DGFT Minutes
In force — no superseding record on file.
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Directorate General of Foreign Trade (PRC Section)
Minutes of the Policy Relaxation Committee Meeting Held on 06.06.2024 under the Chairmanship of Shri Santosh Kumar Sarangi, Director General of Foreign Trade
Meeting No. 07AM25 held on 06.06.2024
The following members were present in the meeting:
- Shri S.B.S. Reddy Addl. DGFT 2. Shri Hardeep Singh Addl. DGFT 3. Dr. S.K. Bansal Addl. DGFT 4. Shri S.C.Agarwal Add. DGFT 5. Shri Lokesh H.D. Addl. DGFT 6. Shri K.V. Tirumala Joint DGFT 7. Shri K.M. Harilal Joint DGFT 8. Shri RandheepThakur Joint DGFT 9. Shri Md. Moin Afaque Joint DGFT
Following cases were discussed. The decision taken on the individual cases are as under:-
S.No. Name of the firm 2. | Mis. Globe Textiles (India) Limited, Ahmedabad -3.| Mis. Scorodite Stainless India Private Limited, Mumbai Ms.M/s. MicronsIndia, Faridabad ee mn M/s. VictoriaOmega TraeximFoods PrivateInc, MoradabadLimited, Delhi r 8. |Mumbai M/s. Anuh Pharma Limited, |10.| M/s. RusanPharma Limited, Mumbai Mss. Rasik Products Private Limited, UttarPradesh ‘Ms. Global Pharma Healthcare Private Limited, Chennai | M/s. Amsal-Chem Private Limited, Gujarat[M/s.][Tayaje][and][Sons][Private][Limited,][Delhi] M/s. SoftechPharma Private Limited, Daman —|[16.] 4 h4. |[|] hs Mis. Astec Toe Lifesciencesa Soe Bt Limited,taMumbai Ms. Elite Agro Specialities, Ahmedabad i
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----- Start of picture text -----<br> z<br>|20.<br>|821. | | Mss.M/s. Mis .. Goldi GolWooEliza d landEnterprises, Solar Import Private Delhi Limi ted,ted, SuratSurat<br>M/s.KredenceMulti [Trading] [Limited,] Mumbai<br>— & Export, Kerala<br>|_ 26. _| M/s. GlandRaj BoraxPharma PrivateLtd,Limited,Hyderabad Mumbai<br>_28.| Mis.Sanjay<br>29.| Mis. K.K.P.Soya Private Limited, Mumbai<br>30. Fine Linen Private Limited, TamilNadu<br>| M/s. AaryaFash- Tex, Anmedabad<br>| [32.] 31. _ | M/s. Sun Pharmaceutical Industries Limited, Mumbai<br>|__33.| M/s. Yamaha Music India Private Limited, Tamil Nadu<br>. ___34. | M/s. Yamaha Music India Private Limited, Tamil Nadu<br>___35. | M/s. Shahi Exports Private Limited, Bengaluru<br>36. | M/s. Gland Pharma Ltd, Hyderabad<br>|38.__37. _ | M/s. DCMinda AutoKosei PartsAluminumPrivate Limit Whe e d,l PrivateBengaluruLimited, Haryana<br>----- End of picture text -----<br>
Case No. 01 M/s. Amoli Organics Private Limited, Mumbai
F.No.HQRPRCAPPLY0000540AM24
Meeting No.07AM25 held on 06.06.2024
Subject: Request for Extension of EOP against Advance Authorization No. 0310646104 dt. 03.08.2011.
This is a defer case of PRC Meeting No.18AM24 held on 20.10.2023 (Case No.04) wherein Committee defer the case and seek a detailed report from RA, Mumbai for taking the decision.
dt. 03.08.2011.
This is a defer case of PRC Meeting No.18AM24 held on 20.10.2023 (Case No.04) wherein Committee defer the case and seek a detailed report from RA, Mumbai for taking the decision.
Applicant Statement: The matter was taken up. The entire submission made by the applicant was gone through. The applicant stated that they have fulfilled 82.74% within initial export obligation period of 1 year from the date of import and balance export of 17.26% is made next 6 months. The license has been issued with AU condition against the undertaking given by the application under Para 4.7 HBP. Hence they are requesting to allow six month extension in export obligation period against Advance Authorization no. 0310646104 dated 03.08.2011 for regularization purpose.
Report from RA Mumbai was also seen.
Decision: The Committee examined the case on the basis of statement made by the firm and discussed the matter at length and decided to allow EOP extension up to 30.06.2013 against advance authorization No. 0310646104 dt. 03.08.2011 subject to payment of composition fees as per Policy provisions. No other relaxation was given and the other terms and conditions towards fulfillment of EO shall remain same
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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-Mumbai)
Case No. 02
M/s. Globe Textiles (India) Limited, Anmedabad
F.No.HQRPRCAPPLY00004680AM23
Subject: Revalidation of DFIA no. 0811004337 dated 08.03.2022, 0811004338 dated 08.03.2022 and 0811004469 dated 24.03.2022.
This is a defer case of PRC Meeting No.26AM24 held on 17.01.2024 (Case No.62) wherein Committee decided to refer the case to EGTF Division for its examination. Thereafter, the case may be brought back again before PRC for a decision.
Applicant’s statement: The matter was taken up. The entire submission made by the applicant was gone through. The applicant stated that due to the purely human error at the time of Transferable DFIA they have entered the Import HSN code is 54076190 instead of 54075290. After received of online Licenses they come to know the regarding the wrong HSN code in Import Item and immediately surrender all DFIA License to the Local RA for amend the Import HSN code is 54075290 instead of 54076190 in the month of May 2022. After continuously follow up with Local RA they cannot change it and inform to them for raise the ticket for the same issue. They have raise the tickets 2 times and constantly follow up with Help Desk Delhi, but the HSN code is not change and meantime all the DFIA Licenses are expire without utilize it. Hence they are requesting to allow six months revalidation against subject DFIA.
Comments of EGTF was seen.
Decision: The Committee went through the justification made by the applicant and discussed the matter at length and decided that RA will raise the tickets to resolve the matter for amendment of HSN code if the firm had surrendered the said 3 DFIAs without transferring the same. It was also decided to allow revalidation for a further period of 6 months from the date of endorsement against the subject DFIAs after amendment of HSN code. The firm shall approach RA within 30 days from the date of uploading of the minutes of meeting.
