DGFT Minutes

Minutes ofthe Policv Relaxatlon Comm■tee Mee■ng held underthe Chairmanship of DGFT,Sh“ Anup Wadhawan,on 06 09 2016 Meelng No 17′ AM17 held on 06 09 2016 at 10100 AM The fo‖owing Members were presentin the meeungi l ShH K C Rout 2 Shri」alkant Singh 3 Shtt」V Pall 4 Shn S B s Reddy 5 Sh面」ay Karan Singh 6 ShH AkashTanela 7 Shn Rakesh Kumar 8 Ms Divya S lyer Fo‖owing cases were disCussed The decision taken on the individual cases are as under:― PH Case:M′ s BDH:ndustries Ltd,Mumbai F No 01760/162/873′ AM14/PRC PRC Meetng No 177AM17 dated 06 09 2016 Sublect― Revalida‖ on of Annual Advance AuthorizaJon No 0310620509 dt 10 03 2011 1n terms of Para 2 59 of FTP, a personal hearng was afforded to M′ s BDH lndustries Ltd, Mumbal Accordlngly, Mr Tushar Powle, Dy Manager ExpOrl was appeared before the committee on 06 09 2016 He made the fo‖ owing submission during the course of personal hearingi l They obtained Annual Advance Autho「 isation on 10 03 2011 2 As per PC No 46(RE2010)2009-2014,Annual Advance Authonsa‖ On is nottransmtted on ne 3 The Autholsaion was registered wth」NPT,Customs manua‖ y HoweVer,the r cargo arnved at AI「Cargo,Customs,they therefore requested JNPT custom forissue of・ Release Advice" Since, the‖ st ofimport nems was not annexed to the Annual Advance Authottsa‖ on,」NPT,customs denied issuance of Release Advice They,therefore approached the RA, Mumbaito amend the Authorisation 4 Even after the ‖st of import and export items was attached by RA, the Authorisation was not transmlted electronica‖ y

ease Advice They,therefore approached the RA, Mumbaito amend the Authorisation 4 Even after the ‖st of import and export items was attached by RA, the Authorisation was not transmlted electronica‖ y 5 There being no clarty on procedure for onhne registration of Annual Advance Authorsation at customs, t took around 21 months to resolve the issue Fina‖ y, 」NPT, customs had to feed deta‖ s of import and export items manua‖y and the Authorisation became operational from December,2012 only 6 They have imported some ofitems under the Authorsation Hence, requested to revandate the Authorisation for six months to enable them to lmport balance items Decislon: The case was discussed at length The committee noted that the applcant had obtained Advance Authorisation for Annual Requ「ement on 10 03 201l Vide Policy C rcular no 46 dated 08 11 2011,l was clarified that・Message exc力ange betweell DGFr and Cυ stoms ls Oρ era″ Ona′ ο″lyわresρ ect OFスdνance ハυf力Orlzar10n rOn and aFter O′ 0420θ り,EXρ ο″PrOmOtlon Caplfa′ GOods ρn and arfer O′ 0420θ 91,Dυty Free′ "ρ ο″ ハυttο rlzar'0″ ο ″ and aFler'3イθ2θ ,つand DEPBW力lCわ lS οη ED′ "Ode For a′ most 6 years9 0●ly′力ese aυ′わο″za″ο,s are f″ ereFore ava″able For`On― ′ lne've″flca″Oη A,″υ a′ ハdVance /tυttO″ zatlon,スηηυa′ EPCC,S月′S,restrlcted/SCOMEア′ "ρ 07f/exρ ο″ aυ :力0″2at1077,Cわaρrer 3 Reward Sc力eme are yerfo be cο vered υnder message exc力ange wlrわ cυ Sfο ′ms ■hereFore, fわese aυ l力0″zallons AddL DGFT AddL DGFT AddLDGFT Addl DGFT 」t DGFT 」t DGFT Dy DGFT Asstt Secretary ケ 4り /

er 3 Reward Sc力eme are yerfo be cο vered υnder message exc力ange wlrわ cυ Sfο ′ms ■hereFore, fわese aυ l力0″zallons AddL DGFT AddL DGFT AddLDGFT Addl DGFT 」t DGFT 」t DGFT Dy DGFT Asstt Secretary ケ 4り /

reed rO be reglsfered/Oρ erared by cυ stom O″ produc″οn Ofρ 力yslca′ coρy Of aυ "0″ za″ο″ Oρ ly wlfわ″0 bη ―llne'1/erlFlcar′ οη"Therefore, the app‖ cant was aware with these facts that AuthOrisation cannot be registered on‖ ne Further,in terms of Para 4 24A of HBP,2009-2014,Annual Advance Authorisauon was issued agalnst specific po「t The app‖cant could have obtained maximum 5 Advance Authorisation for Annual Requirement against one port of registration for the same product group Therefore, rather seeking``Release Advice'they should had obtained separate Authorisation for each port The committee further noted that the apphcant has cla rned to have fulf‖ led 36 650/O export ob‖ gation in quanJty terms and 22% in value terms and has completed 32% irnports in quantity terms The Authorisation was lssued having initial valdity of 24 months and RA has a‖ owed six months reva‖ dation le upto 30 months No Authorty has denied to make imports from the portfor which Authorisaton was obtained i e 」NPT The comm ttee was of the vlews that they were having enough time to complete imports on prorata basls in proportion to exports made The Authorisation was obtained for」NPT port Hence imports should had been completed through」NPT only The committee did not find the case of any genuine hardship Therefore,did not accede to the request

Case No l:M′s :OL Chemicals&Pharmaceuticals Ltd,Tehs‖ Barnala

F No 01′60/162/587/AM17/PRC 蝸 貯 ‖ 嘲 :」子響 1酬 『 i鶏:12辟 6∝ ".J ttUPROFEN∞ ansl Advm∝ Adhorz訓¨ No 3010081449 dt 08 12 2011 Decislon: The app‖ cant stated that whle l‖ ng on‖ne Appica‖ on,they menloned only one resunant prOduct However,ln the hard copy submitted to RA,they ment oned Nvo resultant products but Authorisation was issued having only one resultant product The Committee,therefore, decided to seek a report from the RegiOnal Authonty (Action:RA,Ludhiana)

Case No 2:M′s lntas Pharmaceuticals Ltd,Ahmedabad

F No 01/60′ 1627589/AM17/PRC PRC Meeung No 17/AM17 dated 06 09 2016 SutteCt― Request for EOP extenslon of Advance Authorizauon No 0810134543 dt 09 02 2015 issued under PC-9 Condition Decision: The Commltee noted that the Advance Autho日 za‖on No 0810134543 dt 09 02 2015 was issued wnh conditions st pulated under PC-9 dated 30 06 2003,which a‖ ows 12 months period for EO fulf‖ ment from 胤 i亀1淵a剛調器rttЪ∬朧1認驚11濫‖憾静紆£鴨り肥響蹴 鴇 :l:‖:ば:返‖∬ :♀1:躙,網 i跳編i罷:]:∬ded he b随輌 ng l Export obigaton period be extended from 12 months to 18 months, against the rnport consignmenti e upto 31 08 2016 1‖ 千‖ ::::3よ|″ =器 累:l:酬襴ξ :::哩6Tal『1:諸鮮乱B vJue d expo■s made after inlial obligation period iV The minimum value addllon of 15%as prescnbed under Para 4 09 of FTP(2015‐ 2020)sha‖ be maintained (Action:RA,Ahmedabad)

