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Directorate General of Foreign Trade (PRC Section)

Minutes of the Policy Relaxation Committee Meeting Held on 27.07.2022 & 29.07.2022 under the Chairmanship of Shri Santosh Kumar Sarangi, Director General of Foreign Trade

Meeting No.10/AM23 held on 27.07.2022 & 29.07.2022

The following members were present in the meeting:

  1. Shri Vijay Kumar Addl. DGFT 2. Shri S.B.S. Reddy Addl. DGFT 3. Shri Amiya Chandra Addl. DGFT 4. Shri AkashTaneja Add!. DGFT 5. 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 -----<br> | S.No| ——————Nameofthefirm =——s*d|_s«Caase No. |<br>| 4. _|Mis. ZF Life Care Industries Pvt.Ltd, Kerala | SC<br>| 5. __|M/s. Maini Precision Products Ltd. Bangalore | 7<br>|eo7. |M/s. Svitch Energy Pvt. Ltd., Ahmedabad ne aa<br>|| 8.9. _|M/s.|M/s. AlmeloWackerPrivateMetroarkLimited,ChemicalsHyderabad Pvt.Ltd.,WestBengalCs]| 10 i<br>|Sea<br>| 19. |M/s. Vimbri Enterprises, Delhi<br>| 2 10 . _| M/s.M/s. Addon BismiCashew Company,Export House Limited, KeralaMumbai |; 22<br>Page 1 of 32 |. > eels<br>----- End of picture text -----<br>

||a2.|M/s.|Royal Food Exporters, Kerala|Royal Food Exporters, Kerala|24|
|---|---|---|---|---|---|
|||Ltd.,|Bengaluru|||
|||35.|_|M/s.|ManIndustries|(India)Ltd.,Mumbai||

Case No. 01 M/s. Genau Manufacturing Company LLP, Delhi F.no. HQRPRCAPPLY00357060AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: EOP extension against Advance Authorization No.0510412207 dated 21.10.2019.

The applicant stated that they are unable to complete 50% export in quantity due to corona pandemic. Export in FCC completed more than 65% and need 2” extension till 20.04.2022 to complete pending export obligation. Application submitted to CLA-New Delhi under File No.05AJ040123126AM22 and fees submitted Rs.182362 from 20.10.2021 till 20.04.2022 for 6 months. Total quantity for all items imported is 73563 KGS. Actual quantity consumed and exported is 30185 KGS. Balance quantity available physically is 43378 KGS.

Hence, they are requesting for 2’ extension in EOP up to 20.04.2022 against Advance Authorisation No.0510412207 dated 21.10.2019.

Decision: The Committee having examined the case on the basis of justification submitted by the applicant and discussed the matter at length. The Committee decided to allow EOP extension of Advance Authorization No.0510412207 dated 21.10.2019 for a period of 6 months from the date of endorsement subject to payment of composition fee @ 1% per month of the extension p2riod granted as above, on the unfulfilled FOB Value. This is last and final EOP extension. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/CLA-New Delhi)

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Case No. 02 M/s. Mitesh Metal Industries, Vasai F.no. HARPRCAPPLY00359077AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: EOP extension against Advance Authorization No.0310831476 dated 11.09.2019.

The applicant stated that they are applying for second extension of EOP but due to 0% exports against the subject authorisation, the application for extension is not being accepted. Due to Covid-19 restrictions they were not able to export the goods as expected and they were also working with limited skilled staff so they could not fulfil EO. They are importing Non-Magnetic Stainless Steel sheet /coils stainless steel cold rolled coils. Grade 201 of width 600 MM and below. Total quantity imported 27311 KGS. Imported material received after cutting in circle shape — Stainless Steel Circle. Actual quantity available physically at factory is 22479 KGS. Hence, they are requesting for extension of EOP against Advance Authorisation No.0310831476 dated 11.09.2019.

Decision: The Committee went through the submission made by the firm and discussed the matter at length and observed that there is merit in the case and accordingly it decided to accede to the request and allowed EOP extension of Advance Authorization No.0310831476 dated 11.09.2019 for a further period of 6 months from the date of endorsement subject to payment of composition fee @ 1% per month of the extension period granted, as above, on the unfulfilled FOB value. This is last and final EOP extension. The firm shall approach RA within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Mumbai)

Case No. 03 M/s. Venus Remedies Ltd., Haryana F.no. HARPRCAPPLY00373131AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: EOP extension against Advance Authorization No.2210016136 dated 30.04.2019.

The applicant stated that they have obtained the above advance authorisation for the product ‘Vancomycin HCL Sterile USP’ for 500 KG. The license was valid up to 29.10.2020. The product was imported in five-part shipments. They were unable to export goods to the extent of usage of raw material up to 72.36 KG up to the validity of this advance authorisation. They could not export due to cancellation of orders by foreign customers. They have been granted 1** EOP extension which was valid up to 29.04.2021. In spite of Covid-19 pandemic they were able to further export goods to the extent of consumption of raw material of 138.63 KG. Thus total EO fulfilled up to 210.99 KG and left with unutilized material of 289.03 KG in hand. In order to obtain 2™ extension of EO, they were unable to fulfil the condition of 50% export. However, Circular No.28/2015-20 dated 23.09.2021 was issued in end of September 2021 Page3 of 32 shee

providing time line of only 3 months to complete the EO. This circular came to their knowledge little late and they tried to obtain export orders and successful to get the orders in the month of January 2022. By the time the time limit to fulfil EO had expired due to Covid-19 pandemic. Hence, they are requesting for extension of further period of 6 months as a special case to complete the export.

  1. By the time the time limit to fulfil EO had expired due to Covid-19 pandemic. Hence, they are requesting for extension of further period of 6 months as a special case to complete the export.

Decision: The Committee examined the case on the basis of justification submitted by the applicant and discussed the matter at length. The Committee decided to allow EOP extension of Advance Authorization No.2210016136 dated 30.04.2019 for a period of 6 months from the date of endorsement subject to payment of composition fee @ 1% per month of the extension period granted as above, on the unfulfilled FOB Value. This is last and final EOP extension. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Ludhiana)

Case No. 04 M/s. Venus Remedies Ltd., Haryana F.no. HQRPRCAPPLY00373147AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: EOP extension against Advance Authorization No.2210015948 dated 25.07.2018.

The applicant stated that they have obtained the above advance authorisation for the product ‘PACLITAXEL USP’ for 10000 Gram. The license was valid up to 24.01.2020. The product was imported in five-part shipments of 2000 Gram each. They were unable to export goods due to cancellation of orders by foreign customers. They have been granted 1° EOP extension which was valid up to 24.07.2020. In spite of Covid-19 pandemic they were able to further export goods to the extent of consumption of raw material of 2396.13 Gram and left with unutilized material of 7603.87 Gram in hand. In order to obtain 2" extension of EO, they were unable to fulfil the condition of 50% export. However, Circular No.28/2015-20 dated 23.09.2021 was issued in end of September 2021 providing time line of only 3 months to complete the EO. This circular came to their knowledge little late and they tried to obtain export orders and successful to get the orders in the month of January 2022. By the time the time limit to fulfil EO had expired due to Covid-19 pandemic. Hence, they are requesting for extension of further period of 6 months as a special case to complete the export.

  1. By the time the time limit to fulfil EO had expired due to Covid-19 pandemic. Hence, they are requesting for extension of further period of 6 months as a special case to complete the export.

Decision: The Committee examined the case on the basis of justification submitted by the applicant and discussed the matter at length. The Committee decided to allow EOP extension of Advance Authorization No.2210015948 dated 25.07.2018 for a period of 6 months from the date of endorsement subject to payment of composition fee @ 1% per month of the extension period granted as above, on the unfulfilled FOB Value. This is ES Page4 of 32

last and final EOP extension. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Ludhiana)

Case No. 05 M/s. Venus Remedies Ltd., Haryana F.no. HQRPRCAPPLY00383895AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: EOP extension against Advance Authorization No.3010105365 dated 26.08.2020.

The applicant stated that they had received Advance Authorisation No.3010105365 dated 26.8.2020 from RA, Ludhiana. At the time of application submission, they had mentioned the unit of measurement (UOM) in export item as PACKS & the customs EDI system was also accepting this UOM. While generating the shipping bill the EDI system was not accepting the UOM of export item as PACKS. Later on they have decided to change the UOM of export items from PACKS to SETS in Advance License. While applying online amendment of authorisation (ANF-4D) it was showing Error message for item with input serial number 2,2,2, because input details of UOM was not showing PACKS. So they were not able to update the input details in online amendment form. During this period they were not able to export goods under this advance authorisation. Now they have successfully implemented online amendment in Authorisation (ANF-4D) and are able to update the input details in online amendment form. They have changed the UOM of export items from instead PACKS to SETS. They have fulfilled the total EO on 1.68 Kg against the said authorisation and balance quantity left with them is 38.32 Kg.

Hence, they are requesting for six months EOP extension without any composition fee as a special case.

O on 1.68 Kg against the said authorisation and balance quantity left with them is 38.32 Kg.

Hence, they are requesting for six months EOP extension without any composition fee as a special case.