(Action: Applicant/RA-Ahmedabad)
Case No. 03 M/s. Scorodite Stainless India Private Limited, Mumbai
F.No.HQRPRCAPPLY00000533AM25
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Meeting No.07AM25 held on 06.06.2024
Subject: Request for Extension of EOP against Advance Authorization No. 0310742969 dated 26.07.2013, Advance Authorization No. 0310765128 dated 08.01.2014, Advance Authorization No. 0310789656 dated 25.09.2014, Advance Authorization No. 0310751690 dated 30.09.2013, Advance Authorization No. 0310744577 dated 08.08.2013, Advance Authorization No. 0310740118 dated 03.07.2013, Advance Authorization No. 0310715215 dated 20.11.2012, and Advance Authorization No. 0310723863 dated 13.02.2013.
This is a defer case of PRC Meeting No.04/AM25 held on 03.05.2024 (Case No.38) wherein Committee defer the case for wants of order copy of the NCLT.
Applicant Statement: The matter was taken up. The entire submission made by the applicant was gone through. The applicant stated that due to financial problem their company went to NCLT and NCLT approved their application on 16.07.2019. Immediately they went to Policy Relaxation Committee and they got one year EO extension. Due to Covid, their company financial goes totally down and they could not recover. They had to invest huge amount on production and also due to Ukraine and Russia War, international Market is not stable on price. Investor is said to be coming and investing the money in company. But still they need another one year time. Due to the intricate nature of these processes, the manufacturing timeline is significantly extended. As a result, they are only able to produce a maximum of 2730 tons per month.
other one year time. Due to the intricate nature of these processes, the manufacturing timeline is significantly extended. As a result, they are only able to produce a maximum of 2730 tons per month. Considering the total quantity required to be manufactured, it is evident that the job will necessitate a minimum of 9-11 months to complete balance qty of export. Furthermore, due to the time-consuming nature of the manufacturing processes, they anticipate needing an additional 12 months to complete the balance quantity for export. Now firm has furnished the complete copy of Order of NCLT. Hence they are requesting to allow EOP extension against subject authorizations.
Case No. 04 M/s. Microns India, Faridabad
F.No.HQRPRCAPPLY0000219AM24
Meeting No.07AM25 heldon 06.06.2024
Subject: Request to allow the shifting of CG due to change of the address of the business premises, Condonation for delay in issuance of installation certificate and consider the deemed export without mentioning EPCG authorization no on ARE 3 against EPCG Authorization No. 0530137860 dated 14.01.2005, EPCG Authorization No. 0530149813 dated 15.09.2009.
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This is defer case of PRC Meeting No.13/AM24 held on 31.08.2023 (Case No.37) wherein Committee refer the case to EPC G Division for its examination. Thereafter, the case may be brought back again before PRC for a decision.
Applicant Statement: This is a review case of 10" Meeting of AM-23 of the EPCG Committee held on 18.01.2023 and 20.01.2023 wherein Committee rejects the case. The applicant stated that they had made the import of CG vide B/E 824839 dated 17.03.2005 and 719721 dated 14.10.2009 respectively and get the installation certificate from independent chartered engineer with in prescribed time period i.e. 6 months. All the above said business premises on rent and in the year 2010 they had shifted company to own business premises situated to Plot No.1140-1141 Sector 58 Faridabad. They had shifted their all plant and machinery at new business premises. They had made amendment in IEC regarding change of address but due to oversight they had not made amendment in EPCG License. They had been also applied for issuance of installation certificate from Central Excise and finally get the installation certificate from Central excise also.
had not made amendment in EPCG License. They had been also applied for issuance of installation certificate from Central Excise and finally get the installation certificate from Central excise also. They had made supply to 100% EOU through ARE-3 that is covered under deemed export and some supply made to directly foreign buyer i.e. direct export. But due to lack of knowledge they had not mentioned the EPCG authorization No. on supply documents i.e. S/Bill in case of direct export and ARE-3 in case of Deemed Export. They had applied for EODC at RA. Hence they are requesting to allow the shifting of machine and condone the delay issuance of installation certificate from Central Excise Department and also allow considering their Deemed Export documents without mentioning EPCG authorization no. for fulfillment of EO against subject licenses.
Decision:Deferred. |The Committee examined the case on the basis of statement made by the applicant and discussed the matter at length. The firm shall furnish corroborative evidence and statement showing correlation of documents as well as copy of ARE-3 and Proof of receipt of payments through banking channel for considering the request to allow deemed export without mentioning the EPCG authorization on ARE-3 towards discharge of export obligation. Firm shall submit above documents within 30 days on BO Portal/ on mail to dgft@nic.in.
(Action: Applicant/RA-CLA, New Delhi)
Case No. 05 M/s. Omega Traexim Inc, Moradabad
F.No.HQRPRCAPPLY0000266AM24
Subject: Request for granting permission for issuance of MEIS Licenses for the period 2016-17 .
This is a defer case of PRC Meeting No.09AM24 held on 07.07.2023 (Case No.22) wherein Committee decided to refer the issue to PC-3 Division for seeking further details and its examination and to furnish their comments.
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Applicant’s statement: The matter was taken up. The entire submission made by the applicant was gone through. The applicant stated that they have exported metal handicrafts items during the FY 2016-17 to the overseas buyers and they have applied for MEIS benefits against this export to ADC/MSEZ/Moradabad on 06.02.2018 and the same has been rejected. DC.NSEZ has rejected their application on unjustified grounds for which they are submitting herewith entire correspondence exchange with them by ADC/MSEZ/Moradabad and DC/NSEZ/Noida. Later on Commissioner of Customs Dadri, had issued Showcause notice to the firm on dated 03.04.2018 and withdraws this Show cause notice. On that ground DC/NSEZ had rejected their MEIS application and this application rejection have come in their knowledge verbally by the concerned authority on 12.08.2020, reasoning that unit is under investigation by the customs authorities, hence no any Export and Import policy benefit may be granted to the unit, until and unless customs investigation outcome, has arrived in the favour of the unit. Their MEIS application file stand close on 21.08.2018. Hence they are requesting to allow permission for issuance of MEIS licenses for the period 2016-17.
come, has arrived in the favour of the unit. Their MEIS application file stand close on 21.08.2018. Hence they are requesting to allow permission for issuance of MEIS licenses for the period 2016-17. Comments of PC-3 dated 7" May, 2024 was seen. Decision: The Committee went through 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.
(Action: Applicant)
Case No. 06 M/s. Victoria Foods Private Limited, Delhi
F.No.HQRPRCAPPLY000001746AM24
Subject: Request for extension of Total EO Period against EPCG Authorization No. 0530160728 dated 18.04.2013.
