DGFT Committee Minutes
Date of Uploading 23 / \© /2024 DirectorateGeneral of Foreign Trade (PRC Section)
Minutes of the Policy Relaxation Committee Meeting Held on 03.10.2024 under the Chairmanship of Shri Santosh Kumar Sarangi, Director General of Foreign Trade
Meeting No.17AM25 held on 03.10.2024
The following members were present in the meeting:
- Ms Shubhra Sr. Dev. Commissioner 2. Shri Hardeep Singh Addl. DGFT 3. Dr. S. K. Bansal Addl. DGFT 4. Shri Rakesh Kumar Addl. DGFT 5. Shri K.V.Tirumala Joint DGFT 6. Shri K.M. Harilal Joint DGFT : 7. Shri Randheep Thakur Joint DGFT 8. Shri Md. Moin Afaque Joint 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 | Name of the firm<br>| 1. [Mis Accredited Consultants Private Limited, Uttar Pradesh<br>| 2. (Mis. Encube Ethicals Private Limited, Mumbai<br>| 3. [Mis. Reliance Industries Limited, Mumbai<br>| 4. [Mis. OGSP Oil & Gas Private Limited, Delhi<br>| 5. IMs. Sreem Overseas Inc, Telangana<br>| 6. |Mis. Bharat Heavy Electricals Limited, Delhi<br>| 7. |Mis. Sangam (India) Limited, Rajasthan<br>| 8. |Mis. Infiiloom India Private Limited, Pune<br>| 9. [Mis. Prasad NC Machine Systems Private Limited, Chennai<br>| 10. IMis. OGSP Oil & Gas Private Limited, Delhi<br>| 11. IMs. Adani Wilmar Limited, Anmedabad<br>| 12. |Mis. Cinturones International Private Limited, Uttar Pradesh<br>| 13. |Mis. Encube Ethicals Private Limited, Mumbai<br>| 14. Mis. Encube Ethicals Private Limited, Mumbai<br>15. M/s. Jagson Colorchem Limited, Anmedabad<br>----- End of picture text -----<br>
| 13. |Mis. Encube Ethicals Private Limited, Mumbai<br>| 14. Mis. Encube Ethicals Private Limited, Mumbai<br>15. M/s. Jagson Colorchem Limited, Anmedabad<br>----- End of picture text -----<br>
||16.<br>Mis.Ashish LifeScience Private Limited, Mumbai<br>|17.<br>|Mis.JumboBag Limited, Tamil Nadu<br>|18.<br>|M/s. Balgopal Jewellers Private Limited, Delhi<br>|19.<br>|Mis. Dharma Exports, Daman and Diu<br>|20.<br>|M/s. Khanna Paper Mills Limited,Gurugram<br>21.<br>IMs. Mantora Oil Products Private Limited, Kanpur<br>|22. —_[M/s. Adiba Fashions, Mumbai<br>|23.<br>Mis. IndiaCrankManufacturing Co., Rajkot<br>24.<br>Mis. Rusan Pharma Limited, Mumbai<br>|25.<br>|Mis. BChintamaniDyesPrivate Limited, Surat<br>| 26.<br>Mis. Lubi Industries Llp,Anmedabad<br>27.<br>IMis. Lubi Industries Llp,Anmedabad<br>| 28.<br>Mis. K PatelChemo-Pharma Private Limited, Mumbai<br>|29.<br>|M/s. Mahindra& Mahindra Ltd., Mumbai<br>|30.<br>|Mis.EminentDealersPrivateLimited,Rajasthan| |---|
Case No.01 M/s. Accredited Consultants Private Limited, Uttar Pradesh
F.No.HQRPRCAPPLY00007284AM25
Meeting No.17AM25 held on 03.10.2024
Subject: Request for unutilized scrip amount Rs 90536 against SEIS Scrip No. 0511014796 dated 14.09.2022.
Applicant’s statement: We have received incentive scrip amounting Rs.4,83,677.41. Out of this we have utilized Rs.3,93,141/- scrip amount. Through oversight we could not utilized balance amount of the scrips Rs.90536/-, therefore, we request you to issue fresh scrip so as to enable us to utilize the same.
Decision: The Committee examined the statements made by the applicant and discussed the matter at length 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 reject the request.
(Action: Applicant)
Case No.02 M/s. Encube Ethicals Private Limited, Mumbai F.No.HQRPRCAPPLY00007279AM25Meeting No.17AM25 held on 03.10.2024
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Subject: Request for Extension of EOP against Advance Authorization No. 0311009112 dated 02.12.2021.
Applicant’s statement: With reference to Advance Authorization No. 0311009112 Dt 02.12.2021, we wish to inform you that we have fulfilled the export obligation to the extent of 98% within the extended validity of license i.e. 2.12.2023. For the balance export quantities, the demand was postponed by our customer; hence we could not fulfill the export obligation within the validity. Currently we have obtained the valid export orders against which we can fulfill the export obligation; hence we would humbly request your good self to grant us the extension of our export obligation period for a further 6 months from approval.
Decision: The Committee discussed the case on the basis of submission made by the applicant and in view of justification provided by the firm. The Committee noted that the applicant has faced a genuine hardship which were beyond their control and it decided to accede to the request and allowed EOP extension for 6 months against advance authorisation No. 0311009112 dated 02.12.2021 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.
M/s. Reliance Industries Limited, Mumbai
F.No.HQRPRCAPPLY00007215AM25
Meeting No.17AM25 held on 03.10.2024
Subject: Request for revalidation of Scrip against MEIS Scrip No. 0319277530 dated 26.02.2020.
Applicant’s statement: Request for revalidation of 66 MEIS scrips for unutilized MEIS credit of Rs 1.41 Crs due to pandemic and huge volume of MEIS scrips somehow we missed out utilization of MEIS credit. Due to circumstances beyond control we were unable to utilize the MEIS scrips in the duration provided under Para 3.13 of HBP. Our request letter along with details of 66 MEIS scrips attached.
Decision: The Committee examined the statements made by the applicant and discussed the matter at length 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 reject the request.
(Action: Applicant)
Case No.04 M/s. OGSP Oil & Gas Private Limited, Delhi : F.No.HQRPRCAPPLY00007264AM25 Meeting No.17AM25 held on 03.10.2024
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Subject: Request for closure of Authorizations against Advance Authorization No. 0510345184 dated 07.02.2013.
