DGFT Minutes

Minute e Po:i tion held underthe Chai ip of DG ri Anu hawa 082016 Meeting No 16′ AM17 held On 29 08 2016 atll:30 AM The fo‖ owing Members were presentin the meeting: l Sh百K C Rout Addl DGFT 2 Sh面ialkant S ngh Add DGFT 3 Sh面Darshan Singh AddL DGFT 4 Sh百」V Pal Addl DGFT 5 Shn S B s Reddy AddLDGFT 6 Shr」ay Karan Singh Jt DGFT 7 Sh面AkashTaneia 」t DGFT 8 Sh面Rakesh Kumar Dy DGFT 9 Shn S K Mohapatra Dy DGFT Fo‖ owing cases were diSCussed The decision taken on the individual cases are as under―

Case No l:M′ S Lupin Ltd,Mumbal

F No 01′ 60′162′562/AM17/PRC PRC Meeung No 16′ AM17 dated 29 08 2016 Sutte∝顧:翻1黙8島¶:弊冨蝋朧 A帆h“ztton No囲0749362d Decision: The Committee noted that the Advance Authorization no 0310749362 dt' li.OS.zolS was issued with conditions stipulated under PC-g dated 3006'2003' nlih "fto" 12 months period for EO fulfillment from import of each consignment' iir" irp",r" against the Authorization were made on 03 '10'2013 & 1210'2013. nc;iOilgfy, iniial obligation period was upto 31'102014 & 31 10'201.4' respectively' itre appt"iclnt has staied to have completed 99% expoil obligation during the initial "rp"ri5olg"ti"" period and remaining 1% thereafter' Taking into consideration all these facts. the Committee decided the following: L Export obligation period be extended from 12 months to 18 months' against each import consignment r.e. upto 30 04'2015' rr. inL ii onry tor aciounting and regularization of exports-already effected' lll fni" s srLlect to paym6nt of a composition fee @ 0 5% of FoB value of exports made after initial obligation period lV. RA shall check that minimum 50% exports are made against each "lnsilnment, within its initial obligation period lf not, composition fee will be chargEd @ o 5% per month on unfulfilled FoB v. ini "miniilu. vaiue addition of 15% as prescribed under Para 4 09 of FTP (2O15-2020) shall be maantained' Vl. ine above decision is subiect to the condition that facts stated by are verified as correct. (Action: RA, Mumbai) the exporter

Case No.2: M/s. Lupin Ltd., Mumbai.

F.No. 01/60/1 62/1 02/AM 17l PRC PRC Meeting No. 16/AM17 dated 29.08.2016 subiect:- Request for waiver of PC-18 against Advance Authorization No.0310733839 dt. 10.05.2013 issued under PC-9 condition. Decision: The committee noted that the applicant has stated to have imported 330kgs drug i.e. Cefaxoline Sodium from unregistered source. The applicant was under obligation to export 3lakh vials each vial containing 1 gram Cefazoline Sodium. Whereas, they have stated to have exported only 291370 vials containing 1 gm Cefazoline Sodium i.e. 291.370 kgs. There is shortfall of 9.50kqs due to low yield, which gone in lab testing. The applicant has claimed that they has already paid customs duty plus interest on that. The committee, therefore, decided the following:

1. PC-18 dated 30.10.2007 conditions stands waived on this 9.50 kgs to the extent of requirement of destruction certificate from Excise Authority.
2. This will, however, be subject to payment of composition fee of rupees Ten Thousand (RS. 10,000/-) to RA.
3. This will, however, be subject to payment of duty and applicable interest on unaccounted quantity.
4. The above decision is subject to the condition that facts stated by the exporter are verified as correct. (Action: RA, Mumbai)

Case No.3: M/s. cadila Healthcare Ltd., Ahmedabad.

F.No. 01 /60/'l 62/578/Al, 1 7/ PRC PRC l\4eeting No. 16/AM'17 dated 29.08.2016 Subiect:- Request for EOP extension of Advance Authorization No.08'10133714 dt. 03.11.2O14 issued under PC-g condition. Decision: The Committee noted that the Advance Authorization no. 08101337'14 dt. 03.11.2014 was issued with conditions stipulated under PC-g dated 30.06.2003, which allows 12 months period for E.O. fulfillment from import of each consignment. The imports against the Authorization stated to have been made on 06j2.2014, 18.O2.2015 & 02.07.2015. Accordingly, initial obligation period was upto 31.12.2015, 28.02.2016 & 31.07.2016, respectively. The applicant did not make any export towards discharge of 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, against each import consignment i.e. upto 30.06.2016, 31.08.2016 &31-O1-2017. ll. This is subject to payment of a composition fee @ 0.5% per month of value of exports made after initial obligation period. lll. The minimum value addition of 15% as prescribed under Para 4.09 of (2015-2020) shall be maintained. (Action: RA, Ahmedabad) Ｆ Ｏ Ｂ 　 Ｆ Ｔ Ｐ 　 ハ に ″

Case No.4: M/s. Kopran Ltd., Mumbai.

F.No. 01/60/162/532/AM17/ PRC PRC Meeting No. 16/ANI'17 dated 29.08.2016

Subject:- Request for EOP extension of Advance Authorization No.0310776320 dt.

28.03.2O14 issued under PC-g condition. Decision: The Committee noted that the Advance Authorization no. 0310776320 dt. 28.03 2014 was issued with conditions stipulated under PC-g dated 30.06.2003, which allows '12 months period for E.O. fulfillment from import of each consignment. The imports against the Authorization was reportedly made on 03.02.20'15. Accordingly, initial obligation period was upto 28.02.2016. The applicant has completed less than 50% export obligation during the initial export obiigation 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 31.08.2016. ll. This is only for accounting and regularization ol exports already effected. lll. This is subject to payment of a composition 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. (Action: RA, Mumbai)

Case No.s: M/s. Kopran Ltd., Mumbai.

F.No. 01/60/162/52s/AM1 7/ PRC PRC Meeting No. 16/A[I'17 dated 29.08.2016

Subject:- Request for EOP extension of Advance Authorization No.0310775987 dt.

27 .03.2O14 issued under PC-9 condition. Decision: The Committee noted that the Advance Authorization no. 0310775987 dt. 27.03.2014 was issued with conditions stipulated under PC-g dated 30.06.2003, which allows 12 months period for EO fulfillment from import of each consignment. The imports against the Authorization were reportedly made on 09.03.2015. Accordingly, initial obligation period was upto 31.03.2016. The applicant has completed less than 50% export obligation during the initial export obligation period. Taking into consideration all these facts, the Committee decrded the followrng l. Export obligation period be extended from 12 months to 18 months, against each import consignment i.e. upto 30.09.2016. ll. This will, however, be subject to payment of a composition fee @ 0.5olo per month of unfulfilled FOB value of exports made/to be made after initial obligation period. lll. The minimum value addition of 15% as prescribed under Para 4.09 of FTP (2015-2020) shall be maintained q-

(AcJon:RA,Mumball

Case No 6:M′ s Shalina Laboratories PVt Ltd,Mumbai

F No 01′60′ 1627543′AM17′ PRC PRC Meeting No 16/AM17 dated 29 08 2016 Sublect― Request for EOP extension of Advance Authottzalon No 0310697293 dt 04 06 2012 issued under PC-9 condition Decislon: The Comm ttee noted that the Advance Authorization no 0310697293 dt 04062012 was issued with condtiOns stpulated under PC-9 dated 30 06 2003, which a‖ows 12 months period for E O fulf‖ mentfrom mport of each consignment The imports against the Authorizaton were reportedly made on 22 06 2012 Accordingly, initial ob‖ gaton perod was upto 30 06 2043 The apphcant has completed 230/O exporl ob‖ gation durng the in tial export ob‖ gation perod and remaining 77%thereafter Taking into considerat on a‖ these facts, the Commitlee decided the fo‖ owing: I Export oblgation period be extended from 42 months to 48 months, against eachimport consignmentie upto 31 12 2013 ‖ This iS Only fOr account ng and regularizat on of exports a ready erected Ⅲ This WⅢ,hOwever,be subiecttO payment of a composnion fee(205%pe「 month of FOB value of exports made afterinitial ob‖ gaton perod lV The minimum value addnion of 45%as prescrbed under Para 4 09 0f FTP (20152020)sha‖ be mainta ned (Action:RA,Mumball