Applicant Statement: The applicant stated that subject authorization obtained for import of Capital Goods- i.e. Pasta and Pellet manufacturing line having a capacity of 1500KG/H. Due to export item Pasta/Macroni under the said EPCG license they were not able to perform export obligation because of less demand of exported Pasta and Macroni in international market. They have attended food fairs in international market like Gulfood Dubai for capturing export orders for given export products but not got any response. There is also an issue with the cost parity to export these products in international market as there are already many big players in international market for Pasta and Macroni. As capital goods imported under the license also can produce other products, they have approached DGFT CLA for amendment in license and have added products to the license and would like to complete export obligation. Hence they are requesting to allow EOP extension against subject authorization.
en
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Decision: The Committee went through 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.
(Action: Applicant)
Case No. 07 M/s. K.K.P. Fine Linen Private Limited, Tamil Nadu
F.No.HQRPRCAPPLY0000213AM25
Meeting No.07AM25 heldon 06.06.2024
Subject: Request for Extension of EOP against Advance Authorization No. 323100941 dated 16.11.2021. Applicant Statement: The applicant stated that they have taken 25 AA and have obtained EODC of 19 AA and fulfilled EO another 4 AA and balance 2 AA they have not fulfilled the export obligation for which they have requested for six months extension. Due to Textile Crisis in the Overseas and price is not workout able for them at time and now they have got the order enable them execute order. Hence they are requesting to allow six month EOP extension against subject authorization.
Decision: Withdrawan as details of authorization is different.
(Action: Applicant/PRC)
Case No. 08 M/s. Anuh Pharma Limited, Mumbai
F.No.HQRPRCAPPLY0000309AM25
Meeting No. 07AM25 heldon 06.06.2024
Subject: Request for Extension of EOP against Advance Authorization No. 0310834672 dated 06.02.2020. Applicant Statement: The applicant stated that they applied for relaxation of policy provision to extend the export obligation period of Advance Authorization No. 0310834672 DT. 06.02.2020. Due to Corona Pandemic the demand of export order was affected. They have export order in hand. Hence they are requesting to allow six month EOP extension against subject authorization.
Decision: The Committee went through the statements made by the firm and noted that the applicant has not submitted any cogent reason/ justification in support of any
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genuine hardship faced by them. Accordingly, the Committee decided to reject the request.
Case No.09 M/s. Utsav Cotton Industries, Maharashtra
F.No.HQRPRCAPPLY00000342AM25
Meeting No.07AM25 held on 06.06.2024
Subject: Request for extension of Total EO Period against EPCG Authorization No. 5030000522 dated 14.11.2014.
Applicant Statement: The applicant stated that they have taken the above mentioned EPCG licence for import of Cotton Ginning machinery and export of Raw Cotton as per the policy provisions of the EPCG licence. They have completed the requisite export obligation for the EPCG licence. However, only one shipping Bill (SB no. 6711299) has been generated after the Licence validity period on 12.01.2024. The delay is only by 12 days. It is to be kindly noted that all the invoices were raised well before the validity (31.12.2023). The main cause for the delay was due to unfortunate break down of one of the transport truck. They had lost precious time in making alternate arrangements, therefore the last shipment got delayed in reaching the customs and generation of shipping bill was delayed. Due to this reason DGFT, Nagpur has issued a deficiency letter stating that the above shipping bills cannot be considered for calculation of EO. Due to this pest the quality of cotton has been severely impacted. Most of the cotton produced in their area has been rejected in the export markets. 3rd party export complications: After all these difficulties, they have gained lot of experience in past 7 years. Third party exports require many additional documents and compliances which again have added more processing time to the export process.
ficulties, they have gained lot of experience in past 7 years. Third party exports require many additional documents and compliances which again have added more processing time to the export process. Therefore, there has been slight delay in completing all the exports within the validity period and one shipment has crossed the validity date. Hence they are requesting to allow EOP extension against subject authorization.
Decision: The Committee examined the case on the basis of statement made by the firm and discussed the matter at length anddecided to allow EOP extension decided to accede the request of the firm for condonation of 12 days delay in completing the Export Obligation against PCG Authorization No.5030000522 dated 14.11.20140nly for closure purpose subject to payment of composition fee equal to 2% of proportionate duty saved amount on unfulfilled export obligation. The firm shall approach RA within 30 days from the date of uploading of the minutes of meeting.
(Action: Applicant/RA-Nagpur)
Case No. 10 M/s. Rusan Pharma Limited, Mumbai
Meeting No.07AM25 held on 06.06.2024
Subject: Request for Extension of EOP against Advance Authorization No. 0311003742 dated 12.05.2021.
Applicant Statement: The applicant stated that they had requested advance authorization for Morphine Sulphate Tablets based on their customer demand and accordingly Jt. DGFT issued AA during covid 19 & they had exported 265300 tablets and after covid 19 the demand is drastically down in the market and they were not able to export the balance quantity. Now they got an order for Morphine Sulphate Injection and they are expecting the balance export obligation will be completed accordingly. Hence they are requesting to allow six month EOP extension against subject authorization.
Decision: The Committee went through the justification made by the applicant and discussed the matter at length. After detailed discussion it was decided to accede to the request and allowed EOP extension of Advance Authorization No. 0311003742 dated 12.05.2021 for a further period of 6 months from the date of endorsement subject to payment of composition fee as per policy provisions. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.
(Action: Applicant/RA-Mumbai)
Case No. 11 M/s. Rasik Products Private Limited, Uttar Pradesh
F.No.HQRPRCAPPLY00000726AM25
Subject: Request for change in export description in respect of Advance Authorization No. 0611000524 dt 29.06.2021.
Applicant Statement: The applicant stated that inadvertently the export product was not correctly made under application as the person handling the matter was on leave. As such they request to amend the export item to read as Gift Paper Rolls (GSM 60 to 120) with no change in export quantity. Hence they are requesting to allow change in export description of subject authorization.
Decision: The Committee examined the case on the basis of submission made by the firm and discussed the matter at length. After detailed discussion it was decided to refer to Norms Committee for resolution.
(Action: Applicant/Norms Committee-lV)
Case No. 12 M/s. Global Pharma Healthcare Private Limited, Chennai
F.No.HQRPRCAPPLY00000749AM25
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.