Decision: The Committee examined the case on the basis of justification submitted by the applicant and discussed the matter at length. The Committee decided to allow EOP extension of Advance Authorization No.2010105365 dated 26.08.2020 for a period of 6 months from the date of endorsement subject to payment of composition fee @ 1% per month of the extension period granted as above, on the unfulfilled FOB Value. This is last and final EOP extension. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Ludhiana)

Case No. 06 Mis. ZF Life Care Industries Pvt. Ltd., Kerala F.no. HQRPRCAPPLY00369923AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: Extension of EOP against Advance Authorization No.1010059966 dated 06.06.2018. hk

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This is review case of PRC Meeting No.20/AM22 dated 10.02.2022 (Case No.08), wherein the Committee rejected the case. The applicant had applied for advance authorisation for import of raw materials of USD 830489 vide above advance authorisation and imported raw materials of USD 107446 with saved customs duty of Rs.885641/- and IGST of Rs.1370391/-. But due to Covid, flood and slow down of economy, fear of spreading corona through products and high TPR rate in Kerala and delay in commencing the business due to Red-Tapism etc., the EOP expires. The Notification No.28 dated 23.9.2021 is only applicable to EOP period expiring between 01/08/2020 to 31.07.2021. In this case, the EOP period expired before the date of notification. Hence they could not utilize the benefits of alleged Notification even they are ready to export during the period. Therefore, they are requesting for EOP extension for 6 months without any composition fee.

ey could not utilize the benefits of alleged Notification even they are ready to export during the period. Therefore, they are requesting for EOP extension for 6 months without any composition fee.

Decision: The Committee reviewed the case on the basis of justification submitted by the applicant and discussed the matter at length and observed that there is merit in the case. Accordingly, the Committee decided to accede to the request and allowed EOP extension of Advance Authorization No.1010059966 dated 06.06.2018 for a period of 6 months from the date of endorsement subject to payment of composition fee @ 1% per month of the extension period granted as above, on the unfulfilled FOB Value. This is last and final EOP extension. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Cochin)

Case No. 07 Mis. Maini Precision Products Ltd., Bangalore F.no. HQRPRCAPPLY00374097AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: EOP extension against 2 Advance Authorizations No.0710114362 dated 02.01.2019 & 0710115278 dated 13.08.2019.

The applicant stated that they have received the export orders fro supply of Machined Aircraft parts viz. Mount — front lower link, Mount — rear tank support reservoir, Bracket — rear oil tank support reservoir, etc., and the sleeve for pump body, pump body, sleeve ring nut from the various foreign customers viz., Magneti MAreli and Safran Aircraft Engines in the year 2018 and 2019. Based on the said orders, they obtained the above authorisations and imported the goods and commenced manufacture of said parts of Aircrafts and Automobiles. In early 2020, the Covid-19 pandemic had outbreak across various countries. In view of sudden unexpected outburst of Covid pandemic, they could not able to fulfil the prescribed EO within the EOP. Accordingly, the EOP has been extended initially up to 02.01.2021 and 12.08.2021. Subsequent extended EOP up to 02.07.2021 and 12.02.2022. Vide notification No.28/2015-20 dated 23.09.2021 which facilitates extension of EOP which expires between 01.08.2020 and 31.07.2021 up to 31.12.2021. However, since the foreign customers cancelled export orders and /or Page6 of 32 5 Se

postponed the delivery schedule for export to the year 2023, they will not be in position to fulfil the EO within the said extended EOP i.e. 31.12.2021 also. Hence, they are requesting for extension of EOP up to 31.05.2023.

edule for export to the year 2023, they will not be in position to fulfil the EO within the said extended EOP i.e. 31.12.2021 also. Hence, they are requesting for extension of EOP up to 31.05.2023.

Decision: The Committee went through the submission made by the firm and discussed the matter at length. The Committee decided to accede to the request and allowed EOP extension of 2 Advance Authorization No.0710114362 dated 02.01.2019 & 0710115278 dated 13.08.2019 for a further period of 6 months from the date of endorsement subject to payment of composition fee @ 1% per month of the extension period granted, as above, on the unfulfilled FOB value. This is last and final EOP extension. The firm shall approach RA within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Bangalore)

Case No. 08 M/s. JB Khokhani & Co., Mumbai F.no. HQRPRCAPPLY00379382AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: EOP extension against Advance Authorization No.0310831414 dated 06.09.2019.

The applicant stated that since February 2020 has been very difficult times not only for exporters but also entire country. In this pandemic times, the exporters are trying hard to keep up to their commitments and earn the much required Foreign Exchange for the country. They have availed the subject authorisation benefit to import Duty Free raw material. Since, the issue of the said authorisation they have started export & import transaction as per policy. But by the time due to lock down they suffers sometime of order cancellation, lack of orders, rate fluctuations etc. They have fulfilled Export and Import under the license around 90%. They have already taken 2 EOP from RA, Mumbai. They are facing enough hardships losses during the 1° and 2"? lockdown and any issues might just break down the entire exporter community. Hence, they are requesting for EOP extension for a further period of 2 or 4 months.

rdships losses during the 1° and 2"? lockdown and any issues might just break down the entire exporter community. Hence, they are requesting for EOP extension for a further period of 2 or 4 months.

Decision: The Committee examined the case on the basis of justification submitted by the applicant and discussed the matter at length. The Committee decided to allow EOP extension of Advance Authorization No.0310831414 dated 06.09.2019 for a period of 6 months from the date of endorsement subject to payment of composition fees @0.5% per month 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 of the extension period granted as above, on the unfulfilled FOB Value. This is last and final EOP extension. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Mumbai)

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Case No. 09 M/s. Svitch Energy Pvt. Ltd., Anmedabad F.no. HQRPRCAPPLY00390052AM22

Meeting No.10/AM23 held on 27.07.2022

Subject: EOP Extension against Advance Authorisation No.0810147367 dated 02.03.2020.

The applicant stated that they had submitted their application for EOP extension in RA on 02.03.2022 with payment of application fees /composition fees of Rs.93176.49. Unfortunately, they have received a rejected for not completed 50% obligation of the first block. The license was procured in March 2020 post which there was a very heavy lockdown across the worked for almost 1 year as it was the 1* wave and it actually made sure that no such export activity happened since their units were close, there were no orders nor there was a single foreign transaction. Post the 1* pandemic wave of Covid-19, they started on the marketing of their e-bikes but again with the entry of 2"? wave of the pandemic Covid-19, they again lost a major amount of time which is why they could not even fulfil 50% of the first block of their obligation in terms of quantity as well as value. Since, market has now started picking up they are sure with their constant efforts they will be able to complete the entire obligation without any further extension in the future.

Hence, they are requesting for extension of EOP to complete the exports.

th their constant efforts they will be able to complete the entire obligation without any further extension in the future.

Hence, they are requesting for extension of EOP to complete the exports.

Decision: The Committee having examined the case on the basis of justification submitted by the applicant and discussed the matter at length. The Committee decided to allow EOP extension of Advance Authorization No.0810147367 dated 02.03.2020 for a period of 6 months from the date of endorsement subject to payment of composition fee @ 1% per month of the extension period granted as above, on the unfulfilled FOB Value. This is last and final EOP extension. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Ahmedabad)

Case No. 10 M/s. Wacker Metroark Chemicals Pvt. Ltd., West Bengal F.no. HQRPRCAPPLY00344518AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: Clubbing of 2 Advance Authorization No.0210206703 dated 19.05.2016 & 0210208363 dated 25.04.2018.

The applicant stated that they are complying with all the other conditions of the clubbing para and dealing with international FMCG companies where the demand changes too fast. However, since the inputs are common, they manage to complete the exports. Albeit not within the timeline of the individual advance authorisation, therefore, they are seeking relaxation of this condition (AA to be issued within 18 months) so that the clubbing application can be approved from RA against Advance Authorisation

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No.0210206703 dated 19.5.2016 and 0210208363 dated 25.04.20018 and to close the cases.

Decision: The Committee discussed the case at length and found no merit or hardship in the arguments made by the firm and hence it decided to reject the request of the firm.

Case No. 11 M/s. Almelo Private Limited, Hyderabad F.no. HQRPRCAPPLY00367259AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: Clubbing of 2 Advance Authorization No.0910035007 dated 11.08.2008 & 0910035079 dated 14.08.2008 for issue of EODC.

The applicant stated that they got re-fixation of Norms in Norms Committee Meeting No.NC/3/MEET/Jul/202122/4 Case No.A-24, for the above 2 advance authorisations. After getting the Norms copy, immediately they have submitted request letter along with ANF-4C for discharge of EO of 2 Advance Authorisation No.0910035007 dated 11.08.2008 and 0910035079 dated 14.08.2008 on 08.10.2021 to RA. Based on their request they have been issueda letter stating that request for clubbing and discharge of EO cannot be considered as per Para 4 PN No.70 dated 30.01.2019. These licenses are not eligible for clubbing as both the were issued before 31.03.2019. While re-fixation of the Input-Output Norms, the imports under both the Advance Licences are taken together and while the export performance under both the AA are taken together. They explained the same position to RA but not considered. They have done the export performance under the 2 advance authorisations, due to technical reasons under above cited notification, they are unable to get the EODC for the above mentioned 2 advance authorisations. Hence, they are requesting for clubbing the two said authorisations and issue EODC.

under above cited notification, they are unable to get the EODC for the above mentioned 2 advance authorisations. Hence, they are requesting for clubbing the two said authorisations and issue EODC.

Decision:The Committee went througt the submission made by the applicant and discussed the matter at length. The Committee decided to allow clubbing of 2 Advance Authorization No.0910035007 dated 11.08.2008 & 0910035079 dated 14.08.2008 for regularization purpose only. The other terms and conditions for clubbing shall remain same as per policy/HBP provisions. The firm shall approach RA within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Hyderabad)

Case No. 12 Mis. Jain Irrigation Systems Ltd., Jalgaon F.no. HQRPRCAPPLY00385038AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: Revalidation of Advance Authorization No.0310834716 dated 07.02.2020.

