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 25.03.202 2.04.2025 under the Chairmanship of i mar Sarangi, Di r | of Foreign T
Meeting No. 29AM25 held on 25.03.2025 & 02.04.2025
The following members were present in the meeting:
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Ms. Shubra Sr. Development Commissioner
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Shri Hardeep Singh Addl. DGFT 3. Dr.S.K. Bansal Addl. DGFT 4. Shri Rakesh Kumar Addl. DGFT 5. Shri Abhinav Gupta Addl. DGFT 6. Shri Lokesh H.D. Addl. DGFT 7. Shri K.V.Tirumala Joint DGFT 8. Shri Randheep Thakur Joint DGFT 9. Shri Satya Raja SekharG Joint DGFT
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Shri Pravin Nalawade 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; M/s. Voestalpine VAE VKN India Pvt. Ltd. And M/s. Daikin Air<br>Conditioning India Pvt.Ltd.<br>| 2. Mis. Sree Dev Agro Foods<br>| 3. |Ms. Premium Ferromet Pvt Ltd, Kolkata<br>| 4. |Mis. U K Monu Timbers, Karnataka<br>| 5. |Mis. Budge Budge Refineries Ltd, Kolkata<br>| 6. [Mis. Pmea Solar Systems Private Limited, Mumbai<br>| 7. [Mis. Ganges Jute Private Limited, Kolkata<br>| 8. Mis. Rajhans Impex Private Limited, Jamnagar<br>| 9. [M/s. KLF International, Mumbai<br>| 10. |Mis. Raymond Uco Denim Private Limited, Mumbai<br>| 11. |M/s. Amar Tea Private Limited, Mumbai<br>12. M/s. Splendid Udyog Limited, Tamil Nadu<br>----- End of picture text -----<br>
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|Mis. Raymond Uco Denim Private Limited, Mumbai<br>| 11. |M/s. Amar Tea Private Limited, Mumbai<br>12. M/s. Splendid Udyog Limited, Tamil Nadu<br>----- End of picture text -----<br>
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|oe28.|M/s.|Mercedes-Benz|Research|and|Development|India|Private|
|[40|Wis.|ISK industies|Private Limited. Mumbai|=|
|[46||Mis. VKS|Hitech|Private Limited,|Haryana|
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- M/s. Brightstar Textile, Maharashtra
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o58. teeammesM/s. Premium Medical and Health CareeeProviders Private [50 fiis. GS Expors Private Limited Mumba [6T._Mis. Malika Texiles Private Limited Ludhiana | 22?64.[SaaS] M/s. Vrijesh Natural Fibre & Fabrics (India) Private Limited, (66. |Wis. Surmount Laboratories Private Limited, Mumbai [65 |Ms. Teena Labs Limited Hyderabad
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(68. fws. TeenaHyderabad Labs Limited [ 80. |Wis. Dana Anandinda PrvateLimfed, Pune
Case No.01 M/s. Voestalpine VAE VKN India Pvt. Ltd. and M/s. Daikin Air Conditioning India Pvt.Ltd.
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F.No. 01/60/162/63/AM25/PRC
Meeting No.29AM25 held on 25.03.2025 & 02.04.2025
Subject: Post-export EPCG duty Credit ScripRevalidation of Scrips in Pursuance of Order of Hon’ble High Court Delhi.
Applicant Statement: Relaxation to revalidate the post-export EPCG Scrips which have expired due to difficulties faced in their utilization. Post export EPCG Duty Credit Scrips(s) was introduced w.e.f. 05.06.2012 by insertion of a new para 5.11 in the FTP 2009-2014, vide which exporters could import Capital Goods on payment of applicable duties, taxes and cess in cash. After completion of the Export Obligation, basic Customs Duty so paid on the Capital Goods was to be remitted in the form of freely transferable duty credit scrip(s). 2.The Scheme was continued in FTP, 2015-20 with stipulation as per the para 5.12(e) of FTP that “Al! provisions for utilization of scrips issued under Chapter 3 of FTP shall also be applicable to Post Export EPCG Duty Credit Scrip(s).” 3.Issuance of Post Export EPCG Duty Scrip)s) has been discontinued in the FTP,2023.
4.Although the exporters were able to apply online for issuance of the Post Export EPCG Authorization, they could not apply online for grant of freely transferable Chapter 3 incentive scrips because the online module in the DGFT system to apply for grant of freely transferable incentive scrips could not be operationalised. Accordingly, RAs issued to the EPCG authorization holders, Post Export EPCG Scrips manually by adopting the format prescribed for MEIS scrip.
A. Agenda Note for PRC from EPCG Division is enclosed.
B. Orders of High Court of Delhi.
Decision: The Committee went through the justification made by the firm and discussed the matter at length and observed that there is merit in the case. Accordingly, the Committee decided to accede to the request of the firm and allowed revalidation of EPCG Duty Scrip No. 0530165117 dated 20.01.2023 of M/s Voestalpine VAE VKN India Private Limited and EPCG Duty Scrip No. 0530172505 dated 06.10.2022 of M/s Daikin Air Conditioning India Pvt. Ltd. for a period of 6 months from the date of endorsement. The firms shall approach RA within 30 days from the date of uploading of the minutes of meeting.