Meeting No.07AM25 held on 06.06.2024
Subject: Request for Extension of EOP against Advance Authorization No. 0410166147 dated 10.10.2019, 0410165747 dated 20.06.2019, 0410165950 dated 08.08.2019 and 0410165831 dated 16.07.2019. Applicant Statement: The applicant stated that during the Covid 19 period, they were unable to complete the 100% EO within the valid EO period. They were unable to manufacture the finished product and export the required quantity due to the lack of manpower in manufacturing and supply of packing material shortage by the supplier due to Covid 19 Pandemic Lockdown in the country. They insisted they get the specific EOP Extension endorsement from JDGFT in the authorization, and then only, they will allow the Bill of Export against Advance licenses. Even though they have produced the Public Notice 67/2015-20 dated 31.03.2020, extending validity of the scheme upto 31.03.2021. But Chennai customs and SEZ Kandla had refused to endorse the Advance Authorization in the Bill of Export and Shipping Bill. They obtained 4 Advance Authorizations for the same product, and they are having the valid raw material in hand and once they allowed the EO period extension 3 months from the date of endorsement. Hence they are requesting to allow EOP extension against subject authorization.
Decision: The Committee went through 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.
(Action: Applicant)
Case No. 13 M/s. Amsal-Chem Private Limited, Gujarat
F.No.HQRPRCAPPLY0000747AM25
Subject: Request for Extension of EOP against Advance Authorization No. 3411001391 dated 15.11.2021.
Applicant Statement: The applicant stated that against the said annual advance license they cleared duty free import raw materials and they exported their product based on EO extension validity till 15.05.2023. During this period demand for said product which consumers in Anti TB API was on downward trend, inspite their company is globally largest manufacturer/exporter of said API. Hence they are requesting to allow EOP extension against subject authorization. Decision: The Committee went through the justification made by the applicant and discussed the matter at length. After detailed discussion it was decided to accede to the request and allowed EOP extension of Advance Authorization No. 3411001391 dated 15.11.2021 for a further period of 6 months from the date of endorsement subject to payment of composition fee as per policy provisions. The firm shall
ee
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approach RA concerned within 30 days from the date of uploading of the minutes of meeting.
(Action: Applicant/RA-Vadodara)
Case No. 14 M/s. Astec Lifesciences Limited, Mumbai
F.No.HQRPRCAPPLY0000758AM25
Subject: Request for Extension of EOP against Advance Authorization No. 0311006909 dated 13.09.2021.
Applicant Statement: The applicant stated that theyhave EOB of 400 kg is pending for export against AA no.0311006909. This order is for a specific quality requirement product as per customer demand. Therefore they could not achieve the yield as per the ratios allowed in license while processing the final export product due to quality restraints. Hence there is a short fall of 400 kgs in export quantity of the license. Hence they are requesting to allow EOP extension against subject authorization. Decision: The Committee went through the justification made by the applicant and discussed the matter at length. After detailed discussion it was decided to accede to the request and allowed EOP extension of Advance Authorization No. 0311006909 dated 13.09.2021 for a further period of 6 months from the date of endorsement subject to payment of composition fee as per policy provisions. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.
(Action: Applicant/RA-Mumbai)
Case No. 15 M/s. Bal Pharma Limited, Bengaluru F.No.HQRPRCAPPLYO0000805AM25
Subject: Request for waiver of Procedural requirement as per HBP against Advance Authorization No. 0710109601 dated 30.03.2016.
Applicant Statement: The applicant stated that RA issued DeficiencyLetter intimating that Drawback Shipping Bill in lieu of Destruction Certificate cannot be accepted as per HBP. This Advance Authorization pertains to the year 2016, and upon numerous correspondences with RA Bangalore since 2017 they reluctantly regularized the excess imports by effecting payment of customs duty including that off BCD,CVD plus Cess and Interest. On the other hand the excess import raw material were utilized for manufacturing of export products and its relevant shipping bills duly certified by the CA as to its consumption was submitted. They submitted
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appropriate declaration of not utilizing the imported raw material for domestic markets. Therefore under the circumstances destruction certificate is not possible. They are left with no option other than to request to waive of destruction certificate. It is pertinent to consider the shipping bills as certified by CA where the imported raw material have been consumed and finally exported. As can be noted from the table top three principal export items relating to Financial Year 2023-2024, Export of Paracetamol tablets falls under the 3rd major export product, which itself establishes that the imported raw material being imported through numerous Advance Authorization demonstrates its consumption.
racetamol tablets falls under the 3rd major export product, which itself establishes that the imported raw material being imported through numerous Advance Authorization demonstrates its consumption. Hence they are requesting to allow waiver of procedural requirement against subject authorization.
Decision: The Committee examined the case on the basis of submission made by the firm and discussed the matter at length. The Committee noted that it is not a PRC matter. PRC will send a mail to the firm.
(Action: Applicant)
Case No. 16 M/s. Tayaje and Sons Private Limited, Delhi
F.No.HQRPRCAPPLY00000804AM25
Subject: Request for revalidation of Authorization/Certificate against Advance Authorization No. 0511011915 dated 18.04.2022. Applicant Statement: The applicant stated that export obligation has been fulfilled one of the chemical could not be imported in time due to the disturbance & war in Iran & Egypt from which they have been importing this chemical TRYOCTYL TRIMELLITATE (TOTM). Now the said chemical supplier has agreed to supply them the said chemical. Hence they are requesting to allow revalidation of subject authorization.
Decision: The Committee went through 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.
(Action: Applicant)
Case No.17 M/s. Softech Pharma Private Limited, Daman
F.No.HQRPRCAPPLYOO000806AM25
Subject: Request for Extension of EOP against Advance Authorization No. 0311006261 dated 18.08.2021.
ber
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Applicant Statement: The applicant stated that Present status & time taken for USFDA to approve BE report. As required by USFDA, a new CRO named ScitusPharma Services Pvt. Ltd. located in Chennai, Tamil Nadu has been identified and the BE studies will now be re-conducted at the said CRO. Among various processes involved in BE studies, Scitus along with Eywa will be initiating the Bio Study protocols in due course. In this connection, the time taken to complete the BE studies including preparation of BE report, in most cases, is approximately 6 months. The report pertaining to BE studies after completion will once again be submitted to USFDA for approval. USFDA takes a minimum of 8 months from the date of submission of data to provide such approval. Eywa will be able to market the finished product only after USFDA validates the above data and provides the approval. Thus, it is evident from the above that the entire process of obtaining ANDA approval is a tedious and a lengthy process. They can commence manufacturing of Valporic Acid 250mg capsules and export the same only after Eywa receives necessary approval from USFDA for marketing the said finished product in US. D) Bonafide reasons beyond their control. They had made necessary preparations to manufacture and export Valporic Acid 250mg capsules and had actually imported the required quantity of Input against AA no. 0311006261. Hence they are requesting to allow EOP extension against subject authorization.
port Valporic Acid 250mg capsules and had actually imported the required quantity of Input against AA no. 0311006261. Hence they are requesting to allow EOP extension against subject authorization.