Applicant’s statement: We are writing to request your kind consideration for the shipping bills issued under Advance Authorization No. 0510345184. We have successfully exported under this license, however, due to unforeseen circumstances; we inadvertently omitted to endorse the license details on the shipping bills. We would like to clarify that we have the ARE1 document in our possession, which serves as evidence of the export under the specified license. The oversight occurred due to a combination of factors. Our export manager, who was knowledgeable about the license procedures, was unfortunately ill during the relevant period. Subsequently, he left the company, and our top management was preoccupied with acquiring new markets. As a result, the matter of license endorsement was inadvertently overlooked. Considering these circumstances and the fact that the export has been duly completed, we kindly request you to accept our shipping bills for fulfillment of the export obligation under the Advance Authorization. We are committed to complying with all export regulations and procedures. We apologize for any inconvenience caused and appreciate your understanding in this matter. Thank you for your prompt attention to this request. For Gas Tech Process Engineering India Pvt. Ltd. We acknowledge that we exported the full entitlement under this authorization.
ng in this matter. Thank you for your prompt attention to this request. For Gas Tech Process Engineering India Pvt. Ltd. We acknowledge that we exported the full entitlement under this authorization. However, due to an oversight at the time or lack of experienced staff related to foreign trade policy, we failed to endorse the license number on the related shipping bills. We understand the importance of this endorsement and sincerely regret the unintentional omission. We want to assure you that we did not avail any duty remission or incentive, nor did we claim any drawback benefit on the exports linked to this authorization. This clearly demonstrates our bona fide intention in fulfilling the export obligation as per the authorization's terms. Given these circumstances, we humbly request your kind consideration to allow the post-facto endorsement of Advance Authorization No. 0510345184 on the relevant shipping bills. We are prepared to submit any additional documents or clarifications you may require to support our request. We understand that such post-facto endorsements may be subject to specific regulations. We are fully prepared to comply with any necessary procedures or penalties, as determined by the DGFT.
Decision: The Committee examined the statements made by the applicant and discussed the matter at length 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 reject the request.
Case No.05 M/s. Sreem Overseas Inc, Telangana
F.No.HQRPRCAPPLY00007189AM25
Meeting No.17AM25 held on 03.10.2024 Subject: Request for relaxation for grant of FMS.
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Applicant’s statement: Request is for issue of FMS Scrip FMS scrip for Rs.23.66 Lakhs for the year 2010-2011 already applied to RA, Hyderabad on 08-06-2011, 31-05-2011 and 30-05-2011 and also to issue FMS for year 2010-2011 for Rs. 14.11 Lac and for Rs. 15.91. Lac for the year 2011-2012 which we could not claim / apply due to commencement of investigation by DRI and Customs authorities from 24.6.2011 and subsequently decided in favour of our company between 17.11.2017 to 15.5.2023, as the same was beyond our control and the entire delay in on part of the Government Department of DRI and Customs authorities.
Decision: The Committee went through the submission made by the firm and discussed the matter at length and it decided to refer the issue to PC-3 Division for examination.
(Action: Applicant/ Policy-3)
Case No.06 M/s. Bharat Heavy Electricals Limited, Delhi
F.No.HQRPRCAPPLY00000130AM25
Meeting No.17AM25 held on 03.10.2024
Subject: Request for re-fixation of AEO against EPCG Authorization No. 0430014130 dated 21.10.2014, 0430014327 dated 06.01.2015, 0430014345 dated 09.01.2015, 0430015415 dated 03.02.2016. Applicant’s statement: There was decline in our export turnover performance on account of the following:1. Change in policy of Government of India i.e. promoting renewable sources of power generation like wind, solar etc., abide by Paris Accord.2.Contracts secured by us were not given Mega Status by Gol. (ReCategorization of Power Projects).3. C. Environmental Factors & Bankruptcy of customers. The overall export (Deemed & Physical) performance of BHEL, Ranipet was continuously on the decline from the year 2012-13 onwards. Thus, the AEO of above EPCG Authorization could not be met as per FTP 2009-14. Considering the un-favorable market conditions in power sector and policy changes, EPCG Committee was requested to RE-fix the AEO. The delay in above submission may please be condoned.
Decision: The Committee examined the statements made by the applicant and discussed the matter at length 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 reject the request.
(Action: Applicant)
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----- Start of picture text -----<br> Case No.07 M/s. Sangam (India) Limited, Rajasthan<br>a<br>F.No.HQRPRCAPPLY00007155AM25 on~<br>----- End of picture text -----<br>
Meeting No.17AM25 held on 03.10.2024
Subject: Request for revalidation of Target Plus Scrip against Target Plus Scheme Authorization No. 0310839838 dated 30.08.2022.
Applicant’s statement: — Extension of validity of our Target Plus Script, which is set to expire on 29.08.2024. Currently, we have utilized Rs. 2,91,91,373 (72%) of the total script value of Rs. 4,06,97,335 leaving us with a balance of Rs. 1,15,05,962. The license issued to us is dated 30.08.2022 while the same after registration and other formalities was ready to be used only after 01.10.2022 leading to delay in usage. The global market has experienced unexpected fluctuations, impacting our exports. Our suppliers are also facing production delays and logistic issues resulting in delayed shipments and impacting our ability to import. Expiry of this license will impact our working capital. Already, Textile industries are facing hardship due to stiff global competition. The freight rates for shipping from China had increased significantly, resulting in very high cost. The escalated shipping costs had rendered our initial import plan unviable. As a result, we had to temporarily reduce our import. But, now since conditions have improved, also we have placed orders with suppliers. With extension we would be able to use the license thereby reducing our cost to provide competitive rates in the international markets for export. We would be able to continue our imports without interruption, ensuring smooth business operations and meeting our customer commitments.
ide competitive rates in the international markets for export. We would be able to continue our imports without interruption, ensuring smooth business operations and meeting our customer commitments. Being a four-star export house with robust export orders in hand, we are well-positioned to fully utilize the remaining balance for our export operations. Export made by us in previous 3 years is : Period Export Turnover (in Cr.) 20212022 921 2022-2023 757 2023-2024 867 It will not be out of place to mention that we are not defaulter in any case with the DGFT. We request to extend the script's validity for 1 year i.e. 29.08.2025. We hope our request will be ascended. Further you are requested to kindly allow personal hearing to represent our case. Decision: The Committee examined the statements made by the applicant and discussed the matter at length 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 reject the request.
Case No.08 M/s. Infiloom India Private Limited, Pune
F.No.HQRPRCAPPLY00007463AM25
Meeting No.17AM25 held on 03.10.2024
Subject: Request for Deduction/ Waiver of Late Cut Fee against Rebate of State and Central Taxes and Levies.