Case No 3:M′s Gracure Pharmaceuticals Ltd,New DelhL

F No 01/60′ 162704′AM17/PRC

PRC i/eeting No. 17lAM17 dated 06.09.2016 Subjoct:- Request for regularize the export made and issue necessary instructions to the Central Licensing Authority to regularize case in the mentioned export proceeds and issue redemption letter at the eadiest against Advance Authorization No.0510376951 dt. 24.01.2014. Deciaion: The Committee noted that the Advance Authorization No.0510376951 dt. 24.01.2014 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 made on 06.02.2014 and 24.03.2014. Accordingly, initial obligation period was upto 05.02.2015 and 23.03.2015. The applicant stated to have completed 74.19o/o expotl obligation during the initial export obligation period and 25olo 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 of the import consignment i.e. upto 31.08.20'15 and 30.09.2015. ll. This is only for accounting and regularization of exports already effected. lll. This is subject to payment 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 consignment, within its initial obligation period. lf not, composition fee will be charged @ 0.5% per month on unfutfilled FOB. V.

d. lV. RA shall check that minimum 50% exports are made against each consignment, within its initial obligation period. lf not, composition fee will be charged @ 0.5% per month on unfutfilled FOB. V. The minimum value addition of 15% as prescribed under Para 4.09 of FTP (2015-2020) shall be maintained. Vl. PC-18 conditions to be followed on unutilised quantity. (Action: CLA, New Oelhi)

Case No.4: M/s. Torrent Pharmaceuticals Ltd., Ahmedabad.

F.No. 01 /60/ 1 62/587/AM 17l PRC PRC iileeting No. '17lAM17 dated 06.09.2016

Subject:- Request for EOP extension and waiver of PC-l8 conditions of Advance Authorization

No.0810134926 dt. 25.03.2015 issued under pc-g condition. Decision: The Committee noted that the Advance Authorization No. 0810134926 dt.25.03.2015 was issued with conditions stipulated under PC-9 dated 30.06.2003, which allows 12 months period for EO fulfillment from import of each consignment. The imports against the Authorization were made on 21.04.20is. Accordingly, initial obligation period was upto 20.04.2016. The applicant has stated to have completed nit export obligation during the initial export obligatjon period but fulfilled 108% thereafter. Taking into conslderation all these facts, the Committee decided the following: l. Export obligation period be extended from 12 months to 18 months, against the import consignment i.e. upto 31.10.2016. ll. This is only for accounting and regularization of exports already effected. lll. This is subject to payment of a composition fee @ o.s% 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, Ahmedabad)

Case No.s: M/s. GIC lnsu-Flex Conductors pvt. Ltd., Mumbai.

F. No. 01 /60/1 62/224 I AM17 I PRC PRC Meeting No. 17lAM'17 dated 06.09.2016 Subiect:- Request for fulfillment of EO with different exports product in three Shipping Bills in which same import items is used, Advance Authorization No.0310716291 dt.04.12.2012 象 / ⌒

The committee noted that the app‖ cant did not furnish copy of shipping b‖ ls and the reason of exporting different tem without getting the same endorsed in the Authorisation The case was,therefore,deferred for seeking the same (Actlon:App:icant)

Case No 6:M′s Mahashakti Energy Ltd,8athinda,Punjab

F No 01′60′ 162/441′AM17/PRC :闘牌 tR蹴 :`1管牲lF:寵潤 :R9爵蹟 lance Adhorレ面 on Nα 3010091669 d 06 02 2013 tsued from RA,Ludhiana Decislon: The Commntee Observed that the Advance AuthOnza‖ on No 3010091669 dt 06 02 2013 was issued having 12 months va‖dity to import and 18 months to fulf‖ l stipulated export ob‖ gaton ln terms of Para 4 42 of HBP,2015‐ 2020,RAs are empowered to a‖ ow two extensions of Six months each on merit ofthe case However, second extenslon is a‖ owed provided minimum 50% exporl obl gation is discharged wthin 24 months ln this case, RA has a‖ owed one extension of 6 months However, despite that the app‖ cant could complete only 22% expOrt obligation The applicant's plea that they could not export balance because his buyer requested to keep the o「 der on hold, as he has no foreign currency to open L/C However,the committee was ofthe vlew thatthe app‖cant was aware that ob‖ gation period cannot be extended beyond 24 months if minirnum 50%exports are not completed The applicant should had exported the goods to any other buyers if the same buyer was not in position to pay Hence, the Committee decided not to accede to the request The app‖ cant is hereby directed to get the case regulattsed in terms of Para 4 49 of HBP (Action:Applicanυ RA,Ludhiana)

Case No 7:M′s B R Traders,Chennai

F No 01/60/162ノ582/AM17′ PRC PRC Mee‖ng No 17′ AM17 dated 06 09 2016 Subject― Request for polcy relaxat on for not ment oning・Y"in the Scheme rewards column n the Shipplng B‖ | Decision: The Committee observed that the apphcant has not only opted for'N'in the scheme rewards column but has a so faled to declare ns intent which is mandatory as per para 3 14(a)Of HBP Since,the exports were made on 23 02 2016, the applicant was we‖ aware w th the provisions of policy announced 01 04 2015 Hence,the Committee decided to relect the request

Case No 8:M′s Lyka BDR lnternational Ltd,Mumbai

F No 01/60/162′ 590/AM17′ PRC PRC Meeung No 17/AM17 dated 06 09 2016 SutteCt― Request for waiver of destruclon certricate as per PC‐ 18 n Advance AuthO“ za‖ on No 0310781341 dt 12 05 2014 for regularization purpose Declsion: The Committee observed that agalnst the Advance AuthOrization No 0310781341 dt 12 05 2014 the app‖ cant has imported 31 00 Kgs drugs from unre9istered sources for CIF value of Rs 58,29,858′ ‐ They have fulfi‖ ed 97 4%expOrt ob‖ gation Accordlngly,they were e‖ gible forimport of 3020 45 Kgs Thls has resuned shortfa‖ of 79 59 Kgs Party stated thatthis sho雨 a‖ occurred due to less yield achievement and sample drawn for customs purpose and therefore, nothing left with them for destruction However,they have pald duty plus interest against sho雨 a‖ Taking these facts into consideraton, the comm ttee decided the fo‖ owing: I PC-18 dated 30 10 2007 condition stands waived for 79 59kgs to the extentto requirement of destruction certificate n This w‖ ,however,be sublect to payment of composnion fee of Rupee Fifty Thousand(Rs 50000/)on ytO RA (AcJon:RA,Mumbaり の

