IN FORCE Policy Relaxation Committee Advance Authorisation 2020-12-16

DGFT Committee Minutes

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Directorate General of Foreign Trade (PRC Section)

Minutes of the Policy Relaxation Committee Meeting Held on 16.12.2020 under the Chairmanship of Shri Amit Yadav, Director General of Foreign Trade

Meeting No.18/AM21 held on 16.12.2020

The following members were present in the meeting:

Shri Vijay Kumar Addl. DGFT 2. Shri S.B.S. Reddy Add|. DGFT 3. Shri Hardeep Singh Addl. DGFT 4. Shri Anil Aggarwal Addl. DGFT

Following cases were discussed. The decision taken on the individual cases are as under:-

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----- Start of picture text ----- S.No Name of the firm Case No. _1.| M/s. Robinson Sports, Jalandhar 2.| M/s. Narayan Industries,Gujarat _3.| M/s. LG Electronics India Pvt.Ltd, Pune | | 5. | M/s. Laxmi Organic Industries Limited, Mumbai | | _6. | M/s. Ansapack Private Limited, Mumbai : Ph 6&7 = x | Mis. Briyosis Soft Caps Pvt. Ltd. Baroda Sas cae. ne 8. M/s. Dwaraka Arms Stores, Karnataka 9 9. | M/s. IBUS Network& InfrastructurePvt. Ltd., _ a Ss |: ees 10.| Bangalore Bites seal See tee ee er 11. | M/s. Jabsons Foods Pvt Ltd., Gujarat pip cucipldly oes Sa Ne aia | | M/s. Kalpataru Power Transmission Ltd., Gandhinagar 12 __12. | M/s. Hyundai Motor India Limited, TamilNadu- | 11 = 4 M/s. The Indian Hotels Company Ltd.,Mumbai _ afar n, ’ 14. | M/s. C.G. Power and Industrial Solution Limited, 15 __15.| M/s. Modular International Pvt.Ltd, Delhi |16 _16.| M/s. Mulberry Silks Limited, Bangalore | Tf. | M/s. Leeboy India Construction Equipment Pvt. Ltd., 18 ___19.= 18. _||| BangaloreMls.M/s.EthnicS. L. BanthiaSilks Mills,TextilesBangalorevtIndustries Pvt.saecieLtd.,weeKolkata ue | ss 19 <aote 20. | a Sie __21.| M/s. Orchid Exim (India) Pvt. Ltd., Ahmedabad | | en: ae Mis. Larsen and Toubro Limited, Punatsangchhu, | 22 Page 1 of 20 is ony L— ----- End of picture text -----

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Case No. 01 M/s. Robinson Sports, Jalandhar F. No. 01/60/162/212/AM21/PRC PRC Meeting No.18/AM21 dated 16.12.2020 Subject: To allow MEIS_ benefit against Shipping Bill No.6361224 dated 29.05.2017.

The applicant stated that they made shipment vide above shipping bill of their invoice value of A$ 66268.00 under ECGC Cover note vide their invoice No.6586 dated 24.05.2017. The customer made payment in part for AS 16567.00 for shipment under the said shipping bill. They have been asking their customer to pay the balance but their all efforts were futile for recovery. They requested to Australian High Commission in India to help them the but it also yielded no positive result. They later lodged their claim with the ECGC which was admitted on 05.11.2019. In terms of PN 47 dated 08.01.2014 they submitted their request on 28.12.2019 to RA, Ludhiana to upload the eBRC of said shipping bill. They received the approval on 13.07.2020 i.e. after the expiry of time period to apply MEIS. On that basis, RA, Ludhiana uploaded the eBRC on 07.08.2020 but during this period the shipping bill became time barred. In terms of Trade Notice No.36 dated 09.10.2019, they have submitted their request at Help Desk and placed the shipping bill under ECom ref.No.30/00/005/29300/0696/8198 dated 12.08.2020 to remove the late cut and they have advised them to approach PRC for relaxation to remove the 100% late cut.

Decision: The Committee went through the statement made by the applicant and discussed the matter at length. The Committee observed that due to delay in uploading of BRC by the Regional Authority in DGFT Portal in view of it being an ECGC claim, the firm has faced the problem which was beyond their contro! and accordingly decided to allow MEIS benefit against Shipping Bill No.6361224 dated 29.05.2017 without any late cut. The firm shall approach RA within 90 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Ludhiana/EDI/NIC for necessary updation in the System) Case No. 02 M/s. Narayan Industries, Gujarat F. No. 01/60/162/200/AM21/PRC PRC Meeting No.18/AM21 dated 16.12.2020

Subject: Condonation to submit evidence to the effect that required permission for import of Urea from the Stating Trading Enterprise towards redemption of Advance Authorization No.0810131100 dated 06.05.2014 (import and export already completed).

The applicant stated that they have fulfilled the 100% EO in terms of quantity and value within EOP and submitted all required documents to RA, Ahmedabad for issue of EODC in 2016 itself. They had imported the Urea under the said advance authorization vide BE No.7852921 dated 30.12.2014 through M/s Trans Agro India Pvt. Ltd. on High seas purchase basis. M/s Trans Agro India Pvt. LTd. had purchased the material from MMTC (State Trading Enterprise) on High seas

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Purchase and transfer the ownership to them on High seas sale basis. They had the permission to import of Urea issued by Ministry of Chemical & Fertilizers, New Delhi. They are the actual user of imported Urea. They have also raised query vide Ticket No.21579 dated 29.01.2018 about clearance of technical grade Urea to which they have been told that it can be imported by anyone. They have received letter from RA, Ahmedabad advising them to approach PRC for closure of advance authorization.