(Action: Applicant/ CLA Delhi)
M/s. Sree Dev Agro Foods, Tamil Nadu
F.No. HQRPRCAPPLY00011317AM25
Meeting No.29AM25 held on 25.03.2025 & 02.04.2025
Subject: Accepting the SEO in terms of Policy Circular No. of 07 of 2002 Dated
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11.07.2022 and Condone the procedural lapse.
Applicant Statement: We have completed the stipulated export obligation over and above of annual average export performance in-terms of Chapter 5 of FTP / HBP 2009-2014 with physical exports under Para 5.10 (d) of HBP. The EO under subject shipping bills are effected through drawback scheme shipping bills by the third party and the details have endorsed properly whereas the particular authorization details were not declared by them inadvertently therefore we have executed an Affidavit as per Policy Circular No.07/2002 Dated 11-07-2002 and complied the conditions laid down. We have represented the case with EPCG Committee on 27-06-2024 vide file no: HAREPCGPRAPP00000133AM25 whereas in the minutes of meeting no.06/AM25 Dated 29-08-2024, the authority couldn't consider the request and stating have not submitted any cogent reasons or justification in support of any genuine hardship faced by us. On above circumstances, please note all the exports made on or before 31-03-2015, we have informed the exporter to declare the authorization number and other particulars whereas due to operation lack their logistics have omitted the authorization number but they have endorsed the manufacturer / authorization holder name and IEC details promptly under drawback shipping bills.
due to operation lack their logistics have omitted the authorization number but they have endorsed the manufacturer / authorization holder name and IEC details promptly under drawback shipping bills. Hence, we request your good self to kindly condone the procedural lapse and inform RA to consider the case interms of Policy Circular No.07/2002 Dated 11-07-2002 since the goods exported before 31-03-2015 the condition of Appendix-5C will not be arised and please issue an EODC i.e Redemption letter accordingly. RA report was also seen. Decision: The Committee went through the submission made by the firm and discussed the matter at length and it decided to seek more information from applicant regarding proof of supply made by license holder to ultimate exporter along with proof of payment received from ultimate exporter and other corroborative evidence.
M/s. Premium Ferromet Pvt. Ltd, Kolkata
F.No.HQRPRCAPPLY00001001AM25
Subject: Request for revalidation of Scrip against MEIS Scrip No. 0219110459 dated 01.04.2022.
This is a defer case of PRC Meeting No.23AM25 held on 31.12.2024 & 14.01.2025 (Case No.13) wherein Committee decided to defer the matter and ask the firm to submit a statement explaining the reason for delay between the period of download of MEIS license i.e. 23.10.2022 and date of sending to FSEZ for verification i.e. 15.03.2023.
Applicant Statement: The matter was taken up. The entire submission made by the applicant was gone through. We applied for MEIS license on 21-03-2022 and
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were issued MEIS scrip no. 0219110459 dated 01-04-2022 for Rs. 36,02,495.00 export was from FSEZ NON-EDI port INAKPS and scrip could not be downloaded. Mail was sent to DGFT Delhi on 12-07-2022 after necessary interventions and the order MEIS license was finally downloaded on 23-10-2022. MEIS license was sent to FSEZ for verification /registration and TRA 0 15.03.2023 which was received on 28-03-2023. the validity of MEIS was up to 31-03-2023 and we had only one day left for utilization as 30th march was Ram Navami and_ holiday. We seek revalidation for 3 months for the immediate delay at DGFT/Kolkata and Delhi and TRA work of FSEZ.
Reply from the firm was also seen.
Decision: The Committee reviewed the case on the basis of statement made by the firm and observed that there is no merit in firm’s contention. Hence, it decided to maintain the rejection of the earlier decision of PRC Meeting No.19/AM24 held on 27.10.2023.
Case No.04 M/s. U K Monu Timbers, Karnataka
F.No. HQRPRCAPPLY00012301AM25
Subject: Waiver of Procedural requirement as per HBP against Advance Authorization No. 0710110420 dated 16/09/2016.
This is a defer case of PRC Meeting No.24AM25 held on 24.01.2025 (Case No.42) wherein Committee decided to defer the case and seek a detailed report from the concerned RA for taking the decision in the matter.
Applicant Statement: The matter was taken up. The entire submission made by the applicant , Proprietorship concern, was gone through.
We have fulfilled the export obligation in full. Our export obligation extension application rejected we could not do our further exports under advance authorization and we filed DFIA shipping bills in some cases duty drawback but we have not availed any export benefits other than advance authorization as our intention was only to export under advance license and fulfillment of export obligation. Kindly consider our DFIA shipping bills towards our advance license and issue us the relaxation to consider the shipping bills and issue us the EODC. Proof of part payment of duty has been furnished.