Case No 7:M′ s Adcockingram Ltd,Banga:ore

F No 01/60′ 162′ 531′AM17/PRC PRC Meetng No 16′ AM17 dated 29 08 2016 Sublect‐ Request for clubbing of three Advance Authonza10n Nos l)0710102145 dt 13 02 20141(‖ )0710106682 dt 16 09 2014 and (1)0710108203 dt 13 05 2015 issued under PC-9 condition Decision: The Committee noted that the above mentioned 3 Advance Authorzation we「 e issued with conditions Stipulated under PC-9 dated 30 06 2003, which a‖ ows 12 months pettod fo「 E O fulfl ment from import of each consignment These Autho「satons are issued wth pre impOrt condition The imports against the Autho「zaton No 0710102145 dt 13 02 2014 was reportedly made on 01 03 2014 Accordingly,in tial ob‖ gation per od was upto 31 03 2015 The committee,therefore, decided the fo‖ OWingi i Clubbing ofthree Authorisations be a‖ owed I Export ob‖ gatiOn period be extended from 12 to 48 months against Authorisaton No 0740102145 dt 13 02 2014 i e upto 30 09 2045

iii. Thas will, however, be subject to payment of composition fee @ 0 5% per month of FOB value of export to be accounted in the clubbed Authorisations. iv. Exports etfected after import and upto 30.09.2015 shall only be taken into account. v. RA shall ensure accounting of inputs as per SION. vi. Value addition shall be calculated on entire clubbed CIF and FOB value and minimum '15% V.A. shall be maintained. vii. Shortfall, if any, shall be regularised in terms of Pa.a 4 49 of HBP, 2015- 2O2O and PC-18 dated 30.10.2007 conditions shall be followed. (Action: RA, Bangalore)

Case No.8: M/s. Gupta Synthetics Ltd., Surat.

F.No. 0'l /60/'1621641/AM16/ PRC Subiect:- Request for EOP extension of Advance Authorization No. 5210020889 dt. 02.0'1.2007 for regularization purpose. Decision: The committee noted that the Authorisation was issued having validity period of 24 months to import and 36 months to fulfill corresponding export obligation. The applicant has imported 100% but did not make any export during initial export obligation period. The committee normally regularised the case if 100% exports are completed within 48 months from the date of issue of Authorisation. However, the applicant could complete only 34 % within 48 months. The case was earlier considered in meeting dated 06.01.2016 and it was reiected. The committee, therefore, reiterated its earlier decision and did not accede to the request of the applicant. The applicant is hereby directed to get the case regularized in terms of Pa.a 4.28 oI HBP 2009-2014 immediately. (Action: RA Surat / Applicant)

Case No.9: M/s. CIGFIL Ltd., Bangalore.

F. No. 01/60/162/952/AM16/ PRC PRC Meeting No. '16/AM17 dated 29.08.2016

Subject:- Request for allow accounting of exports made under 55 S/Bills from

Advance Authorization No.0710100407 dt. 1012.2013 to M No.07'1 0096562 dt. 09.07.201 3. Decision: The committee noted that the case was considered in meeting dated 03.05.2016 and it was deferred for seeking details of 55 Shipping bills/lnvoices/AREs to verify whether it bears details of the Advance Authorization. The applicant has submitted 5 random Shipping Bills out of 55 which bears details of the Advance Authorization No. 07'10'100407 dt. 10.12.2013. However, the applicant claims that the Authorisation No 0710'lOO4O7 dl. 10.12.2013 has been mentioned inadvertently on these Shipping Bill whereas goods were ought to have been exported towards discharge of export obligation against Advance Authorization No. 0710096562 dt. 0907.20'13. The

applicant has requested to allow transfer of said 55 Shipping Bills from Advance Auihorization No. 0710100407 dt. 10.12.2013 to AA No.0710096562 dt 09'07 2013' As both the Authorisation were issued in the same year, the committee, therefore, decided the following: I Exports made through 55 shipping bills/AREs mentioning Authorisation No O7iOlOO4O7 dt. 10.'12.2013 be allowed to be accounted in the Advance Authorisation 0710096562 dt. 09.07.2013 for regularization of default in the said Authorisation. ll. This will, however, be subject to payment of Rs. 2001 per shipping bill, as a composition fee. lll.

thorisation 0710096562 dt. 09.07.2013 for regularization of default in the said Authorisation. ll. This will, however, be subject to payment of Rs. 2001 per shipping bill, as a composition fee. lll. RA shall ensure that these 55 shipping bills/AREs have not been taken into account towards discharge of export obligation against Authorisation No 071 01 00407 dt.',10.12.201 3. lV. The applicant shall furnish an affidavit duly Notorised affirming therein that these'5'5 shipping bills/AREs have not been taken into account for discharge of export obligation against any Authorisation and shall not be taken in to account othei than the Authorisation No 0710096562 dt 09'072013' ln case any loss/demurrage is noticed in future, they shall pay an amount equal t; loss/demurrage to the exchequer with applicable interest immediately without anY Protest. (Action: RA, Bangalore)

Case No.10: M/s. Shalina Laboratories P. Ltd', Mumbai.

F.No. 01/60/162/542lAM17/ PRC PRC Meeting No. '16/AM17 dated 29.08.2016 Subrect- R;quest for EOP extension of Advance Authorization No 0310702383 dt' 19.07.2012 issued under PC-g condition. Decision: The Committee noted that the Advance Authorization no. 0310702383 dt 19.07.2012 was issued with conditions stipulated under PC-9 dated 30062003, which allows 12 months period for EO fulfillment from import of each consignment The imports against the Authorization was reportedly made on 21 08'20'12 & 17 .12.2b12. AcCordingly, initial obligation period was upto 31 .08 20'13 & 31 j22013' respectively. The applicant has completed more than 50% export obligation during the initial ;xport o6iigation period. Taking into consideration all these facts, the Committee decided the following: l. Export obligation period be extended from 12 months to '18 months, against each import consignment i.e. upto 28'02.2014 & 30.06.2014, respectively' ll. This is only for aciounting and regularization of exports already effected' lll. This is su-bject to payment of a composition fee @ 0'5% of FOB value of exports made after initial obligation period. lV. RA shall check that minimum 509. exports are made against each consignment, within its initial obligation period. lf not, composition fee will be charged @ 0.5% per month of unfulfilled FOB. v. tne -miniilum vaiue addition of 15% as prescribed under Para 4 09 of FTP (2015-2020) shall be maintained A,?