Decision: The Committee went through the justification made by the applicant and discussed the matter at length. After detailed discussion it was decided to accede to the request and allowed EOP extension of Advance Authorization No. 0311006261 dated 18.08.2021 for a further period of 6 months from the date of endorsement subject to payment of composition fee as per policy provisions. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.
(Action: Applicant/RA-Mumbai)
Case No.18 M/s. Blue stripes apparels, Tamil Nadu
F.No.HQRPRCAPPLY00000807AM25
Meeting No.07AM25 heldon 06.06.2024
Subject: Request for waiver of Procedural requirement as per HBP as per Advance Authorization No. 3210078912 dated 09.04.2019.
Applicant Statement: The applicant stated that they had availed an Advance Authorization no. 3210078912 Dt. 09.04.2019 from Jt. DGFT Coimbatore and imported the raw materials. At the time of export while filing the Advance License shipping bill were getting the negative acknowledgement as Wrong SL No C in Regd. No: 3210078912 for the few line items and few line items got positive acknowledgement. They had raised a query with the ICEGATE for the same, but the error was not rectified and due to the urgency and fear of order cancelation by the buyer, they had filed under free shipping bill with scheme code zero for against the negative acknowledgement serial numbers received and by quoting the Advance Authorization Number, Total consumption of the Inputs and the Import item serial
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th scheme code zero for against the negative acknowledgement serial numbers received and by quoting the Advance Authorization Number, Total consumption of the Inputs and the Import item serial
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number as per the Advance Authorization in the shipping bill and where ever the positive acknowledgement received was filed under Advance Authorization scheme code ‘64’. They have applied for the Redemption with the Jt. DGFT Coimbatore on 13.08.2020 and the department has issued a deficiency letter to remove the free shipping bills in the application and resubmit the application by paying duty liabilities for the quantity for which the free shipping filed. There are multiple shipping bills filed and the materials were fully consumed for the exported products. Due to the above issue, they couldn't file the shipping bills under Advance Authorization scheme. Hence they are requesting to allow condonation of procedural requirement as per HBP against subject authorization.
Decision: The Committee went through 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.
(Action: Applicant)
Case No. 19 M/s. Elite Agro Specialities, Kerala
F.No.HQRPRCAPPLY00000832AM25
Subject: Request for Extension of EOP against Advance Authorization No. 1011002163 dated 07.12.2023.
Applicant Statement: The applicant stated that they have imported 533.2 MT of Wheat against the subject authorization. During the import of WHEAT against the above licenses, the arrival had got delayed due to the problems in Ukraine and Suez Canal issue which were prevalent at that time. This had an impact on the processing of the finished product. As Elite Agro Specialities were first time exporters, they had to be registered in ICEGATE. This process of registration was delayed for more than 2 months. The major hurdles were - Not able to enter their user ID in ICEGATE. Non generation of OTP in the time period specified in ICEGATE. Submission rejected based on the new updates / requirements in the ICEGAT. Unable to add the bank details in ICEGATE. ICEGATE Website Maintenance Unable to reach / contact the help desk of ICEGATE. To overcome this hurdle, they approached various governmental and private organizations for manual registration, but were not successful. Due to the delay in not being able to export, many of their Purchase Orders were cancelled any many were postponed. Once the registration process was completed, they are hastily following up the processing of the finished products based on the Purchase Orders. Hence they are requesting to allow EOP extension against subject authorization.
ss was completed, they are hastily following up the processing of the finished products based on the Purchase Orders. Hence they are requesting to allow EOP extension against subject authorization.
Decision: The Committee went through the justification made by the applicant and discussed the matter at length. After detailed discussion the Committee decided to accede to the request and allow EOP extension of Advance Authorization No.
.
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1011002163 dated 07.12.2023 for a further period of 3 months from the date of expiry of EO period subject to payment of composition fee as per policy provisions. 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. 20 M/s. Eliza Enterprises, Delhi
F.No.HQRPRCAPPLY00000833AM25
Subject: Request for MEIS benefit not clamed in time please allow now against 15 MEIS Scrip Numbers.
Applicant Statement: The applicant stated that they are merchant exporte4r of readymade garments and Accessories as proprietorship concerned and have exported the garments in 2019 but could not claim the MEIS benefit within stipulated time due to lack of procedural knowledge. Hence they are requesting to allow MEIS benefits against 15 MEIS Scrips.
Decision: The Committee went through 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.
(Action: Applicant)
Case No.21 M/s. Goldi Solar Private Limited, Surat
F.No.HQRPRCAPPLYO00000826AM25
Subject: Request for Extension of EOP against Advance Authorization No. 5210043404 dated 28.05.2020.
Applicant Statement: The applicant stated that they have taken the subject Advance Authorization from the DGFT RA for duty-free imports of raw materials for the purpose of manufacturing and export. They have made partial exports under the said AAs within the validity period of Authorization but could not complete the export obligation due to Covid-19 outbreak in the year 2020 and again in 2021, complete lockdown was enforced for a long period and all the business activities were stopped for many months and thereafter there was huge shortage of labour as most of the labour went to their native places and returned after many months. a
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Further heavy fluctuation in USD and shortage of containers & huge increase ocean freight cost they could not fulfill the export. Hence they are requesting to allow EOP extension against subject authorization.
Decision: The Committee went through 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.
(Action: Applicant)
Case No.22 M/s. Goldi Solar Private Limited, Surat
F.No.HQRPRCAPPLY0O0000829AM25
Meeting No.07AM25 heldon 06.06.2024
Subject: Request for Extension of EOP against Advance Authorization No. 5210042744 dated 27.08.2018.
Applicant Statement: The applicant stated that they have taken the subject Advance Authorization from the DGFT RA for duty-free imports of raw materials for the purpose of manufacturing and export. They have made partial exports under the said AAs within the validity period of Authorization but could not complete the export obligation due to Covid-19 outbreak in the year 2020 and again in 2021, complete lockdown was enforced for a long period and all the business activities were stopped for many months and thereafter there was huge shortage of labour as most of the labour went to their native places and returned after many months. Further heavy fluctuation in USD and shortage of containers & huge increase ocean freight cost they could not fulfill the export. Hence they are requesting to allow EOP extension against subject authorization.
Decision: The Committee went through 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.
(Action: Applicant)
Case No. 23 M/s. Woodland Import & Export, Kerala
F.No.HQRPRCAPPLYO0000825AM25
Meeting No.07AM25 held on 06.06.2024
Subject: Request for Extension of EOP against Advance Authorization No. 5310019697 dated 16.05.2018.