RA report was also seen.
Decision: The Committee examined the submission made by the applicant and discussed the matter at length. After detailed discussion it was decided to accede
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to the request and allow accounting of unutilised DFIA Shipping Bills for fulfilment of EO of Advance Authorization No. 0710110420 dated 16.09.2016. No other relaxation was allowed. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting. RA to handhold applicant regarding submission of documents for EODC.
(Action: Applicant/RA Bengaluru)
Case No.05 M/s. Budge Budge Refineries Ltd, Kolkata
F.No. HQRPRCAPPLY00013084AM25
Subject: Relaxation from Pre Import Condition against Advance Authorization No. 0211007315 dated 20/09/2024.
Applicant Statement: The above-mentioned Advance License was issued to us by RA Kolkata under SION SI.No. E.124. The import item, i.e. Crude Sunflower Oil (FPA 0.5% to 1.85) having ITCHS Code No. 15121110 falls under Appendix - 4J. Hence the said Advance License contains a Pre-Import Condition. Sir, there are some practical genuine hardships to comply with Pre-lmport Condition, which are beyond our control. The hardships are as follows: 1. The international price of the commodity is always fluctuating and volatile. 2. The lead time is 2 to 3 months to produce the finished goods. 3. The overseas buyers require immediate shipment to avoid price fluctuation. 4. If we import first and then search for Export orders, the price will never match. So it is practically not possible to fulfill the Export Obligation. Sir, we would like to state that we have been manufacturer of various types of edible oil including Refined Sunflower Oil (Edible Grade) for more than three decades. We have our own conglomerate of refineries. We regularly import raw materials, i.e. all types of crude oil from various countries all over the world. We are one of the top Custom Duty payers in West Bengal and are honest and large taxpayer of the Government of India. Sir, we own reputed edible oil brands such as Dr. Choice, KMP, Shiva, Nav bhojan, Bake Orbit, Sathi etc.
ustom Duty payers in West Bengal and are honest and large taxpayer of the Government of India. Sir, we own reputed edible oil brands such as Dr. Choice, KMP, Shiva, Nav bhojan, Bake Orbit, Sathi etc. We are regularly importing raw materials on payment of all Custom Duties and make finished products and sale in India, which generates employment of more than 500 persons in our own factory and are serving the nation in the best possible way, any genuine company do. Therefore, we are always holding large quantity of stock which we can export and thereafter we want to import the Duty Free Raw Materials allowed against the above-mentioned Advance License. This will overcome the problem of price fluctuation for overseas buyers, and it will earn precious foreign exchange for our country. This will not create any shortage of edible oil in India as we are already producing the same in large quantity as mentioned above. Sir, for your kind information, in the last financial year 2023-24, we imported 57.90 crore K.G of all types of Crude Oil for approx. USD 532 Million. Sir, we assure you that we will take necessary steps to ensure that our imports after export meet all the other regulatory requirements. In case your office wishes you may impose a time period within which we will complete our import also Sir, in light of what has been explained above, we request your goodself to kindly consider our plea and remove
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the Pre-Import Condition against our above-mentioned Advance License.
Sir, in light of what has been explained above, we request your goodself to kindly consider our plea and remove
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the Pre-Import Condition against our above-mentioned Advance License.
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.
Case No.06 M/s. PMEA Solar Systems Private Limited, Mumbai
F.No. HARPRCAPPLY00013083AM25
Subject: Extension of EOP against Advance Authorization No. 0311016387 dated 15/07/2022.
Applicant Statement: We wish to apply for EO extension. Our order got cancelled earlier therefore we could not complete Export Obligation. Now we have received order for similar product. We have exported 2 items out of 3. Now we need to complete Export obligation for remaining export item. Request to please consider the application and grant us EO extension so that we can complete the obligation and close the case.
Decision: The Committee examined the submission 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. 0311016387 dated 15.07.2022 for a further period of 6 months from the date of endorsement subject to payment of composition fees 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.07 M/s. Ganges Jute Private Limited, Kolkata
F.No. HARPRCAPPLY00013070AM25
Meeting No.29AM25 heldon 25.03.2025 & 02.04.2025
Subject: Revalidation of Scrip against MEIS Scrip No. 0219096925 dated 10/11/2020.
This is a review case of PRC Meeting No.13AM25 held on 07.08.2024 (Case No.08) wherein Committee rejects the case.
Applicant Statement: We have submitted MEIS licence for registration and verification at JNCH, Nhava Sheva on dated 11.10.2020, due to Covid period we cant receive our original MEIS Licence from JNCH, Nhava Sheva. Our MEIS Licence has been misplaced by Custom authority and expired at Custom eae:
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We have obtained NUC and NOC from JNCH Custom Authority.