Decision: The Committee examined the case on the basis of justification made by the firm and discussed the matter at length. It was also observed that request for EODC has already been submitted by the firm in 2016 and case is pending since then. The Committee decided to accede to the request of the firm by giving relaxation from submitting evidence requiring permission for import of Urea from the Stating Trading Enterprise towards redemption of Advance Authorisation No.0810131100 dated 06.05.2014.The firm shall approach RA concerned within 30 days of the uploading of the minutes of meeting.

(Action: Applicant/RA-Ahmedabad)

Case No. 03 M/s. LG Electronics India Pvt. Ltd., Pune

F. No. 01/60/162/205/AM21/PRC

PRC Meeting No.18/AM21 dated 16.12.2020

Subject: Condonation for delay in filing “MEIS benefit’ under Chapter 3 against Shipping Bill No.5438229 dated 16.04.2017. The applicant stated that they are one of the leading manufacturers and exporter of Electronics Goods and obtaining benefits under Chapter 3 regularly. The above shipping bill is pending for claim of MEIS benefit due to delay in uploading of eBRC by their banker on the DGFT portal. They have exported Refrigerator for Rs.32,00,025.60 vide above shipping bill. Export proceeds for Rs.32,00,025.60 was realized in an approval manner on 16.09.2017 within the prescribed period. The bank informed them that eBRC could not be uploaded due to AD code interface. The BRC was finally uploaded on 29.05.2020 and they tried to submit their application for MEIS’ claim on 11.07.2020 to CLA, New Delhi’ vide E-Com ref.No.05/96/063/21100/0623/2395 which could not be submitted due to zero entitlement shown. Hence, requested to condone the delay and grant MEIS benefit without any late cut.

Decision: The Committee went through the statement made by the applicant and discussed the matter at length. The Committee observed that due to delay in uploading of BRC by the banker in DGFT Portal, the firm has faced the problem which was beyond their control and accordingly decided to allow MEIS benefit against Shipping Bill No.5438229 dated 16.04.2017 without any late cut. The firm shall approach RA within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Ludhiana/EDI/NIC for necessary updation in the System) Case No. 04 M/s. Vaish Vik Foods Pvt. Ltd., Maharashtra F. No. 01/60/162/832/AM19/PRC Qrromnt_——

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PRC Meeting No.18/AM21 dated 16.12.2020

Subject: EOP Extension against Advance Authorization No.3110067001 dated 14.03.2018 issued under 4J Condition for regularization of export already made beyond EOP.

The applicant stated that they had fulfilled 100% exports as per the Norms. Their buyer had modified the orders later so they needed more time to do the production. They applied for EOP 15 days prior to expiry of the authorization for 45 days as per the policy in RA, Pune. Their exports were to be shipped which they could fulfill in the extended period of the authorization. RA, Pune issued them a DL asking to submit ALC Norms copy which were later ratified by the Norms Committee after a month of the DL date and submitted the same. The Customs did not allow them to export under the subject authorisation as being expired. After many days RA issued them the extension in which date was wrongly calculated while issuing the letter, most of the time period was expired in the custody of RA. Later on RA, Pune issued a DL Stating that extension is rejected and asked to approach PRC for getting it done. Meanwhile they made a special request to the Commissioner of Customs to consider the exports under said advance authorisation which he accepted and allowed them on the basis of acknowledgement receipt. RA, Pune issued Demand-cum show cause on 15.09.2020 asking them to pay the duty and the interest amount which is not possible to pay for them and they had also completed the exports as required. Hence, requested EOP extension up to 07.03.2019 for regularization purposes only.

Decision: The Committee examined the case in detail and in view of justification provided by the firm it decided to accede to the request and allowed EOP extension up to 07.03.2019 only for regularization purpose subject to the payment of composition fees @0.5% per month on the unfulfilled FOB value, if exports are fulfilled more than 50% within initial /extended EOP or @ 1% per month where exports have been made less than 50% within initial/extended EOP. The firm shall approach RA concerned within 30 days of the uploading of the minutes of meeting. (Action: Applicant/RA-Pune) Case No. 05 M/s. Laxmi Organic Industries Limited, Maharashtra F. No. 01/60/162/512/AM18/PRC PRC Meeting No.18/AM21 dated 16.12.2020

Subject: Revalidation of MEIS License No.6419000034 dated 26.08.2016.

This is review case of PRC Meeting No.33/AM20 dated 03.03.2020 (Case No.08), wherein the Committee allowed revalidation for further period of 1 months from the date of endorsement. The applicant stated that the revalidated license had expired in Customs Authority. They had got the amended license (validity extended) from RA, Indore on 15.07.2020 and presented to Customs on 21.07.2020. However, they are still not able to use the same as the extension of date / other validity related details are not available on Customs System /database. The Customs issueda letter stating that utilization of MEIS license is not possible manually and matter should be taken with DGFT. Hence, requested to extend the validity by 6 months during which they will again try to utilize their license. Qj amt_—

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Decision: The Committee reviewed the case on the basis of justification submitted by the applicant and discussed the matter at length. The Committee decided to allow final revalidation for a period of 3 months from the date of endorsement of the MEIS License No.6419000034 dated 26.08.2016. No further extension would be allowed in this case. The Committee further decided to advise the firm to utilize this scrip from non-EDI port. The firm shall approach SEZ, Indore within 30 days from the date of uploading of the minutes of meeting for revalidation.