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Applicant Statement: The applicant stated that they Out of 10 S/Bills, DGFT has been allowed 7 S/Bills, by extending the EOP of AA upto 48 months from the date of issuance AA. Remaining 3 S/Bills, bearing Nos.5733276/ 26.11.2022, 5902810/ 03.12.2022 and 6409849/ 24.12.2022 and sale proceeds realized. They agree topay the composition fee for further extension of EOP of AA for regularization purpose, soon on your decision. Hence they are requesting to allow EOP extension against subject authorization.
Decision: The Committee went through 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.
Case No. 24 M/s. Kredence Multi Trading Limited, Mumbai
F.No.HQRPRCAPPLY00000830AM25
Subject: Request for Extension of EOP against Advance Authorization No. 0311007524 dated 06.10.2021. Applicant Statement: The applicant stated that theyare exporter of steel and allied products. Although they operate as merchant exporters, all export goods are processed at M/s. Uttam Galva Steels Limited (UGSL), Khopoli, which is also a Star exporter. Regarding the referred license they procured in 2021, they imported around 7219 MT of HR steel in November 2022, which could not be processed due to the following reasons: UGSL was admitted in Corporate Insolvency Resolution Process (CIRP), and a resolution professional was appointed who claimed materials imported meant for export. Despite their best efforts to claim the materials back, they were unsuccessful. Subsequently, the resolution plan under CIRP was approved and the Company was acquired by M/s. ArcelormittalKhopoli Limited, with whom they raised the aforesaid issue. After lot of efforts and persuasion, they have agreed to process the materials for export. In the meantime, they are working with their importers to accept the consignment, which they aim to ship by the end of this July month. Hence they are requesting to allow EOP extension against subject authorization.
hey are working with their importers to accept the consignment, which they aim to ship by the end of this July month. Hence they are requesting to allow EOP extension against subject authorization.
Decision: The Committee went through the justification made by the applicant and discussed the matter at length. After detailed discussion it was decided to accede to the request and allowed EOP extension of Advance Authorization No. 0311007524 dated 06.10.2021 for a further period of 6 months from the date of endorsement subject to payment of composition fee as per policy provisions. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.
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(Action: Applicant/RA-Mumbai)
Case No. 25 M/s. Raj Borax Private Limited, Mumbai
F.No.HQRPRCAPPLY0O0000838AM25
Subject: Request for revalidation of Authorization/Certificate against Advance Authorization No. 0311005660 dated 27.07.2021.
Applicant Statement: The applicant stated that they had applied revalidation of advance authorization after EODC in DGFT Mumbai as they had already submitted NUC from JNPT custom house stating no import is completed for subjected advance licence export obligation is already 100% completed by them. Hence they are requesting to allow revalidation of subject authorization.
Decision: The Committee went through 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.
Case No. 26 M/s. Gland Pharma Ltd, Hyderabad
F.No.HQRPRCAPPLY00000849AM25
Subject: Request for Extension of EOP against Advance Authorization No. 0911003206 dated 20.06.2022.
Applicant Statement: The applicant stated that they have obtained the Advance Authorization No. 0911003206 Dt.20.06.2022 under Appendix 4J (Serial No.2) with Pre-import condition (12 months validity from the date of every import). S| No. Import API BE No. / Date. Export obligation date as per Appendix 4J (1 year) from the BOE dated Extension of EOP Date as they applied as per Para 4.40 (d) of HBP 2023. But the Addl. DGFT Hyderabad approved EOP extension upto 19.05.2024 instead of 19.11.2024 (as per Para 4.40 (d) of HBP 2023), granted 12 months from the date of last import instead of 18 months from the date of bill of entry. Hence they are requesting to allow EOP extension up to 19.11.2024 against subject authorization.
Decision: The Committee went through the justification made by the applicant and discussed the matter at length. After detailed discussion it was decided to accede to
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the request and allowed EOP extension of Advance Authorization No. 0911003206 dated 20.06.2022 for a further period of 6 months from the date of endorsement subject to payment of composition fee as per policy provisions. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.
(Action: Applicant/RA-Hyderabad)
Case No. 27 M/s. Modern Insecticides Limited, Ludhiana
F.No. HQARPRCAPPLY00004735AM23
Subject: Request for considering the S/Bills against which No MEIS claim.
Applicant Statement: The applicant stated that they have they are enclosing No claim submitted against the said S/Bills mainly due to the reasons that though the payment have been realized within 326 months from the date of exports but due to Covid and other technical reasons the BRCs were uploaded only after the expiry of the prescribed time period. In cases where in the BRCs are uploaded within the 36 months period from the date of exports the claim was not submitted due to the name of the firm appearing under DEL. Hence they are requesting to allow MEIS benefits against S/Bills.
Decision: The Committee examined the case on the basis of submission made by the firm and discussed the matter at length. The Committee observed that due to delay in uploading the BRC, the firm may have faced the problem which was beyond their control. Accordingly, the Committee decided to allow MEIS benefit only against those shipping bills whose realization has happened within time and e-BRCs have been uploaded by the bank after stipulated time. It also decided that no cut would be imposed on the entitlement. However, uploading of only some BRCs are delayed and for such BRCs only it was decided to refer to PC-3 for resolution. The firm shall approach PC-3 within 30 days from the date of uploading of the minutes of meeting.
Case No.28 M/s. Sanjay Soya Private Limited, Mumbai
F.No.HQRPRCAPPLY00004734AM23
Subject: Request for extension in EOP against EPCG Authorization No. 0330030538 dated 12.09.2011.
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This is a defer case of PRC Meeting No.06AM24 held on 19.06.2023 (Case No.44) wherein Committee decided to seek a detailed report from RA Mumbai before taking the final decision.
Applicant’s statement: The matter was taken up. The entire submission made by the applicant was gone through. The applicant stated that they have completed 50% exports during the first block and received extension of EOP as per PN 35 dated 25.10.2017 for 6 years to 8 years upto 12.09.2019 which they received the same on 26" May, 2021 after expiry extension well before EPCG Committee meeting of AM 23 dated 04.05.2022 as said in minutes of PRC Committee meeting No.9/AM 23 dated 12.12.2022. Simultaneously applied for addition of export product to Zonal DGFT office on 18.06.2018 which they got it on 17.08.2021 after expiry of extended EOP. Customs authority was not allowing shipment without additional of export product hence they could not make shipment before receipt of letter. After approval of Additional of export products they made the shipment and completed EO within 3 months. Hence they are requesting to allow extension in EOP against subject license for regularized purpose.
Report from RA Mumbai was also seen.
they made the shipment and completed EO within 3 months. Hence they are requesting to allow extension in EOP against subject license for regularized purpose.