Decision: The Committee examined the case on the basis of submission made by the firm and discussed the matter at length and decided to refer to PC-3 for examination.
Case No.08 M/s. Rajhans Impex Private Limited, Jamnagar
F.No. HQRPRCAPPLY00013081AM25
Meeting No.29AM25 held on 25.03.2025 & 02.04.2025
Subject: As specified in detailed justification attached against Advance Authorization No. 2410043111 dated 19/05/2019.
Applicant Statement: Either permit us to regularize the AA on the basis of norms already fixed in our other case for the same item in term of HB para 4.12 (vi) read with para 4.12 (iv) and Policy Circular no 8/2023 dated 27.12.2023. Or Enable system to permit us to apply for revision of our rejected norms which are more than 12 months to enable compliance of your office requirement. Detailed justification We have obtained 7 AAs under no-norms category for export of same item namely ?brass Billets?. In six of such AAs NC have already fixed norms but the 7th case was rejected by NC for non-submission of additional information called by it. We did not supply additional information because we thought perusing for separate norms in this AA was a sheer wastage of valuable time of NC when norms for the same item has already been fixed in our own other cases and HB para 4.12 (vi) read with para 4.12 (iv) and Policy Circular no-8/2023 clearly permits regularization of an AA on the basis of norms has already been fixed in our other six AAs for the same item. RA Rajkot has refused to allow this on the ground that above referred HB provisions are not applicable in our this case because in this case norms request has been rejected by NC. (Copy of their letter enclosed).
refused to allow this on the ground that above referred HB provisions are not applicable in our this case because in this case norms request has been rejected by NC. (Copy of their letter enclosed). Our submissions that above provisions are very much applicable in this case because the rejection by NC is not on merit or any other ground but simply due to non-supply of additional information to them as can be seen from the decision of NC enclosed and that none of the HB provisions referred above explicitly forbid so, seems to have fell on || deafnot inearsline andwith wetheweredeclaredadvisedobjectto approachof easing ofNC.doingSuchbusinessan interpretationfor exportispromotioncertainly especially when no prejudice is caused to interest of the revenue. On approaching NC, we have been advised to apply for revision of the rejected norms. (Copy enclosed). But the system does not permit to apply for revision of norms on account of our case being older than 12 months. (Copy enclosed). We request proper appreciation of our contention at appropriate level. In case our contention is still not acceptable even to higher ups in DGFT, the system may please enabled to permit us to apply for revision of our rejected norms case to enable us to comply with the direction of NC in this regard. Currently system does not allow application of revision of norms which are older than 12 months. We have also filed application in prescribed format for clarification on the issue for which we have received no response at all in spite of having sent numerous reminders. Mails sent to DGFT,
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have also filed application in prescribed format for clarification on the issue for which we have received no response at all in spite of having sent numerous reminders. Mails sent to DGFT,
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additional DGs and other concerned officials remain un-responded. We certainly request for Personal Hearing.
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 the concerned Norms Committee for the grounds as stated (not responding to DL) for examination & resolution, provided it is a first Review.
(Action: Applicant/ Norms Committee)
Case No.09 M/s. KLF International, Mumbai
F.No. HQRPRCAPPLY00013080AM25
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Subject: Extension of EOP against Advance Authorization No. 0311015057 dated 27/05/2022.
Applicant Statement: Due to market slake down we unable to fulfill export obligation even after taken 2 EOP extension, now we have valid export order. Now we have valid export order for same products, please consider our request and give us a 12 Months time to fulfill balance export obligation. We already fulfilled EO more that 50% Decision: The Committee examined the submission 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. 0311015057 dated 27.05.2022 for a further period of 6 months from the date of endorsement subject to payment of composition fees 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.10 M/s. Raymond UCO Denim Private Limited, Mumbai
F.No. HQARPRCAPPLY00013078AM25
Subject: Request for Allowed MEIS against the NOC issued by Customs against MEIS Scrips.
This is a review case of PRC Meeting No.16AM22 held on 29.11.2021 (Case No.87) wherein Committee rejects the case.
Applicant Statement: Kindly refer to PRC decision in above case wherein PRC had rejected our request and noted that the Shipping Bills where ‘No’ isS| -10 -
any reason) do not get electronically transmitted on-line in the automated environment. But now as per Advisory 07/2023 dated 11 April 2023 was issued by DGoS, Customs has transmitted our Shipping Bills. Kindly see Below Our Clarification. 1. 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 July 2017 to Dec 2017) 2. Our Audit department detected above mistake. 3. We applied to Customs for correction of above mistake u/s 149 of Customs Act 1962. 4. Our request for Amendment has been Allowed by Customs. (Dated 31.08.2019, 05.02.2020 and 27.12.2021) 5. Certificate of Amendment No. C.No. 11(26)04/PTPL-ICP/Exp/Misc. Corres/19-20/3540 dated 31.08.2019 , C.No. 1I(26)04/PTPL-ICP/Exp/Misc. Corres/19-20/4385 dated 05.02.2020 and C.No. 1I(26)04/PTPL-ICP/Exp/Misc. Corres/19-20/6655 dated 27.12.2021 issued from the Officer of Ass. Commissioner of Customs (Exports), Petrapol Land Customs Station. (Copy Enclosed) (Issued Dated of Certificate of Amendment 31.08.2019, 05.02.2020 and 27.12.2021) 6.