(Ac‖on:RA,Mumball

Case No ll:M′s EmamiLtd,Kolkata

F No 01760′ 162′546′AM17/PRC PRC Meettng No 16/AM17 dated 29 08 2016 Sublecti‐ Request for condona薔on of delay in l‖ ng clainn for refund of TED of Rs 3.50.200′ ‐ against lnvoices No 44 dt 08 10 201l submitted vide F‖ e No 92/40′ 83/40′AM16in RA,Kolkata Decis:on: The committee noted thatin terms of para 8 3 1(iv)Of HBP,2009-2014,日me penod fo「submission of app‖ cation for TED clairn was 12 months f「om the date of supply or payment「eceived And, in terms of Pa「a93 of HBP,2009‐ 2014,applcatlon can be f‖ led for such claim within 36 months frOm the prescribed time period with 10%late cut However the applicant has submitted app‖ caton on 25 08 2015 ie afler 4 器il堰爵翻:点勲鮒典]驚瑞蟄礁鞘拙:《 the request

Case No 12:M′s Puneet Expo‖s,New Deihi

F No 01′60/162′ 370′AM15′ PRC PRC Meeung No 16′ AM17 dated 29 08 2016 SubieCt― Requestfor extension in va‖ dily of DEPB No 051032501l dt 16 05 2012 Dec:sion: The case was defe「red fo「「ectfication of error code No 96 and 97 and seeking reportfrOm EDI (Action:ED:)

Case No 13:M′s Tiger Steel Engineering(india)P Ltd,Mumbai

F No 01′ 60′ 162/334′AM17′ PRC PRC Mee輛ng No 16′AM17 dated 29 08 2016 Sublect― Request fo「clubbing of W′o Advance Autho百za衝on Nos 0310602181 dt 19 11 2010 and 0310717323 dt 17 12 2012 Declslon: The comm ttee noted that the Authorsaton No 0310602181 dt 19 14 2010 was issued having in tial validity of 24 months to import and 36 months to fulf‖ export Oblgaton Whe「eas, the Autho「sation No 0310717323 dt 17 12 2012 was issued 鼎 哩肥需肥 思 iFT肌 『 錯 麟 蠍 ∫蛸1酷 l慟猟 Reva‖ dation of an Author Sation beyond th PRC Hence,the comm ttee was ofthe vに amount giving indirect reva‖ dation to fi「st Autho「isat on because imports in the second

Authorisation are made after expiry of validity of the first Authorisation. The committee' therefore, did not consider the request for clubbing of Authorisation. However. the committee noted that there are surplus exports in the first Authorisation. Therefore, the committee decided the following: i. Transfer of shipping bills from Authorisation No 0310602181 dt. 19.11.2010 to Authorisation No 0310717323 dt. 17122012 be allowed' which have been effected aftet 17.12.2012 indicating details of Authorisation No 0310602181 dt. 19.11.2010. ii. This will, however, be subiect to payment of composition fee of Rs. 200/-per shipping bill. (Action: RA, Mumbai)

Case No.14: M/s. Cargill lndia P. Ltd., New Delhi.

F.No. 01/60/162/528/AM1 7/ PRC PRC Meeting No. 16/AM'17 dated 29.08.2016 Subiect:- Request for relaxing late cut provisions with respect to their applacation for duty free entitlement under Served From lndia Scheme (SFIS) of Rs.1,39,73,488^ for the period 01 .04.2014 - 31 .03.2015. Decision: The committee noted the submission of the applicant that they could not file application due to server problem. However, it was decided to seek report from EDI whether there was any problem in filing online application for SFIS between 29.03.2016 to 31.03.2016. (Action: EDI) Case No.'15: M/s. GIC lnsu-Flex Conductors Pw. Ltd., Mumbai. F.No. 01 t60l 1621225lAM1 7/ PRC PRC Meeting No. '16/AM17 dated 29.08.2016

Subject:- Request for fulfillments of EO with different exports product in three

Shipping Bills in which same import items is used against Advance Authorization No.031 065561 0 dt. 23.O9.201'1. Decision: The committee noted that the Authorisation was obtained under SION Sl No 6'l/252 for export of Paper Covered Copper Conductor (Strip^ivires). Whereas, the applicant has exported un-plated Copper Conductors through three shipping bills without getting the Authorisation amended. However. SION under Sl. 61/338 is fixed for the resultant product. Under both the SION, copper wire/Rod is allowed with wastage of 1.02k9/kg content. The committee, therefore, allowed accounting of said three Shipping bills provided the Advance Authorisation number is mentioned in the shipping bills. RA shall calculate entitlement of other inputs as per SION and excess imports, if any, shall be regularised in terms of para 4.49 of HBP. (Action: RA, Mumbai) Case No.'l6: M/s. L3 Communications lndia P. Ltd., Bangalore. F.No 01/60/1 62/494/AM'17/ PRC

Subject:- R;quest for extension of export obligation period in terms-of-Pa? 4 '22 ol

' FfP, 2015-20 against Advance Authorization No.0710104299 dt' 21 .05.2014 Decision: The Committee noted that the Authorisation was issued having initial validity of 12 months to import and 18 months to fulfill stipulated export obligation The applicant has imported 1OO% but despite six months extension allowed by RA, the applicant has effected NIL exports within a period of 24 months. No exports are made even thereafter. No documents(copy of contract) evidencing that goods are to be exported to turnkey project is submitted. The committee, therefore' did not accede to the request. ihe applicant is hereby directed to get the case regularized in terms of Para 4.49 of HBP, 2015-2020. (Action: ApplicanvRA, Bangalore; if the applicant fails to get the case regularised within a mbnth from the date of uploading of these minutes on the Directorate website, action as per the provisions of FT(DR)ACt, 1992, as amended shall be initiated.)

Case No.17: M/s. Jonson Rubber lndustries Ltd., New Delhi'

F.No. 0'1 /60/'1 62/50'1/AM1 7/ PRC

Subject:- Riquest for revalidation of Advance Authorization No'051039071'1 dt'

22.08.2014. Decision: ThecommitteenotedthattheAuthorisationwasissuedhavinginitialvalidityof12 ,ontn. to import and 18 months to fulfill stipulated export obligation The applicant has imported'two items fully leaving balance in remaining items ln terms of para 4.41 oi HBP, 2015-2020, RAs are empowered to allow six months revalidation on merit of the case. However, the applicant did not avail the facility' No case of genuine hardship established. Hence, the committee did not accede to the request'

Case No.18: M/s. Viswaat Chemicals Ltd., Mumbai'

F No. 01/60/162/512lAM'17/ PRC PRC Meetino No. '16iAM'17 dated 29.08.20'16 Suuiect:- RJquest for 2nd revalidation of two Advance Authorization No 0310789864 dt 30.09.2014. Decision: ThecommitteenotedthattheAuthorisationwasissuedhavinginitialvalidityofl2 months to import and 18 months to fulfill stipulated export obligatjon' The applicant t r" irpott"O'on" item fully leaving balance in remaining items ln terms of para 4 41 of HBP, 2015-2020, RAs are empowered to allow six months revalidation on merit of4-

the case However the app‖ cant did not avan the fac‖ ity No case of genuine hardship established Hence,the commitlee did not accede to the request

Case No 19:M′s Avi Additives Pvt Ltd,Hyderabad

F No 01/60′ 162/526/AM17′ PRC PRCヽЛeetng No 16′ AM17 dated 29 08 201:nce AuthOrization No 0910061304 dt sublecti― Request for revandatOn of Advで 25112044 Decision: The commitee noted that RA has already a‖ owed six months further va‖ d tyl e upto 24 05 2016 Despite that the appHcant could not complete its import Hence, the comm ttee did not accede to the request of the app‖ cant considerng no case Of genuine hardship

Case No 20:M′s G B Engineering ExterpriSes Pvt Ltd,Chennai

F No 04′60/162′ 520ノAM16′ PRC PRC Meeting No 16′ AM17dated2908201ls fulf‖ ment of Advance Authorizaton Sublect― Request fo「EO re axajon towar No0410119183dt 25 11 2010 Decision: The commntee nOted that the Authonsa10n was ssued hav ng inn al va‖ dity of 24 months to import and 36 months to fuf‖ stipulated export ob‖ gation The apphcant has imported almost 100%and fulfl ed 70%st pulated export ob‖ gation The export 』椰榎舗騨‖鸞櫛懐鸞淵 翫脳1悧器淵itll13網鍵bl:ldhecaseЮ gdttsedhЮ rmsdptta 4 49 of HBP 偏in:儒‖ F畔計'認Ⅷrt「品∬瀾に ant衛にわgd me case ttgdttsed web●に ,aclon as pe「he prouЫons d器(謀1懸「1081壌乳晶』ξ♀ F「籠 initiated)