(Action: Applicant/SEZ, Indore)

Case No. 06 M/s. Ansapack Private Limited, Mumbai F. No. 01/60/162/233/AM21/PRC PRC Meeting No.18/AM21 dated 16.12.2020

Subject: Revalidation of SHIS License No.0310738850 dated 24.06.2013.

The applicant stated that license date expired and they could not utilize the same due to non-availability of the project machinery for stipulated period. After that due to heavy fire in their factory side office many of the documents burnt out and many of the files misplaced for a long period in which the original license also was misplaced. They could not file for revalidation of license on time due to misplaced of license during the fire incident. Now they have found the said license from some of old record files of the period of fire incident. Hence, requested for extension the validity period for further 12 months from the date of endorsement so that they can make use of the said license and take duty benefit against import and they will also be in a position to increase their export business in international competitive market.

Decision: The Committee went through the submission made by the firm and noted that the applicant has not submitted any cogent reason/ justification in support of any genuine hardship faced by them. Accordingly, the Committee decided to reject the request.

(Action: Applicant)

Case No. 07 M/s. Ansapack Private Limited, Mumbai F. No. 01/60/162/333/AM21/PRC PRC Meeting No.18/AM21 dated 16.12.2020

Subject: Revalidation of SHIS License No.0310700932 dated 05.07.2012.

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of the said license and take duty benefit against import and they will also be in a position to increase their export business in international competitive market.

(Action: Applicant) Case No. 08 M/s. Briyosis Soft Caps Pvt. Ltd., Baroda F. No. 01/60/162/930/AM20/PRC PRC Meeting No.18/AM21 dated 16.12.2020

Subject: Regularization of Shipping Bill No.7239206 dated 23.01.2012 of Advance Authorization No.3410032456 dated 08.12.2011 for EODC where full payment has not been received. This is deferred case of PRC Meeting No.05/AM21 dated 16.07.2020 (Case No.19), wherein the Committee deferred the case to seek a detailed report from RA, Vadodara. The report has since been received. The applicant stated that they have achieved overall value addition of 238% (actually it is 138%) and have completed the utilization of raw material imported by them. However, since the export is through 3 party, and the party has become bankrupt and it was beyond their control to get full realization in respect of Shipping Bill No.7239206 dated 23.01.2012 against FOB value of Rs. 5,954,124.00. They (third party export) could realise only Rs.157,350.00. In overall terms they have achieved the EO in value terms. Hence, requested to regularize the above shipping bill and to issue of EODC as their exports have been madein full. Decision: The Committee discussed the case at length along with report received from RA, Vadodara and observed that there is merit in their case and accordingly decided to accede to the request for regularization of Shipping Bill No.7239206 dated 23.01.2012 of Advance Authorisation No.3410032456 dated 08.12.2011 for EODC where full payment has not been received. However minimum prescribed value addition and other conditions of EO fulfillment have been adhered to. The firm shall approach RA concerned within 30 days of the uploading of the minutes of meeting.

(Action: Applicant/RA-Vadodara)

Case No. 09 M/s. Dwaraka Arms Stores, Karnataka F. No. 01/60/162/236/AM21/PRC PRC Meeting No.18/AM21 dated 16.12.2020

Subject: Revalidation of Import License No.0750001124 dated 10.12.2018.

The applicant stated that their import license was valid for 18 months. Since they had sufficient stocks of the material during 2019 and since their sales had dropped during that period, they had planned to import the item during the year 2020. They had

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placed their order for supply of shotgun cartridges 28 bore primers on 21.01.2020 with Cheddite France. Their supplier had issued a proforma invoice and agreed to supply during March/April 2020. They had also obtained permit from the DGCA, Delhi to transport the goods by Air from France to Benagaluru. Their supplier later informed them that as a consequence of the pandemic co COVID-19, their plant in France was shutdown from mid March till the end of April 2020, as a result they could not produce and supply their ordered goods. Moreover the Ministries /Authorities incharge of granting export permits in France had shutdown for safety reasons due to COVID-19 lockdown, thereby all pending export permit applications were not processed during that period. By the time their offices started again in France, their import license had expired. Their suppliers have now informed that their ordered goods are ready for dispatch and they are awaiting their revalidated import license. As per the PN issued after the COVID-19 outbreak and subsequent lockdown, they approached RA to extend the validity of license, but RA advised them to approach DGFT, New Delhi. Hence, requested to revalidate the license for a period of 6 months. Decision: The Committee went through the submission made by the firm and discussed the matter at length. The Committee decided to allow revalidation for a period of 6 months from the date of endorsement of the Import License No.0750001124 dated 10.12.2018.The firm shall approach RA within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Bangalore)

Case No. 10 M/s. IBUS Network & Infrastructure Pvt. Ltd., Bangalore F. No. 01/60/162/833/AM20/PRC PRC Meeting No.18/AM21 dated 16.12.2020

Subject: To allow Import of Networked System Equipment with accessories

under EPCG Scheme.