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The applicant has stated that during the license period, they are unable to fulfil the imports activities due to following reasons; (i) Due to Corona Pandemic situation whole country was lockdown and foreign suppliers are not able to supply the required raw material /additives in time. (ii) Foreign vessels are lease available for import of required goods. (iii) Petroleum prices going high hence cost of Sea Freight, transportation and raw material /additives become to much high. (iv) The slackness/less demand in the international markets. (v) As demand was slow down of their finished goods, they have completed their exports from their maintain inventory in Corona Pandemic situation and (vi) Their import is balance due to maintain inventory stock. They have completed order from their readily finish goods available in their factory. Now, the pandemic situation is under control and most of the countries become unlocked. Hence, they are requesting for revalidation of above licence to import balance raw material.

Decision: The Committee examined the case on the basis of statement made by the firm and discussed the matter at length. The Committee decided to accede to the request of the firm and allowed revalidation for a period of 6 months from the date of endorsement of Advance Authorisation No.0310834716 dated 07.02.2020. This is last and final revalidation. The firm shall approach RA within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Mumbai)

Case No. 13 M/s. Vedanta Ltd., New Delhi F.no. HARPRCAPPLY00387453AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: Revalidation of 3 Advance Authorizations No.(i) 0510411482 dated 09.08.2019, (ii) 0510413298 dated 13.01.2020 & (iii) 0510413672 dated 20.02.2020.

The applicant stated that with reference Hon’ble Supreme Court order dated 10.01.2022. In terms of Para 5(Ill) of the said order, where limitation has expired between 15.03.2020 till 28.02.2022, limitation period of 90 days shall be available from 01.03.2022 and if actual balance period of limitation is more than 90 days, the longer period shall apply. They wish to refer to judgment dated 08.02.2022 in WP No.3049/2022 wherein time limit has been extended in respect of refund claimed under GST law. In view of the above judgement validity of the Advance Authorisation No.(1) 0510411482 dated 09.08.2019 was expired on 09.8.2021 (2) 0510413298 dated 13.01.2020 was expired on 12.01.2022 and (3) 0510413672 dated 20.02.2020 was expired on 20.02.2022. Since the limitation period of the Advance Authorization (15.03.2020 — 28.02.2022) falls under the purview of the above para, therefore extension of 90 days will be applicable w.e.f. 01.03.2022. Hence, they are requesting for revalidation of above mentioned 3 advance authorisations.

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view of the above para, therefore extension of 90 days will be applicable w.e.f. 01.03.2022. Hence, they are requesting for revalidation of above mentioned 3 advance authorisations.

Page 10 of 32

Decision: The Committee discussed the case on the basis of submission made by the applicant and it observed that there is merit in the case. Accordingly, it decided to accede to the request and allowed revalidation for a period of 6 months from the date of endorsement of 3 Advance Authorisation No.(i) 0510411482 dated 09.08.2019, (ii) 0510413298 dated 13.01.2020 & (iii) 0510413672 dated 20.02.2020. This is last and final revalidation. 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. 14 M/s. Ratnamani Metals & Tubes Ltd., Anmedabad F.no. HQRPRCAPPLY00397142AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: Revalidation of Advance Authorization No.0810146842 dated 26.12.2019.

The applicant stated that they had fulfilled export obligation 99% in terms of Qty. and 101% in terms of Value. The import made and balance import quantity of 35.73% available in the license. They have procured material indigenously /imported for manufacture of said export products and those were exported to the foreign buyers. However, the major raw material (SS HR Coils/Plate) which is containing 35% worth from total allowed import is still pending for import. They have been granted revalidation for 24 months i.e. up to 26.12.2021, but could not make import due to worldwide Covid. Due to Covid-19 pandemic in the world and fluctuation in international steel market, it’s very bad impact on their business. Their order booking is affected and due to payment crisis their cash flow also affected very badly. They have to work with 50% manpower and during the whole year they could not able to achieve sales targets. Company is suffering from the lack of order. Due this they were unable to import Coils/Plates within the extended validity period of the advance authorisation. They neither avail duty draw back nor imported duty free material under advance authorisation, because of the export items were exported under advance authorisation and all this is leading them to huge losses in export orders. Hence, they are requesting for revalidation for further period of six months from the date of endorsement so that they can procure /import the balance quantity available under the subjected license.

ence, they are requesting for revalidation for further period of six months from the date of endorsement so that they can procure /import the balance quantity available under the subjected license.

Decision: The Committee went through the statement made by the firm and discussed the matter at length. The Committee decided to accede to the request of the firm and allowed revalidation of Advance Authorization No.0810146842 dated 26.12.2019 fora further period of 6 months from the date of endorsement. This is last and final revalidation. The firm shall approach RA concerned within 30 days of the uploading of the minutes of meeting.

(Action: Applicant/RA-Ahmedabad)

Case No. 15 Mis. Sterlite Power Transmission Ltd., New Delhi F.no. HQRPRCAPPLY00338983AM22 ,

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Meeting No.10/AM23 held on 27.07.2022

Subject: Revalidation of 2 Advance Authorization No.0310830803 dated 05.08.2019 & 0310832137 dated 10.10.2019.

The applicant has stated that the import validity period was 12 months and same was extended by RA for another one year. During this period the Covid-19 outbreak was spreading and a nationwide lockdown was imposed. The company made all efforts to procure the letter of credit timely however due to the lockdown and general shortage of manpower across the country there was a delay in procuring the letter of credit. Against this delay which was caused by reasons beyond the company’s control, the suppliers cancelled the purchase order place by the company. After withdrawal of the lockdown order, the government made certain relaxations with respect to extension of deadlines. The company was not eligible to seek this benefit since did not fit into the demarcating criteria. However, the company has also suffered equally in the given case. Additionally, after the lockdown restrictions were being relaxed the company was unable to make the requisite imports as the importing partners’ countries were facing Covid-19 restrictions in the exporting country. Hence, they are requesting for revalidation of six months to complete the import.

requisite imports as the importing partners’ countries were facing Covid-19 restrictions in the exporting country. Hence, they are requesting for revalidation of six months to complete the import.

Decision: The Committee examined the case on the basis of statement made by the firm and discussed the matter at length. The Committee decided to accede to the request of the firm and allowed revalidation for a period of 6 months from the date of endorsement of 2 Advance Authorisation No.0310830803 dated 05.08.2019 & 0310832137 dated 10.10.2019. This is last and final revalidation. The firm shall approach RA within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Mumbai)

Case No. 16 M/s. Key Exports, Mumbai F.no. HQRPRCAPPLY00343512AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: Revalidation of Advance Authorization No.0310834760 dated 11.02.2020.

The applicant stated that they have not been able to import full quantity of raw material due to following reasons; (a) Due to pandemic the most of the business operations worldwide were closed. Hence they did not get supplies of their import of raw material and they could not meet their deadline of import and export. (b) From July 2020 till November, 2020 there was exponential increase in prices of polymers all over the world and they were unable to import their required quantity at their targeted affordable rates which in-turn hampered their production and exports as well. This is another reason they could not meet their deadline of import and export. (c) Due to acute shortage of containers, ocean freight from India to anywhere in the world rose by 20% - 60% from August 2020. This was one of the major blow on low value export products like them to A Page 12 of 32 —

fulfil their import and export commitments as their C&F rates were not affordable for their buyers /importers. Further stated that in spite of all the problems faced due to the pandemic, they have still exported 1126750 KGs out of 1138000 KGs mentioned on the license (99% of their license quantity) that means they have completed almost all of the export commitment. Import validity was one year till 11.02.2021. They have taken 2 revalidations so import validity date is 11.02.2022. Hence, they are requesting for revalidation for further period of one year from the date of approval /endorsement.

11.02.2021. They have taken 2 revalidations so import validity date is 11.02.2022. Hence, they are requesting for revalidation for further period of one year from the date of approval /endorsement.

Decision: The Committee discussed the case on the basis of submission made by the applicant and it observed that there is merit in the case and accordingly it decided to accede to the request and allowed revalidation for a period of 6 months from the date of endorsement of Advance Authorisation No.0310834760 dated 11.02.2020. This is last and final revalidation. The firm shall approach RA within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Mumbai)

Case No. 17 M/s. Orion Chem Pvt. Ltd., Mumbai F.no. HQRPRCAPPLY00363184AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: Revalidation of Advance Authorization No.0310828096 dated 02.04.2019.

The applicant stated that they have been issued the above authorisation and as per EO imposed, they have fulfilled their exports within stipulated time as prescribed. Accordingly, they have submitted their application to RA for redemption of thei authorisation. They have not made any imports during this period as no overseas supplier was ready to supply the goods due to lack of manpower at their end. Due to pandemic disease problem, they are unable to utilize the said authorisation for import of raw materials required for manufacture of export product. Hence, they are requesting for revalidation of 6 months for import of raw materials.

Decision: The Committee went through the statement made by the firm and discussed the matter at length. The Committee decided to accede to the request of the firm and allowed revalidation of Advance Authorization No.0310828096 dated 02.04.2019 fora further period of 6 months from the date of endorsement. This is last and final revalidation. The firm shall approach RA concerned within 30 days of the uploading of the minutes of meeting.

(Action: Applicant/RA-Mumbai)

Case No. 18 M/s. Easy Plastics Pvt. Ltd., Mumbai F.no.HQRPRCAPPLY00400212AM22 Meeting No.10/AM23 held on 27.07.2022

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Subject: Revalidation of Advance Authorization No.0310828608 dated 25.04.2019.