Case No 21:M′s Survival Technologies Ltd,Mumbai

F No 01/60′ 162′ 558′AM17/PRC PRC Meeting No 16/AM47 dated 29 08 2016 SuЦeCtギ ]ilu魁∫出 ]][IЭ¶:F:譜s:l∫ぽ麗温嚇『鳴奮凝 i鴨鴇瓶 :1認 No 0310695632 dt 22 05 2012 Declslon: The committee did not accede to the request as duty and interestis levied under the provisions ofthe Customs Act and not unde「 the provision of FTP or F T(D&R)Act″

Case No 22:M′s Ca:ibre Chemicals P Ltd"Mumbai

F No 01′ 60′ 162/966′AM16′ PRC PRC Meettng No 16′ AM17 dated 29 08 2016 SutteCt情 ::i瀞墨馴旱∫ i:瀾∫ nd CVJdmon d ttvance Auth“ zat on Decislon: The Committee noted that the Authorisat on was issued having in tial validity of 12 mOnhs b mpon and 48 momhs b範Ⅲ s:p:『喘::習幕Pitt」鴨品 lp鵠] has stated that they have imporled 1009 ::‖:僣ζ :‖■、 11:cj‖二 itl器]::dR:【:1浩lil::fteL Tattng these facts hlo l ExpOrt obligat On pe「iOd be extended from 18 months to 30 months ie upto 30 04 2016 ‖ 鷲輯評 f∫蹴WttJ趙肺尉榊 ‖l Minimum 15%VA sha‖ be maintained iv The above decision is subleCt tO the cOndition that facts stated by the exporter are verified as correct (Ac籠on:RA,Mumbal)

Case No 23:M′s Jindal Saw Ltd,N Delhi

F No 01′ 60′162′574′AM17′ PRC :]島!:::11ミ」 1:し:♀ 1:‖ |:J:i:首li:lllil:βBメ】 l∫ 110054216 dt 14 05 2012 and Decision: From EDl sec輛on「eport,it was noted tha EDI customs port and EDl shipping b‖ :::‖F鼠よsR罷]盤f∫1麗ん斗贈 : I The app‖ cant sha‖ sur「enderthe sald DEPB to RA forits cance‖ ation ‖ The app‖cant,if he wishes,sha‖ f‖e fresh apphcat on tagging EDI shipping b‖ s frOm depos10:γ ‖ RA sha‖ issue fresh DEPB Imposing 10%late cut (Action:Pune)

Case No 24:M′s Anisha Marine Export,Chennai

F No 01′ 60′162/609/AM17/PRC PRC Meeung No 16′ AM17 dated 29 08 2016 0f Transferable VKGUY Authonza Su切°“Nα謄∬滉1北Ъ t躊11:す肌 ¨ 争

Decision: The committee noted that the transferable duty credit scrip under YKGUY scheme was issued having validity of 18 months to import. There is no provision to revalidate such scrip provided the scrip lost its validity in the possession of Government agencies. That is not the case here. The committee, therefore, did not accede to the request.

Case No.25: M/s. Anisha Marine Export, Chennai.

F.No. 01/60/162/607/AM1 7/ PRC PRC N4eeting No. 16/AM17 dated 29.08.2016

Subject:- Request for revalidation of Transferable VKGUY Authorization

No.041 0 1 43334 dt. 04.02.201 3. Decision: The committee noted that the transferable duty credit scrip under YKGUY scheme was issued having validity of 18 months to import. There is no provision to revalidate such scrip provided the scrip lost its validity in the possession of Government agencies. That is not the case here. The committee, therefore' did not accede to the request.

Case No.26: M/s. Anisha Marine Export, Chennai.

F.No. 01 /60/1 62l539/AM1 7/ PRC

Subject:- Request for revalidation of Transferable VKGUY Authorization

No.041 0143142 dt. 1 1.02.2013. Decision: The committee noted that the transferable duty credit scrip under YKGUY scheme was issued having validity of '18 months to impo(. There is no provision to revalidate such scrip provided the scrip lost its validity in the possession of Government agencies. That is not the case here. The committee' therefore, did not accede to the request.

Case No.27: M/s, Anisha Marine Export, Chennai'

F.No. O'l /60/162/608/AM17/ PRC PRC Meeting No. '16/AM17 dated 29.08.2016 Sublect:- Request for revalidation of Transferable VKGUY Authorization No.04'l 0143437 dt. 19.02.2013. Decision: The committee noted that the transferable duty credit scrip under YKGUY scheme was issued having validity of 18 months to import. There is no provision to revalidate such scrip provided the scrip lost its validity in the possession of Government agencies. That is not the case here. The committee' therefore, did not accede to the request.

Case No 28:M′s Orient Craft Ltd,NeW De:hi

F No 01760′ 1627029′AM17′ PRC PRC Meeung No 16/AM17 dated 29 08 2016 SuЦ eCt― Request for clubb ng of 4 Advance Authoriza‖ ons No(o0510314445 dt 130120121(1)0510314446 dt 13 01 2012 and (1)0510314447 dt 13012012 Decision: The committee noted that vide PN 24 dated 04.08.2016 RAs have been empowered to allow clubbing of Advance Authorisations for Annual Requirement, as per conditions indicated in the said PN. The committee, therefore, decided to remand back the case to RA concerned for necessary action. (Action: RA, CLA)

Case No.29: M/s. Briibasi Art Press Ltd., New Delhi.

F. No. 0'1/60/162/041(D/AM17/ PRC PRC Meeting No. 16/AM'17 dated 29.08.2016 Subiect:- Request for revalidation of DFIA No.0510343'151 dt. 14.0'1 .2013. Decision: The committee noted that the DFIA was issued having initial validity of 12 moths to import and 18 months to fulfill stipulated expo( obligation. The applicant has fulfilled more than the stipulated export obligation and imported item No one 100%. Request for enhancement of quantity and value on prorata basis can be made to RA concerned within the validity of the Authorisation. Further, in terms of Para 4.41 of HBP, RAs are empowered to allow one time revalidation for six months on merit of the case. However, the applicant did not avail the facility. No case of genuine hardship. The committee, therefore, did not accede to the request.

case No.30: M/s. Briibasi Art Press Ltd., New Delhi.

F. No. 0'1/60/162/041(iiYAM 17l PRC

Subject:- Request for revalidation of DFIA No.05'10343'152 dt. 14.0'1.2013.

Oecision: The committee noted that the DFIA was issued having initial validity of '12 moths to import and '18 months to fulfill stipulated export obligation. The applicant has fulfilled more than the stipulated export obligation and imported item No one '100%. Request concerned within the validity ofthe Authorisation. Further, in terms of Para 4.41 of the case. However, the applicant did not avail the facility. No case of genuine hardship. The committee, therefore, did not accede to the request.

Case No.31: M/s. Briibasi Art Press Ltd., New Delhi'

F.No. 01/60/1 62/041 (iiD/AM17/ PRC PRC Meetins No. 16/Alvl'17 dated 29.08.2016 Subjoct:- Request for revalidation of DFIA No.05'10342930 dt. 10.01.2013. Decision: The committee noted that the DFIA was issued having initial validity of 12 moths to import and '18 months to fulfill stipulated export obligation. The applicant has fulfilled more than the stipulated export obligation and imported item No one 100%. Request concerned within the validity of the Authorisation. Further, in terms of Para 4.41 of the case. However, the applicant did not avail the facility. No case of genuine hardship. The committee, therefore, did not accede to the request.

Case No.32: M/s. Brijbasi Art Press Ltd., New Delhi.

F.No. 01/60/162/041 (iv)/AM17/ PRC PRC N4eeting No. 16/AM17 dated 29.08.2016 Subrect- Request for revalidation of DFIA No.0510332914 d|.29.O8.2012. Decision: The committee noted that the DFIA was issued having initial validity of 12 moths to import and 18 months to fulfill stipulated export obligation. The applicant has fulfilled more than the stipulated export obligation and imported item No one 100%. Request concerned within the validity of the Authorisation. Further, in terms of Para 4.4'1 ot the case. However, the applicant did not avail the facility. No case of genuine hardship. The commjttee, therefore, did not accede to the request.