Report from RA Mumbai was also seen.
Decision: The Committee examined the case on the basis of statement made by the firm and discussed the matter at length and decided to allow EOP extension up to 30.11.2021 against EPCG Authorization No. 0330030538 dated 12.09.2011 subject to payment of composition fees as per Policy provisions. The firm shall approach RA within 30 days from the date of uploading of the minutes of meeting.
(Action: Applicant/RA-Mumbai)
Case No.29 M/s. K.K.P. Fine Linen Private Limited, Tamil Nadu
F.No.HQRPRCAPPLY00000214AM25
Subject: Request for Extension of EOP against Advance Authorization No. 3210079801 dated 29.10.2020.
Applicant Statement: The applicant stated that they due to global market economic and payment terms they are unable to execute the order, now they have got the order to execute the order. Further only two licenses are pending and all other license obtained by them has been granted EODC letter. Hence they are requesting to allow EOP extension against subject authorization.
Decision: The Committee went through the justification made by the applicant and discussed the matter at length. After detailed discussion it was decided to accede to the request and allowed EOP extension of Advance Authorization No. 3210079801 dated 29.10.2020 for a further period upto 31.10.2024 subject to payment of
21
composition fee as per policy provisions. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.
(Action: Applicant/RA-Coimbatore)
Case No.30 M/s. AaryaFash- Tex, Anmedabad
F.No.HQRPRCAPPLY00000835AM25
Subject: Request for Nexus related issues against EPCG Authorization No. 0830003907 dated 28.10.2010.
This is review case of PRC Meeting No.01/AM25 held on 04.04.2024 (Case No.18) wherein Committee rejects the case.
Applicant Statement: The applicant stated that they are submitting for a review application as the description of export made is embroidered fabrics and garments and the same is exported from the embroidery machine hence they request to consider under same and similar product category. ITCHS code was not mentioned earlier in the license at the time of export and hence they just require PRC committee to consider the export of different HS code and accept their application as the product exported is manufactured from the machine imported under EPCG license. Hence they are requesting to allow relaxation for addition/amendment of ITCHS for redemption of subject authorization. Decision: The Committee went through the justification made by the applicant and discussed the matter at length. After detailed discussion it was decided to accept the request to allow addition of ITCHS code of embroidered RMG in the EPCG Authorization No. 0830003907 dated 28.10.2010 from date of issue of Authorization. No other relaxation was given and the other terms and conditions towards fulfillment of EO shall remain same as per policy/HBP provisions. 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.31 M/s. Sun Pharmaceutical Industries Limited, Mumbai
F.No.HQRPRCAPPLY00000842AM25
Subject: Request for Extension of EOP against Advance Authorization No. 0511012032 dated 22.04.2022.
Applicant Statement: The applicant stated that they have completed the EO in terms of value and quantity and have exported 0.2024% (i.e. 2.869 Kgs) w.r.t 5 Bills of Entries within the initial validity period i.e. 12 months from the date of import, and remaining quantity exported beyond initial EOP within the next 24 months. Due to
22
technical consumption and casting issues shipment consignment made delay beyond EO. RA advised them to approach PRC for 2"? EOP extensionupto 21.05.2024 to regularize the export already made. Hence they are requesting to allow EOP extension against subject authorization.
Decision: The Committee went through the justification made by the applicant and discussed the matter at length. After detailed discussion it was decided to accede to the request and allowed EOP extension of Advance Authorization No. 0511012032 dated 22.04.2022 for a further period upto 31.05.2024 subject to payment of composition fee as per policy provisions. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.
(Action: Applicant/RA-CLA-New Delhi)
Case No. 32 M/s. Sun Pharmaceutical Industries Limited, Mumbai
F.No.HQRPRCAPPLY00000843AM25
Subject: Request for Extension of EOP against Advance Authorization No. 0511011758 dated 12.04.2022.
Applicant Statement: The applicant stated that they have completed the EO in terms of value and quantity and have exported 10.72% w.r.t. 2 Bills of Entries within the initial validity period i.e. 12 months from the date of import, and remaining quantity exported beyond initial EOP within the next 24 months. Due to technical consumption and casting issues shipment consignment made delay beyond EO. RA advised them to approach PRC for 2"? EOP extension upto 13.04.2024 to regularize the export made. Hence they are requesting to allow EOP extension against subject authorization. Decision: The Committee went through the justification made by the applicant and discussed the matter at length. After detailed discussion it was decided to accede to the request and allowed EOP extension of Advance Authorization No. 0511011758 dated 12.04.2022for a further period upto 30.04.2024 subject to payment of composition fee as per policy provisions. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.
(Action: Applicant/RA-CLA-New Delhi)
Case No.33
M/s. Yamaha Music India Private Limited, Gurgaon
F.No.HQRPRCAPPLY00000852AM25
Subject: Request for Extension of EOP against Advance Authorization No. 0510415134 dated 07.09.2020.
)
23
Applicant Statement: The applicant stated that Post completion of export obligation; they submitted their request for issuance of Export Obligation Discharge Certificate. Since 12.75% of export obligation was made after the expiry of EOP, therefore ADGFT Delhi marked their application as deficient. However, they wish to highlight that after the expiry of the export obligation period, they have completed the export of goods covered under the said Authorization. Hence they are requesting to allow EOP extension against subject authorization. Decision: The Committee went through the justification made by the applicant and discussed the matter at length. After detailed discussion it was decided to accede to the request and allowed EOP extension of Advance Authorization No. 0510415134 dated 07.09.2020 for a further period upto 31.05.2022 subject to payment of composition fee as per policy provisions. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.
(Action: Applicant/RA-CLA-New Delhi)
Case No.34 M/s. Yamaha Music India Private Limited, Gurgaon
F.No.HQRPRCAPPLY0000851AM25
Meeting No.07AM25 heldon 06.06.2024
Subject: Request for Extension of EOP against Advance Authorization No. 0511003907 dated 30.07.2021.
Applicant Statement: The applicant stated that they have previously availed extensions for the export obligation period twice (As per Para 4.40 of HBP), and they are immensely grateful for the understanding and assistance extended to them on those occasions. Unfortunately, due to inflated market conditions and productions constraints, they find us in need of seeking a third extension of the export obligation period. Please note that they had fulfilled export obligation in tune of 86% of total export obligation and for balance export obligation of 14%, they seek another extension. They will be able to fulfill export commitments in entirety, thereby upholding the objectives of the Advance Authorization scheme. Hence they are requesting to allow EOP extension against subject authorization. Decision: The Committee went through the justification made by the applicant and discussed the matter at length. After detailed discussion it was decided to accede to the request and allowed EOP extension of Advance Authorization No. 0511003907 dated 30.07.2021 for a further period of 6 months from the date of endorsement subject to payment of composition fee as per policy provisions. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.