1 issued from the Officer of Ass. Commissioner of Customs (Exports), Petrapol Land Customs Station. (Copy Enclosed) (Issued Dated of Certificate of Amendment 31.08.2019, 05.02.2020 and 27.12.2021) 6. 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. 7. We tried to file Offline Application (Manual Application). However, DGFT did not accept the same. 8. We also requested Customs to Transmit Amended Shipping Bills. However, Customs did not Transmit the same as there was no procedure laid down. 9. An Advisory No. 07/2023 dated 11 April 2023 was issued by DGoS, ICES specifine the procedure of Transmissions on Shipping Bills from system backend to DGFT for MEIS benefits. (Advisory issued dated 11.04.2023) 10. We applied to Customs for Transmitting the Amended Shipping Bills in terms of above Advisory. (Dated 15.07.2024) 11. Customs then Transmitted the Amended Shipping Bills to DGFT. In view of above Clarification, Custom has Transmitted our Shipping Bills to DGFT as per the 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.
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.? In view of above we request to accept our application and allow MEIS. Kindly open our IEC to Apply MEIS Application. We request to give personal hearing to explain further and submit different case laws.
Decision: The Committee examined the case on the basis of submission made by the firm and discussed the matter at length and decided to refer to PC-3 for suitable action.
Case No.11 M/s. Amar Tea Private Limited, Mumbai
F.No. HQRPRCAPPLY00013075AM25
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Meeting No.29AM25 held on 25.03.2025 & 02.04.2025
Subject: Waiver of Procedural requirement as per HBP against Advance Authorization No. 0311037402 dated 25/09/2024. This is a review case of PRC Meeting No.22AM25 _ held on 03.12.2024 & 06.12.2024 (Case No.53) wherein Committee rejects the case. Applicant Statement: Request for permission of Re-Export of Raw Material imported vide Advance Authorization No. 0311037402 dt. 25.09.2024. (Request for Review) The PRC committee rejected the case vide Minutes of Meeting No. 22AM25 held on 03.12.2024 & 06.12.2024 uploaded on 24.01.2025, Case No. 53 (PRC File No. HQRPRCAPPLY00012106AM25). Since the PRC application is rejected, we intend to re-export the material and regularize our case.
Decision: The Committee examined the case on the basis of submission made by the firm and discussed the matter at length along with earlier request and agreed to the request of conversion of Advance Authorisation No. 0311037402 dated 25.09.2024 from “No Norms/ Self Declaration” to “Prior fixation of Ad-hoc Norms” on self-declaration basis. 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.12 M/s. Splendid Udyog Limited, Tamil Nadu
F.No. HQRPRCAPPLY00013074AM25
Subject: Waiver of Procedural requirement as per HBP against Advance Authorization No. 0310821395 dated 01/06/2018. Applicant Statement: Request for Allowing Submission of Initiate Review of Adhoc Norms for Redemption Purpose. No Further Imports/Exports Against Advance Authorization No. 0310821395 Dated 01/06/2018, Beyond 12 Months from NC Decision (Para 4.17 of HBP-2023). ALC File No.: 01/85/050/00054/AM19 Respected Sir, We would like to bring to your kind attention that we have fulfilled our export obligation on a pro-rata basis on 25/01/2019 and have realized the foreign exchange. However, we were recently informed that our Adhoc Norms request was rejected by the ALC on 24/10/2019. We attempted to submit an application for the Initiate Review of Adhoc Norms, but the DGFT system did not accept it due to Para 4.17 of HBP-2023, which states that such a request cannot be made beyond 12 months from the date of uploading the NC decision. Upon reviewing the DGFT portal, we observed that our case was deferred multiple times by the ALC before a final decision was made on 24/10/2019. Although we had submitted our justification on 16/05/2019, the NC was not satisfied with our response. Due to unavoidable circumstances, we were unable to track the NC decision in time, leading to the rejection of our case. Chronology of Events: Sr. No. ALG Meeting Date Remarks 1 01-11-2018 Await from Comment from Textile Commissioner 2 13-12-2018 Await from Comment from Textileoe -42 -
g to the rejection of our case. Chronology of Events: Sr. No. ALG Meeting Date Remarks 1 01-11-2018 Await from Comment from Textile Commissioner 2 13-12-2018 Await from Comment from Textileoe -42 -
24-01-2019 Case Transferred to NC-5(Textile Section) 4 28-03-2019 Query Raise to Firm & Re-Listed -16/05/2019 5 16-05-2019 Firm’s Replied but Committee ask More Justification 6 01-08-2019 Query Raise to Firm for Justification 7 24-10-2019 No reply Received and Rejected the Case. Considering the above facts, we humbly request the Policy Relaxation Committee to allow us to submit an application for the Initiate Review of Adhoc Norms, solely for the purpose of redemption/closure, as no further imports or exports have been made against the said Advance Authorization. This approval will help us avoid significant financial losses.