Case No.33: M/s. Brijbasi Art Press Ltd., New Delhi.

F.No 01/60/1 62/04 1 (v)/AM 17l PRC Subiect:- Request for revalidation of DFIA No.0510335849 dl.27 .09.2012. Decision: The committee noted that the DFIA was issued having initial validity of 12 moths to impo( and 18 months to fulfill stipulated export obligation. The applicant has fulfilled more than the stipulated export obligation and imported item No one 100%. Request concerned within the validity of the Authorisation. Further, in terms of Para 4.41 of the case. However, the applicant did not avail the facility No case of genuine hardship. The committee, therefore, did not accede to the request.

Case No.34: M/s. Brilbasi Art Press Ltd., New Delhi.

F.No 0'1/60/'1 621041 (vi)/AM1 7/ PRC

Subject:- Request for revalidation of DFIA No.0510335852 dt.27 .o9.2012.

Decision: The committee noted that the DFIA was issued having initial validity of 12 moths to import and 18 months to fulfill stipulated export obligation. The applicant has fulfilled more than the stipulated export obligation and imported item No one '100%. Request concerned within the validity of the Authorisation. Further, in terms of Para 4.41 of the case. However, the applicant did not avail the facility. No case of genuine hardship. The committee, therefore, did not accede to the request.

Case No.35; M/s. Brijbasi Art Press Ltd., New Delhi.

F.No. 01 /60/1 62/041 (vii)/AM'l 7/ PRC PRC Meeting No. 16/AM'17 dated 29.08.2016 Subiect:- Req uest for revalidation of DFIA No.051 0337'183 dt. 1 5.'10.201 2. Decision: The committee noted that the DFIA was issued having initial validity of 12 moths to import and 18 months to fulflll stipulated export obligation. The applicant has fulfilled more than the stipulated export obligation and imported item No one 70%. Request concerned within the validity of the Authorisation. Further, in terms of Para 4.41 of the case. However, the applicant did not avail the facility. No case of genuine hardship. The committee, therefore, did not accede to the request.

Case No.36: M/s. Briibasi Art Press Ltd., New Delhi.

F. No. 01/60/162/041 (viii)/AM17/ PRC Subiect:- Request for revalidation of DFIA No.0510337184 dl. 15.1O.2O12. Decision: The committee noted that the DFIA was issued having initial validity of 12 moths to import and 18 months to fulfill stipulated export obligation. The applicant has fulfilled more than the stipulated export obligation and imported item No one 1000/0. Request concerned within the validity of the Authorisation. Further, in terms of Para 4.41 of the case. However. the applicant did not avail the facility. No case of genuine hardship. The committee, therefore, did not accede to the request.

Case No 37:M/s Dorf Keta!Chemica:s ll)PVt Ltd,Mumbai

F No 01/60′ 162/272/AM17′ PRC PRC Meeting No 16ノAM17 dated 29 08 2016 ∝

Subiect:- Request for DBK Shipping Bills No.3597820 dt 30.06 2014 & 3614345 dt 01.O7.2014 towards discharge of exports obligation under Advance Authorization No.031 0784514 dt. 05.06.2014. Decision: The Committee noted that the Advance Authorization no. 03107845'14 dt' 05.06.2014 was issued with conditions stipulated under PC-g dated 30.06.2003, which allows 12 months period for E.O. fulfillment from import of each consignment' The applicant has imported 1OO% goods from unregistered sources but did not make any export towards discharge of export obligation However, the applicant saying thit the same imported goods were used and exported agaanst DBK shipping bill No No.3597820 dt. 30.06.2014 & No 3614345 dt. 01 07 .2014 but did not avail drawback on it. However, the committee noted that the imports under the Authorisation were made on 28.05.2014 and 21.02.2015 and exports have been completed by 01.07 .2014 that is prior to import. Hence, these shipping bill cannot be accepted for waiver of PC-l8 dated 30.10.2007 condition. Hence, the committee did not accede to the request. The applicant is hereby directed to get the case regularised in terms of para 4.49 of HBP, 2015-2020 subject to terms and conditions of PC-18. (Action: applicanURA, Mumbai)

Case No.38: M/s. Continental lndia Ltd., New Delhi.

F.No. 01/60/1 62/382/AM1 5/ PRC Sublect- Request for condonation of delay in submission of applications for DEPB claim for Rs.30,76,348/- against export made during 2009, 20'10 and 20'11. Decision: The committee noted that in terms of Para 4.66 of HBP 2009-2014 read with Para 9.3 of said HBP, application for DEPB claim could be filed within 36 months from the date of export or 30 months from the date of realization of payment whichever is later, with 1O% late cut. No cogent reason is given for not submitting application within the prescribed time limit. The applicant also not furnished any document regarding merger of company and when the merger took place. The committee, thus, did not accede to the request of the applicant.

Case No.39: Mittal Technopack P. Ltd., Kolkata.

F.No. 01/9211 80/052/AM14/ PC-Vl PRC Meeting No. '16/ANil17 dated 29.08.2016 Subiect:- Request for relaxation of Para 9.3 of HBP 2009-'14. Decision: The committee noted that the company was DTA unit and after evaluating all benefits of tax and duties to an EOU, they get their DTA unit converted into EOU They were fully aware that he can procure goods without payment of TED against CT-3 and su[plier will get drawback on duty paid inputs or Advance Authorisation for import of auty free inputs. ln terms pf Para 8.3.'1 of HBP, 2009-20'14 read with Para 9'3 of.said- HBP app‖ cat on for d「avvback can be fied w thin 36 months from the date ofreceipt of

payment with 10% late cut. The committee did not agree to allow any relaxation beyond this period.

Case No.4O: M/s. Elite Green P. Ltd., Ahmedabad.

F.No. 0'l/85/50i 132/AM 14l DES-VYPRC PRC Meeting No. '16/ANI'17 dated 29.08.2016 Sublect:- C-orrection/amendment in Case No.25 of PRC Meeting No25/'16 dt 08.03.2016. Decision: The committee noted that Pa-a 4.7 ol HBP categorically disallows issue of Advance Authorisation under self-declaration scheme if duty in more than 30% The applicant was required and presumed to be aware of these facts' Hence, it was decided to reject the request. RA may ensure that the case is regularized as per Para 4'49 of HBP. 2015-2020. (Action: ApplicanURA, Ahmedabad)

Case No.4l: M/s. Shiva Pharmachem Ltd., Baroda.

F.No. 01/60i 162/903/Al,416/ PRC PRC Meeting No.'16/AM17 dated 29.08.2016

Subject:- R-equest for relaxation to count exports made from SEZ unit against

Advance Authorization No.3410039176 dt. 03.02'2014' Decision: The committee noted that applicant has obtained Advance Authorisation to import goods without payment of applicable duty. SEZ rrnit is also eligible to import goods iitnout payment of applicable duty. However, SEZ enjoyed .income tax rebate on taxable iniome, which Advance Authorisation holder did not Under rule 43 of SEZ' iule, 2006, SEZ unit can do job work for DTA unit provided prior permission of Development Commissioner has been obtained However, as per report furnished by DC, D;hej, no permission was obtained by SEZ unit The committee, therefore, did not accede to'the request. The applicant is hereby directed to get the case regularised as per the provisions in Para 4.29 of HBP ' 2009-2014 iAction: ApplicanuFl/A, Vadodara: if the applicant fails to get the case regularised within a monih from the date of uploading of these minutes on the Directorate website, action as per the provision of FT(DR)AoI, 1992 as amended shall be initiated)

Case No.42: M/s. Stera Engineering lndia Pvt. Ltd., Chennai'