The applicant stated that they have fully completed the EO between the periods 25.04.2019 to 25.10.2020 which was more than 100% of EO in quantity terms and in value terms. As per the Customs Circular No.58/2004 as amended, being new exporters they are supposed to give bank guarantee for imports under advance authorisation. However, due to acute financial pressures they decided to first obtain EODC after exports to avoid giving bank guarantee. Due to Covid restrictions Nockdowns their AD bank has issued e-BRCs after 15 to 24 months from the date of realisation. Most of e-BRCs have been received in August, 2021. After received of e- BRCs due to 3” wave of Covid they have now started compiling documents for EODC. In the meantime validity of their license has expired. Subsequently, due to Covid lockdown and disruption of international trade their factory and office was closed for more than 16 months. Presently they are partially working, delay in payments, increased cost of freight charges affected their working. They have not made any imports. Now, the situation is improving and their plants are working, although below pre-covid levels. Hence, they are requesting for revalidation of above authorisation for 2/3 months from date of endorsement as a special case.

mproving and their plants are working, although below pre-covid levels. Hence, they are requesting for revalidation of above authorisation for 2/3 months from date of endorsement as a special case.

Decision: The Committee examined the case on the basis of statement made by the firm and discussed the matter at length. The Committee decided to accede to the request of the firm and allowed revalidation for a period of 6 months from the date of endorsement of Advance Authorisation No.0310828608 dated 25.04.2019. This is last and final revalidation. The firm shall approach RA within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Mumbai)

Case No. 19 M/s. Chromeni Steels Pvt. Ltd., Ahmedabad F.no. HARPRCAPPLY00360915AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: Revalidation of Advance Authorization No.0810147334 dated 25.02.2020.

The applicant stated that they have obtained the subject authorisation to procure duty free raw material. They have already made exports of more than 51%, but they are unable to import raw material till date for various reasons; (i) Their plant was closed during substantive part of 2020-21 due to nationwide lockdown imposed by government /pandemic situation caused due to Covid outbreak in the country. (ii) On June, 2021, Gujarat pollution control board (GPCB) has issued closure of office within 15 days of issue of said order. By this order GPCB has directed company to comply with the Hon'ble National Green Tribunal (NGT) Order No.OA No.55/2019 & Ministry of Environment Forest and Climate Change (MoEF & CC) letter dated 22.10.2020 and get the environment clearance (EC) from the competent authority under the EIA notification 2006. (iii) Applicability of getting Environment clearance as mentioned in point no.2 Page 14 of 32 he

and get the environment clearance (EC) from the competent authority under the EIA notification 2006. (iii) Applicability of getting Environment clearance as mentioned in point no.2 Page 14 of 32 he

above to the cold rolling stainless steel industry is still not clear as the report of Expert Appraisal Committee (EAC) constituted under the Hon'ble NGT Order No.OA No.55/2019 closed. (iv) Most of their steff is from China and they are unable to return back to India due to travel restriction imposed by the Govt. of India from time to time consequent to worldwide pandemic situation caused by Covid-19 virus. (v) They are hoping that the decision of EAC Committee to come soon so as to have clarity on the compliance of the letter issued by MoEF&CC. Hence, they are requesting for revalidation of one year from last revalidation.

Decision: The Committee discussed the case on the basis of submission made by the applicant and it observed that there is merit in the case and accordingly it decided to accede to the request and allowed revalidation for a period of 6 months from the date of endorsement of Advance Authorisation No.0810147334 dated 25.02.2020. This is last and final revalidation. The firm shall approach RA within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Ahmedabad)

Case No. 20 M/s. Mamta Polycoats, Vadodara F.no. HQRPRCAPPLY00375992AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: Revalidation of Advance Authorization No.3410045130 dated 10.05.2019.

The applicant stated that they have completed 92% export. But due to Covid-19 restrictions and huge freight charges, they were not able to make the import. In between the authorisation import validity got expired. They have applied for revalidation with concerned RA, Vadodara, but since, validity totally expired, RA have not issued revalidation. The initial validity for import was up to 10.11.2020. Hence, they are requesting for revalidation of 6 months.

Decision: The Committee went through the statement made by the firm and discussed the matter at length. The Committee decided to accede to the request of the firm and allowed revalidation of Advance Authorization No.3410045130 dated 10.05.2019 fora further period of 6 months from the date of endorsement. This is last and final revalidation. The firm shall approach RA concerned within 30 days of the uploading of the minutes of meeting.

(Action: Applicant/RA-Vadodara)

Case No. 21 M/s. Vimbri Enterprises, Delhi F.no. HQRPRCAPPLY00346977AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: Revalidation of 2 DFIANo.(i) 0210174524 dated 23.02.2012 and (ii) 0210180163 dated 24.07.2012. be'

Page 15 of 32

:

This is review case of PRC Meeting No.16/AM22 dated 29.11.2021 (Case No.90), wherein the Committee did not allow revalidation of above 2 DFIA as the same is found without any merit. The applicant stated that they have submitted their application to RA for issue of EODC, Transferability and revalidation of DFIA. However, after 8 months on 03.05.2019 they have received a mail for RA asking to submit some information /documents. On 17.05.2019 they have submitted the information /documents required by them. On 11.12.2019 they have sent a mail to RA requesting them to issue of EODC, Transferability and Revalidation of DFIA. Finally on 09.01.2020 which is again after 8 months of submission they had been issued EODC, Transferability and revalidation of DFIA by mentioning the individual CIF values by revalidating the DFIA up to 09.07.2020. Immediately they have requested to amend the DFIA by deleting the individual CIF values endorsed in the DFIA. On 07.02.2020 which is after 1 month they had issued the amendment letter by deleting the CIF values. From 21.03.2020 onwards due to 1° wave of Covid-19 pandemic lockdown has been imposed. After they got the DFIA almost only 30 days they are having time to utilize the time due to lockdown. After that on 25.06.2020 their DFIA was revalidated up to 09.01.2021 vide Notice No.57/2015-2020 dated 31.03.2020. However, since Covid-19 pandemic continued they were unable to use DFIA.

o lockdown. After that on 25.06.2020 their DFIA was revalidated up to 09.01.2021 vide Notice No.57/2015-2020 dated 31.03.2020. However, since Covid-19 pandemic continued they were unable to use DFIA. Hence, they are requesting for revalidation for 6 months from the date of endorsement to utilize the DFIA.

Decision: The Committee reviewed the case on the basis of justification furnished by the firm and observed 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 the earlier decision of PRC in its Meeting No.16/AM22 dated 29.11.2021 (Case No. 90).

(Action: Applicant)

Case No. 22 M/s. Bismi Cashew Company, Kerala F.no. HARPRCAPPLY00349909AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: Revalidation of 2 DFIA No.1011000212 dated 09.04.2021 and 1011000221 dated 12.04.2021.

The applicant stated that while registering the license with Customs some technical error occurred, so they cannot clear their import consignments. They had approached both Customs and DGFT. They received an intimation that the error rectified, but while checking in the Customs site the error remains same as previous. Without inputting the license against bill of entries they cannot confirm whether error has been rectified. As the import seasons are over right now they have no import consignments for checking with and the next seasons will start only by the end of May 2022. Hence, they are requesting for revalidation for further period of 12 months against above DFIA.

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Decision: The Committee discussed the case on the basis of submission made by the applicant and it observed that there is merit in the case and accordingly it decided to accede to the request and allowed revalidation for a period of 6 months from the date of endorsement of 2 DFIA No.1011000212 dated 09.04.2021 and 1011000221 dated 12.04.2021. This is last and final revalidation. The firm shall approach RA within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Cochin)

Case No. 23 M/s. Addon Export House Limited, Mumbai F.no. HQRPRCAPPLY00376984AM22 Meeting No.10/AM23 held on 27.07.2022 '

Subject: Revalidation of DFIA No.0310831261 dated 27.08.2019.

The applicant stated that they have been exporting Textile under claim of DFIA in terms of Para 4.25 of FTP 2015-20. Their DFIA was valid up to 31.08.2020 and due to unprecedented situation as a result of outbreak Covid-19 pandemic it has become difficult for them to claim any benefit against the subject authorisation due to following reasons: (a) The textile manufacturing activities abruptly came to the grinding halt due to imposing lockdown and similar kind of restrictions imposed by the government due to the outbreak ofCovid-19 pandemic in the larger interest. Their textiles were under nonessential category and labour intensive sector units. (b) The above unprecedented situation caused a sharp decline in domestic demand from the retailer sector which eventually resulted into the acute recession in the economic activities in the country and importation was also adversely hit by this reason. (c) Due to the difficult situation as explained above it was difficult to find the buyer to transfer the subject authorisations. Also the port congestions deterred to importers from committing fresh imports. (d) Most of the countries from where the textile products are imported were also reeling under Covid waves and the suppliers were also not ready to supply the goods. (e) Global container shortage also added to the importability concern as the freight charges were sometimes more than the value of goods during the Covid period.

e also not ready to supply the goods. (e) Global container shortage also added to the importability concern as the freight charges were sometimes more than the value of goods during the Covid period. Now with easing of Covid restrictions by Central and State Government in the gradual manner is helping industries getting to pre-pandemic level and now they are hopeful of transferring their DFIA. Hence, they are requesting for revalidation of the subject DFIA for six months from the date of endorsements.

Decision: The Committee examined the case on the basis of statement made by the firm and discussed the matter at length. The Committee decided to accede to the request of the firm and allowed revalidation for a period of 6 months from the date of endorsement of DFIANo.0310831261 dated 27.08.2019. This is last and final revalidation. The firm shall approach RA within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Mumbai)

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Case No. 24 M/s. Royal Food Exporters, Kerala F.no. HQRPRCAPPLY00382600AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: Revalidation of 2 DFIA No.1011000103 dated 24.02.2021 & 1011000104 dated 24.02.2021.