Case No 9:M′s Hetero Labs Ltd,Hyderabad

F No 01/60′ 162′573/AM17′ PRC PRC Meelng No 177AM17 dated 06 09 2016 Sublecti― Request for EOP extension of Advance 0910044465 dt 26 11 2010 clubbing 07 02 2012 forregularizat on purpose Decision: The Cornmittee noted that the all three above referred Advance Authorizations were issued having initial export obligation period of 36 months and were issued within 36 months from the first Authorisation No 0910044465 dt. 26.1 1 .2010. The Committee, therefore, decided the following: l. Clubbing of the 3 Advance Authorizations, as referred above be allowed. ll. Export obligation period against Authorisation No 0910044465 dt. 26.11.2010 be extended upto 30.1 1.2014. lll. T'his will, however be allowed subject to payment of composition fee @ 0.5% of FOB value of exports made after 36th month but lplo 42"" month and @ 0.5% per month of FOB value of expons after 42'd month but upto 48rh month. The dates shall be reckoned from the date of issue of first licence. lV. Exports made upto 30.11.2014 shall only be taken into account towards clubbing and discharge of EO. V. RA shall examine the case in terms of Para 4.09 ol FfP Q015-2020) and ensure value addition of minimum 15olo. The 15% value addition for evaluating entitlement shall be applied on the clubbed FOB and CIF of the Authorizations. Vl. RA shall ensure proper accounting of the duty free inputs with reference to the export product while clubbing the Authorizations.

all be applied on the clubbed FOB and CIF of the Authorizations. Vl. RA shall ensure proper accounting of the duty free inputs with reference to the export product while clubbing the Authorizations. On clubbing, shortfall, if any, shall be regularized on payment of Customs Duty and applicable lnterest in terms of Para 4.49 of HBP,2015-2020. (Action: RA, Hyderabad)

Case No.10: M/s. Haldia Petrochemicals Ltd., Kolkata.

F. No. 01/60/162/36s/AM 16/ PRC PRC Meeting No. 17lAM17 daled 06.09.2016

Subject:- Request for clubbing of two Advance Authorizations No.0210146325 dt. 12.08.2010 and

0210186478 dt. 14.02.20'13 for regularization purpose. Decision: The committee noted that the request for clubbing of the two Authorisation was rejected by the committee in its meeting dated 28.10.2015. However, accounting of shipments made in the second Authorisation were allowed to be accounted in the first Authorisation subject to the condition that resultant product exported should be the same as an export obligation imposed in the Authorisation dated 12.08.2010. However, the committee noted that the provision of clubbing under para 4.38 of HBP allows clubbing of Authorisations where inputs are same. Resultant product could be different but SION should be fixed for such resultant product. The committee further noted that "Naphtha" is common in both the Authorisations. And, exports in the second Authorisation have been completed within initial export obligation period of first Authorisation. The committee, therefore, decided the following: Authorzaton No 0910044466 dt 26 11 2010 and wth Advance Authorization No 0910051142 dt i. Clubbing of two Authorizations be allowed. ii. This will, however be allowed subject to payment of composition fee @ 0.5% of FOB value of exports made after 36rh month but upto 42nd month and @ 0.5% per month of FOB value of exports afler 42"d month but upto 48th month.

lowed subject to payment of composition fee @ 0.5% of FOB value of exports made after 36rh month but upto 42nd month and @ 0.5% per month of FOB value of exports afler 42"d month but upto 48th month. The dates shall be reckoned from the date ¨ ＝ 　 Ｖ of issue of first licence. Exports made upto 31 .08.2013 shall only be taken into account. RA shall examine the case in terms of Para 4.09 of FTP (2015-2020) and ensure value addition of minimum 15%. The 15% value addition for evaluating entitlement shall be app‖ ed on the clubbed FOB and CIF ofthe Authorzatons 錫

v RA sha‖ ensure proper accounting of the duty free inputs with reference to the expOrt product wh‖ e clubbing the Autho「izatons On clubbing, shortfa‖ , if any. sha‖ be regularized on payment of Customs Duty and app‖ cable lnterestin terms of Para 4 49 of HBP,2015-2020 (Action:RA,Kolkata)

Case No ll:M′ s Fresenius Kab1 0nco:ogy Ltd,New DelhL

F No 01′6071627601′ AM17/PRC 鶏肝吼凝」 FW嬌』 :ξ d計留帽 6∞ “‖mdA“m∝Am晰之鵬m NoOЫ O∞6093乱 04 06 2013issued under PC-9 condition Decislon: The Com耐∝o廃¨d M he叩¨ cant md lⅧ誂fttsm「謝号 :ぇ鵠Ⅷ 『:記鴛 1 sources They stated to have fulf‖ led 99 997%expOrl is neg‖ gible Hence,the Committee decided the fo‖ owing: I PC-18 cond tions stands waived on 0 764gram to the extent of requirement of destruction certificate ‖ This w‖ , however, be sublect to payment of composnion fee Of Rupees two thousand (Rs 2,0007‐ )only tO RA ‖i The applcant sha‖ furnish proof of duty and interest pald to the customs Authorty against shOHra‖ (Actlon:RA,CLA)

Case No 12:M′ s Sapphire Lifesciences Pvt Ltd,Mumbai

F No 01/60′ 162/615/AM17′ PRC PRC Meeung No 17′AM17 dated 06 09 2016 SutteCti― Request for waiver of PC‐ 18 condたlon in respect of Advance Authorzauon No 0310266323 dt 30 04 2004 issued under PC-9 cond tion Decis:on: The Committed observed thatthe app‖ cant has obtained the Authorisation for mport of 300kgs Tetracyc‖ ne HCL for CIF value of Rs ll,36.137/‐ Out ofthatthey have imported 2000kgs(6666%)from unreg stered sources The app‖ cant stated to have completed 58 68%export ob‖ gat on in proportion to lmports made However,there ls shortfa‖ of 239 48kgs(798%)due tO error made by theirlogist cs staff By the‖ me they rea‖ sed the mistake, export ob‖ gat on period was already over However, they have pald customs duty along with interest to the Customs Authority on the excess rnporl of 239 48kgs for CIF value of Rs l,36,041/‐ The Committed after de‖ berations decided the fo‖ owing: I PC-18 oonditions stands waived on 239 48kgs to the exlent of requ rement of destruction certiflcate ‖ Ths w‖ |,however,be sublectto payment of composIlon fee ofrupees One Lakh(Rs l,00,000/ )。nly tO RA ‖ The appncant sha‖ furnish proof of duty and app‖ cable interest pald to the Customs Authorty on 239 48kgs (Actlon:RA,Mumbai)

Case No 13:M′ s Galaxy Surfactants Ltd,Mumbai

F No 01/60/162′ 236/AM17′ PRC PRC Meelng No 17′AM17 dated 06 09 2016 Sublect― Request for c ubbing of 9 Annual Advance Authonza麟ons wnh Advance Authonzaoons for regular zation purpose 0310697271 dt 04 06 2012 0310705344 dt 16 08 2012 0310710623 dt 26 09 2012 １ ２ ３