F No. 01/60/162/093/AM'16/ PRC PRC Meeting No. 1o/AM',l7 dated 29.08 2016

Subject:- R"equest for condonation of the procedural lapse. in -obtain ing the Bill of

' Exports of Advance Authorization No 04101 16884 dt' 01'09 2010' Decision: The committee noted submitted in ANF-4F. that application for redemption of Advance Authorisation is ln the ANF-4F under Para (a) (ii) of guidelines for application

(HBP, 2009-20'14 Vol-l), it was categorically mentioned that exporter shall submit'Bill of Export' along with oiher prescribed documents. And, in terms of Pata 4'12 ol FfP' exporter shall indicate consumption of inputs in the export documents' Further' for geiting incentive on supply of goods to SEZ, Bill of Export is prescribed document inder-Rule 30 of SEZ, Rule, 2006. The committee was of the view that requirement of Bill of Export provided for in the SEZ Rules, in addition to the FTP, cannot be dispensed with. The applicant is hereby directed to get the case regularised as per the provisions in Para 4.29 of HBP, 2009-2014. iAction: nA Chennai : lf the applicant fails to get the case regularized within a month from the date of publication of these minutes on the Directorate website, necessary penal action as per provision under FT(DR) Act, 1992' as amended, should be initiated by the RA)

Case No.43: M/s. Stera Engineering lndia P. Ltd., Chennai'

F.No. 01/60/162l094/AM16/ PRC

Subject:- R;quest for condonation of the procedural lapse in obtaining the Bill of

Exports of Advance Authorization No.0410121207 dt. 01.022011. Decision: The committee noted that application for redemption of Advance Authorisation is submitted in ANF-4F. ln the ANF-4F under Para (a) (ii) of guidelines for application (HBP, 2009-2014 Vol-l), it was categorically mentioned that export€r shall submit'Bill of Export' along with other prescribed documents And, in terms of Pan 4.12 ol FfP, exporter shall indicate consumption of inputs in the export documents. Further, for getting incentive on supply of goods to SEZ, Bill of Export is prescribed document inder-Rule 30 of SEZ, Rule, 2006. The committee was of the view that requirement of (Action: RA Chennai : lf the applicant fails to get the case regularized within a necessary penal action as per provision under FT(DR) Act, 1992, as amended,

Case No.44: M/s. Stera Engineering lndia P' Ltd., chennai.

F.No. 01/60/1621092/AM'16/ PRC PRC Meeting No. 16/Al\i117 dated 29.08 2016 Sublect:- R-equest for condonation the procedural llpse in 9!t9il!s the Bill of ' Exports of Advance Authorization No.04'101'18541 d|.02.112010. Decision: TfiE--conrmittee noted that application for redemption of Advance Authorisation is (HBP, 2009-2014 Vol-l), it was categorically mentioned that exporter shall submit'Bill of Export' along with other prescribed documents And' in terms of Pata 4'12 of FfP' exporter shall indicate consumption of inputs in the export documents' Further, for geiting incentive on supply of goods to SEZ, Bill of Export is prescribed document inaeiRule 30 of sEz. Rirl;. 2006. The committee was of the view that requirement of ヘ

Bill of Export provided for in the SEZ Rules, in addition to dispensed with. The applicant is hereby directed to get the case provisions in Para 4.29 of HBP,2OO9-2O14. (Action: RA Chennai : lf the applicant fails to get the case month from the date of publication of these minutes on the necessary penal action as per provision under FT(DR) Act, the FTP. cannot be regularised as per the regularized within a Directorate website. 1992, as amended,

Case No.45: M/s. Featherlite Products P. Ltd., Bangalore.

F.No. 01/60/1 62/559/AM'1 7/ PRC PRC Meeting No. 16/A[r'17 dated 29.08.2016

Subject:- Request for relaxation of requirement of submission of Bill of Exports as a

proof of export of SEZ unit against Advance Authorization No.0710060225 dt.30.09.2008. Decision: The committee noted that application for redemption of Advance Authorasation is of Export' along with other prescribed documents. And, in terms of Para 4.12 of FTP, under Rule 30 of SEZ, Rule, 2006. The committee was of the vaew that requirement of provisions in Para 4.29 of HBP,2009-2014. (Action: RA Bangalore : lf the applicant fails to get the case regularized within a

Case No.46: M/s. Caterpillar lndia P. Ltd., Chennai.

F.No. 0'1/60/162/951/AM1 6/ PRC PRC lveeting No. 16/AM17 dated 29.08.2016 Subrect:- Request for condonation of procedural lapse for acceptance of ARE-1 as proof of exporu supply of SEZ Developer in lieu of Bill of Exports for supply of one Diesel Generating (D.G.) set 1500 KV under Advance Authorization No.04101507'12 dt. 07.10.2013 and for supply of 6 D.G. sets under Re- imbursement of Duty (ROD) in lieu of drawback for supply of goods to SEZ Developers. Decision: of Export' along with other prescribed documents. And, in terms ol Pata 4.12 ol FfP, ヘ

under Rule 30 of SEZ, Rule, 2006. The committee was of the view that requirement oI (Action: RA Chennai : lf the applicant fails to get the case regularized within a

Case No.47: M/s. Tracto6 and Farm Equipment Ltd,, Bengaluru.

F.No. 01/60/162/457, 458 & 459/AM15/ PRC Subiect:- Request for condonation of non-mentioning the Advance Authorization details in the Bill of Exports against Advance Authorizations No.(i) 0710060732 dt. 27.1O.2O08t (ii) 0710049761 dt. 23.01.2007 and (iii) 0710051841 dt. 01.06.2007 for redemption/EODC purpose. Decision: of Export'along with other prescribed documents. And, in terms ot Para 4.12 ol FfP, getting incentive on supply of goods to SEZ, Bill of Export as prescribed document under Rule 30 of SEZ, Rule, 2006. The committee was of the view that requirement of (Action: RA Bangalore : lf the applicant fails to get the case regularized within a necessary penal action as per provision under FT(DR) Act, '1992, as amended,

Case No.48: M/s. ABB lndia Ltd., Bangalore.

F.No. 01/60/162/614/AM15/ PRC PRC Meeting No. 16/AM'17 dated 29.08.20'16 Subrect- Request for condone the procedural lapse in obtaining the Bill of Exports of three Advance Authorizations No.(i) 0710065927 dt. 14.07.2009; (ii) 0710068577 dt.01.12.2009 and (iii) 0710065928 dt. 14.07.2009. Decision: submitted in ANF4F. ln the ANF-4F under Para (a) (ii) of guidelines for application of Export' along with other prescribed documents. And, in terms oi Pata 4.'12 of FIP,

(Action: RA Bangalore : lf the applicant fails to get the case regularized within a month from the date of publication of these minutes on the Directorate websate,

Case No.49: M/s. Thyssenkrupp Electrical Steel lndia Pvt. Ltd., Mumbai.

F.No. 01/60/162/464/AMl 5/ PRC PRC Meeting No. 16/ANI17 dated 29.08.2016

Subject:- Request for relaxation from furnishing specified document (Bill of Export)

for the purpose of closure of Advance Authorization No.03'10483334 dt. 22.08.2008. Decision: of Export' along with other prescribed documents. And, in terms ol Pa.a 4.12 of FfP, (Action: RA Mumbai : lf the applicant fails to get the case regularized within a

Case No.50: M/s. Thyssenkrupp Electrical Steel lndia P. Ltd., Mumbai.

F.No. 01 /60/162/460/AM1 5/ PRC PRC Meeting No. '16/A[417 dated 29.08.2016

Subject:- Request for relaxation from furnishing specified document (Ball of Export)

for the purpose of closure of Advance Authorization No.0310329997 dt. 13.05.2005. Decision: submitted in ANF-4F. ln the ANF4F under Para (a) (ii) of guidelines for application of Export' along with other prescribed documents. And, in terms of Paru 4.12 ol FfP,

Bill of Export provided for in the SEZ Rules, in addition to dispensed with. The applicant is hereby directed to get the case provisions in Parc 4.29 of HBP,2009-2014. (Action: RA Mumbai : lf the applicant fails to get the case month from the date of publication of these minutes on the necessary penal action as per provision under FT(DR) Act, the FTP, cannot be regularised as per the regularized within a Directorate website, 1992, as amended,

case No.5l: M/s. Thyssenkrupp Electrical Steel lndia P. Ltd., Mumbai.