Applicant’s statement: With reference to the above subject matter, we had not received ROCTL incentive amount against shipping bills from 12th June 2019 to December 2020. This is to inform you that ROSCTL SCHEME was introduced for
Chapter 61,62 & 63 in the place of MEIS scheme w.e.f. 09.03.2019. all shipping bills processed after 09.03.2019 were under MEIS scheme instead of new scheme presuming ROSCTL software at Customs Authorities also never raised any objection or query for this inadvertent error and continued to allow shipping bills processing under old MEIS scheme. After a certain period vide Public Notice No. 58/2015-2020-DGFT dated 29.01.2020 MEIS application for the said chapters were stopped and could not understand the reason in spite of inbuilt provisions under Para 4.95(g) of the PN 58, DGFT online system shall electronically populated the entailment per shipping bill including adhoc incentive reduce/adjust MEIS wherever already granted. All our shipping bills never got populated in the online system whenever we tried to make online system and wanted to claim ROSCTL scrips for these shipping bills passed under MEIS scheme. Application for MEIS /ROSCTL scheme were also discontinued for a certain period due to COVID-19. When ROSCTL application started on the portal, our shipping bills not shown in the repository does not show at ROSCTL platform resulting nonacceptance of our application.
tain period due to COVID-19. When ROSCTL application started on the portal, our shipping bills not shown in the repository does not show at ROSCTL platform resulting nonacceptance of our application. This is due to shipping bills processed under old scheme. Due to COVID19, our exports have been declined as we are Socks Manufacturer. At present, we are under a heavy Financial Crunch and waiting eagerly for release of last two year’s Exports Incentives (RoSCTL) due. So therefore, we are requesting to allow Shipping Bills made under MEIS scheme into ROSCTL scheme without any late cut. This will be really helping us a lot to solve our financial crisis to some extent during this pandemic situation.
Decision: The Committee went through the submission made by the firm and discussed the matter at length and it decided to refer the issue to PC-3 Division for its examination.
(Action: Applicant/ Policy-3)
M/s. Prasad NC Machine Systems Private Limited,
F.No.HQRPRCAPPLY00007493AM25
Subject: Request for Nexus related issues against EPCG Authorization No. 0430011484 dated 25.07.2012, 0430011981 dated 17.12.2012, 0430012784 dated 30.07.2013, 0430014093 dated 30.09.2014. Applicant’s statement: In the year 2015, our bankers, Indian Overseas Bank (1OB) were moved into the Prompt Corrective Action (PCA) framework by the Reserve Bank of India. As you may be aware, Banks which are put under the PCA framework are restricted from lending freely and are constrained in their operations. This further compounded the challenges faced by PNC as we were unable to draw additional limits from |OB to execute our orders. This coupled with cancellation of orders, meant that PNC was on the brink of insolvency.
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 decided to call the firm for Personal Hearing.
Case No.10 M/s. OGSP Oil & Gas Private Limited, Dethi
F.No.HQRPRCAPPLY00007390AM25
Subject: Request for closure of Authorizations against Advance Authorization No. 0510305104 dated 13.10.2011.
Applicant’s statement: License No. 0510305104 dated 13.10.2011 Dear Sir/Madam, We are writing to request your kind consideration regarding the status of Advance License No. 0510305104 Dated 13.10.2011 Unfortunately, the license is currently standing open and has not been closed due to certain unresolved norms within our organization. This has prevented us from submitting the necessary redemption We understand that it may not be feasible to address the norms related to rejected cases at this time. However, we kindly request your permission to proceed with fixing the norms that are hindering the redemption process. This would enable us to submit the redemption for the said license. We apologize for any inconvenience this may cause, This situation has arised due to unforeseen circumstances, as one of our managers who was overseeing these matters was unfortunately unable to continue due to illness: The absence of adequate staff has led to delays in addressing these issues.
Decision: The Committee examined the statements made by the firm and discussed the matter at length and decided to allow the applicant to approach Concerned Norms Committee with their request.
(Action: Applicant/ Norms Committee)
Case No.11 M/s. Adani Wilmar Limited, Ahmedabad
F.No.HQRPRCAPPLY00007373AM25
Subject: Request for extension of EOP against Advance Authorization No. 0811011087 dated 21.03.2024.
Applicant’s statement: Due to exponential surge in freight costs and trade disruptions around Red Sea the company is facing challenges in fulfillment of Export Obligation in timely manner. We have enclosed herewith detailed application with justifications seeking extension of Export Obligation Period. To provide elaborate understanding of our concern we humbly request you to allow us as in
personal hearing at a suitable date and time.
Decision: The Committee discussed the case on the basis of submission made by the applicant and in view of justification provided by the firm. The Committee noted that the applicant has faced a genuine hardship which were beyond their control and it decided to accede to the request and allowed EOP extension for 6 months against advance authorisation No. 0811011087 dated 21.03.2024 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.
Case No.12 M/s. Cinturones International Private Limited, Uttar Pradesh
F.No.HQRPRCAPPLY00007276AM25
Meeting No.17AM25 held on 03.10.2024
Subject: Request for Norms Committee against Advance Authorization No. 0511014474 dated 25.08.2022.
Applicant’s statement: We are writing to request your kind consideration for a clerical error that has occurred in the Unit of Measurement (UOM) of the export item mentioned in our Advance Authorization No. 0511014474 dated 20/08/2022. Due to this oversight, the norms for our export have not been fixed, resulting in the rejection of our application. We are currently in the process of exporting under this Advance Authorization and are also seeking an extension of its validity. However, the clerical error has created a hindrance in finalizing our norms, which is essential for smooth export operations. We understand that the current system may not allow for a review of the norms. However, we kindly request your permission to allow us to fix our norms so that we can proceed further. If we are unable to resolve this issue, it will lead to significant financial losses for our business. We regret any inconvenience caused due to our inadvertent mistake and assure you that we have taken steps to prevent such errors in the future. We would be extremely grateful if you could consider our request and grant us the necessary permission to correct the UOM and proceed with the norm-fixing process.
Decision: The Committee examined the statements made by the firm and discussed the matter at length and decided to allow the applicant to approach Concerned Norms Committee with their request.
(Action: Applicant/ Norms Committee)
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----- Start of picture text -----<br> Case No.13 M/s. Encube Ethicals Private Limited, Mumbai<br>F.No.HQRPRCAPPLY00007280AM25<br>----- End of picture text -----<br>
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03.10.2024
Subject: Request for Extension of EOP against Advance Authorization No. 0310834775 dated 11.02.2020.
