject to payment of a composition fee @ 0.5% per month of FOB value of exports made after initial obligation period. iv. The minimum value addition of 15% as prescribed under Para 4.09 of FTP (2015-2020) shall be maintained. v. The applicant has to pay duty plus interest on unutilised inputs and shall follow the provisions of PC-18 dated 30.10.2007.

Case No.20: M/s. Lloyds Steels lndustries Engineering Division of Uttam Values Steels

Ltd. Mumbai F. No. 01 /60/1 62 15231 AM16t EFGC(PRC) PRC Meeting No. 16/AM16 dated 08.12.2015

Subject: - Waiver of bill of exports requirement for redemption of Advance Authorization no.

0310695387 dated 18.05.2012 Decision: The Committee observed that under Rule 30 of SEZ Rules, 2006, read with excise instruction No.6 dated 03.08.2006, export to SEZ unit must be made against Bill of exports if suppliers wish to avail exports incentives against such supplies. And, in terms ol Pa,a 412 of FTP the Authorisation holder shall declare the consumption of exempted materials used in the resultant products in the export documents while effecting exports. Therefore, the Bill of Export is an essential document for discharging the export obligation against Advance Authorisation. Further, valuation of such supplies are not been done by the customs, hence, the committee decided not to accede to the request. The applicant is directed to get the case regularised in terms of Para 4.28 of HBP, 2009-2014 (Action: RA, Mumbai, if the applicant fails to get the cases regularised within a month from ir," O"t" of publication of these minutes on this Directorate website, action as per the frovisions of FT(D&R)AcI, 1992 as amended, shall be initiated and action taken report shall be supplied to this Directorate forthwith.)

Case No. 21: M/s. Meyer Vitabiotics' Thane

F.No. 0'1 /60/1 62/525/AM1 6/ EFGC(PRC) PRC Meeting No. 16/AM16 dated 08.12.2015

Subject: Request for;

1. Waiver of destruction certificate under conditions of PC-18 dated 30.10.2007 2-ToconsidertheexportsunderAdvanceLicensefortheexportsmadeinS,BillNo. 2994005 dt. 29.05.2014 under Drawback Scheme 3.AcceptanceofonedrawbackshippingBillNo.2gg4005dt.29'05.2014under Advance license no. 0310772516 dated 28.02.2014 for fulfillment of E o. for Export of harmless medicines containing item of lmport i.e. Vitamin E (As D- Alpha TocoPherylacid Succinate ) Decision: ThecommitteenotedthataSperdutyexemptionscheme,exportermustdeclareonthe S'trippirg Bill the details of consumption oi exempted materials used in the resultant GA- ″

pro.dlrcl while making shipment. Under DBK scheme, there is no such requirement insisted upon. The committee, therefore, decided the following: 2. Exports made against DBK shipping Bills cannot be taken into account towards discharge of export obligation. 3 The applicant has to pay duty plus interest on unutilised imported materials in proportion to shortfall in fulfillment of EO. 4. PC-18 stands waived on goods exported against DBK shipping BiIs No 299400s dated 29.05.2014 provided, the resurtant product exported is same as per the Advance Authorisation.

Case No. 22: Mls. Meyer Vitabiotics Thane

F No. 01/60/162/86/AM16/ (pRC) PRC Meeting No. 16/AM16 dated 08.12.201S

Subject: request for;

l waiver of destruction certificate under conditions of pc-18 dated 30.10.2007 2. Acceptance of two drawback shipping Bills under Advance license no. 03.10705197 dated 14 08 2012 for fulfillment of E.o. for Export of harmless medicines containing item of lmport i.e. Vitamin E (As D_ Alpha Tocopherylacid Succinate.) Decision: The committee noted that as per duty exemption scheme, exporter must decrare on the Shipping Bitt the detairs of cbnsrmition "i "i".pi"o materiars used in the resurtant product while making shipment. Under DBK scteme, there is no "r"t ,"lu-ir"ment is insisted upon. The committee, therefore, aeciaeJ ifie iottowing: 5. Exports made against DBK shipping BiIs cannot be taken inro account towards discharge of export obligation. 6 The applicant has to pay duty prus interest on unutirised imported materiars in proportion to shortfall in fulfillment of EO. 7 PC-18 stands waived on goods exporred against DBK shipping Bi[s provided, the resultant product exported is same as per the Advance Authorisation.