4 0310716551 dt 06 12 2012 5 0310723802 dt 12 02 2013 6 0310754484 dt 21 10 2013 7 0310737259 dt l1 06 2013 8 0310716889 dt ll 12 2013 9 0310747438 dt 28 08 2013 Declsion: The Committee after due de‖ berat ons declded to remand back the case to the Reglonal Authority,as RAs may examlne and decide the matter as per policy

Case No 14:M′ s Kesoram industries Ltd,Ko!kata

F No 01/60′ 162/033′AM17′ PRC PRC Meeung No 17′AM17 dated 06 09 2016 Subject‐ Request for waiver of eanier PRC decision cond性ion No 3 wh ch supulate them to submn a cerlficate from Central Excise Authorties ln respect to the ava‖ ab‖ ity of balance duty free raw materials lmported against Advance Authorization No 0210179595 dt 10 07 2012 Declsion: The committee noted that the issue has already been addressed ln PRC meeting No 03 dated 26 04 2016 The export ob igation period was extended from 24 to 36 months provided a certificate from the Excise AuthoHty sha‖ be submlted cettifying that raw matetta s imported duty free are ava‖ abe wたh them The app‖ cant's plea that they a「e not registered w th excise Authorty being stuated in Laksar, Haridwar,Ultrakhand,which is excise exempted area The commntee was Ofthe views thatthough under Area based Excise Exemption Notfication, resultant product is not excisable but for ava‖ ng CENVAT credit, the manufacturer needs to be register w th the Excise Authority Hence the Plea was not acceptable However,the committee agreed to allow regularization of Author sation withoutinsisting upon Excise Certificate provided, 100%export ob‖ gation has already been fu f‖ led,in quantty terms,within 36 months from the date ofissue ofthe Authorisation

Case No 15:M′ s Faboord:nternational,Surat

F No 01′60′ 162′597/AM17′ PRC PRC Meeung No 17ノAM17 dated 06 09 2016 SutteCt‐ Request for reva‖ da‖ on of DFIA No 5210041510 dt 30 04 2015 Decls!on: The commlttee noted that the DFlA was issued having lnitial va‖ dity of 12 months to import ln terms of Para 4 42 of HBP,RAs are empowered to a‖ ow six months reva‖ dation on merit ofthe case Thatfac‖ ty dld not ava‖ by the app‖ cant Endorsement of transferab‖ ity is a facl‖ ty provided for sale′ transfer of Authorisation or goods mported thereunde「 The Autho「isation holder can import goods without having transferab‖ ty endo「sement on it Therefore, the plea taken by the appicant for non― ut‖ isation of Authorisation that customs did not a‖ow mport because transferab‖ ity endorsement a‖ owed by RA was showing as・No・ln their server was not acceptable to the committee The committee,therefore,did not accede to the request

Case No 16:M′ s Soft Touch Fabrics P Ltd,Surat

F No 01′60/162′598/AM17/PRC PRC Meeung No 17/AM17 dated 06 09 2016 Sublect‐ Request fo「reva da籠on of DFIA No 5210040487 dt 40 12 2013 Decislon: The committee noted that the DFIA was issued having initial va‖ dity of 12 months to import ln terms of Para 4 42 of HBP,RAs are empowered to a‖ ow six months reva‖ daton on merl ofthe case Thatfac‖ ity has been ava‖ ed by the app‖ cant Therefore, the Autho「isation was remain va‖ d for 18 to import Endorsement of transferab‖ ly is a fac‖ ly provided fo「sale/transfer of Autho「isation or goods mported thereunder The Authorisation holder can mport goods w thout having transferab‖ ity endo「sement on it Therefore, the plea taken by the app‖ cant fo「 non‐ ut‖ isation of Authorisation that customs did not a‖ ow

mport because transferab‖ ity endorsement a‖ owed by RA was showing as``No''in their server 、 ″as not acceptable to the comm ttee The comm ttee,therefore,did not accede to the request

Case No 17:M′ s C:ariant Chemicals llndia)Ltd,Mumbai

F No 01/60/1627594/AM17/PRC PRC Meeung No 17/AM17 dated 06 09 2016 Sublect― Request for reval da,on of Advance Authottzaton No 0310786207 dt 01 o7 2014 Declsion: The commntee nOted that the Advance Author sation was issued having initial va‖ dity of 12 months to import in terms of Para 4 42 of HBP,RAs are empowered to a‖ ow s x months reva‖ dation on me百t ofthe case That fac‖ 蔵y has already been ava‖ ed by the applcant Therefore, the Autho「sation was remain va‖ d for 18 to imporl Appicants plea that they could not ut‖ zed the Author sation because they could not get the Autho「isation registered with the Customs Authority within lts va‖ d ty was not acceptable to 彙器用電‖ ::fl♯λ冦 1」::‰兌 u」 l::譜鷺 :縄職1穆:甑爛it聞:』1:燒よ :‖鼎::尾: 卍 :邸:た,市ha電:蹴:1:lhT胤思「been ttgは∝ ed mh he cudOms Amhorty The commmeQ

Case No 18:M′ s Clariant chemicals lndia)Ltd,Mumbal

F No 01′60/162/593/AM17/PRC PRC Meeung No 17/AM17 dated 06 09 2016 Sublecti‐ Request for reva‖ dalOn of Advance Autho百za」on No 0310791230 dt 19 11 2014 Declslon: The commlttee noted that the Advance Authorisation was issued having initial vald ty of 12 months to import ln terms of Para 4 42 of HBP,RAs are empowered to a‖ ow six months reva‖ dalon on me百t ofthe :稲ぷ7:讐‰脂:蒲出さ :亀flirih畔鵠|:哨:TIL普:鷺鴫tl:i塗‖評:::1::よll」麗認 彙 :♀肥電性 ::fl♯iき埋‰晩 '輝漁鷺駆留ぎ ledわ be ttg slered mh cugOms Amhorly bebЮ effected For lndicating Authorisat on number on 瀧 :邸:た,1憲Ъよ電 :錮:ま:lhT胤思「been Ю gd∝ed nh he cugoms Amhorlr The commmeq

Case No 19:M′ s Clanant Chemicals ondia)Ltd,Mumbai

F No 01′60/162/592/AM17/PRC PRC Meeung No 17/AM17 dated o6 09 2016 Sublecti‐ Request for reva‖ daJon of Advance Autho日za‖ on No 0310786542 dt 08 07 2014 Decislon: The comm ttee noted that the Advance Authorisation was issued having initial va‖ dty of 12 months to import ln terms of Para 4 42 of HBP,RAs are empowered to a‖ Ow six months reva‖ dauon on me“ t Ofthe ;:静fr7:讐l粍鮨:硝湯出さ:Lflirlh野協|:哨:TIL[:i惜児tl:i塗‖評::::::当]l」麗調 翼:♀肥::flriを埋‰晩 ,岬潔l翼硼I蹴l鶴鰐,湿轟1:踏‖ ‖ :1:甘l鼎:調: 縄 l邸:た,1ぼ枯食電 :肥::tlhT呂鳳i been ttgSlered nh he Cugoms Amhorly The commmeQ