This is deferred case of PRC Meeting No.04/AM21 dated 02.07.2020 (Case No.08), wherein the Committee deferred the case and ask the firm to submit a detailed request along with any precedents for taking the final decision. The applicant stated that they had applied to Bangalore DGFT for issue of EPCG License for import of Networked System Equipment with Accessories under EPCG Scheme as per Para 9.01 a(ii) of FTP 2015-20. However, RA, Bangalore requested clarification form EPCG Committee, DGFT Dew Delhi. EPCG Committee vide Meeting No.04 dated 29.08.2018 rejected their application stating cables are not permitted under EPCG Scheme. They have stated that the said items are not Cable, but are connectors, together forming the Networked System Equipment with accessories. Further, stated that the nature of these cables are not power cables but are radio frequency cables. The use of these cables is only to transmit signals and data between the other devices/sensors. These cables are connecting source between the listed items and are therefore an integral part of the said Networked System. By their nature cables also cannot be consumed in separation from the other components and they being hypothecate-able may satisfy the conditions of Capital Goods. Moreover, the said Networked System or the resulting Digital Product/Service shall not come into existence independently without the presence of the identified Capital Goods. For Page 7 of20 \ Qoown__.

the purpose of deriving the Digital Product for export, watch of the identified Goods shall be permanently so installed that the basic functions of it are not altered and contributes to make the entire platform effective. They shall import the identified CGs for installation of the aforementioned Networked System at their own premises. Hence, requested to allow Import of Networked System Equipment with accessories under EPCG Scheme.

Decision: The Committee examined the records submitted and statement made by the firm and observed that applicant’s request had been discussed in detail by the EPCG Committee and has been rejected giving detailed reasons. After discussing the matter at length, the Committee found no merit in its application. Hence, decided to reject the request of the firm.

(Action: Applicant)

Case No. 11 M/s. Jabsons Foods Pvt. Ltd., Gujarat F. No. 01/60/162/251/AM21/PRC PRC Meeting No.18/AM21 dated 16.12.2020

Subject: To condone the delay in filing the TMA application for the period March 19 and April 19 to June 19.

The applicant stated that they have paid the requisite official fees on 30.09.2020, however while submitting the application online, the error message “submit date exceed” was displayed due to error in system. Hence, requested to condone the delay in filing of TMA claim for March 19 and April to June 19 quarter.

(Action: Applicant)

Case No. 12 M/s. Kalpataru Power Transmission Ltd., Gandhinagar (Gujarat) F. No. 01/60/162/250/AM21/PRC PRC Meeting No.18/AM21 dated 16.12.2020

Subject: Clubbing of two Advance Authorizations No.0810133891 dated 21.11.2014 and 0810135360 dated 26.05.2015.

The applicant stated that the have completed exports and imports under these AAs as per terms and conditions of the said advance autorisations. The Advance Authorizations No.0810133891 dated 21.11.2014 was issued under No-Norms (where NC has fixed adhoc-norm) and as per the decision of NC meeting dated 04.09.2019 under SION NORMS, they have proceeded for advance authorization under No-norm because export order was for the customized towers. The export order required them to supply the item, which does not require foundation for erection of towers unlike requires in normal condition while erecting the towers in India. Due Page 8 of 20 is eee

to geographical condition, the towers are supported by Beam, Channel, Angles and Plates and changing the parameters of MS/HT Angles, to Beam and Channel and vice versa considering the specific design of the tower. The tower rather has to be installed directly by digging the soil pits, which needs a very strong support and strength. Due to this they needed to import different grade/types of Angles, Channel, Beam and Plates having varied thickness and curves, etc. They imported Beam and Channel for which SION norms/ adhoc-norms are allowed in terms of weight i.e. unit of measurement of MTs, having identical ITC HS codes and rate of Customs Duty etc. They are willing to pay customs duty and interest on excess quantity of 1171.823 MTs of MS/HT angles/beam/channel and MS/HT plates, having same duty rate and ITC HS code, so imported /unutilized by them. RA, Ahmedabad has rejected their request for clubbing on the ground that despite their similar rate of duty, unit of measurement and ITC HS code they are different items in terms of their description/grade etc. Hence, requested to allow clubbing for closure and regularization purposes.

Decision: The Committee having examined the statement made by the applicant discussed the matter at length. The Committee observed that the import item of both the authorizations is same with different grades. Accordingly it decided to accede the request for clubbing of two Advance Authorization No.0810133891 dated 21.11.2014 and 0810135360 dated 26.05.2015 provided that export product is same in both AAs and each item of import is fully accounted for in the export product upon clubbing. The other terms and conditions of clubbing will remain as per the policy/HBP provisions. The firm shall approach RA concerned within 30 days of the uploading of the minutes of meeting.