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 the concerned Norms Committee for the grounds as stated (not responding to DL) for examination & resolution, provided it is a first application/ first Review.
(Action: Applicant/ Norms Committee)
Case No.13 M/s. Malas Food Products Private Limited, Thane
F.No. HARPRCAPPLY00013147AM25
Subject: Extension of EOP against Advance Authorization No. 0311016616 dated 26/07/2022.
Applicant Statement: We are applying third EOP extension as our export obligation is pending in respect of import which we have made therefore kindly consider our application so that we can export our balance export obligation in said advance license no.0311016616 dt.26.07.2022 we are attaching self attested import export statement for your reference.
Decision: The Committee examined the submission 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. 0311016616 dated 26.07.2022 for a further period of 6 months from the date of endorsement subject to payment of composition fees 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.14 M/s. Ceat Limited, Mumbai
F.No. HARPRCAPPLY00013148AM25
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Subject: Waiver of Procedural requirement as per HBP against Advance Authorization No. 0310795923 dated 14/05/2015, 0310803437 dated 18/03/2016, 0310802095 dated 28/01/2016, 0310802099 dated 28/01/2016, 0310806809 dated 08/03/2016, 0310806879 dated 05/08/2016, 0310807957 dated 21/09/2016, 0310808755 dated 26/10/2016, 0310814558 dated 12/07/2017.
Applicant Statement: The above authorizations came endorsed with PN No.81(2013)/2009-2014 dated 09/01/2025 according to which export obligation was restricted to 6 months from the date of clearance of Natural Rubber. Kindly note that Natural Rubber was included in Appendix 30A from 11" September 2015, with leads to confusion about fulfilling pre-import conditions. However, due to some technically error at Customs, we could not debit export quantity under Advance Authorizations issued prior to Authorizations cited above. We by no choice need to debit the subject export quantity under these particular Authorizations. After resolving technical issue, we have started preparing for imports. Our import supply was affected due to severe floods caused by heavy rains in rubber supplying countries in late 2016 and early 2017 resulting in production drop in those countries. The earliest delivery was from March 2017 onwards. We would like to point out that Thailand, Malaysia and Indonesia along account for 70% of the global rubber production. We had big export commitment of 5000 MT and were force to procure raw material i.e. Natural Rubber, locally to meet our production and Export schedule.
ccount for 70% of the global rubber production. We had big export commitment of 5000 MT and were force to procure raw material i.e. Natural Rubber, locally to meet our production and Export schedule. We assure you that we fully intend to comply with the export obligation stipulated under the Advance Authorization Scheme and are committed to utilizing the imported natural rubber in the production of goods for export as per the conditions of the authorization. We M/s CEAT Ltd. would like to inform you that we had fulfilled entire export obligation against Nine Advance Authorizations and In all such cases exports and imports have already been made without adhering to 'Pre-import Condition’. Sought to relief in all such cases where exports have been completed within stipulated EO period as per Authorization and imports were made subsequently. We therefore requesting for waive up of pre import condition against nine Authorization. Decision: The Committee went through the statements made by the firm 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.15 M/s. K.T.C. (India) Limited, Delhi
F.No. HARPRCAPPLY00013149AM25
. Meeting No.29AM25 held on 25.03.2025 & 02.04.2025 Subject: Policy Relaxation to permit the import of 10 Mercedes V-classse Ss 4 %
10 Mercedes Sprinter (Mini Coach) with engine capacity 1950 cc as against 2500 cc and above.
Applicant Statement: We request you to grant Policy Relaxation, allowing us to import 10 Mercedes V-class vans and 10 Mercedes Sprinter with 1950 cc engines. These vehicles will also be registered as tourist vehicles and used as such to serve the foreign clientele. We sincerely hope that our request will be considered, and these fuel efficient, and environment friendly vehicles will be permitted to import.
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.
Case No.16 M/s. Ashapura Perfoclay Limited, Mumbai
F.No. HQRPRCAPPLY00013150AM25
Subject: Extension of EOP against Advance Authorization No. 0311012428 dated 14/03/2022.