Case No 20:M′s Dhanuka Laboratories Ltd,Curgaon

F No 01/60/162/308/AM16/PRC PRC Meeang No 17/AM17 dated 06 09 2016 SutteCt― Request for accouning of S/B‖ I No 3613772 dt 21 02 2009 against Advance Autho百zalon No 0510230716 dt 12 11 2009 instead of Advance Authorizaton No 0510228845 dt 06102008(redeemed) Declslon
影後/ シ

The Committee observed that as per the report of the Regional Authority, the Shipping Bill No.3613772 daled 21.02.2009 bearing Advance Authorisation No.0510228845 dated 06.10.2008, has not been utilized/ accounted for redemption purpose against the said Advance Authorisation. The applicant has submitted the original shipping bill No. No.3613772 dated 21.02.2009 with the Advance Authorization No.0510230716 dt. 12.11.2009, for redemption purpose. Hence, the Committed decided the following: i. Shipping Bill No.3613772 dated 21.02.2009 be allowed to be accounted against Advance Authorization No.0510230716 dt.'12.1 1.2009, for redemption purpose. ii. This will, however, be subject to payment of composition fee of Rs.200/- only to RA. iii. RA shall ensure that the saad shipping bill has not been taken into account for discharge of export obligation against any other Advance Authorisation. (Action: RA CLA)

Case No.21: M/s. Emami Limited, Kolkata.

F.No. 01/60/'162l603/AM'1 7/ PRC PRC Meeting No. 17lAM17 dated 06.09.2016

Subject:- Request for condonation of delay in claim of benefit of refund of TED of Rs.74,160/- against

invoice No.32 dt.09.07.2009 filed vide RLA File No.02/40/83/73/AM'15. Decision: The commitlee noted that in terms of para 8.3.'l (iv) of HBP, 2009-2014, time period for submission of aPPlication for TED claim was 12 months from lhe date of payment received. And, in terms of Para 9.3 of HBP, 2009-2014, application can be filled for such claim within 36 months from the prescribed time period with 10olo late cut. However, the applicant has not submitted the application within the prescribed time period from the date of payment received. The applicant could not give any cogent reason of not filling application within three years with prescribed late cut. There is no case of genuine hardship. The committee, therefore, did not accede to the request.

Case No.22: M/s. Emami Limited, Kolkata.

F. No. 01/60/162/604/AM 17l PRC

Subject:- Request for condonation of delay in claim of benefit of refund of TED of Rs.1,25,6601 against

invoice No.76 dt. 18.'12.2009 filed vide RLA Fite No.02/40/83/74lAM 15. Decision: The committee noted that in terms of para 8.3.1 (iv) of HBP, 2009-2014, time period for submission of application for TED claim was '12 months from the date of payment received. And, in terms of para 9.3 of HBP, 2009-2014, application can be filled for such claim within 36 months from the prescribed time period with 10% late cut. However, the applicant has not submitted the application within the prescribed time period from the date of payment received. The applicant could not give any cogent reason of not filling application within three years with prescribed late cut. There is no case of genuine hardship. The committee, therefore, did not accede to the request.

Case No.23: M/s. Emami Limited, Kolkata.

F.No. 0'l/60/162/606/AM1 7/ PRC PRC Meeting No. '17lAM17 dated 06.09.2016

Subject:- Request for condonation of delay in claim of benefit of refund of TED of Rs.45,320/- against

invoice No.69 dt. 10.11.2009 filed vide RLA File No.02l40/83/75/AM'15. Decision: The committee noted that in terms of para 8.3.1 (iv) of HBP, 2009-2014, time period for submission of application for TED claim was 12 months from the date of payment received. And, in terms of Para 9.3 of HBP, 2009-2014, application can be filled for such claim within 36 months from the prescribed time period with 10% late cut. However, the applicant has not submitted the application within the prescribed time period from the date of payment received. The applicant could not give any cogent reason of not filling application within three years with prescribed late cut. There is no case of genuine hardship. The committee, therefore, did not accede to the request.

Case No 24:M′ s Emami Limited,Ko!kata

F No 01/60/162/605′ AM17/PRC PRC Meelng No 17/AM17 dated 06 09 2016 SutteCt‐ Request for condonaton of delay n c aim of benent of refund of TED of Rs 6,68,367/‐ aga nst invoice No 26 dt 26 06 2008 filed vide RLA F‖ e No 02/40′ 83/76′AM15 Declsion: The commntee nOted thatin terms of para 8 3 1(iv)。 f HBP,2009‐2014,time period for submission of app‖ caton for TED cla m was 12 months from the date of payment received And,in terms of Para 9 3 of HBP,2009-2014,appHcaton can be f‖ led for such cla m within 36 months from the prescr bed time per od with 10°/● late cut However, the applicant has not submitted the app ication within the prescribed trne perod from the date of payment received The app‖ cant could not give any cogent reason oF not f‖ ing app‖cation w thin three years with prescrbed late cut There is no case of genuine hardshlp The committee,therefore,did not accede to the request

Case No 25:M′s Renfro:ndia P Ltd,Pune

F No 01ノ60′ 162′596/AM17/PRC PRC Mee‖ng No 17/AM17 dated 06 09 2016 Sublecti‐ Request for clubb ng of six Advance AuthonzattOn Nos(o 3110053482 dt 26 03 20121 1ゥ 3110055819 dt 17 09 20121(市)3110056442 dt 10 12 20121(iv)3110057964 dt 17 04 20131 (v)3110058456 dt 23 05 2013 and(vi)310059372 dt 16 07 2013 Declsion: The Commlttee observed that the Advance Authorisation No 3110053482 dated 26 03 2012 was lssued having initial export ob‖ gat on period of 36 months and remaining flve Advance Authorisations,which are proposed to be clubbed w th the Advance Authorisation No 3110053482 dated 26 03 2012, 、 ″ere issued havlng intial export obligation period of 1 8 months There are surplus exports ln three Authorisat ons i e (り tO 11)and shotta‖ in remaining three Authonsat Ons i e(v)tO(V)Hence,the Commtted decided the fo‖owingi l Clubblng of above mentoned 6 Advance Authorzatons be a‖ owed ‖ Exports made wnhin 36 months of the first Advance AuthonsatiOn No 3110053482 dt 26 03 2012 1e upto 31 03 2015 sha‖ only be taken in to account in the clubbed Authorisat on l‖ Surplus exports made in Authorsat ons sha‖ be taken ln to account for clubblng provided a composition fee is charged for E() extension of autho「isations lssued after 5 6 2012 as fo‖ows a 18-24 months EO‐ 05%flat of unfulf‖ led EO b 24-30-05%per month of unfulf‖ ed EO c 30-36-1%per month of unfulf‖ ed EO IV No EO sha‖ be extended beyond 36 months from the date ofissue offirst‖ cence