F.No. 0'l /60/162/463/AM15/ PRC PRC Meeting No. 16/AM'17 dated 29.08.2016

Subject:- Request for relaxation from furnishing specified document (Bill of Export)

for the purpose of closure of Advance Authorization No.03'10542976 dt. 28.10.2009. Oecision: of Export' along with other prescribed documents. And, in terms ol Pata 4.12 of FfP, (Action: RA Mumbai : lf the applicant fails to get the case regularized within a

Case No.52: M/s. Thyssenkrupp Electrical Steel lndia P. Ltd., Mumbai.

F.No. 01/60/162/462lAM1 5/ PRC Subrect:- Request for relaxation from furnishing specified document (Bill of Export) for the purpose of closure of Advance Authorization No.0310579557 dt. '18.06.2010. Decision: of Export'along with other prescribed documents. And, in terms ol Para 4.12 of FfP,

provisions in Pata 4.29 of HBP, 2009-20'14. (Action: RA Mumbai : lf the applicant fails to get the case regularized within a

Case No.53: M/s. Thyssenkrupp Electrical Steel lndia Pvt' Ltd., Mumbai.

F.No. 01/60i162/46s/AM1 5/ PRC PRC N.4eeting No. '16/AM17 dated 29.08.2016

Subject:- R;quest for relaxation from furnishing specified document (Bill of Export)

for the purpose of closure of Advance Authorization No.0310394036 dt' 10.08.2006. Decision: (HBP, 2OO9-2014 Vol-l), it was categorically mentioned that exporter shall submit'Bill of Export' along with other prescribed documents. And, in terms of Pata 412 of FfP' geiting incentive on supply of goods to SEZ, Bill of Export is prescribed document inoeiRute 30 of SEz, Rule, 2006. The committee was of the view that requirement of Bill of Export provided for in the SEZ Rules, in addition to the FTP' cannot be provisions in Para 4.29 of HBP, 2009-20'14. (Action: RA Mumbai : lf the applicant fails to get the case regularized within a

Case No.54: M/s. Navin Fluorine lnternational Ltd., Mumbai.

F.No. 01/60/1 6211 70/AM'16/ PRC Subiect:- R;quest for condonation the procedural lapse in obtaining Bili of Exports of Advance Authorization No.031061 2992 dt. 28 01 .2011 - Decision: (HBP, 2OO9-2014 Vol-l), it was categorically mentioned that exporter shall submit'Bill of Export' along with other prescribed documents. And' in terms of Pata 4'12 ol FfP' exporter shall indicate consumption of inputs in the export documents' Further, for geiting incentive on supply of goods to SEZ, Bill of Export is prescribed document inder-Rule 30 of SEz, Rul;, 2006. The committee was of the view that requirement of provisions in Parc 4.29 of HBP, 2009-2014

(Action: RA Mumbai : lf the applicant fails to get the case regularized within a

Case No.55: M/s. Miven Mayfran Conveyors Pvt. Ld., Hubli, Karnalaka.

F.No. 0116oh621242/AM 1 7/ PRC PRC Meeting No. 16/Ai/17 dated 29.08.2016

Subject:- Request for condonation of requirement of Bill of Exports to discharge

Export Obligation against Advance Authorization No.0710058540 dt. 15.07.2008. Decision: submitted.in ANF-4F. ln the ANF4F under Para (a) (ii) of guidelines for application of Export' along with other prescribed documents. And, in terms of Pata 4.12 ol FfP, provisions in Pata 4.29 of HBP, 2009-2014. (Action: RA Karnataka : lf the applicant fails to get the case regularized within a

Case No.56: M/s. Thermon Heat Tracers Pvt. Ltd., Mumbai.

F.No. 0'1/60/1 62/670/AM16/ PRC PRC Meeting No. '16/AN/17 dated 29.08.2016

Subject:- Request for condonation of non-filing of Bill of Export for the supplies

made against Advance Authorization No.3110056473 dt. 13.12.2012. Decision: of Export' along with other prescribed documents. And, in terms of Paru 4.12 ol FTP, provisions in Para 4.29 of HBP,2009-2014. (Action: RA Mumbai : lf the applicant fails to get the case regularized within a ヘ

necessary penal action as per provision under FT(DR) Act, '1992, as amended,

case No.57: M/s. Electromech Material handling Systems (lndia) Pvt. Ltd.,

Pune. F.No. 01/60/162/16g/AM'l 7/ PRC PRC Meeting No. 16iAM17 dated 29.08.2016 Subiect:- Request for condone the procedural lapse of non-generating Bill of Export for supplies made to SEZ unit against Advance Authorization No.31 10032376 dt. 21.01.2008. Decision: of Export' along with other prescribed documents. And, in terms ol Pa.a 4.12 ol FfP, exporter shall indicate consumption of inputs in the export documents Further, for (Action: RA Pune : lf the applicant fails to get the case regularized within a month from the date of publication of these minutes on the Directorate website, necessary penal action as per provision under FT(DR) Act, 1992, as amended, should be initiated by the RA)

Case No.58: M/s. Electromech Material handling Systems (lndia) P. Ltd., Pune.

F.No. 01/60/'1 62/166/AM17/ PRC PRC Meeting No. 16/4[,117 dated 29.08.2016 Subiect:- Request for condone the procedural lapse of non-generating Bill of Export for supplies made to SEZ unit against Advance Authorization No.31 '100337'12 dt. 09.05.2008. Decision: submitted in ANF4F. ln the ANF-4F under Para (a) (ii) of guidelines for application (HBP, 2O09-2014 Vol-l), it was categorically mentioned that exporter shall submit'Bill of Export'along with other prescribed documents. And, in terms of Pata 4.12 of FTP' unaeiRule 30 of SEZ. Rule, 2006. The committee was of the view that requirement of provisions in Para 4.29 ol HBP,2009-2014.

(Action: RA Pune : lf the applicant fails to get the case regularized within a month from the date of publication of these minutes on the Directorate website, necessary penal action as per provision under FT(DR) Act, 1992, as amended, should be initiated by the RA)

Case No.59: M/s. Electromech Material handling Systems (lndia) P. Ltd., Pune.

F.No. 01/60/1 621173/AM1 7/ PRC PRC Meeting No. 16/AM'17 dated 2S.08.2016 Subiect- Request for condone the procedural lapse of non-generating Bill of Export for supplies made to SEZ unit against Advance Authorization No.31 10033470 dt. 09.04.2008. Decision: (HBP, 2009-20'14 Vol-l), it was categorically mentioned that exporter shall submit'Bill of Export' along with other prescribed documents. And, in terms ot Pata 4.12 ot FfP, under Rule 30 of SEZ, Rule, 2006. The commattee was of the view that requirement of (Action: RA Pune : lf the applicant fails to get the case regularized within a month from the date of publication of these minutes on the Directorate website, necessary penal action as per provision under FT(DR) Act, 1992, as amended, should be initiated by the RA)

Case No.60: M/s. Electromech Material handling SFtems (lndia) P. Ltd., Pune.