Applicant Statement: (a) We have obtained Advance Authorization No. 0311012428 dt. 14.03.2022 for export of Bleaching earth made from inputs of Bentonite and packed in 25 Kg PP Bags. (b) The Bleaching Earth is used in the fields of Refining of Vegetable Oils, Refining of Oil Fats like Fish Oil etc and Refining of Mineral Oils like Insulating Oils, Rolling oil and Lube Oils (c) We have to meet the different specifications for export of Bleaching Earth by our various foreign buyers of different end users. The production of our export product of our export product of Bleaching earth is made as per different requirement of different foreign buyers and their specific export orders. (d) We have not imported Bentonite and utilised same from our domestic procurement. We have only imported PP Bags of 25Kg for a quantity of 11,89,800. (e) Within the original and extended EOP upto 30 months we have already made exports for 887,688 Nos of PP Bags of 25 Kg thus fulfilling 73.97% EO in terms of quantity. The EO fulfilled in terms of value is 2770% as per Summary enclosed as Annexure ?C? (f) We have sufficient export orders in hand and will be able to complete balance 26.03% EO within extended EOP for 6 months. (g) Policy Relaxation Committee is kindly requested to grant us 6 months EOP to enable us fulfil the balance 26.03% EO in terms of quantity as already have sufficient export orders.
P for 6 months. (g) Policy Relaxation Committee is kindly requested to grant us 6 months EOP to enable us fulfil the balance 26.03% EO in terms of quantity as already have sufficient export orders.
Decision: The Committee examined the submission 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. 0311012428 dated 14.03.2022 for a further period of 6 months from the date of endorsement subject to payment of composition fees as per policy provisions. The firm shall approach RA concerned within 30 days from the date of uploading of the
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(Action: Applicant/ RA Mumbai)
Case No. 17 M/s. Shyam Sel and Power Limited, Kolkata
F.No. HQRPRCAPPLY00013151AM25
Subject: Request for Credit of RoDTEP which could not be credited as the ICEGATE was not updated.
Applicant Statement: RoDTEP was allowed to Advance Authorization holders vide Notification No. 70/2023 dated 08/03/2024. ICEGATE server / system was not updated at Kolkata Customs. ICEGATE was not allowing filing of Shipping Bills with RoDTEP. Since export Cargo cannot be delayed , we had to export without RoDTEP benefit. Request for Credit of RODTEP which could not be credited as the ICEGATE Server or System was not updated. Customs post amendment order has been issued.
Decision: The Committee examined the case on the basis of submission made by the firm and discussed the matter at length and decided to refer to PC-3 for resolution.
Case No. 18 M/s. Opera Global Private Limited, Uttar Pradesh
F.No. HARPRCAPPLY00013154AM25
Subject: Request For Permission To Submit Revised Norms And Average In Import 1 against Advance Authorization No. 0510414460 dated 22/06/2020.
Applicant Statement: We are Manufacturer exporter of readymade garments and Norms Committee NC 5 has already approved the advance authorization no 0510414460 and a mistake by us in Import No.1 wrongly submitted CAD MARKERS in import No 1 correct Import is 17627 instead of 8656 sqm. Now BO Portal is not accepting our request due to time period has passed kindly permit us so that we can submit our request to Norms Committee. This is a genuine issue, Hope you will consider the our request
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 the concerned Norms Committee for the grounds as stated for examination & resolution, provided it is a first application/ first Review.
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(Action: Applicant/ Norms Committee)
Case No. 19 M/s. Chemtrade Global Impex Lip, Mumbai
F.No. HQRPRCAPPLY00013155AM25
Subject: Revalidation of Scrip against RoSCTL Scrip No. 2208020635, 2209001667, 2209002342, 2209004351, 2209005250, 2209005349, 2209005769, 2205013803.
Applicant Statement: Pursuant to Court Order, we got re-credit of RoscTL. However, period was short and amount was huge. By the time we got credit lot of time was already expired. Amt involved is 2.78 Cr. We had been doing follow-ups for last many months but no success. Your help shall be appreciated.
Decision: Withdrawn being a repeat case.
Case No.20 M/s. Chemtrade Global Impex Lip, Mumbai
F.No. HQRPRCAPPLY00013162AM25
Subject: Re-validation of Scrip against RoSCTL Scrip No. 2208020635, 2209001667, 2209002342, 2209004351, 2209005250, 2209005349, 2209005769, 2205013803.
Applicant Statement: Pursuant to court order, we got re-credit of RoscTL. However, remaining period in some of licenses was very short and amount was considerably high (4.90 Cr). By the time we got credit, some of the licenses were already expired. Value of those expired Licenses is 2.78 Cr. We had been doing follow-ups for last many months but no success. Your help shall be appreciated. Detailed application submitted hereunder for your kind consideration.
Decision: Withdrawn being a repeat case.
Case No.21 M/s. India Yamaha Motor Private Limited, Delhi
F.No. HQRPRCAPPLY00013157AM25
Subject: Request for extension in Import validity period of Duty Credit Scrip issued against Post Export EPCG Authorization No. 0430013733 dated 23/05/2014.
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This is a review case of PRC Meeting No.19AM25 held on 16.10.2024 (Case No.11) and Committee rejects the case.