(Action: Applicant/RA-CLA, New Delhi)
Case No.35 M/s. Shahi Exports Private Limited, Bengaluru
24
F.No.HQRPRCAPPLYO00000855AM25
Subject: Request for closure of Authorizations against 13 Advance Authorization Numbers.
Applicant Statement: The applicant stated that in a year, they export around 60,000 shipments and obtain about 300 SAAs from Bangalore and New Delhi R.As. The export obligation is fulfilled normally within a period of three to four months and redemptions are applied regularly. Over the years, in very few cases (13 in number), it so happened that after they obtained SAAs and made imports; the buyers changed the design/specification/size of the Garments to be exported. At that point of time, they were not in a position to dishonour the Orders and hence manufactured and exported Garments as per the revised Orders. They approached NC for the fixation of Norms in all these cases. The NC did not take up these cases as the facility for obtaining SAA on Self-Declaration basis was not available in the earlier policy periods. In its meeting dated 28.03.23, they were given a Personal Hearing and during the hearing, they were orally advised by the NC to approach the PRC. The exports have been made within the valid export obligation period and the foreign exchange stand realized. All the inputs have duly been accounted for. The RAs and the Customs are asking them again and again to get the bond redeemed. Hence they are requesting to allow relaxation for the fixation of norms by the NC on PostExport basis for regularization purposes against subject authorizations.
Case No.36 M/s. Gland Pharma Ltd, Hyderabad
F.No.HQRPRCAPPLYO0000849AM25
Subject: Request for Extension of EOP against Advance Authorization No. 0911003206 dated 20.06.2022.
Applicant Statement: The applicant stated that they have obtained the Advance Authorization No. 0911003206 Dt.20.06.2022 under Appendix 4J (Serial No.2) with Pre-import condition (12 months validity from the date of every import). SI No. Import API BE No. / Date. Export obligation date as per Appendix 4J (1 year) from the BOE dated Extension of EOP Date as they applied as per Para 4.40 (d) of HBP 2023. But the Addl. DGFT Hyderabad approved EOP extension upto 19.05.2024 instead of 19.11.2024 (as per Para 4.40 (d) of HBP 2023), granted 12 months from the date of last import instead of 18 months from the date of bill of entry. Hence they are requesting to allow EOP extension against subject authorization.
Decision: Withdrawn. As decided in case No. 26.
25
M/s. DC Auto Parts Private Limited, Bengaluru
F.No.HQRPRCAPPLY00000850AM25
Meeting No.07AM25 heldon 06.06.2024
Subject: Request to permit the Review Application Norms Committee against Advance Authorization No. 0710115147 dt.09.07.2019.
Applicant Statement: The applicant stated that Out of the total 29 number of inputs, only three inputs at SNos. 27, 28 & 29 of the Authorization were falling under Norms with a minimum wastage of 1%. All other items are components with no wastage. Their application was placed for Norms Committee approval in the meeting No.8/81-ALC2/2020 dated 29.09.2020. The application was rejected due to nonsubmission of Technical data / clarification sought by the committee even after reminder mails. During the period, the Covid 19 pandemic had set in and had severe adverse impact on their business. They had closed the unit based on the government directions. Their administration was in complete mess and staff in logistics and finance did not have the proper access to check the status of application and correspondences as some of the key staff had moved to their native places. The mid level commercial executive who was responsible for monitoring the Advance Authorization was seriously affected by the Covid 19 and left job during the period. Being an MSME Unit, all their focus was to manage the staff and restore the production operation which was almost reduced to Nil. Further the Unit was functioning intermittently based on the government restrictions as the Covid 19 pandemic continued to effect the logistics.
production operation which was almost reduced to Nil. Further the Unit was functioning intermittently based on the government restrictions as the Covid 19 pandemic continued to effect the logistics. Hence they are requesting to allow condonation the delay and allow filing the review application for Norms Committee against subject authorization.
Decision: Withdrawn. The Committee noted that it is not a PRC matter. The firm may approach Norms Committee in terms of Policy Circular No. 03 dated 30.05.2024.
M/s. Minda Kosei Aluminum Wheel Private Limited, Haryana...
F.No.HQRPRCAPPLY00007863AM24
Subject: Request for Third Party Exports.
This is a defer case of PRC Meeting No.03/AM25 held on 25.04.2024 (Case No.49) wherein Committee decided that previous submissions made by the firm before PRC and the decision thereon may be collated and placed before the PRC taking a holistic view.
Applicant Statement: The matter was taken up. The entire submission made by the applicant was gone through. The applicant stated that Adverse Impact on Trade
26
Post the commencement of manufacturing by the Applicant, the domestic market witnessed an increased demand for alloy wheels. This increase in domestic demand was caused due to preponement of MSILs (Maruti) expansion plan and increased demand of OEMs customers for cars fitted with alloy wheels. This demand (which would have otherwise been met by import because of few low-scale domestic manufacturers) was met by the Applicant. During the period 2016-17 until 2021-22, the total no of Alloy wheels manufactured by the Applicant and supplied to MSIL which were ultimately exported by MSIL outside India is approximately INR 134 crores in value. Had the Applicant not fulfilled this sudden domestic demand, MSIL alone would have had to import alloy wheels valuing INR 2,046.66 crores. Therefore, if the Applicant had exported directly outside (which though was impossibility), there would have been an adverse impact on trade because the OEMs would have been forced to import the alloy wheels.
, if the Applicant had exported directly outside (which though was impossibility), there would have been an adverse impact on trade because the OEMs would have been forced to import the alloy wheels. Genuine Hardship 2016 onwards (when the Applicant commenced manufacturing) the international automobile sector witnessed a decline due to macro-economic factors which by 2018 saw a negative growth reaching almost -17% with the onset of COVID-19. At the same time there were dumping trends from China in the international market which was impossible for the Applicant to compete. This decreasing demand of cars outside India persisted until the international market completely recovered from COVID pandemic. The nature of alloy wheels is also such that its usage is limited to its application in cars alone. Further, the procurement of contract for supply of wheels is highly technical involving months of testing for safety concerns before any contract for export can be finalized. Therefore, the Applicant submits that it was impossibility for it to meet its EO in the face of act of god in the nature of COVID pandemic. Hence they are requesting to allow third party export against various EPCG authorizations.
Decision: The Committee examined the case on the basis of submission made by the firm and discussed the matter at length. After detailed discussion it was decided to defer the case.
(Action: Applicant/PRC)
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