Applicant’s statement: With reference to Advance Authorization No. 0310834775 dated 11.02.2020, we wish to inform you that we have fulfilled the export obligation to the extent of 60% within the extended validity of license i.e. 11.08.2021. For the balance export quantities, the demand was postponed by our customer, hence we could not fulfill the export obligation within the validity. Currently we have obtained the valid export orders against which we can fulfill the export obligation; hence we would humbly request your good self to grant us the extension of our export obligation period for a further 6 months from approval.
Decision: The Committee examined the statements made by the applicant and discussed the matter at length 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 reject the request.
Case No.14 M/s. Encube Ethicals Private Limited, Mumbai
F.No.HQRPRCAPPLY00007137AM25
Subject: Request for extension of EOP against Advance Authorization No. 0311005407 dated 15.07.2021.
Applicant’s statement: With reference to Advance Authorization No 311005407 Dt 15.07.2021, we wish to inform you that we have fulfilled the export obligation to the extent of 95% within the extended validity of license i.e. 12.07.2023. For the balance export quantities, the demand dropped from our customer, hence we could not fulfill the export obligation within the validity. Also note that we already have raw material by us for balance exports Currently we have obtained the valid export orders against which we can fulfill the export obligation, hence request your good self to grant us the EOP.
Decision: The Committee discussed the case on the basis of submission made by the applicant and in view of justification provided by the firm. The Committee noted that the applicant has faced a genuine hardship which were beyond their control and it decided to accede to the request and allowed EOP extension for 6 months against advance authorisation No. 0311005407 dated 15.07.2021 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)
e
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Case No.15 M/s. Jagson Colorchem Limited, Ahmedabad
F.No.HQRPRCAPPLY00006953AM25
Meeting No.17AM25 held on 03.10.2024
Subject: Request for revalidation of Authorization/Certificate against Advance Authorization No. 0811009548 dated 05.10.2023, 0811009532 dated 05.10.2023, 0811009546 dated 05.10.2023. Applicant’s statement: We have totally 3 advance license 1. Lic. No 0811009548 dated 05.10.2023 2.License no 0811009532 dated 05.10.2023 3. 0811009546 dated 05.10.2023 as you know due to global war and chemical market condition our export and import down fall now we plan to new import order this month's but due to license validity to be expired we cannot pending import qty. so request to PRC Team pls. allow another 6 months import Validity or 3 months extension so we utilize license in our import consignment
Decision: The Committee after discussing the matter on the basis of justification submitted by the application, decided to defer the case and ask the applicant to explain reason for seeking revalidation if the AA is already valid till April 2025 as stated in application.
Case No.16 M/s. Ashish Life Science Private Limited, Mumbai
F.No.HQRPRCAPPLY00006938AM25
Meeting No.17AM25 held on 03.10.2024
Subject: Request for extension of EOP against Advance Authorization No. 0310826344 dated 14.01.2019.
Applicant’s statement: We M/s Ashish Life Science Pvt. Ltd hereby declares that we have obtain the advance license 0310826344 Dt: 14.01.2019 for export of Drug item. The license is issued in terms of Policy Circular No.9 (RE-2003)/2002-2007 DT. 30.06.2003. As per the PC 9 Condition the license EOP is 12 months from the date of each import. We have already fulfilled 100% EO quantity and value wise but partial EO is fulfilled after expiry of EO period. Therefore we hereby request to allow EOP extension for subject license till 14.01.2021 for regularization purpose only.
Decision: The Committee discussed the case on the basis of submission made by the applicant and in view of justification provided by the firm. The Committee noted that the applicant has faced a genuine hardship which were beyond their control and it decided to accede to the request and allowed EOP extension up to 14.01.2021 against advance authorisation No. 0310826344 dated 14.01.2019 only
for the regularization purpose 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.
M/s. Jumbo Bag Limited, Tamil Nadu
F.No.HQRPRCAPPLY00006914AM25
Subject: Request for clubbing of Authorizations against Advance Authorization No. 0411002804 dated 04.03.2022, 0410165708 dated 13.06.2019.
Applicant’s statement: | With reference to the above subject, we would like to inform your good selves that we requested the clubbing of an advance license to the RA Chennai DGFT for the above-referred license. However, both licenses are not covered within 18 months as per 4.36 FTP-2015-20. Due to the COVID-19 pandemic, we are unable to complete the export obligation for this license. Therefore, we are requesting your good selves and we are seeking your special approval from the PRC committee to proceed with the clubbing process. we are submitting herewith a clubbing application for the above-mentioned license number of 0411002804 dated April 3, 2022, with another license number 0410165708 dated June 6, 2019. In this connection, we would like to inform you that after clubbing this license, in case of any excess imports, we will regularize it. Therefore, we would respectfully urge you to kindly allow us to club these two files and grant us policy relaxation approval for the same and oblige.
Decision: The Committee examined the statements made by the applicant and discussed the matter at length 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 reject the request.
M/s. Balgopal Jewellers Private Limited, Delhi
F.No.HQRPRCAPPLY00006903AM25
Subject: Request for revalidation of Authorization/Certificate against Advance Authorization No. 0510411478 dated 09.08.2019.
Applicant’s statement: The present Application is being filed seeking the extension of the validity/EO fulfillment period of the Advance Authorization No 0510411478 dated 09/08/2019 considering the benefit of Relaxation given in Public
Notice No.67/2015-2020 dated 31/03/2020 & Notification No.28/2015-20 dated 23/09/2021, in view of the liberty given by the Hon'ble High Court of Delhi vide Order dated 17/08/2023 in W.P.(C) no. 2042/2021. Application dated 25.10.2020 was submitted by the Applicant pursuant to the Hon’ble Court order dated 17.08.2023, to the Additional DGFT seeking revalidation/Extension of EO period of the Advance Authorization No. 0510407940 dated 28.09.2018. The said Application was kept pending for a period of 8 months after which the Applicant received an email on 28.06.2024 from Assistant DGFT, CLA with the direction to file for amendment of the license on DGFT portal for the license first. Further stating that Once the license is validated on BO portal the Applicant can apply for EO extension. Applicant duly followed the aforesaid direction, however after the successful amendment of the Advance Authorization No 0510411478 the applicant could not apply for the extension of EO period on the online portal of DGFT as it was found that the portal accepts request for E.O extension only till 2021.
Authorization No 0510411478 the applicant could not apply for the extension of EO period on the online portal of DGFT as it was found that the portal accepts request for E.O extension only till 2021. Thereafter the Competent Authority has advised the Applicant to approach the Policy Relaxation Committee (PRC) for revalidation of the Advance Authorization No 0510411478 dated 09/08/2019 and extension of export obligation period.