The applicant stated that the Customs site it shows the wrong port of registration INCNB1 instead of INTUT1. The port of registration corrected at Customs site on 06.09.2021. Moreover the shipping bill details is not shown in DFIA licenses and the FOB value is Rs. is blank. They have registered complaint, but at the time of processing to clear import through these licenses the system shows the erro code 413 and shows the license is invalid/expired. The license is validity is expired on 23.02.2022. They are facing many technical issues against these licenses from the date of issue and validity of license expired. Hence, they are requesting for revalidation of 12 months to utilized the licence. Decision: The Committee went through the statement made by the firm and discussed the matter at length. The Committee decided to accede to the request of the firm and allowed revalidation of 2 DFIA No.1011000103 dated 24.02.2021 & 1011000104 dated 24.02.2021 for a further period of 6 months from the date of endorsement. This is last and final revalidation. The firm shall approach RA concerned within 30 days of the uploading of the minutes of meeting.

(Action: Applicant/RA-Cochin)

Case No. 25 Mis. Solaire Impex Private Limited, Anmedabad F.no. HQRPRCAPPLY00382489AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: Revalidation of DFIA No.0810146114 dated 11.09.2019.

The applicant stated that they have been exporting Textile under claim of DFIA in terms of Para 4.25 of FTP 2015-20. Their DFIA was valid up to 30.09.2020 and due to unprecedented situation as a result of outbreak Covid-19 pandemic it has become difficult for them to claim any benefit against the subject authorisation due to following reasons: (a) The textile manufacturing activities abruptly came to the grinding halt due to imposing lockdown and similar kind of restrictions imposed by the government due to the outbreak ofCovid-19 pandemic in the larger interest. Their textiles were under nonessential category and labour intensive sector units. (b) The above unprecedented situation caused a sharp decline in domestic demand from the retailer sector which eventually resulted into the acute recession in the economic activities in the country and importation was also adversely hit by this reason. (c) Due to the difficult situation as explained above it was difficult to find the buyer to transfer the subject authorisations. Also the port congestions deterred to importers from committing fresh imports. (d) Most of the countries from where the textile products are imported were ae reeling under Page 18 of 32 aaa

ations. Also the port congestions deterred to importers from committing fresh imports. (d) Most of the countries from where the textile products are imported were ae reeling under Page 18 of 32 aaa

Covid waves and the suppliers were also not ready to supply the goods. (e) Global container shortage also added to the importability concern as the freight charges were sometimes more than the value of goods during the Covid period. Now with easing of Covid restrictions by Central and State Government in the gradual manner is helping industries getting to pre-pandemic level and now they are hopeful of transferring their DFIA. Hence, they are requesting for revalidation of the subject DFIA for six months from the date of endorsements.

Decision: The Committee discussed the case on the basis of submission made by the applicant and it observed that there is merit in the case and accordingly it decided to accede to the request and allowed revalidation for a period of 6 months from the date of endorsement of DFIA No.0810146114 dated 11.09.2019. This is last and final revalidation. The firm shall approach RA within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Ahmedabad)

Case No. 26 M/s. Gulabdas International Trading LLP, Mumbai F.no. HQRPRCAPPLY00381923AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: Revalidation of DFIA No.0310832487 dated 25.10.2019

The applicant stated that they have been exporting Textile under claim of DFIA in terms of Para 4.25 of FTP 2015-20. Their DFIA was valid up to 31.10.2020 and due to unprecedented situation as a result of outbreak Covid-19 pandemic it has become difficult for them to claim any benefit against the subject authorisation due to following reasons: (a) The textile manufacturing activities abruptly came to the grinding halt due to imposing lockdown and similar kind of restrictions imposed by the government due to the outbreak ofCovid-19 pandemic in the larger interest. Their textiles were under nonessential category and labour intensive sector units. (b) The above unprecedented situation caused a sharp decline in domestic demand from the retailer sector which eventually resulted into the acute recession in the economic activities in the country and importation was also adversely hit by this reason. (c) Due to the difficult situation as explained above it was difficult to find the buyer to transfer the subject authorisations. Also the port congestions deterred to importers from committing fresh imports. (d) Most of the countries from where the textile products are imported were also reeling under Covid waves and the suppliers were also not ready to supply the goods. (e) Global container shortage also added to the importability concern as the freight charges were sometimes more than the value of goods during the Covid period.

e also not ready to supply the goods. (e) Global container shortage also added to the importability concern as the freight charges were sometimes more than the value of goods during the Covid period. Now with easing of Covid restrictions by Central and State Government in the gradual manner is helping industries getting to pre-pandemic level and now they are hopeful of transferring their DFIA.

Hence, they are requesting for revalidation of the subject DFIA for six months from the date of endorsements.

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Decision: The Committee having examined the case on the basis of statement made by the firm and discussed the matter at length. The Committee decided to accede to the request of the firm and allowed revalidation for a period of 6 months from the date of endorsement of DFIA No.0310832487 dated 25.10.2019. This is last and final revalidation. The firm shall approach RA within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Mumbai)

Case No. 27 M/s. Exide Industries Ltd., Kolkata F.no. HARPRCAPPLY00378533AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: Re-issue DFIA against unutilized DFIA No.0211000404 dated 11.03.2021.

The applicant stated that they have been exporting all types of Lead Acid Storage Batteries of all types Battery Cells both automotive, industrial and Traction Batteries. They are presently under post export transferable DFIA under chapter-4 of policy. Further, stated that this license was issued on 11.03.2021 with a negative value addition. The FOB value is Rs.185195740.93 and CIF Value is Rs.223143557.05. They could not utilize the license till date. They have raised several tickets with DGFT helpdesk, but till date no resolution. In view of their SION SI.No.is C-1058 which does not provide individual item Wise Value Restriction. So remove the individual item wise value restriction from all their inputs so that if they do not import any item that unutilized value can be utilized for the other input if required or re-issue the license.

Decision: The Committee discussed the case on the basis of submission made by the applicant and it observed that firm was unable to utilise the DFIA due to negative value addition. Accordingly, it decided to remand back the case to RA, Kolkata for re-issue of DFIA against unutilized DFIA No.0211000404 dated 11.03.2021 as per the Policy Provisions along with the validity of 6 months from the date of issue. The firm shall approach RA within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-Kolkata)

Case No. 28 M/s. Glenmark Pharmaceuticals Ltd., Mumbai F.no. HQRPRCAPPLY00338697AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: To count the export of 2 Shipping Bills No.5414026 dated 24.09.2020 & 5444482 dated 25.09.2020 against Advance Authorization No.0310835633 dated 18.04.2020 towards redemption / regularization purpose only.

The applicant stated that they have obtained the subject advance authorisation with UQC for export product in PACKS and import item in KG. In order to improve data quality, JNPT Custom on 18.8.2020 issued a PN No.101/2020 for streamlining of UQC Page 20 of 32 jh

in Bill of Entry and Shipping Bills. They have accordingly issued revised list of UQC and removed PACKs with few other UQC from Custom system. Due to these sudden changes in Customs system, they are unable to export finish products against the Advance Authorisation having UQC as “PACKS”. They have decided to clear their export shipment under “FREE/BRAND RATE DBK (9801) with Zero DBK by mentioning the Advance Licence details on Custom Invoice & Shipping Bills to get it account at the time of redemption. Later they have also amended the advance authorisation on UQC as “Numbers”. Hence, they are requesting to count the export made under 2 shipping bills against above mentioned Advance Authorisation for regularization and closure purpose.

e authorisation on UQC as “Numbers”. Hence, they are requesting to count the export made under 2 shipping bills against above mentioned Advance Authorisation for regularization and closure purpose.

Decision: The Committee went through the statement made by the firm in its application and noted that the facts of the case have not been clearly specified by the firm and hence it decided to call the firm for Personal Hearing.

(Action: Applicant/PRC)

Case No. 29 M/s. Glenmark Pharmaceuticals Ltd., Mumbai F.no. HQRPRCAPPLY00347528AM22 Meeting No.10/AM23 held on 27.07.2022

Subject: To count the export made through 10 free Shipping Bills towards fulfilment of EO against Advance Authorisation No.0310831647 dated 19.09.2019.

The applicant stated that they have obtained the subject advance authorisation with UQC for export product in PACKS and import item in KG. In order to improve data quality, JNPT Custom on 18.8.2020 issued a PN No.101/2020 for streamlining of UQC in Bill of Entry and Shipping Bills. They have accordingly issued revised list of UQC and removed PACKs with few other UQC from Custom system. Due to these sudden changes in Customs system, they are unable to export finish products against the Advance Authorisation having UQC as “PACKS”. They have decided to clear their export shipment under “FREE/BRAND RATE DBK (9801) with Zero DBK by mentioning the Advance Licence details on Custom Invoice & Shipping Bills to get it account at the time of redemption. Later they have also amended the advance authorisation on UQC as “Numbers”. Hence, they are requesting to count the export made under 10 shipping bills against above mentioned Advance Authorisation for regularization and closure purpose.

authorisation on UQC as “Numbers”. Hence, they are requesting to count the export made under 10 shipping bills against above mentioned Advance Authorisation for regularization and closure purpose.

Decision: The Committee went through the statement made by the firm in its application and noted that the facts of the case have not been clearly specified by the firm and hence it decided to call the firm ior Personal Hearing. (Action: Applicant/PRC) Case No. 30 M/s. Ashmit Exports, Bhadohi F.no. HARPRCAPPLY00169845AM22 HARPRCAPPLY00169845AM22 4 —

Case No. 30 M/s. Ashmit Exports, Bhadohi F.no. HARPRCAPPLY00169845AM22 HARPRCAPPLY00169845AM22

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.

Meeting No.10/AM23 held on 27.07.2022

Subject: To allow MEIS benefit against 2 Shipping Bill No.8466533 dated 05.09.2017 & 8466536 dated 05.09.2017.