Case No. 23: M/s. Radiall lndia private Ltd., Bangalore

F No. 0'l/60/162/518/AM16/ (pRC) PRC Meeting No. 16/AM16 dated 08.12.20i5

Subject: Relaxation on export documents in lieu of bill of exports, ARE_,, Advance

Authorization No. 0710087469 dated 03.04.2012 Decision: The committee observed that under Rure 30 of SEZ Rures, 2006, read with excise instruction No 6 dated 03.08.2006, export to sEZ unit must be made against BiI of exports if suppriers wish

to avall exports incentives against such supphes And, in terms of Para 4 12 of FTP the Authorisation holder sha‖ declare the consumption of exempted materials used ln the resultant products in the export documents while effecting exports Therefore, the B‖ l of Export is an essential document for discharging the export obligation against Advance AuthOrisation Further,valuation of such supp‖ es are not been done by the Customs, hence,the Committee decided not to accede to the request The applicantis directed to get the case regularised in terms of Para 4 28 of HBP,2009-2014 (Action:RA,Bangaiore,if the app!icant fails to get the cases regularised within a month from the date of pub‖cation ofthese minutes on this Directorate website,action as perthe provisions of FT(D&R)Act, 1992 as amended, sha‖ be initiated and action taken report sha‖ be supplied to this Directorate forthwith)

Case No 24:M′ s Hindustan Tin Works Ltd.,」asola,New Delhi

F No 01/60/162/504/AM16/(PRC) PRC Mee‖ ng No 16/AM16 dated 08 12 2015 Sublect:― Requestfor exempjon from submlssion of e― BRC against Advance Authonzat10n no 0510328429 dated 27 06 2012 Decis:on: The conlmittee noted thatthe app:icant has submitted ll e‐ BRC out of14 shipments.The applicant was not in position get remaining 3 e‐BRC but subnlitted BRC on Appendix 22B.The committee,therefore,decided the fo‖ owing: l BRC submitted on Appendix 22-B sha‖ be accepted for discharge of export obligation 2 The app‖ cant sha‖ subm t lndemnity bond cum affidavit affirming therein that the said three e― BRC have not been generated and sha‖ not be generated in future and sha‖ not submitted against any Authorisation 3 A certificate from the concerned Bank sha‖ be submitted that no e― BRC has beenissued and sha‖ not be issued in future (Action:RA,CLA)

Case No.25:M′s United Chioro‐ Paraffins Pvt Ltd.Ko:kata

F No 01/60/162/697/AM16ノ(PRC) PRC Meelng No 16′ AM16 dated 08 12 2015 SubieCt:App‖ caJon for revanda」on of DFIA No 021089192 dated 30 04 2013 Decision: 肌l::器讐lif常1:ξ ∬贅だ呪∬ば搬tttl馴::llcWn親 'Ittell: Authorization.There is no Case Of genuine hardship.Therefore,the Committee did not accede to the request.

Case No 26:M′ s.Shriram filaments&Ropes pvt Ltd.,Distt.Solapur,Mumbai

F No 01ノ60/162/506/AM16/(PRC) PRC Meeung No 16/AM16 dated 08 12 2015 SubieCt:― RequestfOr Grant of 2nd revandatiOn against Advance Authorization no 031 0748482 巫 Decision: dt 05 09 2013

The Committee observed that the applicant has already been granted one revalidation of six months bv Ra, despiie tfrat tfre appficaii "Iita not utitize the Authorization. There is no cale of g"nr.;in. h"id"'hip. i["r.ror",-t"h. c.mmittee did Case No, 27: M/s. Neo Seactess Tubes Ltd.. Kolkate F.No. O l/60/i 62/513/Air16/ (pRC) PRC Meeting No. 16/Airi6 dated OB 12.2015

Subject:- Request for revatida on of DFtA no. O21O17t2gi dt. OA.OS.2O12.