(Action: Applicant/RA-Ahmedabad)

Case No. 13 M/s. Hyundai Motor India Limited, Tamil Nadu F. No. 01/60/162/79/AM21/PRC

PRC Meeting No.18/AM21 dated 16.12.2020

Subject: Condonation of delay in filing of MEIS application against 07 Shipping Bills No.(i) 4075885 dated 13.02.2017, (ii) 4076531 dated 13.02.2017, (iii) 4172328 dated 16.02.2017, (iv) 4172334 dated 16.02.2017, (v) 4172337 dated 16.02.2017, (vi) 4941904 dated 23.03.2017 &(vii) 4891481 dated 21.03.2017. This is review of the PRC Meeting No.10/AM21 dated 10.09.2020 (Case No.19), wherein the Committee rejected the case. The applicant stated that the shipping bill numbers are not interfaced in DGFT system and every time they got fetch result “No Record Found” while filing MEIS. They also checked the DGFT system through “Port Code: INMAA1” for transferring the data from Add EDI! SB to Repository screen, but they received the error message “No Record Found Matching”. Finally they checked the DGFT shipping bills repository Add screens where they got the Error”: “No Record Found Matching”. Though they have realized the export receivable on time, they were not able to apply for above 7 shipping bills for MEIS within the stipulated date. The above technical snag error was explained to the technical officer in person in RA, Chennai. They have also informed the EDI, Customs on above issues. Finally the shipping bills were interfaced during May 2020, but they were not able to apply

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MEIS for the cited shipping bills due to time barred. Subsequently, due to COVID lockdown their plant was closed till June 2020.

Decision’ The Committee went through the statements made by the firm and decided to refer the issue to EDI/NIC-Division for its examination and thereafter the matter will be brought back to PRC.

(Action: EDI/NIC- Division /Applicant)

Case No. 14 M/s. The Indian Hotels Company Ltd., Mumbai F. No. 01/60/162/235/AM21/PRC PRC Meeting No.18/AM21 dated 16.12.2020

Subject: Revalidation of 95 SFIS Authorizations.

The applicant stated that they were issued 95 SFIS licenses for Rs.30.74 crores on 26.11.2018 and these are valid till 25.11.2020. Their average usage is Rs.1.25 crores per month. However, in the last 8 months they have hardly used the licenses as only handful of their hotels were kept open for long stayers and medical fraternity. The hotels are now slowly opening and have started doing little business. Since the occupancies in the hotels are low to very low and the revenue earned is also low, the hotels cannot import foods and beverage items or import capital goods to start renovations that were planned. The balance on the licenses is Rs.13 crore approximately as on 31.08.2020. They cannot be used by 25.11.2020 which is the expiry date of these scrips. The travel experts feel that it will take at least one year or more for hotels to start getting business that will once again allow them the luxury to Start normal spending and go in for imports. Hence, requested for extension by a year since they do not know the normal hotel operations will resume which will necessitate an import.

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----- Start of picture text ----- List of 95 SFIS Scrips. S.No. | SFIS License | Date of S.No. | SFIS License No. | Date of Sie 8! eee 5... A I Ai. | ean _2____1| |05104084950510408497|| 26-11-201826-11-2018 ||—52|—51| 05104085740510408573||26-11-2018 3 26-11-2018 | 0510408498 | 26-11-2018 _ 93 | 0510408576 || 26-11-2018|  4 | 0510408499 |26-11-2018 | 54 | 0510408577 26-11-2018 _9§ |0510408500| [26-11-2018] | 55 |0510408578 =| 26-11-2018 _ ____1 |0510408501 | 26-11-2018 | 56 | 0510408579 | 26-11-2018 | 0510408502|26-11-2018 | 57 |0510408580| ___8 26-11-2018 ____9__10 ||05104085040510408503|| 26-11-201826-11-2018| | 59_98 0510408584|0510408581 || 26-11-201826-11-2018 | ___11 | 0510408510 =| 26-11-2018 _ 60 | 0510408585 | 26-11-2018 _ _12 | 0510408511 | 26-11-2018 | = 611 0510408586 © 26-11-2018 © | 0510408512 |26-11-2018 | 62 | 0510408588 26-11-2018 13 _ ___14|0510408517 _| 26-11-2018 | 63| 0510408591|26-11-2018 __15 |0510408518 |26-11-2018 | —64| 0510408592 | 26-11-2018 | 0510408520 | 26-11-2018 65 | [0510408593] | 26-11-2018 Page [10] [of] [20] [oe eee ----- End of picture text -----

16 |[0510408521] |26-11-2018 | 66 0510408594 26-11-2018 17 _ 18 | 0510408522| 26-11-2018 | 67 | 0510408595 _| 26-11-2018 19 |0510408523 | 26-11-2018 | 68 | 0510408596 26-11-2018 | 0510408524 26-11-2018 | 69 0510408597) 26-11-2018 20 | 0510408527 | 26-11-2018 70 | 0510408598 26-11-2018 —, 0210408528 {26-11-2018 [74 | 0510408609 ——~«(| 26-17-2018 22—#324 ||0510408532 0510408529|| 26-11-2018 26-11-2018 || 73/72 |05104086000510408601 ‘|—| 26-11-2018 26-11-2018 22 |[0510408533] | 26-11-2018 | 74 /0510408602—‘| 26-11-2018 0510408534 | 26-11-2018 | 75 | 0510408605 | __|26-11-2018 26 | 0510408535 | 26-11-2018 76 | 0510408607 26-11-2018 27 | 0510408536 | 26-11-2018 77 | 0510408608 26-11-2018 2930___31| ||[0510408538] 0510408539[|] | 26-11-2018[26-11-2018] |[|] 7980|| 05104086100510408611 _ a}|26-11-2018SB11-2018 0510408540 |26-11-2018 | 81 | ___32 0510408612 _ __| 26-11-2018 | 0510408541 | 26-11-2018| 82 0510408613 33 0510408542 | 26-11-2018 34 | |26-11-2018| 83 |0510408615 26-11-2018 |0510408543 |26-11-2018 | 84 |0510408616 __| 26-11-2018 38| 0510408544 | 26-11-2018 | 85|0510408617 ____| 26-11-2018 _ 36 | 0510408545| 26-11-2018| 86| 0510408618 _ __| 26-11-2018 __37 | 0510408546 = 26-11-2018 ; 87 | 0510408619 | 26-11-2018 _ 38|0510408552 |26-11-2018 | 88 | 0510408620 =| 86017-2018 39 | | 0510408553 | 26-11-2018 89 | 0510408621 26-11-2018 40 |0510408554|26-11-2018 | 90 |0510408622 ___| 26-11-2018 4241 | 0510408555 | 26-11-2018 |91 0510408624| 26-11-2018| ___43 | 0510408556 | 26-11-2018 | 92 |0510408625 ___| 26-11-2018 |0510408557 |26-11-2018 | 93 0510408626 _44 | 26-11-2018| 49___46||05104085580510408559||26-11-201826-11-2018 | 95___94 || 05104086280510408629 ___|| 26-11-201826-11-2018 __47 | 0510408566| 26-11-2018 ___48___49 |||05104085700510408571 0510408569|||26-11-201826-11-2018 _| ___50 26-11-2018 | 0510408572 | 26-11-2018 |