Decision: The Committee heard and examined the justification made by the applicant and discussed the matter at length and it decided to seek a detailed report from CLA, Delhi for taking a decision.
(Action: Applicant/ CLA Delhi)
M/s. Dharma Exports, Daman and Diu
F.No.HQRPRCAPPLY00006098AM25
Subject: Request to allow MEIS benefit against 40 shipping bills.
Applicant’s statement: Ref.: Case No. 38 M/s. Dharma Exports, F. No. HQRPRCAPPLY00001119AM24 Meeting No. 18AM24 held on 20.10.2023 Respected Sir, Please refer to PRC decision in this case in which PRC had rejected our request and found no merit or hardship in the arguments made by the firm and hence decided to reject the request of the firm. We submit that there was no delay from our side for submitting deferent applications to different departments. However, we could not get prompt response from different departments even after applying to them. We submit the details showing the delay occurred at different stages which proves the delay was not from our side. i. Shipping Bills filed and export completed. LEO Received. However, there was inadvertent mistake by ticking "N" instead of "Y" in Reward Column. (Export dated from 12.10.2018 to 02.03.2019) ii. Our office detected above mistake. iii. We applied to Customs for rectification of above mistake u/s 149 of Customs Act 1962. (15.03.2019) iv. Our request for Amendment has been Allowed by Customs. (Dated 10.04.2019) v. Certificate of Amendment No. F.No. VIII/48-73/Amend./Dharma Exports/2019-20 , dated 10.04.2019 issued by Deputy Commissioner of Customs. (Copy Enclosed)
en Allowed by Customs. (Dated 10.04.2019) v. Certificate of Amendment No. F.No. VIII/48-73/Amend./Dharma Exports/2019-20 , dated 10.04.2019 issued by Deputy Commissioner of Customs. (Copy Enclosed)
vi. We tried to file Online Application for MEIS in terms of above Certificate of Amendment. However, DGFT System could not accept Online Application as Amended Shipping Bills were not transmitted to DGFT site. vii. We tried to file Offline Application (Manual Application). However, DGFT did not accept the same. viii. We also requested Customs to Transmit Amended Shipping Bills. However, Customs did not Transmit the same as there was no procedure laid down. ix. An Advisory No. 07/2023 dated 11 April 2023 was issued by DGoS, ICES specified the procedure of Transmissions on Shipping Bills from system backend to DGFT for MEIS benefits. (Advisory issued dated 11.04.2023) x. We applied to Customs for Transmitting the Amended Shipping Bills in terms of above Advisory. (Dated 15.01.2024) xi. Customs then Transmitted the Amended Shipping Bills to DGFT. xii. We applied to PRC requesting to allow to apply online MEIS Applications as the Amended Shipping Bills are now Transmitted to DGFT System. (PRC Requesting Dated 14.09.2023) xiii. PRC decided and rejected our Application and found no merit or hardship in the arguments made by the firm and hence decided to reject the request of the firm. (PRC Decision Dated 20.10.2023) In view of above Clarification, it is clear that there was no delay from our side.
the arguments made by the firm and hence decided to reject the request of the firm. (PRC Decision Dated 20.10.2023) In view of above Clarification, it is clear that there was no delay from our side. The delay occurred because there was no procedure laid down till the issuance of Advisory No. 07/2023 dated 11 April 2023 was issued by DGoS, ICES. Kindly see para 5 of the Advisory which clearly states that: ‘Since this is an inter-ministerial matter (CBIC, MoF and DGFT, DoC), such amendments may be routed through Drawback Division of SBIC along with a copy to this Directorate for necessary action. As per exiting practice with DGFT, such cases shall be transmitted to DGFT from backend without any change in the self-declaration of the exporter i.e., such cases will be transmitted with ?N? flag only without any modification to the original declaration of the exporter.’ The hardship faced by us was not from our side but the delay was from different Government Departments. In view of above we request to accept our application and allow MEIS. We rely on PRC decisions in Case no. at 08 in case of M/s. Jubilant Pharmova Ltd., Meeting No. O3AM23 dated 22.04.2022 & 05.05.2022 and Case No. 30 in case of M/s T.C. Terrytex limited, Meeting No. 14AM23 dated 28.09.2022, Where in PRC, after rejecting their application, asked applicant to approach PRC again after getting SBs transmitted online by Customs to DGFT. In this present case also the SBs have been now transmitted by Customs to DGFT. Hence, we request to accept our application and allow MEIS.
in after getting SBs transmitted online by Customs to DGFT. In this present case also the SBs have been now transmitted by Customs to DGFT. Hence, we request to accept our application and allow MEIS. We request to give personal hearing to explain further and submit different case laws.
Comments of PC-3 was also seen.
Decision: The Committee examined the statements made by the applicant and discussed the matter at length 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 reject the request. (Action: Applicant) Case No.20 M/s. Khanna Paper Mills Limited, Gurugram F.No.HQRPRCAPPLY000051 14AM25 an
Meeting No.17AM25 held on 03.10.2024
Subject: |Request for inactive Port Code INABG1 alibag against DFIA Authorization No. 3011004254 dated 10/10/2023, 3011004255 dated 10/10/2023, 3011004309 dated 17/10/2023, 0511001960 dated 17/10/2023 Applicant’s statement: We, Khanna Paper Mills Ltd (KPML/Company) are engaged in business of manufacturing Paper & paper board & supplied to domestic as well as export customers. The Factory premises situated at Fatehgarh Road, Amritsar and having registered office at B-26, Infocity-1, Gurugram, Haryana and IEC No.0500025258. We have applied transferability of four (4) Duty-Free Import Authorizations in online mode as per mentioned schedule and submitted all relevant documentations at RA, Ludhiana towards issuance of the transferability. RA Ludhiana have issued us all 4 DFIA but mentioned the port code as INABG1 (Alibag Non-EDI-Port) which was non-operational. The Fact come to our knowledge while approaching registration the same with relevant customs. We have made various requests to RA, Ludhiana to get this corrected with original port under RA, Ludhiana but found no results as the functionality of the DGFT portal not allowing to get it corrected in any manner at their level. That on dated 25.07.2024, we have received an email from RA, Ludhiana office through the FTDO which asked us to present our matter to the PRC for the best solutions. The details of the all 4 scripts are listed below: - 1). Script No.3011004254 dated 10.10.2023 valid upto 10.10.2024 File No.122116000050AM20 RLA File No.