F.No. 0 1 160 1 162 h 42lAl,! 1 7/ PRC Subiect- Request for condone the procedural lapse of non-generating Bill of Export for supplies made to SEz unit against Advance Authorization No.31 10037229 dt. 03.02.2009. Decision: submitted in ANF-4F. ln the ANF4F under Para (a) (ii) of guidelines for application of Export' along with other prescribed documents. And, in terms ol Paru 4.'12 ot FIP,

(Action: RA Pune : lf the applicant fails to get the case regularized within a month from the date of publication of these minutes on the Directorate website, necessary penal action as per provision under FT(DR) Act, '1992, as amended, should be initiated by the RA) Case No,61: M/s. Reliance lndustries Ltd., Mumbai. F.No. 01 /89/1 80/40/AM09/ PC-2(A) PRC Meeting No. 16/AlVl'17 dated 29.08.2016 Subiect:- Request for NOC for import of Range Rover Sentinel high security Armoured Car for Chairman of l\4/s. Reliance lndustries Limited. Decision; The Committee decided to relax the provisions of Policy Condition No 7 of chapter 87 of ITC (HS), 2012, Schedule - l(lmport Policy) for import of Range Rover Sentinel High Security Armoured Car (Vehicle 2955 CC) for Chairman of M/s Reliance lndustries Limited. This will, however, be subiect to the condition that: l. lmport should be made through the authorized ports only. ll. NOC from Ministry of Home affairs shall be obtained before Customs clearance. (Action: Policy-2)

Case No.62: M/s. Dott Services P. Ltd., Hyderabad.

F. No. 01 /89/1 80/Misc-1 4/ AN,l1 0/ PC-2(A)/Part PRC Nleeting No. 16/AM17 dated 29.08.2016

subject:- Request for relaxation in provision clvlvR '1989, rule 126 of CMVR 1989

and clause 1 ! lllaltbltilliil and liiil, [c][d] (D, (ii) & (iiO of chapter 87 of lTc lHSl, 2012 for import of '19 units of second hand (refurbished) KOIVIATSU HD785-7 Off Highway Mining dump trucks (model: HD785-7) for "Exclusive use" in the Mining lndustry. Decision: The Committee decided to relax the clause 1 tllltaltbltiltiil and [iii], [c][d] (D, (ii) & (iii) of Chapter 87 of ITC IHSI, 2012 for import of '19 units of second hand (refurbished) KOMATSU HD785-7 Off Highway Mining dump trucks (model: HD785-7) for "Exclusive use" in the Mining lndustry, subject to following conditions: l. lmport should be made through the authorized ports only. ll. Vehicles shall not ply on public roads except at the time of and de-mobilization and that the equipment would be used project site and shall be re-exported after completion of work. (Action: Policy-2)

Case No.63: M/s. Hindustan Zinc Ltd., Udaipur.

F. No. 0'1 /89/1 80/67/ANi09/ PC-2(A)A/ol.V/Part. I PRC N.4eeting No. 16/AM17 dated 29.08.2016 mobilization only at the

ヘ Subiect:- Request for grant of relaxation in provision of CMVR 1989, Rules 126 of CMVR 1989 and Clause 2 (ll) {(a) (i) (ii) and (iii), (b) (c) (i), (ii) & (iii)} and clause 7 of ITC (HS), 2012, fot import of 19 underground mining equipment. Decision: The Committee decided to relax the Clause 2 (ll) {(a) (i) (ii) and (iii), (b) (c) (i), (ii) & (iii)) and clause 7 of Chapter 87 of ITC (HS), 2012 for import of 19 units of new underground mining equipment. This will, however, be subject to the condition that: l. lmport should be made through the authorized ports only. ll. Vehicles shall not ply on public roads except at the time of mobilization and de-mobilization and that the equipment would be used only at the project site and shall be re-exported after completion of work. (Action: Policy-2)

Case No 64: Florence Shoe Company

Reference-Firm's letter dated 17rh May 2o16+ Customs letter datedzz"' Dec 2015 & '1gth Feb 2016 No of Shipping Bills involved: 5l lssue: The party while filing shipping bill details on ICEGATE system, erroneously mentioned "Greenland" as the country of destination instead of USA. The same was transmitted to DGFT from ICEGATE. On request of the firm, Chennai Custom's manually amended country of destination to USA. However, it could not amend the details online ICEGATE system does not permit modification of shipping bills after filing of EGN4. Chennai Customs requested DGFT for processing of MEIS Script as per amended information vide their letter dated 1gth February 2016. Decision: PRC approved manual intervention by DGFT (NlC) to amend country of destination from Greenland to USA. based on the letter received from Customs Port office in this regards. (Action: EDI)

Case No 65: Nestle lndia Limited

Reference-Firm's letter dated 16th May 2016 + Customs letter dated 4th Jan 2016 No of Shipping Bills involved: 173 lssue-Nestle have exported "lnstant Soluble Coffee" from Mangalore port. While doing so, they filed Shipping Bills to take benefit both of DFIA (for imported coffee beans) and Drawback under brand rate fixation (for duty paid packing material) This is allowed under the policy. However, Nestle was compelled to file manual shipping bills by Mangalore Customs, because of the non-availability of combined code for DFIA and Drawback As this was a manual filing, Data did not flow to DGFT through the ICEGATE system and as lvlangalore port is an EDI port, DGFT cannot allow manual filing of MEIS application. Mangalore Custom's advised Nestle to approach DGFT for issuance of MEIS scrip on the basis of manual shipping bill. %

Decision: PRC approved DGFT (NlC) to allow manual intervention of specified 173 shipping bills by MIS Nestle lndia Ltd into online MEIS application M/s Nestle lndia Iti. witiue issued manual MEIS license and the same will be manually cleared at Mangalore port. (Action: EDI)

Case No 66: M/3. Tata lnternational

Reference-Firm's letter dated 23106/2016, Customs letter dated 1srh March 2O'16 No of Shipping Bills involved: 574 issue-nir birg6 complex, lndore is a Custom notified EDI port, however it is working on manual mode on account of internal software issues and no export details were transmitted through ICEGATE to DGFT. As lndore port was shown as non-EDl system in DGFT s-ystem, the firm applied for MEIS feeding.the details manually and was issued MEIS. However as the issuance was manual, data did not flow from DGFT to ICEGATE and later when the firm applied for MEIS processing at JNPT/A|r Cargo Chennai/Sea Cargo Chennai/lcD Pithampur, they faced issues as the conlerned customs port hid no EDI information/data on the concerned MEIS scrip' Decision: PRC approved issuing a lefter to ADG (ICEGATE) to instruct JNPT/Air -irgo Chennai/Sei Cargo Chennai/lCD Pithampur Customs Port to register the MEI-S license and allow the party to utilise the same' Copy of the letter may be sent to JS (Drawback) and email senito inform lvl/s Tata lnternational' (Action: EDI) Case 67: SEIS claim of M/S JNPT Reference-Firm,sletterdatedl4thJune2ol6+CaSedetails-SFISApplicationfor 2014-15 No of ShiPPing Bills involved: N'A tssue- Jl\iit ias stated that they have made a mistake while filing the online appiitations for issue of SFIS. JNPT further stated that they submitted documents/ uili". tot period 2014-15 but selected application period as 2015-16' All along CA certificate showing correct figures was appended' They have done so in the past ;;;; y";ta.

hey submitted documents/ uili". tot period 2014-15 but selected application period as 2015-16' All along CA certificate showing correct figures was appended' They have done so in the past ;;;; y";ta. ocri litumuai oiRce also ignored the mistake However' to take care of .i"r"i"t, DGFT Mumbai issued SFIS Authorisation, with manual endorsement on the body of the Authorisation, mentioning SFIS benefit period JNPTcouldnotSubmitdocumentsforSFlsperiod2ol4-l5andSelectingfrequency ierioOis iofS fo (as they had done in past)' Since SFIS benefit was discontinued since '1st April 2015 (as per new FTP 2015-20), JNPT was unable to apply for SFIS application. Decision: PRC rejected application of M/s JNPT on the ground that it was the party's mistake and suih relaxations have not been allowed by the Committee' (Action: EDI) hequisit" "ppfi"ation fee is waived for the cases appearing at Sl No 64 to 67 being EDI Problems. The meeting ended with a vote of thanks to the chair' 多