4 months EO‐ 05%flat of unfulf‖ led EO b 24-30-05%per month of unfulf‖ ed EO c 30-36-1%per month of unfulf‖ ed EO IV No EO sha‖ be extended beyond 36 months from the date ofissue offirst‖ cence V RA sha‖ examine the case n terms of Para 4 09 of FTP (2015-2020)and ensure value addition of min mum 15% The 15%value addition for evaluat ng entitiement sha‖ be appied on the clubbed FOB and CIF ofthe Authorizat ons VI RA sha‖ ensure proper accounting ofthe duty free inputs with reference to the export product wh‖e clubbing the Authorizations On clubbing, sho‖ ra‖ , f any,sha‖ be regularized in terms of Para 4 49 of HBP,2015‐ 2020 Action:RA,Pune)

Case No 26:M′s RnR:nternational,Curgaon

F No 01/60/162/945/AM16/PRC PRC Mee‖ ng No 17/AM17 dated 06 09 2016 Subject‐ Request for acceptance of u‖ ‖zed export product(Ladies Blouse Dress, Shirt, Trouser and Scan′es made of S‖k Fabric)and lmported item description written as Textile Ceneral in consumpton part of S/B‖ |ln the place of actual fabric against Annual Advance Authorization No 0510369983 dt 31 10 2013 Dectsion:

The Committee noted that SION J-270 to J-296 does not applicable on export of silk items. ln terms of

Para 4.1.10(b) of FTP, 2009-2014, exporter having past two years expo( performance (in atleast

preceding two years) shall be entitled for Advance Authorisation for annual requiremenl. Therefore, the applicant is required to have and must have been aware of these provisions. Further, in case import of fabrics, exporter is required to mention GSM of fabrics in the Bill of Entry while importing and in the shipping bills while exporting. Without that it is not possible to establish co-relation between items imported and exported. The applicant has violated both the conditions. Therefore, the Committee decided not to accede to the request. The applicant is hereby directed to get the case regularized in terms of Para 4.49 of HBP, 2015-2020. (Action: RA, cLA)

Case No.27: M/s. RnR lnternational, Gurgaon.

F. No. 01/60/162/946/AMl 6/ PRC

Subject:- Request for acceptance of utilized export product (Ladies Blouse Dress, Shirt, Trouser and

Scarves made of Silk Fabric) and imported item description written as Textile General in consumption part of S/Bill in the place of actual fabric against Annual Advance Authorization No.051 0272295 dt. 07.09.201 0. Decision: The Committee noted that SION J-270 to J-296 does not applicable on export of silk items. ln lerms of Para 4.'1.'10(b) of FTP, 2009-2014, exporter having past two years export performance (in alleast preceding two years) shall be entitled for Advance Aulhorisation for annual requirement. Therefore, the applicant is required to have and must have been aware of these provisions. Further, in case import of fabrics, exporter is required to mention GSM of fabrics in the Bill of Entry while importing and in the shipping bills while exporting. Without that it is not possible to establish co-relation between items imported and exported. The applicant has violated both the conditions. Therefore, the Committee decided not to accede to the request. The applicant is hereby directed to get the case regularized in terms of Para 4.49 of HBP, 2015-2020. (Action: RA, CLA)

Case No.28: M/s. RnR lnternational, Gurgaon.

F. No. 01/60/162/943/AM 16/ PRC PRC Meeting No. 17l4M17 dated 06.09.2016 Subrect:- Request for acceptance of utilized export product (Ladies Blouse Dress, Shirt, Trouser and Scarves made of Silk Fabric) and imported item description written as Textile General in consumption part of S/Bill in the place of actual fabric against Annual Advance Authorization No.051 030791 3 dt. 1 5.1 1.201 1. Decision: The Committee noted that SION J-270 to J-296 does not applicable on export of silk items. ln terms of

Para 4.1.10(b) of FTP, 2009-20'14, exporter having past two years export performance (in atleast

preceding lwo years) shall be entitled for Advance Authorisation for annual requirement. Therefore, the applicant is required to have and must have been aware of these provisions. Further, in case import of fabrics, exporter is required to mention GSM of fabrics in the Bill of Entry while importing and in the shipping bills while exporting. Without that it is not possible to establish co-relation between items imported and exported. The applicant has violated both the conditions. Therefore, the Committee decided not to accede to the request. The applicant is hereby directed to get the case regularized in terms of Para 4 49 of HBP,2015-2020 (Ac‖ on:RA,CLA)

Case No 29:M′ s HPL Additives Ltd,De!hi

F No 01760/162/583′ AM17/PRC PRC Meeung No 17/AM17 dated 06 09 2016 ″

Subiect:- Request for 2nd revalidation of Advance Authorization No.0510380275 dl. 26-02.?014. Decision: The committee noted that the said Advance Authorisation was issued having initial validity of 12 months to import. RA has already allowed six months further validity against the said Advance Authorisation. Despite that the applicant could not complete its import. Slowdown in market was their commercial decision and cannot be considered a case of genuine hardship. Slowdown in market would have effected exports and not import. Due to slowdown imports would have become economical. They have completed 100% exports. Hence, the committee did not accede to the request.

Case No.30: M/s. Shashi Cables Ltd., Kanpur.

F.No. 01/60/162/806/AMl 6/ PRC Subiect:- Request for revalidation of DFIA No.0610029174 d|.28.09.2012. Decision: The committee noted that the DFIA was issued having initial validity of 12 months to import. ln terms of Para 4.42 of HBP, RAs are empowered to allow six months revalidation on merit of the case. That facility has been availed by the applicant. Therefore, the Authorisation was remain valid for 24 months to import. Out of three inputs permitted, the applicant has imported one item to the extent of 39%. The applicant had enough time to complete balance imports. No cogent reason of not making imports within 24 months is given, which could establish the case of genuine hardship. The committee, therefore, did not accede to the request.

Case No.31 : M/s. Kherani Paper Mills P. Ltd., Mumbai.

F.No. 01/60/1 62/358/AM1 7/ PRC

Subject:- Request for revalidation of DFIA No.03'10782655 dl.23.05.2014.

Decision: The committee noted that the DFIA was issued having initial validity of 12 months to import. ln terms of Pa.a 4.42 of HBP, RAs are empowered to allow six months revalidation on merit of the case. That facility has been availed by the applicant. Therefore, the Authorisation was remain valid lot 24 months to import i.e. upto 22.'11.2015. Whereas, as per RA's report dated 10.0.2016, request for EODC, transferability and enhancement of value and quantity on prorale basis was made on 03.02.2016 that was after expiry of validity of the Authorisation. The commitlee, therefore, did not accede to the request.

Case No.32: M/s. Alstom lndia Ltd., Mumbai.

F.No. 01/60/162/926/AM'16/ PRC PRC iileeting No. 17lA[/17 dated 06.09.2016

Subject:- Request for 2nd revalidation of DFIA No.0310786768 dt. 14.07.2014.