Decision: The Committee observed that_the applicant has already been granted one revatidation of six months uv nA, desjiie tf,"t tt " "ppfi"rii "Iiio no, utilize the Authorization. There is no cale oigenuine h;;;";ip. i;;i;;J,"rie committee aia

Case No. 28: M/s. Uttam calva Steel Ltd, Mumbai

F.No. O1 l60t 162ts12t AM1 6/ (pRC) PRC Meeting No. 16/AM.16 dated 08.12.2015

Subject: -Request for revatidation of no. Advance Authorisation 031068601t dt. i3.03.2012.

Decision: The Committee observed that. the applicant has already been granted one revatidarion of six monrhs uv na, aespiL- *ai'd;pil;l ";ito not utitize ttre Authorization. There is no case of gen,iin. rr"ro"rripli["iJior"","ti. cornlnttt"" au

Case No. 29: M/s. Meghachem lndustries, Ahmedabad

F No. O1t61t 162t52j tAM i 6/ (pRC) PRC Meeting No. 16/A[rt6 dated 08 i2 20j5 Subiect:- Apptication for revalidation of Advance Authorization no. 0810088369 dt. 21.04.2010 Decision: LX"",,!#J,:;"",,"1""";I;S #Xt, *: appticant has atready been sranted one eutrrorization. tll;;.;;"";1.^# oesp e rhat the appticani coutd n6t utitize the not "c"eae io-ttreie-q'-e-- ea'E uI genuine hardship' Therefore, the committee di;

Case No. 30: M/s. Mittal potypacks Ltd., Jharkhand

F No. 01/60/i 621514/AMi 6/ (pRC) PRC l\reeting No. j6iAMt6 dated 08.12 201S

Subject:- Request for grant of 2nd revalidation / enhancement of Advance Authorization no.

0210146508 dt. 13.08.2010 Oecision: The Committee observed that the -apflicanl .has already been granted one revalidation of six months by RA, despite that the appricani courd not utirize the

Authorization. There is no case of genuine hardship. Therefore, the Committee did

Case No. 31: M/s. Sl GroupJndia Ltd., Mumbai

F. No. 01 /60/1 62l596/AM 1 6/ (PRC) PRC Meeting No. 16/AM16 dated 08.12.2015

Subject:- Request for revalidation of Advance Authorization no. 0310739278 dt. 27 .06.2013

Decision: The Committee observed that the applicant has already been granted one revalidation of six months by RA, despite that the applicant could not utilize the Authorization. There is no case of genuine hardship. Therefore, the Committee did

Case No. 32: M/s. Kankariya Textile lndustries Pvt. Ltd. Ahmedabad

F. No. 01/60/1 62/590/AM I 6/ (PRC) PRC Meeting No. 16/AM16 dated 08.12 2015

Subject:- Request for revalidation of DFIA No. 0810126863 dl. 04.12.2013

Decision: The Committee observed that the applicant has already been granted one revalidation of six months by RA, despite that the applicant could not utilize the Authorization. There is no case of genuine hardship. Therefore, the Committee did

Case No. 33: M/s. Jonson Rubber lndustries Ltd., New Delhi

F.No. 0'l/60/'1 62/585/AM 1 6/ (PRC) PRC Meeting No. 16/AM16 dated 08.12.2015

subject:- Request for revalidation of Advance Authorization no. 0510323635 dt. 01 .05.2012.

Decision: The Committee observed that the applicant has already been granted one revalidation of six months by RA, despite that the applicant could not utilize the Authorization. There is no case of genuine hardship. Therefore, the Committee did The meeting ended with a vote of thanks for the chair. @-^