ur matter to the PRC for the best solutions. The details of the all 4 scripts are listed below: - 1). Script No.3011004254 dated 10.10.2023 valid upto 10.10.2024 File No.122116000050AM20 RLA File No. 12/21/076/00002AM19 Dated 03.05.2018, INABG1 (Alibag)-Non-ED! 2). Script No.3011004255 dated 10.10.2023 Valid upto 10.10.2024 File No.122116000075AM20 RLA File.No. 12/21/076/00006AM19 Dated 17.08.2018, INABG1 (Alibag)- NON-EDI 3). Scritp No.511001960 dated 17.10.2023 valid upto 17.10.2024 File No.122116000060AM20 RLA File No. 12/21/076/00003/AM19 Dated 14.05.2018, INABG1 (Alibag)- NON-EDI 4). Script No.3011004309 dated 17.10.2023 valid upto 17.10.2024 File No.122116000061AM20 RLA File No. 12/21/076/00005/AM19 Dated 22.06.2018, INABG1 (Alibag)- NON-EDI. In backdrop of above, the DFIA Transferability may please be allowed to be amended for any Port Code pertains to RA, Ludhiana (preferable INSGF6) along with validity stated from the date of amended DFIA. So, your good self is requested to consider our matter generously and be kind enough in releasing corrective DFIA as required in the manual application submitted.
Decision: The Committee having examined the statement made by the applicant and discussed the matter at length and it decided to refer the case to EGTF Division for resolution of the matter. (Action: Applicant/ EGTF Division) Case No.21 M/s. Mantora Oil Products Private Limited, Kanpur F.No.HQRPRCAPPLY00004732AM25Meeting No.17AM25 held on 03.10.2024 at:
Subject:
Subject: Request for revalidation of Scrip against MEIS Scrip No. 2719009557 dated 06.07.2019.
Applicant’s statement: |Request to extend the validity of MEIS script no. 2719009557 dated 06.05.2019 Rs. 1079899.00 as same was expired due to the problem at DGFT's online IEC to IEC script transfer system and also due to clerical /arithmetical /mistake / error as Kandla customs have issued wrong registration number to the said MEIS script and same mistake or error rectify by the Kandla customs by issuing certificate dated 26.02.2024 vide din no. 20240271ML000031363f but after the expiry of MIES script validity dated 05.05.2021. Please note that we M/s. Mantora oil products private limited (IEC no. 0688012809) have purchase the above said MEIS script from M/s. Pravesh export private limited (IEC no. 50130021096) and have issued the TRA from Mihan SEZ (inkrm6 i.e non-edi custom/port) for Rs. 1079899.00 to kandla sea port (inixy1 i.e. edi custom/port). All the relevant documents of MEIS scripts are attached with the clarification letter issued by the kandla customs. please also note the reasons why the MEIS script was expired with out utilization. 1.
l the relevant documents of MEIS scripts are attached with the clarification letter issued by the kandla customs. please also note the reasons why the MEIS script was expired with out utilization. 1. please note that to use the MEIS script for duty payment at customs, DGFT have introduce the new system for transfer of MEIS from one iec no to another iec no by using Adhar OTP or digital signature but due to technical issue above said script was not showing for the transfer at that DGFT system and online transfer of MEIS at the DGFT system was not possible and therefore custom was not ready to debit the said MEIS script for duty payment and therefore to solve this issue we have filed the matter to DGFT vide request no. 20210447864 dated 09.04.2021 and it was closed giving without proper resolution on 30.06.2021 after the expiry of validity of the script. 2. please note that TRA no. 56 dated 18.02.2021 issued from Mihan SEZ (inkrm6 i.e non-edi custom/port) for Rs. 1079899.00 to kandla sea port (inixy1 i.e. edi custom/port) same was register in the edi system vide MEIS script no. 2719009557 dated 06.05.2019 reg. no. 3000863749 dated 26.02.2021 but after register the said MEIS at kandla customs system was not showing and allowing the said MEIS script for debit of duty. further Kandla customs have issue certificate dated 26.02.2024 vide din no. 20240271ml000031363f under section 154 of customs act stating that the registration no 3000863740 dated 26.02.2021. please note details of section 154 of customs act is as under correction of clerical errors, etc.
31363f under section 154 of customs act stating that the registration no 3000863740 dated 26.02.2021. please note details of section 154 of customs act is as under correction of clerical errors, etc. ?clerical or arithmetical mistakes in any decision or order passed by the central government, the board or any officer of customs under this act, or errors arising therein from any accidental slip or omission may, at any time, be corrected by the central government, the board or such officer of customs or the successor in office of such officer, as the case may be. As discussed above the MEIS script validity (i.e. 0505.2021) was laps due to above reasons, further customs department have issued the certificate under section 154 of customs act and rectify the clerical mistake and or error by issuing certificate dated 26.02.2024 vide din no. 20240271ml000031363f and also DGFT help-desk have given the improper resolution after the expiry date of MEIS script and closed on 30.06.2021. we are here by requesting you kindly accept our request for extension of validity of the said MEIS script. Kindly provide personal hearing. g :
Decision: The Committee heard and reviewed the case on the basis of justification furnished by the applicant and discussed the case at length and found no merit in the request of the firm. Accordingly, it decided to maintain rejection as per earlier decision of PRC in its Meeting No. O6AM25 dated 30.05.2024 (Case No.40).
Case No.22 M/s. Adiba Fashions, Mumbai
F.No.HQRPRCAPPLY00004822AM25
Meeting No.17AM25 held on 03.10.2024
Subject: Request for issuance of MLFPS Licence pending for over 3 years against Focus Product Scheme.
Applicant’s statement: Kindly note that the PRC had taken following decision in our case. The Committee after going through the representation observed that no policy relaxation is involved in the case. Accordingly, this case stands withdrawn from PRC. Despite of no relaxation being applicable RA Mumbai & PC 3 are unable to grant us our legitimate claim. We are following up our claim since 2015. We request the PRC to give us personal hearing.
Decision: The Committee heard and reviewed the case on the basis of justification furnished by the applicant and discussed the case at length and found no merit in the request of the firm. Accordingly, it decided to maintain rejection as per earlier decision of PRC in its Meeting No. 19AM24 dated 27.10.2023 (Case No.16).
Case No.23 M/s. India Crank Manufacturing Co., Rajkot
F.No.HQRPRCAPPLY00004728AM25
Meeting No.17AM25 held on 03.10.2024
Subject: Request to kindly allow the benefit of reward scheme DEPB FMS FPS incremental MEIS RODTPE.