The applicant stated that they have filed the paper for relaxation of 100% late cut on their MEIS Licence. The details of shipping bills are as below:

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----- Start of picture text -----<br> =—- = no. Date of BRC\Date of<br>4 uploading Realization<br>2 —s_s*8__——s—s«((8 46653 63 05.09.2017 030 . 10 2.2021 2712 .0 91 .2021<br>----- End of picture text -----<br>

Now they are requesting to allow MEIS benefit against the above mentioned 2 shipping bills.

Decision: The Committee discussed the case on the basis of the statements 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 of the firm.

(Action: Applicant)

Case No. 31 M/s. UNI VTL Precision Pvt. Ltd., Karnataka F.no.HQRPRCAPPL.Y00341630AM22 Meeting No.10/AM23 held on 29.07.2022

Subject: Permission to utilize excess quantity exported under 2 Advance Authorizations No.0310781348 dated 12.05.2014 & 0310787636 dated 05.08.2014 (which was already redeemed) against the Advance _ Authorizations No.0710107314 dated 31.12.2014 & 071010715 dated 31.12.2014 (issued from different RA) for regularization/redemption purpose only. The applicant stated that they have been issued Advance Authorisation No.0310781348 dated 12.05.2014 & 0310787636 dated 05.08.2014 by RA, Mumbai and for similar product RA, Bangalore had issued Advance Authorisation No.0710107314 dated 31.12.2014 & 071010715 dated 31.12.2014. While exporting against Advance Authorisation No.0310781348 dated12.05.2014 and 0310787636 dated 05.08.2014, by oversight, they had exported excess quantity and have redeemed the said Advance Authorisations. In another licences issued by RA, Bangalore, they are following short quantity and due to licences were issued by different RAs and already been redeemed ; so Clubbing of licence are not possible. Now, they are requesting to grant permission to utilize the excess quantity exported under AA No.0310781348 dated 12.05.2014 & 0310787636 dated 05.08.2014 to adjust against shortfall in quantity of AA No. 0710107314 dated 31.12.2014 & 071010715 dated 31.12.2014 for regularization/redemption purpose. . Page 22 of 32 _

14 & 0310787636 dated 05.08.2014 to adjust against shortfall in quantity of AA No. 0710107314 dated 31.12.2014 & 071010715 dated 31.12.2014 for regularization/redemption purpose. . Page 22 of 32 _

Decision: The Committee after examining the case in detail, it decided to reject the request of the firm as the same was found to be without any merit.

(Action: Applicant)

Case No. 32 M/s. Goldstar Jewellery, Chennai F.no. HQRPRCAPPLY00343886AM22 Meeting No.10/AM23 held on 29.07.2022

Subject: Condonation of 14 days delay in completing export obligation with respect to only 470 grams of Gold out of 2 kgs.

The applicant stated that they had purchased 2 KG of Gold from MMTC on 18.06.2020 and after doing value addition and making them as Gold Jewellery they had exported the same on 11.09.2020 and on 29.09.2020. As per para 4.83 of FTP 2015-20 , they have to export the finished goods (Jewellery) within 90 days of such purchase, i.e. by 15.09.2020. But due to the intensity of the Covid-19 pandemic and the lockdown announced by the government, causing efflux of migrant workers, manufacture of minimal part of finished jewellery was delayed, so also consequent export was made on 29.09.2020. As such, there is a delay of 14 days in completing EO with respect to only 470 gms of gold out of 2 Kg. Now they are requesting to condone the delay in fulfilment of EO in terms of P.N.No.67/2015-2020 dated 31.03.2020 and PN No. 20/2015-2020 dated 06.08.2021.

Decision: The Committee examined the case on the basis of justification submitted by the applicant and discussed the matter ai length and it decided to accede to the request for condonation of 14 days delay in export of Gold Jewellery (for 470 grams of Gold out of 2 Kilograms) beyond the prescribed limit of 90 days from the date of procurement of Gold from Nominated Agency for regularization purpose only.

(Action: Applicant)

y (for 470 grams of Gold out of 2 Kilograms) beyond the prescribed limit of 90 days from the date of procurement of Gold from Nominated Agency for regularization purpose only.

(Action: Applicant)

Case No. 33 M/s. AVO Carbon India Pvt. Ltd., Chennai F.no. HQRPRCAPPLY00369271AM22 Meeting No.10/AM23 held on 29.07.2022

Subject: To accept the supply of goods to 100% EOU (Deemed Export) towards fulfilment of EO against Advance Authorisation No.0410147950 dated 11.07.2013.

The applicant stated that the subjected advance authorisation was issued to them under No-norms from RA, Chennai and got it ratified vide Norms Committee approval against Meeting No.11/81 dated 15.10.2014. While submission of redemption application on 19.07.2019 with RA, Chennai, they had received deficiency letter dated 04.09.2020 intimating that ‘you have made all exports to 100% EOU wherein Norms Committee had considered your case, only for physical exports. Therefore, advised to pay duty with Page 23 of 32 A

interest for the entire imports made against this AA and to furnish evidence of documents for the duty with interest paid to the Customs’. They have again approached for review at NC-II, but rejected their request on the ground that, the applicant has not applied for revision of ratified norms instead they have requested to make amendment in the condition by inclusion of EO fulfilment by Deemed Export in the ratified norms. Now they are requesting to consider their Deemed Exports done towards fulfilment of EO against the above mentioned advance authorisation.

on of EO fulfilment by Deemed Export in the ratified norms. Now they are requesting to consider their Deemed Exports done towards fulfilment of EO against the above mentioned advance authorisation.

Decision: The Committee having examined the case on the basis of justification provided by the firm along with the report received from RA, Chennai and discussed the matter at length. The Committee observed that there is merit in the case and accordingly, it decided to accept the supply of goods to 100% EOU (Deemed Export) towards fulfilment of EO against Advance Authorisation No.0410147950 dated 11.07.2013 provided AA holder avails only such duty exemption benefits as are available for such supplies in terms of Para 4.14 of the FTP 2015-20. The firm shall approach RA concerned within 30 days of the uploading of the minutes of meeting.

(Action: Applicant/RA-Chennai)

Case No. 34 M/s. Mercedes-Benz Research & Development India Pvt. Ltd., Bengaluru F.no. HQRPRCAPPLY00347472AM22 Meeting No.10/AM23 held on 29.07.2022

Subject: To import of one RHD used Mercedes Vehicle from Bangalore / Chennai /Mumbai Air ports for R&D testing purposes only; and registration with RTO to ply on public road for on-road condition testing for research & development and not for any other use after registration in terms of DGFT Notification No.14 dated 28.08.2019.

The applicant stated that the key area of focus of MBRDI is to support research and , product development and Daimler IT in SEZ MBRDI operates as service provider and executes engineering design service and software development activities on behalf of DAG and its other affiliates. They, inter-alia perform services in the nature of testing of vehicles and vehicle components. As part of the operations, they are proposing to provide certain testing services to in relation to specific car models. To render its services, they requires import one RHD used Mercedes Benz S Class vehicle at Bangalore/Chennai/Mumbai Air Ports for purpose of conducting research on the Vehicles imported for R&D testing purposes only. The Policy condition Para (1) (ii)(d)(iv) restrict as the import of Second Hand or Used vehicles shall be allowed only through the customs port at Mumbai. Policy relaxation required to ply on public roads for on road condition testing for research and development after registration in terms of Notification No.14 dated 28.08.2019 and not for any other use.

icy relaxation required to ply on public roads for on road condition testing for research and development after registration in terms of Notification No.14 dated 28.08.2019 and not for any other use. The policy condition restrict as per Notification No.07 dated 08.05.2018 Para 10 as vehicles shall not ply on public roads. Hence, they are requesting to import of one RHD used Mercedes Vehicle to be permitted for import at Bangalore / Cliennai /Mumbai Air ports for the purpose of Page 24 of 32 dE

,

conducting research on the vehicles imported for R&D testing purposes only and to allow the imported vehicle for registration with RTO to ply on public road for on-road condition testing for research & development and not for any other use after registration in terms of DGFT notification no.14 dated 28.08.2019. EngineID_CC*‘éi5GQBOBOB“GGAss FuritypeCi*“‘‘éiPe@trcg_—<e C“‘CNC;*;CS alue

Decision: The Committee examined the case on the basis of justification provided by the firm and decided to accede to the request of the firm to import one right hand drive used Mercedes Vehicle from Bangalore/Chennai/Mumbai Airports for R&D Testing purposes and its playing on Indian roads subject to necessary permission of Ministry of Road Transport & Highways (MoRTH).

(Action: Applicant)

Case No. 35 M/s. Regency Spices LLP, Mumbai F.no.HQRPRCAPPLY00363947AM22 Meeting No.10/AM23 held on 29.07.2022

Subject: Condonation of delay in submission of Physical copy of 04 TMA applications file no.(i) MUMTMAAPPLY00121500AM22 dated 15.11.2021, (ii) 032110251292AM21 dated 23.11.2020, (iii) 032110251245AM21 dated 30.12.2020 and (iv) 032110251244AM21 dated 28.12.2020.

The applicant stated that they were unable to submit their file earlier as all their documents were kept in office. The office was completely closed for a prolonged period due to the Covid-19 Pandemic. Moreover, their staff had no access to the documents as they had to follow work from home guid:3lines imposed by the government. They have submitted their above applications online on 15.11.2021, 23.11.2020, 30.12.2020 and 28.12.2020 and physical copy of application submitted on 21.01.2022, 14.12.2020, 24.03.2021 and 24.03.2021. Hence, they are requesting to condone the delay in submission of physical copy of above mentioned 04 TMA applications.