Decision: The committee deferred the case for seeking report from RA. The RA shall furnish report within 10 days confirming status that the Authorisation was issued against a contracu Project Authority certificate (Project not funded by JICA) which is valid till so and so date. (Action: RA, Mumbai)

Case No.33: M/s. Speciality Chemicals, Mumbai. (M/s. Rajsons Exports, Rajkot have transferred

the DFIA in the name of M/s. Speciality Chemicals, Mumbai). F.No. 0'l /60/162/00'l /AM 17l PRC PRC Meeting No. 17lAiil17 dated 06.09.2016

Subject:- Request for 2no revalidation of DFIA No.2410036340 dt. 09.05.2012 issued from RA, Rajkot.

Decision: Deferred examination by PRC on f‖ e and thereafter should be placed before committee

Case No 34:M′ s Shiva Pharmachem Ltd,Baroda

F No 01/60/162ノ828(A)/AM16′ PRC 多 イ /

PRC lileeting No. 17lAlil17 dated 06.09.2016 Subiect:- Request for condoning the procedural lapse supplies effected to SEZ units against 27.09.2O11 and 3410035378 dt. 31.10.2012. in obtaining the Bill of Exports pertaining to Advance Authorizations No.34'10031726 dt. Decision: The committee noted that application for redemption of Advance Authorisation is submitted in ANF-4F. ln the ANF4F under Para (a) (ii) of guidelines for application (HBP, 2009-2014 Voll), it was categorically mentioned that exporter shall submit'Bill of Export'along with other prescribed documents. And, in terms of Paru 4.12 of FTP, 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 under Rule 30 of SEz, Rule, 2006. lt was opined that PRC has no power to relax the documents prescribed under any other AcURules than FTP. Therefore, the committee was of the view that requirement of Bill of Export 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. (Action: Applicanu RA, Vadodara shall initiate action as per the provisions of FT(DR)ACI, against the applicant if they fail to get the case regularized within a month from the date of uploading of these minutes on the Directorate website.)

Case No.35: M/s. Lloyds Steels lndustries Engineering Division of Uttam Value Steels Ltd.,

Mumbai. F.No. 01/60/162/523/AM 16/ PRC PRC Meeting No. 17lA[/17 dated 06.09.2016

Subject:- Request for waiver of bill of exports requirement for redemption of Advance Authorization

No.031 0695387 dt.'l 8.05.201 2. Decision: The committee noted that applacation 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 exporter shall submit'Bill of Export'along with other prescribed documents. And, in terms of PaG 4.12 of FTP, exporter shall indicate consumption of inputs in the export documents. Further, for gettang incentive on supply of goods to SEZ, "Bill of Export" is prescribed document under Rule 30 of SEZ, Rule, 2006. lt was opined that PRC has no power to relax the documents prescribed under any other ACVRules than FTP. Therefore, the committee was of the view that requirement of Bill of Export cannot be dispensed with. The applicant is hereby directed to get the case regularized as per the provisions in Para 4.29 of HBP, 2009-2014. (Action: Applicanu RA, Mumbai shall initiate action as per the provisions of FT(DR)AGI, against the applicant if they fail to get the case regularized within a month from the date of uploading of these minutes on the Directorate website.)

Case No.36: M/s. Gujarat Copper Alloys Ltd., Mumbai.

F.No. 01/60/'162l886/AMl 6i PRC PRC Meeting No. 17l4M17 dated 06.09.2016

Subject:- Request for accepting copies of ARE-1 (duly endorsed/attested by the Authorised Customs

Officers of respective SEZ Units of SEZ-Bangalore & SEA-Visakhapatnam) & their Excise lnvoice issued by mentioning the said Advance Authorization No.0310748360 dt. 04.09.2013 as proof of exports in lieu of submission of Bill of Exports for exports made by them to 2 SEZ units towards fulfillment of Export Obligation. Oecision: 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 Voll), it was categorically mentioned that exporter shall submit'Bill of Export'along with other prescribed documents. And, in terms of Pa.a 4.12 of FTP, 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 under Rule 30 of SEZ, Rule, 2006. lt was opined that PRC has no power to relax the documents prescribed under any other AcURules than FTP. Therefore, the committee was of the view that requirement of Bill of Export cannot be dispensed

with. The applicant as hereby directed to get the case regularised as per the provisions in Para 4.29 of HBP, 2009-2014. (Action: Applicanu RA, Mumbai shall initiate action as per the provisions of FT(DR)ACt, against the applicant if they fail to get the case regularized within a month from the date of uploading of these minutes on the Directorate website.)

Case No.37: M/s. Kone Elevator lndia P. Ltd., Chennai.

F. No. 01/60/'162l048/AMl 7/ PRC PRC Meeting No. '17lAM17 dated 06.09.2016 Subiect:- Request for condoning the procedural lapse of not producing Bill of Exports against supplies made to SEZ units against Advance Authorization No.04101 '18791 dt. 1 1 . 1 .l .201 0. 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, 2OO9-2014 Vol-l), it was categoricatty mentioned that exporter shall submit'Bill of Export'along with other prescribed documents. And, in terms of Para 4.12 of FTP, 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 under Rule 30 of sEz, Rule, 2006. lt was opined that PRC has no power to relax the documents prescribed under any other A9VRules than FTP. Therefore, the committee was of the view that requirement of Bill of Export 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. (Action: Applicanu RA, chennai shall initiate action as per the provisions of FT(DR)AGI, against the applicant if they fail to get the case regularized within a month from the date of uploading of these minutes on the Directorate website.)

Case No.38: M/s. Mahendra lndustries, Bangalore.

F.No. 01/60/162l296/AM 17l PRC

Subject:- Request for acceptance of ARE-1 instead of Bill of Exports for issuance of EODC in Advance

Authorization No.0710090530 dt. 31.08.2012. Decision: The committee noted that application for redemption of Advance Authorisation js submitted in ANF-4F. ln the ANF-4F under Para (a) (ii) of guidelines for application (HBP, 2OO9-2014 Vot-t), it was categoricaly mentioned that exporter shall submit'Bill of Export'along with other prescribed documents. And, in ierms of Pa.a 4.12 of FTP, 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 under Rule 30 of sEz, Rule, 2006. lt was opined that PRC has no power to relax the documents prescribed under any other ACURules than FTP. Therefore, the committee was of the view that requirement of Bill of Export 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. (Action: Appli^enu RA, Bangalore shall initiate action as per the provisions of FT(oR)Act, against the applicant if they fail to get the case regularized within a month from the date of uploading of these minutes on the Directorate website.)

Case No.39: M/s. Mahendra lndustries, Bangalore.