Applicant’s statement: Allow reward scheme benefit of DEPB, FMS, FPS, incremental, MEIS, RODTEP for our IEC no. 2407000943 as same is removed from the DEL list. We were not above to get the above said reward as our IEC was in del list but now same is removed from the del list. respected sir, we have imported the capital goods vide EPCG no. 2430000900 dated 05.03.2008. Please note that we were not aware of EPCG EODC conditions of the policy and we have exported the goods under the EPCG scheme but not as per the cut mentioned as a“Cy|
per the EPCG script export goods list and hence DGFT have not accepted our EODC application and added our IEC to DEL alert list. Further, as the amnesty scheme declared by the DGFT we have submitted the application for the same and paid the applicable duty with interest than after DGFT have accepted our EPCG amnesty application and issued closer certificate for EODC of EPCG and after that DGFT have removed our IEC from the del alert list. now as our IEC removed from the del alert list, we are here by requesting you to kindly allow the reward scheme benefit of DEPB, FMS, FPS, incremental, MEIS, RODTPE for applicable under our above said IEC for listed shipping bills. In so many cases, the benefit for the reward scheme was allowed by the PRC committee of the DGFT after removal of IEC from the DEL alert list. Therefore, we are also requesting for the same for our present case.
ases, the benefit for the reward scheme was allowed by the PRC committee of the DGFT after removal of IEC from the DEL alert list. Therefore, we are also requesting for the same for our present case. We are here by requesting you to kindly provide the personal hearing.
Decision: The Committee heard and reviewed the case on the basis of justification furnished by the applicant and discussed the case at length and found no merit in the request of the firm. Accordingly, it decided to maintain rejection as per the earlier decision of PRC in its Meeting No. O6AM25 dated 30.05.2024 (Case No.27).
(Action: Applicant)
Case No.24 M/s. Rusan Pharma Limited, Mumbai
F.No.HQRPRCAPPLY00001410AM25
Subject: Request for extension of EOP against Advance Authorization No. 0311015180 dated 01.06.2022.
Applicant’s statement: As per the customer demand we had obtained Advance Authorization and imported material against subject Advance Authorization, later they changed the delivery schedule. Now the new delivery schedule is planned in the year 2024. Request you to kindly permit necessary permission for extension of AA. We will ensure to complete the EO within the stipulated period.
Decision: The Committee discussed the case on the basis of submission made by the applicant and in view of justification provided by the firm. The Committee noted that the applicant has faced a genuine hardship which were beyond their control and it decided to accede to the request and allowed EOP extension for 6 months against advance authorisation No.0311015180 dated 01.06.2022 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.
Case No.25 M/s. B Chintamani Dyes Private Limited, Surat gria
F.No.HQRPRCAPPLY00007744AM25
Meeting No.17AM25 held on 03.10.2024
Subject: Request for Revalidation of DFIA Authorization No. 0311025262 dated 27.07.2023.
Applicant’s statement: We wish to bring to your attention a matter concerning the above-referenced DFIA. We are a manufacturer and regular importer of Kraft Paper. For one of our imports, we procured the aforementioned DFIA from M/s. Narendra Plastic through M/s. Sun L Export, Mumbai. However, during the transfer of this DFIA to our IEC, the system disallowed the transfer, citing a mismatch in the sequence of the Director's name on the PAN Card and Aadhaar Card. Upon review, it is evident that while the names on both documents are identical, the sequence differs. Due to this technicality, the system did not permit the transfer of the DFIA, rendering it unusable for both M/s. Sun L Export and ourselves. Consequently, we were compelled to clear the consignment by paying the applicable duties. We have since corrected the Aadhaar Card to align with the PAN Card, and the DFIA has been successfully transferred to our name. Unfortunately, by the time this was rectified, the DFIA had already expired. In light of the above, we kindly request that you revalidate the DFIA for an additional three months from the date of endorsement. This extension would enable us to utilize the DFIA for our upcoming import consignment, which is expected to arrive in October-November 2024. We are attaching relevant screenshots from your online system as evidence of the situation.
utilize the DFIA for our upcoming import consignment, which is expected to arrive in October-November 2024. We are attaching relevant screenshots from your online system as evidence of the situation. We hope you will consider the loss we have incurred due to a technical discrepancy and kindly approve the revalidation of the DFIA. Decision: The Committee examined the statements made by the applicant and discussed the matter at length 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 reject the request.
M/s. Lubi Industries Llp, Ahmedabad
F.No.HQRPRCAPPLY0000697AM24
Subject: Request for EOP extension and substitution of name and IEC against Advance Authorization No. 0810083301 dated 01.10.2009. This is a defer case of PRC Meeting No.15AM25 held on 29.08.2024 (Case No.11) wherein Committee defer the case for further examination.
Applicant’s statement: The matter was taken up. The entire submission made by the applicant was gone through. The Original AA holder was amalgamated with this new company holding new IEC number 0812023862. Since, the AA was issued in the name of old company IEC no.0893001457 we are unable to continue Exports without a suitable endorsement to the Authorization. The request ar
extension of EOP as allowed by the Hon'ble High-court of Gujarat. Manual application was submitted in May'2019 but further proceedings are pending,
Decision: The Committee heard and examined the justification made by the applicant and discussed the matter at length and it decided to seek a detailed report from RA Ahmedabad, including the systematic chronology of events and imports made against the authorization etc. as well as update on SLP filed by DoR for taking a decision.
(Action: Applicant/ RA Ahmedabad)
Case No.27 M/s. Lubi Industries Llp, Anmedabad
F.No.HQRPRCAPPLYOO00666AM25
Subject: Request for EOP extension and substitution of name and IEC against Advance Authorization No. 0810081260 dated 07.07.2009.
This is a defer case of PRC Meeting No.15AM25 held on 29.08.2024 (Case No.12) wherein Committee defer the case for further examination.
Applicant’s statement: The matter was taken up. The entire submission made by the applicant was gone through. The Original AA holder was amalgamated with this new company holding new IEC number 0812023862. Since, the AA was issued in the name of old company IEC no.0893001457 we are unable to continue Exports without a suitable endorsement to the Authorization. The request for extension of EOP as allowed by the Hon'ble High-court of Gujarat. Manual application was submitted in May'2019 but further proceedings are pending,
Decision: The Committee heard and examined the justification made by the applicant and discussed the matter at length and it decided to seek a detailed report from RA Ahmedabad, including the systematic chronology of events and imports made against the authorization etc. as well as update on SLP filed by DoR for taking a decision.