Decision: The Committee discussed the case on the basis of justification submitted by the applicant and observed that due to various restrictions imposed on account of Page 25 of 32 de —

cations.

Decision: The Committee discussed the case on the basis of justification submitted by the applicant and observed that due to various restrictions imposed on account of Page 25 of 32 de —

ongoing lockdown during the period of Covid-19 Pandemic, firm has faced the problem which was beyond their control. Accordingly, the Committee decided to accede to the request for condonation of delay in submission of physical copy of 4 TMA applications File No.(i) MUMTMAAPPLY00121500AM22 dated 15.11.2021, (ii) 032110251292AM21 dated 23.11.2020, (iii) 032110251245AM21 dated 30.12.2020 and (iv) 032110251244AM21 dated 28.12.2020. The firm shall approach RA concerned within 30 days of the uploading of the minutes of meeting.

(Action: Applicant/RA-Mumbai)

Case No. 36 M/s. Noble Dehydrates, Rajasthan F.no. HQRPRCAPPLY00375158AM22 Meeting No.10/AM23 held on 29.07.2022

Subject: Condonation of delay in submission physical copy of 05 TMA Applications for the period (i) 01.03.2019 to 31.03.2019, (ii) 01.04.2019 to 30.06.2019, (iii) 01.07.2019 to 30.09.2019, (iv) 01.10.2019 to 31.12.2019 and (v) 01.01.2020 to 31.03.2020.

This is review case of PRC Meeting No.16/AM22 held on 29.11.2021 (Case No.01), wherein the Committee rejected the case. The applicant stated that they have submitted 05 TMA applications on 02.09.2020 against which physical files were submitted on November 2020 due to Covid-19. Due to lockdown and pandemic situation, their staff was not coming to office and doing work from home and all the documents were lying in the office. Also there were travelling restrictions due to lockdown. Also their proprietor was diagnosed with cancer in the same period and had to be isolated with everyone because there was greater changes of infection at that time as chemotherapy was done recently and delay in submission was natural in that high risk period. Therefore they could not send the applications before the due date. Hence, they are requesting to condone the delay of submission of physical copies of the above 05 TMA applications under file numbers (i) 052110250176AM21 dated 02.09.2020, (ii) 052110250177AM21 dated 02.09.2020, (iii) 052110250178AM21 dated 02.09.2020, (iv) 052110250179AM21 dated 02.09.2020 and (v) 052110250180AM21 dated 02.09.2020.

052110250176AM21 dated 02.09.2020, (ii) 052110250177AM21 dated 02.09.2020, (iii) 052110250178AM21 dated 02.09.2020, (iv) 052110250179AM21 dated 02.09.2020 and (v) 052110250180AM21 dated 02.09.2020.

Decision: The Committee reviewed and went through the submission made by the firm and discussed the matter at length. The Committee observed that due to COVID-19 Pandemic, the firm has faced the problem which was beyond their control and accordingly decided to accede to the request for condonation of delay in submission of physical copy of 5 TMA applications for the period (i) 01.03.2019 to 31.03.2019, (ii) 01.04.2019 to 30.06.2019, (iii) 01.07.2019 to 30.09.2019, (iv) 01.10.2019 to 31.12.2019 and (v) 01.01.2020 to 31.03.2020. The firm shall approach RA concerned within 30 days of the uploading of the minutes of meeting.

At the same it also decided to refer the issue of condonation of delay in submission of physical copy of TMA application to PC-6 Division for issuance of necessary instruction to RAs to accept and process all such cases at their end. . Page 26 of 32 Be

(Action: Applicant/CLA-New Delhi/PC-6 Division)

Case No. 37 M/s. Ashvin Exports and Import, Mumbai F.no. HARPRCAPPLY00381302AM22 Meeting No.10/AM23 held on 29.07.2022

Subject: Condonation of delay in submission of physical copy of 5 TMA Applications for the period (i) 01.01.2020 to 31.03.2020, (ii) 01.04.2020 to 30.06.2020, (iii) 01.07.2020 to 30.09.2020, (iv) 01.10.2020 to 31.12.2020 & (v) 01.01.2021 to 31.03.2021.

The applicant stated that they have applied for TMA incentive for the mentioned periods and have uploaded all necessary documents in DGFT’s portal. But due to pandemic and family health reasons, they were unable to submit the papers physically in DGFT. Thereafter as their CA was unable to physically sign the papers for lodgment of application in DGFT, they were delayed in submitting complete application to RA, Mumbai. They were totally unaware that physical lodgment of papers was mandatory as every document was signed and electronically submitted and there was no specific documents which needed physical verification. At the same time, the requirement of landing certificate too was removed via PN. Also as shipping bills were electronically transmitted to DGFT’s portal, they assumed the fact that physical documentation was not required. During these turbulent and highly difficult times they have somehow managed to continue their sensitive business, earn valuable foreign exchange and sustain their firm.

ocumentation was not required. During these turbulent and highly difficult times they have somehow managed to continue their sensitive business, earn valuable foreign exchange and sustain their firm. This incentive is the profit margin they are looking to gain from their sales considering the fact that the freignt costs are 3-4 times of pre-pandemic level. Hence, they are requesting to condone the delay in submission of physical papers to DGFT for 5 TMA File No.(i) MUMTMAAPPLY00068202AM22 for the period 01.01.2020 to 31.03.2020, MUMTMAAPPLY00068232AM22 for the period 01.04.2020 to 30.06.2020, MUMTMAAPPLY00081781AM22 01.07.2020 to 30.09.2020, MUMTMAAPPLY00081959AM22 for the period 01.10.2020 to 31.12.2020 & MUMTMAAPPLY00081962AM22 for the period 01.01.2021 to 31.03.2021. Decision: The Committee examined the case on the basis of justification submitted by the applicant and observed that due to various restrictions imposed on account of ongoing lockdown during the period of Covid-19 Pandemic, firm has faced the problem which was beyond their control. Accordingly, the Committee decided to accede to the request for condonation of delay in submission of physical copy of 5 TMA applications for the period (i) 01.01.2020 to 31.03.2020, (ii) 01.04.2020 to 30.06.2020, (iii) 01.07.2020 to 30.09.2020, (iv) 01.10.2020 to 31.12.2020 & (v) 01.01.2021 to 31.03.2021. The firm shall approach RA concerned within 30 days of the uploading of the minutes of meeting.

(Action: Applicant/RA-Mumbai)

Case No. 38 M/s. Man Industries (India) Ltd., Mumbai

Page 27 of 32

J —

F.no. HQRPRCAPPLY00408278AM22 Meeting No.10/AM23 held on 29.07.2022

Subject: Amendment of import items and Revalidation of Advance Authorization No.0310835830 dated 25.04.2020.

The applicant stated that they have obtained the above authorization for export of Alloy Steel Carbon Steel Submerged Arc Welded Pipes and import of Alloy Steel HR plates as per API Grade. They have completed the EO in full by procuring the Steel from the domestic market, as they could not import steel due to pandemic conditions in all over the world. The balance of 2800 MT steel will be imported as Non Alloy. AGP Grade is varying from X 42 to X 80 and so far they were importing the plates and coils from the manufacturer in China as the API Grade plates are special grade and the same is manufactured as per the client specifications. Also buyers are very particular in the quality of plates and the plate mills to be approved by the pipe buyers before they finalize the contract with the plate mills. It may also be noted that China Government was giving export incentives for alloy steel plates and hence the plates mills were supplying the low grade steel also as Alloy Steel. Now China Govt. has withdrawn this incentive and mills in China are started supplying all AP! Grade plates /Coils in NonAlloy Steel. Therefore they are not getting the Alloy Steel plates from the Mills in China. Finally, the export product manufactured by them is Carbon Steel Submerged Arc Welded Pipes only. The authorization is expiring on 25.04.2022 for import of balance quantity of steel.

Mills in China. Finally, the export product manufactured by them is Carbon Steel Submerged Arc Welded Pipes only. The authorization is expiring on 25.04.2022 for import of balance quantity of steel. Due to ongoing Covid-19 situations many steel mills are in China has slow down the steel and all the steel mills are fully booked till the end of this year. Therefore, they are unable to procure the steel within the validity of authorization and needs the revalidation for further 6 months.

Decision: The Committee went through the statement made by the firm and discussed the matter at length. The Committee decided to accede to the request of the firm and allowed revalidation of Advance Authorization No.0310835830 dated 25.04.2020a further period of 6 months from the date of endorsement. This is last and final revalidation. The Committee did not allows any change in item of import and export. The firm shall approach RA concerned within 30 days of the uploading of the minutes of meeting.

(Action: Applicant/RA-Mumbai)

Case No. 39 M/s. Man Industries (India) Ltd., Mumbai F.no. HQRPRCAPPLY00408330AM22 Meeting No.10/AM23 held on 29.07.2022

Subject: Amendment of import items and Revalidation of Advance Authorization No.0310835797 dated 21.04.2020.

The applicant stated that they have obta‘ned the above authorization for export of Alloy Steel Carbon Steel Submerged Arc Welded Pipes and import of Alloy Steel HR plates Page 28 of 32 =

as per API Grade. They have completed the EO in full by procuring the Steel from the domestic market, as they could not import steel due to pandemic conditions in all over the world. The balance of 18,158 MT steel will be imported as Non Alloy. AGP Grade is varying from X 42 to X 80 and so far they were importing the plates and coils from the manufacturer in China as the API Grade plates are special grade and the same is manufactured as per the client specifications. Also buyers are very particular in the quality of plates and the plate mills to be approved by the pipe buyers before they finalize the contract with the plate mills. It may also be noted that China Government was giving export incentives for alloy steel plates and hence the plates mills were supplying the low grade steel also as Alloy Steel. Now China Govt. has withdrawn this incentive and mills in China are started supplying all API Grade plates /Coils in NonAlloy Steel. Therefore they are not getting the Alloy Steel plates from the Mills in China. Finally, the export product manufactured by them is Carbon Steel Submerged Arc Welded Pipes only.

ils in NonAlloy Steel. Therefore they are not getting the Alloy Steel plates from the Mills in China. Finally, the export product manufactured by them is Carbon Steel Submerged Arc Welded Pipes only. The authorization is expiring on 21.04.2022 for import of balance quantity of steel. Due to ongoing Covid-19 situations many steel mills are in China has slow down the steel and all the steel mills are fully booked till the end of this year. Therefore, they are unable to procure the steel within the validity of authorization and needs the revalidation for further 6 months.