Decision: The Committee examined the case in detail on the basis of justification submitted by the firm. The Committee noted that due to Covid-19 Pandemic the business of the Hotel Industry has been affected very badly and moreover these SFIS scrips are not transferrable unlike SEIS scrips. Hence, it decided to accede to the request and allowed revalidation of above mentioned 95 SFIS scrips for a further

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period of 6 months from the date of endorsement. The firm shall approach RA within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/CLA-New Delhi)

Case No. 15 M/s. C.G. Power and Industrial Solution Limited, Mumbai F. No. 01/60/162/396/AM19/PRC PRC Meeting No.18/AM21 dated 16.12.2020

Subject: Consideration of free shipping bill against Advance Authorization No.0310797584 dated 23.07.2015.

This is review case of PRC Meeting No.18/AM19 dated 09.10.2018 (Case No.34), wherein the Committee had acceded to the request of the firm.The applicant stated that they had submitted the application for redemption of the advance authorization to RA, Mumbai. But RA has raised a deficiency letter stating that the redemption cannot be considered as accounting of inputs into export as per Para 4.12 is not possible. Moreover it is mandatory to mention input items consumed in export product on shipping bill. Hence, requested for condonation and relaxation regarding condition imposed as per Para 4.12 of HBP.

Decision: The Committee reviewed the case on the basis ofjustification furnished by the firm and discussed the matter along with the report received from RA, Mumbai and observed that the request of the firm for consideration of free shipping bill against Advance AuthorisationNo.0310797584 dated 23.07.2015 has already been considered and approved in its meeting no.18/Am19 dated 09.10.2018 (34). Hence, no further approval is required. Committee also observed that RA has raised unnecessary deficiencies in this case and delayed the implementation of the decision taken by PRC by more than 2 years. This is unacceptable. RAs are not authorized to issue deficiencies in the matters which have already been relaxed by the PRC. In case there is any concern or RA needs any more clarity in any decision of the PRC, it has to be raised with PRC division in the O/o DGFT and no deficiencies need to be issued to the firms.

RA is directed to implement the earlier decision of PRC.

(Action: Applicant/RA-Mumbai)

Case No. 16 M/s. Modular International Pvt. Ltd., Delhi F. No. 01/60/162/158/AM21/PRC PRC Meeting No.18/AM21 dated 16.12.2020

Subject: To condone the time limit for filing MEIS application against time barred 77 shipping bills for the year 2016-17, without late cut, where payments have been delayed due to freezing of bank account of the company by DRI and accordingly late payment by buyer. The applicant stated that they exported the goods vide above 77 shipping bills in year 2016-17. Thereafter DRI initiated an inquiry into export of readymade garments Page 12 of 20 (Ls a.nn__

for various exporters including their company and put an alert on their IEC and freeze their bank accounts. Due to freezing of bank accounts, payments from their overseas customs could not be realised in time and eBRC could not be generated for filing MEIS application. After de-freezing of bank account, the payment has been realized and eBRC has been issued by the bank but at that time maximum time period of 3 years to file MEIS applications has expired.

Decision: The Committee on the basis of justifications submitted by the applicant, discussed the case at length and found no merit or genuine hardship in the arguments made by the firm and hence decided to reject the request of the firm.

(Action: Applicant)

Case No. 17 M/s. Mulberry Silks Limited, Bangalore

F. No. 01/60/162/252/AM21/PRC PRC Meeting No.18/AM21 dated 16.12.2020

Subject: Extension of EOP against DFIA License No.0710106827 dated 13.10.2014 (condone the delay of 93 days from the date of validity period i.e. 13.04.2016).

The applicant stated that they have completed the EO for 2228.66 Kgs (MRS-557.18 Kgs and Dupion-1671.48 Kgs) within the validity period i.e. 13.04.2016. Balance 4410 Kgs (MRS-1098.61 Kgs & Dupion-3311.64 Kgs was exported by 15.07.2016 (delay of 93 days from the date of expiry of EOP). They have completed the imports within the validity period of the license i.e. before 31.10.2015 and also they have fulfilled the export/import condition of the authorization. Inadvertently they have failed to take EOP extension and completed the EO after the validity of the license period for 4410.25 Kgs. Hence, requested to condone the delay.