(Action: Applicant/ RA Ahmedabad)
Case No.28 M/s. K Patel Chemo-Pharma Private Limited, Mumbai
F.No.HQRPRCAPPLY00003369AM25
Meeting No.17AM25 held on 03.10.2024
Subject: Request for amendment of Advance Authorization for QCO against Advance Authorization No. 0311032938 dated 10.04.2024.
Applicant’s statement: 1. The Authorization Holder has Advance Authorization No. 0311032938 Dt. 10.04.2024 2. Vide Notification No. 69/2023 Dt. 07/03/2024 & 71/2023 Dt. 11.03.2024 - Exemption from mandatory QCO?s is specifically available as endorsed in the advance Authorization upon the request of the Authorization holder. 3. Fresh Advance Authorization was applied vide application No. ARNADVCAPPLY60444140AM24 Dt. 26/03/2024, but QCO’s tab was not implemented on DGFT Online Portal. There was no other option for QCO?s exemption. 4. We applied for amendment for QCO Exemption (vide Notification mentioned in (2)), of the Authorization 0311032938 Dt. 10.04.2024 on 29/04/2024. So for in between period the system did not permit QCO TAB on DGFT Online Portal. 5. Trade Notice No. 03/2024 Dt. 10/5/2024 ‘states that’. The provision of Notification 71/2023 Dt. 11/03/2024 are not applicable retrospectively. The AA issued before 11/03/2024 will be governed by the provision as existed at the time of issuance of those AA. 6. Notification No. 16/2024-25 Dt. 06/06/2024 Ministry of Chemical and petrochemicals (DCPC) was added in Appendix 2Y but the same still did not appear in the drop box of QCO while making new Application. 7. This was later rectified on 24.06.2024 vide Service request No. 202406289792 Dt. 13.06.2024 8. However in case of an existing application the entitled QCO exemption (Vide Notification No.
ication. 7. This was later rectified on 24.06.2024 vide Service request No. 202406289792 Dt. 13.06.2024 8. However in case of an existing application the entitled QCO exemption (Vide Notification No. 69/2023 Dt. 07/03/2024 & 71/2023 Dt. 11.03.2024.) are still not available. The system done not permit this QCO?s exemption selection for an existing licence application. Therefore, we request you the following: A) Please enable from your admin desk our Application of amendment no. ARNADVCAMEND00685997AM25 (File No. 03AB04001636AM25 Dt. 29.04.2024) for availing the QCO exemption B) We suggest that this feature be enabled for exiting application that is entitled for QCO exemption, like the same is available for new Application. 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 full details are not available and decided to defer the case and advise applicant to provide a full chronology of all the events as well as position of imports/ exports .
Case No.29 M/s. Mahindra & Mahindra Ltd., Mumbai
F.No.HQRPRCAPPLY00007840AM24
Subject: Condonation for procedural lapse of not mentioning EPCG license numbers in the S/Bills relating to third party exports by their parent company for fulfillment of EO against EPCG License No.0330033067 dated 03.07.2012 and 0330033690 dated 14.09.2012.
This is a review case of PRC Meeting No.02/AM25 held on 19.04.2024 (Case No.03) wherein Committee rejected the case.
Applicant Statement: Due to recent amalgamation and merger with Mahindra & es
Mahindra Ltd. (NCLT Order No.C.P.(CAA)/32(MB)/2024), the firm is facing issues with online application such as the IEC merging and other ongoing M&A compliance processes. The original policy relaxation application was filed under the Mahindra Heavy Engines Lid., and there will be technical challenges due to the recent merger with Mahindra & Mahindra Ltd. According to the firm the only procedural lapse happened by the CHA while filing the S/Bills, they failed to mention EPCG details in the S/Bills.
In this review applicant they have stated that they had followed all procedure related to third party exports as below and the goods were physically exported out of the country in same form as they had supplied to their group company, the third party. They fulfilled all the following as stated in the FTP for third party exports:-
-
Agreement between M&M and MHEL for manufacturing and supplies under EPCG authorization. ;
-
Lorry receipts as evidence of supplying goods to M&M premises and connecting lorry receipts to port.
. Agreement between M&M and MHEL for manufacturing and supplies under EPCG authorization. ;
-
Lorry receipts as evidence of supplying goods to M&M premises and connecting lorry receipts to port.
-
GST Invoice along with details of EPCG authorization number added.
-
Domestic and export invoices both have EPCG details added.
-
Undertaking from 3° party i.e. M&M on stamp paper as product exported are manufactured by their company.
-
Financial evidence of having received remittance for supplies and BRCs received by M&M against exports.
-
Disclaimer certificate certifying that these exports have not been used by M&M for either fulfillment of specific or average obligation against their licenses.
Except that the CHA failed to mentioned their EPCG license on the S/Bills. Hence they are requesting to allow Condonation for procedural lapse of not mentioning EPCG license numbers in the S/Bills relating to third party exports by their parent company for fulfillment of EO against EPCG License No.0330033067 dated 03.07.2012 and 0330033690 dated 14.09.2012.
The documents submitted on basis of which relief was sought were seen by the Committee.
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 decided to call the firm for Personal Hearing.
Case No.30 M/s. Eminent Dealers Private Limited, Rajasthan..
F.No.HQRPRCAPPLY00004882AM25
Meeting No.17AM25 held on 03.10.2024
Subject: Request for extension of Total EO Period against EPCG Authorization No. 1330004194 dated 14.07.2014. e
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Applicant’s statement: We respectfully request a one-year extension of the Export Obligation (EO) period for EPCG Authorization No. 1330004194, expiring July 14, 2024, due to exceptional circumstances. Despite recent extensions provided by the PRC, ongoing global trade disruptions and post-COVID-19 market sluggishness have impeded our export capabilities. Financial constraints and accrued interest have further exacerbated our difficulties, affecting our operational and expansion efforts. We have engaged Sangam India Limited to assist with our export commitments through third-party exports or potential asset acquisition. A one-year extension until July 2025 will enable us to fulfill our obligations and stabilize our operations, thus supporting our long-term growth and compliance with export requirements. Your favorable consideration is essential for overcoming current challenges and ensuring continued contribution to the Indian economy.
our long-term growth and compliance with export requirements. Your favorable consideration is essential for overcoming current challenges and ensuring continued contribution to the Indian economy.
Decision: The Committee discussed the case on the basis of submission made by the applicant and in view of justification provided by the firm. The Committee noted that the applicant has faced a genuine hardship which were beyond their control and it decided to accede to the request and allowed EOP extension for 1 year against EPCG Authorisation No.1330004194 dated 14.07.2014 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 Jaipur)
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