Decision: The Committee went through the statement made by the firm and discussed the matter at length. The Committee decided to accede to the request of the firm and allowed revalidation of Advance Authorization No.0310835797 dated 21.04.2020 a further period of 6 months from the date of endorsement. This is last and final revalidation. The Committee did not allow any change in item of import and export. The firm shall approach RA concerned within 30 days of the uploading of the minutes of meeting.

(Action: Applicant/RA-Mumbai)

Case No. 40 M/s. Man Industries (India) Ltd., Mumbai F.no. HQRPRCAPPLY00002551AM23 Meeting No.10/AM23 held on 29.07.2022

Subject: Amendment of import items and Revalidation of Advance Authorization No.0310836699 dated 16.06.2020

The applicant stated that they have obtained the above authorization for export of Alloy Steel Carbon Steel Submerged Arc Welded Pipes and import of Alloy Steel HR plates as per API Grade. They have completea the EO in full by procuring the Steel from the domestic market, as they could not import steel due to pandemic conditions in all over the world. The balance of 1197.591 MT steel will be imported as Non Alloy. AGP Grade is varying from X 42 to X 80 and so far they were importing the plates and coils from the manufacturer in China as the API Grade plates are special grade and the same is manufactured as per the client specifications. Also buyers are very particular in the quality of plates and the plate mills to be approved by the pipe buyers before they finalize the contract with the plate mills. It may also be noted that China Government Page 29 of 32 Le

ar in the quality of plates and the plate mills to be approved by the pipe buyers before they finalize the contract with the plate mills. It may also be noted that China Government Page 29 of 32 Le

was giving export incentives for alloy steel plates and hence the plates mills were supplying the low grade steel also as Alloy Steel. Now China Govt. has withdrawn this incentive and mills in China are started supplying all AP! Grade plates /Coils in NonAlloy Steel. Therefore they are not getting the Alloy Steel plates from the Mills in China. Finally, the export product manufactured by them is Carbon Steel Submerged Arc Welded Pipes only. The authorization is expiring on 16.06.2022 for import of balance quantity of steel. Due to ongoing Covid-19 situations many steel mills are in China has slow down the steel and all the steel mills are fully booked till the end of this year. Therefore, they are unable to procure the steel within the validity of authorization and needs the revalidation for further 6 months.

Decision: The Committee went through the statement made by the firm and discussed the matter at length. The Committee decided to accede to the request of the firm and allowed revalidation of Advance Authorization No.0310836699 dated 16.06.2020 a further period of 6 months from the date of endorsement. This is last and final revalidation. The Committee did not allow any change in item of import and export. The firm shall approach RA concerned within 30 days of the uploading of the minutes of meeting.

(Action: Applicant/RA-Mumbai)

Case No. 41 M/s. Mukta Art Limited., Mumbai F.no. HQREPCGPRAPP00136088AM22 Meeting No.10/AM23 held on 29.07.2022

Subject: Relaxation in maintaining the Average Export Obligation imposed on the three EPCG Authorities No.0330000345 dated 02.06.2000, 330004540 dt. 22.10.2003 and 330006644 dated 07.09.2004 by treating exports of film content by Tapes / CDs as Service exports and not Physical Exports.

This is deferred case of PRC Meeting No.05/AM23 held on 24.05.2022 (Case No.40), wherein the Committee decided to refer the case to EPCG Division for their examination. The applicant stated that they are Service Providers and the referred 3 EPCG Licences have been issued in the years 2000, 2003 and 2004, wherein in terms of Para 5.7.6 of the relevant Policy Service Providers were exempted to maintain Average Export Obligation irrespective of the fact that exports being made in Physical or soft form. Condition for Fulfilment of Export Obligation Para 5.7.6 In case of export of goods relating to handicraft, handlooms, cottage, tiny sector, agriculture, aqua-culture, animal husbandry, floriculture, horticulture, pisciculture, viticulture, poultry, sericulture and services, the export obligation shall be determined in accordance with paragraph 5.1 of the Policy, but the licence holder shall not be required to maintain the average level of exports as specified in paragraph 5.4 (i) and 5.9 of the Policy. With effect from 1st April 2007, vide Public Notice No.

but the licence holder shall not be required to maintain the average level of exports as specified in paragraph 5.4 (i) and 5.9 of the Policy. With effect from 1st April 2007, vide Public Notice No. 01/2007 dated 19/04/2007, the above para 5.7.6 was amended to exclude Services from the list of exempted categories for maintaining Average Export obligation. As such Service Providers w.e.f. 1st April 2007 were required to maintain the average export obligation. Also they humbly wish to submit that Page 30 of 32 ye —

in their case of physical exports, the value of medium (Film, Tape etc.) is negligible whereas the main value is of the content (software). It is significant to note that on 18/05/2011, in case of Licence No. 0330000345 dated 02.06.2000, the Regional Licencing Authority had deleted the Average Export Obligation imposed considering the fact that they are Service Providers. Relevant Amendment Sheet no. 3 confirming the same is attached herewith for your ready reference. However, subsequently they insisted that the same will be exempted only on exports in soft form and not on physical form. Hence they are requesting that since their Licenses were issued prior to 01.04.2007, as Service providers they should be exempted from maintaining AEO irrespective of the exports being in physical or soft form.

Decision: This case was deferred for further examination.

(Action:Applicant/EPCG-Division)

Case No. 42 M/s. Shahi Exports Private Limited, Faridabad F.no. HQRPRCAPPLY00001295AM23

Meeting No.10/AM23 held on 29.07.2022

Subject: Extension of EOP against Advance Authorization No.0510410792 dated 03.06.2019.

The applicant stated that they have obtained the above authorization for the purpose of making the export shipment to their USA customer for the final product Babies Garment and Girls Dress. They have completed the import quantity of Fabrics under said advance authorization in the year 2019. After importing the said fabric they were planning to execute the export shipments in the month of March 2020 and at the same time first wave of Covid-19 started globally and this pandemic damaged all their plan/productions/orders etc. and finally their customer cancelled this order due to the poor sale and stores shut down in USA. After that they tried to allot with customer to reinitiate the order and allow them to ship the balance quantity but they have been advised to wait for next year’s season. Finally, after several meetings and requests, their buyer agreed to take this quantity in the coming months. Now, they are ready to make the exports shipment and ship the goods in next six months. They are already in big losses as after importing fabrics and paying the fabrics cost to the supplier their fund flow got stuck and they are unable to make the RMG export revenue till today from this quantity. However, now they got some scope from the customer for selling of these garments.

supplier their fund flow got stuck and they are unable to make the RMG export revenue till today from this quantity. However, now they got some scope from the customer for selling of these garments. Hence, they are requesting for extension of EO for six months enabling them to fulfill the EO.

Decision: The Committee examined the case on the basis of justification submitted by the applicant and discussed the matter at length. The Committee decided to allow EOP extension of Advance Authorization No.0510410792 dated 03.06.2019 for a period of 6 months from the date of endorsement subject to payment of composition fee @ 1% per month of the extension period granted as above, on the unfulfilled FOB Value. This is

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last and final EOP extension. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.

(Action: Applicant/RA-New Delhi)

Case No. 43 M/s. Shahi Exports Private Limited, Faridabad

F.no. HQRPRCAPPLY00002595AM23 Meeting No.10/AM23 held on 29.07.2022

Subject: Extension of EOP against Advance Authorization No.0510410809 dated 04.06.2019

The applicant stated that they have obtained the above authorization for the purpose of making the export shipment to their USA customer for the final product Babies Garment and Girls Dress. They have completed the import quantity of Fabrics under said advance authorization in the year 2019. After importing the said fabric they were planning to execute the export shipments in the month of March 2020 and at the same time first wave of Covid-19 started globally and this pandemic damaged all their plan/productions/orders etc. and finally their customer cancelled this order due to the poor sale and stores shut down in USA. After that they tried to allot with customer to reinitiate the order and allow them to ship the balance quantity but they have been advised to wait for next year’s season. Finally, after several meetings and requests, their buyer agreed to take this quantity in the coming months. Now, they are ready to make the exports shipment and ship the goods in next six months. They are already in big losses as after importing fabrics and paying the fabrics cost to the supplier their fund flow got stuck and they are unable to make the RMG export revenue till today from this quantity. However, now they got some scope from the customer for selling of these garments.

supplier their fund flow got stuck and they are unable to make the RMG export revenue till today from this quantity. However, now they got some scope from the customer for selling of these garments. Hence, they are requesting for extension of EO for six months enabling them to fulfill the EO.

Decision: The Committee examined the case on the basis of justification submitted by the applicant and discussed the matter at length. The Committee decided to allow EOP extension of Advance Authorization No.0510410809 dated 04.06.2019 for a period of 6 months from the date of endorsement subject to payment of composition fee @ 1% per month of the extension period granted as above, on the unfulfilled FOB Value. This is last and final EOP extension. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting. (Action: Applicant/RA-New Delhi) he

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