Decision: The Committee examined the case in detail and in view of justification provided by the firm it decided to accede to the request and allowed EOP extension up to 15.07.2016 of DFIA License No.0710106827 dated 13.10.2014 subject to payment of composition fee @ 1% per month on unfulfilled FOB value from initial EOP. The firm shall approach RA concerned within 30 days of the uploading of the minutes of meeting.

(Action: Applicant/RA-Bangalore)

Case No. 18 M/s. Leeboy India Construction Equipment Pvt. Ltd.,

Bangalore F. No. 01/60/162/40/AM20/PRC PRC Meeting No.18/AM21 dated 16.12.2020

Subject: Waiver of interest on customs duty towards excess import made against Advance Authorisation No.0710107065 dated 26.11.2014 for redemption / closer purpose.

This is review case of PRC Meeting No.04/AM20 dated 01.05.2019 (Case No.20), wherein the Committee allowed EOP extension for a period of 12 months from the Page 13 of 20 Lo am _—

date of endorsement. The applicant stated that they could not fulfill the EO within the specified period of 18 months. They had been granted for 1 year extension of EO by PRC, but due to sudden recession during the year 2019 and the subsequent Covid 19 pandemic situation, their business is seriously affected. So they are also not even in a position to disburse salaries to the employees. They are planning to submit their application toward redemption. They are willing to pay the Customs Duty towards excess imports made against the said authorization. Regarding payment of interest towards excess imports, considering the present situation, they are requesting to waive the interest totally as they are in deep financial crisis. The levy of interest will be a death knell for their company. The value of the subject authorization is USD 2957969 and INR value of Rs.18.93 Crores. Material was imported and used for the value of USD 1668190, INR Value of Rs.10.39 Crores i.e. equal to 54.87% of the license value. Hence, requested for waiver of interest as a special case.

Decision: The Committee reviewed the case on the basis of justification submitted by the firm and noted that the applicant has not submitted any cogent reason/ justification in support of any genuine hardship faced by them. Accordingly, the Committee decided to maintain rejection of the earlier decision of PRC Meeting No.04/AM20 dated 01.05.2019 (Case No.20).

(Action: Applicant)

Case No. 19 M/s. S. L. Banthia Textiles Industries Pvt. Ltd., Kolkata F. No. 01/60/162/741/AM20/PRC

PRC Meeting No.18/AM21 dated 16.12.2020

Subject: EOP extension against Advance Authorization No.5210038907 dated 28.08.2012 up to 29.09.2014 (Redeemed on 14.02.2017 as per RA Report).

The applicant stated that they have received EODC /Redemption of the subject authorization, after the completion of export and payment of CD+ Interest towards excess import, from RA, Surat. Thereafter they have received a show cause notice for un-redeem case on 25.11.2019 along with copy of letter issued by E.P. Audit (Rap), Mumbai dated 21.06.2019, mentioning that valid EOP was till 27.08.2019 and export effected 09/2014, for the recovery of CD+ Interest. EO has been completed inconformity with the date mentioned in Amendment Sheet No.2 of the authorization validity showing till 30.09.2014, due to some error /confusion and RA has also redeemed the authorisation accordingly, as per the export made, issued EODC against the same. In the light of facts stated above, it is requested for extension of EOP up to 29.09.2014, for regularization purpose and counting of their export shipping bills during 09/2014. EOP extension for minimum 32 days only from the date of expiry in tune with the spirit of the FTP that to recovery of CD+Interest, should not be the motive. Decision: The Committee examined the case in detail and in view of justification provided by the firm along with report received from RA, Surat. It observed that there was a mistake on the part of RA and in any case, firm was eligible to get 2’ EOP extension as per the Policy Provisions. Hence, the Committee decided to allow EOP extension up to 29.09.2014 of Advance Authorization No.5210038907 dated 28.08.2012 only for regularization purpose subject to payment of applicable Page 14 of 20 i Ween

composition fee as per the provisions of Policy/HBP. The firm shall approach RA within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Surat)

Case No. 20 Mis. Ethnic Silks Mills, Bangalore

F. No. 01/60/162/29/AM21/PRC

PRC Meeting No.18/AM21 dated 16.12.2020

Subject: To allow MEIS benefit against time barred 74 Shipping bills for the period from 26.07.2016 to 23.02.2017.

This is defer case of PRC Meeting No.07/AM21 dated 06.08.2020 (Case No.15), wherein the Committee decided to defer the case and seek a detailed report from RA, Pune to take final decision. The applicant stated that as per FTP 2015-20 the time limit to apply for MEIS is three years from the date of LEO, with applicable Late Cut, as per Para 9.02 of HBP 2015-20. Since their IEC was placed under DEL from 25.07.2019to 26.02.2020 for non-fulfillment of EO for the three advance authorization No.(i) 0710106729 dated 22.09.2014, (ii) 0710108675 dated 03.09.2015 and (iii) 0710108802 dated 28.09.2015. During this period the system has not permitted to apply for MEIS application. They had a genuine hardship in apply for MEIS for some of the Shipping bill, which are covered during the period from 26.07.2016 to 23.02.2017. Further, in the normal online application process, if they add EDI shipping bills from the list of available shipping bill to the repository, the shipping bills will not be reflected once against the list of available EDI shipping bills. lt was unfortunate that in their case, for the Financial Year 2016-17 the added shipping bill to the repository was also reflecting in the available EDI shipping bills. This led to some confusion and apprehension that twice MEIS is/has not applied for the same shipping bill and there was a genuine delay in selecting the shipping bills. Subsequent their IEC was placed under DEL and they could not apply for MEIS within the time limit available as per FTP 2015-20.