F.No. 01/60/162/287lAM 17l PRC

Subject:- Request for acceptance of ARE-'1 instead of Bill of Exports for issuance of EODC in Advance

Authorization No.07100771 13 dt. 03.02.201i. 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-t), it was categoricaly mentioned that exporter shall submit'Bill of Export'along with other prescribed documents. And, in ierms of り

Para4.12 of FTP, exporter shall indicate consumptaon of inputs in the export documents. Further, for gettang incentive on supply of goods to sEz, "Bill of Export" is prescribed document under Rule 30 of 'sEz, Rule, 2006. lt was opined that PRC has no power to relax the documents prescribed under any other AcuRules than FTP Therefore, the committee was of the view that requirement of Bill of Export cannot be dispensed yltlt lle applicant is hereby directed to get the case regularised as per the provislons in para 4.29 of HBp, 2009-2014. (Action:..Applicanu RA, Bangarore shafl initiate action as per the provisions of FT(DR)AGI, against the applicant if they fail to get the case regularized within a monih from the date of uploaotng of these minutes on the Directorate website.)

Case No.40: M/s. Mahendra lndustries, Bangalore.

F. No. 01/60/1 62/295/AM1 7/ pRC

Subject:- Request for acceptance of ARE-'l instead of Bill of Exports for issuance of EODC in Advance

Authorization No.0710076832 dt. 20.01.201.1. Decision: The commlttee notp.d that application for redemption of Advance Authorisation is submitted in ANF-4F. ln the ANF-4F under Para (a) (ii) of ,9u.1d;ri1e_s foi apprication (HBp, 2oo9-2014 vor-ri rt was categoricarrv mentioned that exporter shall submil'Bill of Export'aiong with other prescribed documents. And, inierms of Pata4'12 of FTP' exporter shall indrcate consumption oiinputs in the export documents iurttrei, ior getting in-centive on supply of goods to sEz, "Bill of Export,, is prescribed document under Rule so oi'sEz, nrre, 2006 1t was opined that PRC has no power to relax lhe documents prescribed under any otheiAcvRules than FTP' Therefore. the committee was of the view that requirement of Bill of Export cannot be dispensed Yltl: I19 applicant is hereby directed to get the case regutarised as per the provisions in para 4.29 of HBp, 2009-2014. (Action:..Appli..'anu RA, Bangarore sha[ initiate action as per the provisions of FT(DR)A.I, against the applicant if they fair to get the case regurarized wrthin a monih from the date'of upioaoing of these minutes on the Oirectorate website.)

Case No.41: M/s. Eastern Copper Mfg. Co. pvt. Ltd., Kolkata.

F.No. 01/60/162/035/AM 16/ pRC PRC Meeting No. .17lAM17 dated 06.09.2016

subject:- Request for condonation of non-firing of Bifi of Export for the suppries made against DFrA

No.02'l 0160808 dt. 21.06.201 I. Decision: The comm(tee noted that application for redemption of Advance Authorisation is submitted in ANF4F. ln the ANF-4F under para (a) (ii) of .-r,i*ril"_" foi apprication (HBp, 2oo9-2014 vor-i1 it *"" ""i"gori""ry mentioned that exporter shall submit'Bill of Export'aiong with other prescribed documents. Ano, in ierms ot PaQ 4 12 of FTP, exporter shall indrcate con-sumption of inputs in ihe export documents. Further, for getting in^centive on supply of goods to sEZ, "Bi[ of Export,, is prescitbeJ document under Rute io oi'siz nre, 2006 lt was opined that PRC has no power to relax the documents prescribed unde1. any otne1 nct/Rrtes than FTP. Therefore, the committee was of the view that requirement of eil oi ixport cin'no-t'oi' jiip"n""o I/ltl': Ile applicant is hereby directed to get the case regularised as per the provisions in para 4.29 of HBp, 2009-2014. (Action: Applicanu RA, Korkata shafl initiate action as per the provisions of FT(DR)A.I, against the aPPlicant if they fail to get the case regularized within ; monttr from the date oi upio"ji|ili 1,""" minutes on the Directorate website.)

Case No.42: M/s. Thyssenkrupp Electrical Steel lndia p. Ltd., Mumbai.

F. No. 01/60/162/461/AM1 S/ pRC Sublect― Request for relaxation from furn shing specined document(B‖ 1 0f ExpOrt)fOr the purpose of closureofAdvanceAuthorzatonNo0310690941 dt 16042012 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 exporter shall submit'Bill of Export'along with other prescribed documents. And, in terms of Paru 4.12 of FTP, 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 under Rule 30 of SEZ, Rule, 2006. lt was opined that PRC has no power to relax the documents prescribed under any other Act/Rules than FTP. Therefore, the commitlee was of the view that requirement of Bill of Export 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. (Action: Applicanu RA, Mumbai shall initiate action as per the provisions of FT(DR)AGI, against the applicant if they fail to get the case regularized within a month from the date of uploading of these minutes on the Directorate website.)

Case No.43: M/s. Licra Green Technologies, Bangalore.

F.No. 01/60/162/176/AM 17l PRC PRC Meeting No. 17lAM17 dated 06.09.20'16

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

Advance Authorization No.07'l 0095 521 dl. 22.05.201 3. 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 exporter shall submit'Bill of Export'along with other prescribed documents. And, in terms of Pata 4.12 of FTP, 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 under Rule 30 of SEZ, Rule, 2006. lt was opined that PRC has no power to relax the documents prescribed under any other Act/Rules than FTP. Therefore, the committee was of the view that requirement of Bill of Export 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. (Action: ApplicanU RA, Bangalore shall initiate action as per the provisions of FT(DR)Act, against the applicant if they fail to get the case regularized within a month from the date of uploading of these minutes on the Directorate website.)

Case No.44: M/s. P.C. Patel & Go., Kachh.

F.No. 01/89/180/Misc-14/ AM10/ PC-2(A)/Part-l

Subject:- Request from provisions of import CMVA & R under Policy Condition No.2 [ll] 1, b & c of

Chapter 87 of ITC (HS), 2012 for import 6 units of Mining Truck LGMG made rigid Truck Model: MT86C from China. Decision: The Committee decided to relax the provisions under Policy Conditions No.2 (tl) (a), (b) and (c) of Chapter 87 of ITC (HS), 2012 for import of 6 units of Mining Truck LGMG made rigid Truck Modet [/T86C from China. This will, however, be subject to the following condition: 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.45: M/s. Maruti Suzuki lndia Ltd., Gurgaon.

F.No. 01/89/'1 80/s1/AM09/ PC-2(A) PRC Meeting No. 17lAM17 dated 06.09.20'16

Subject:- Request for policy relaxation of provisions Para 1 [ll] Ibl, tcl, tdl & [e] under Chapter 87 of tTC

(HS), 2012, for allowing import of 7 Nos. of under R&D Certiflcation. // 4k-{ w7 ハ

⌒ Decision: The Committee decided to relax the provisions under Para 1 !U [b], [c], Idl (i), (ii) & (iii) & [el under Chapter of Chapter 87 of ITC [HS], 2012 for import of 7 numbers from VW-U.K., Suzuki Supper Carry-Angola and Suzuki Ciaz-Japan for R&D purpose: (iv) a no of Model - VW Golf 1.6L diesel no of Model - \ /V Passat '1.6L diesel no of Suzuki Super Carry Nos of Suzuki Claz 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). <'<,-/- The meeting ended with a vote of thanks to Chair. ① ① ⑪