Decision: The Committee went through the submission made by the firm and discussed along with the report received from RA, Bangalore and noted that the applicant has not submitted any cogent reason/ justification in support of any genuine hardship faced by them. Accordingly, the Committee decided to reject the request.

(Action: Applicant)

Case No. 21 M/s. Orchid Exim (India) Pvt. Ltd., Anmedabad F. No. 01/60/162/159/AM21/PRC PRC Meeting No.18/AM21 dated 16.12.2020

Subject: Condonation of not mentioning the name of supporting manufacturer in the SBs towards fulfillment of EO against Advance Authorization No.0810135432 dated 04.06.2015.

The applicant stated that they are a merchant exporter with name of supporting manufacturer (M/s Jay Agro Products, Mehsana (Gujarat). They are also manufacturer exporter and due to heavy commitment of export, they have obtained

Page 15 of20 {et sare

the subject authorization with supporting manufacturer name endorsed as they intended to get the goods manufactured by the supporting manufacturer but due to the shut down of the plant of supporting manufacturer, they have imported the inputs in their name. Processed the same in their plant instead of supporting manufacturer and exported directly without involvement of supporting manufacturer. Hence, supporting manufacturer name not mentioned in the shipping bills. They have fulfilled 100% EO quantity-wise and 119% value-wise. Their request for EODC has been rejected by RA, Ahmedabad stating that supporting manufacturer name not mentioned in the shipping bills.

Decision: The Committee went through the statement made by the applicant along with report received from RA, Ahmadabad and discussed the matter at length and observed that it is not a case of relaxation and could have been done at RA level. However, it decided to accept the request made by the firm and Regional Authority may finalize the case as per Policy provisions. The firm shall approach RA within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Ahmedabad)

Case No. 22 M/s. Larsen and Toubro Limited, Punatsangchhu, Bhutan F. No. 01/89/180/Misc-14/AM10/PC-1(A)/Part-l PRC Meeting No.18/AM21 dated 16.12.2020

Subject: The request of the firm is for relaxation in import policy condition for: (i) Import of 84used vehicles more than 03 years old;and (ii) The import of the equipment form Bhutan to India through Customs port at Mumbai is practically not possible. Therefore, the firm has sought permission for import of used vehicles from Bhutan to India through JaigaonPort (Bhutan —West Bengal Border town) instead of Mumbai.

This is defer case of PRC Meeting No.16/AM21 dated 26.11.2020 (Case No.23), wherein the Committee decided to defer the case and ask the firm to submit complete detail of vehicles being imported, mentioning the quantity & model/manufacturing year for taking the decision. The applicant stated that the projects they execute are mostly infrastructure in nature and towards nation building. It is of nation’s importance. Projects ranging from bridges, roads, power which includes Nuclear, Hydel, Airport development, Metro Rail, Defence, so on so forth. As the above plants and machinery/equipments /vehicles are their own assets which were deployed in the aforementioned project site at Bhutan. Since the project is stalled due to geo technical conditions i.e. landslide, they have been told by the Project Authority (PHPA, RGOB, Bhutan) to take back their P&M /Equipments Vehicles to India for their own deployment and usage in India. As buying new P&M is very costly and lead time involved is more. Hence it becomes imperative for them to shift their own assets to India. Policy provisions also allow the contractor who is executing the projects abroad can bring back to India after usage of the P&M (Capital Goods) minimum period of one. In this case they requested to grant a specific approval for moving these vehicles /equipments through Jaigon, LCS, West Bengal.

Detailed list of the Vehicles:

==> picture [103 x 24] intentionally omitted <==

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|sé;MAINA|<br>79 |SCORPIO<br>SCORPIO $10| 2015|
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|BOLERO<br>BOLERO<br>82<br>|CAMPER<br>CAMPER Dc_ | 2020<br>pein<br>eg es<br>Ue<br>|MA1RU4GHKK3L94960_| GHK4K55998<br>MAHINDRA|
|BOLERO<br>BOLERO<br>83<br>|CAMPER<br>CAMPER Dc_ ‘| 2019<br>ee<br>Seen<br>eee<br>6...<br>:*Seer<br>| MA1RU4GHKK3L94959 |GHK4K56000<br>MAHINDRA|
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Decision: The Committee went through the justification provided by the firm and after deliberations it decided to allow import of above mentioned 84 used vehicles older than 3 years by relaxing the condition of Para 1(Il) (a) of Policy Conditions in Chapter 87 of Import Policy. The Committee also decided to allow relaxation of port condition as at Para 1(Il)(d)(iv) of the Note of Chapter 87 of ITC(HS) 2017, Schedule-! (Import Policy) to import of above mentioned vehicles from Bhutan to India through Jaigaon Port (Bhutan-West Bengal border Twon) instead of Customs Port at Mumbai.

(Action: Applicant/PC-2(A)

==> picture [92 x 34] intentionally omitted <==

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