Applicant Statement: This is with reference to our request filed with your office for extension in import validity period of Duty Credit Scrip dtd. 25.02.2020, issued against post export EPCG authorization 0430013733 dtd. 23.05.2014, vide file no. 04/21/061/00004/AM15 dated 13.05.2014 as per Para 5.12 of Import Export Policy 2015-2020. Sir, we would like to bring to your kind notice that our request for extension in import validity period was rejected in the Committee meeting no. 19AM25 held on 16.10.2024 from HQ File no. HARPRCAPPLY00000474AM23 ( Case no. 11). Sir, our request for granting extension in import validity of Duty credit scrip, is based upon the genuine hardships being faced by exporters due to transition of manual mode of communication/ registration/ dealing with Govt. Authorities, to Online one, which has causeda lot of problem, hence we would like to represent our case for review of Committee Decision, issued vide meeting no. 19AM25 did. 16.10.2024.
ng with Govt. Authorities, to Online one, which has causeda lot of problem, hence we would like to represent our case for review of Committee Decision, issued vide meeting no. 19AM25 did. 16.10.2024. We would like to reiterate the following facts which caused expiry of scrips before we could utilize the same: 1) We have obtained the above post export EPCG Authorization from the office of JOGFT, Chennai under their file number 04/21/061/00004/AM15 dated 13.05.2014 as per Para 5.12 of Import Export Policy. Since the said EPCG Authorization was not valid for import being Post Export EPCG Authorization, we fulfilled export obligation and received the freely transferrable Duty credit scrip as per Policy vide Amendment sheet no. 2. 2) However, since the Duty credit scrip was issued thru manual mode, it was not transmitted thru online mode to the Customs authority, due to which the Customs denied to accept the manual scrip for utilization purpose as they were able to accept only thru online mode. The Company had submitted letter of correspondence at Chennai Custom, Chennai JDGFT and Delhi JDGFT regarding manual scrip Registration and Utilization. Details enclosed in Annexure-A 3) Nevertheless, after a lot of struggle and correspondence with the Customs Authority, they started allowing such manual scrips which were issued due to the absence of online portal to issue post export scrips.
ess, after a lot of struggle and correspondence with the Customs Authority, they started allowing such manual scrips which were issued due to the absence of online portal to issue post export scrips. 4) Unfavorably, by the time the Customs granted approval to accept manual post export scrips, our Post export duty credit scrip issued against above authorization, had very little time left of the validity period and we could utilize only a partial portion of the scrip as for import purpose and the scrip could not be utilized fully. 5) Since the above situation occurred because of the absence of online portal to issue Duty Credit scrips under post export EPCG licenses, and due to the fact that there was no mode to transfer the scrips online at DGFT Website, our plea to revalidate the Duty credit scrip for One year is justified to be considered. Therefore, looking at the genuine situation, we request you to kindly review the PRC decision and grant us renewal of the said scrip for one year from the date of endorsement, which could not be utilized the scrip fully, due to the absence of online portal to issue and transmit the post export duty credit scrips. We hope that you will find above in order and accept our request to grant renewal for One year months from the date of PRC decision, against above mentioned Duty credit scrip.
t duty credit scrips. We hope that you will find above in order and accept our request to grant renewal for One year months from the date of PRC decision, against above mentioned Duty credit scrip.
Decision: The Committee examined the submission made by the applicant and discussed the matter at length. After detailed discussion it was decided to accede to the request and allowed revalidation of duty credit scrip issued against Post Export EPCG Authorization No. 0430013733 dated 23.05.2024 for a further period ' 18 =“
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of 6 months from the date of endorsement. The firm shall approach RA concerned within 30 days from the date of uploading of the minutes of meeting.
(Action: Applicant/ RA Chennai)
Case No.22 M/s. Alok Industries Limited, Mumbai
F.No. HQREPCGPRAPP00002028AM24
Subject: Request for regularization of Import under EPCG Authorization No 0331001362 dated 05/02/2021.
Applicant Statement: We have balance duty saving value of Rs. 45,35,73,982/but due validity period expired Customs is not allowing to accept our request for amendment under section 149 of Customs act 1962 against Bill of Entry No. 3486826 Dt. 08.04.2021 for addition of 4 more Invoices. We request your good office to allow revalidation of the said Authorization for 1 month for regularisation of the said Bill of Entry only, there will not be any further import under the said EPCG : Authorization and we would like to inform you that we have already started export under the Authorization and exported goods more than $ 1.80 Mn under the subject Authorization and are confident to fulfill the EO within specified time period that is up to February 2027. We shall be thankful for your kind consideration and allowing us one month revalidation against the subject license for regularisation of subject Bill of Entry purpose only.
Decision: The Committee went through the statements made by the firm 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.23 M/s. R R K Cotton's India Private Limited, Tamil Nadu
F.No. HQRPRCAPPLY00013159AM25
Subject: Extension of EOP against Advance Authorization No. 3211002270 dated 05/01/2022.
Applicant Statement: With reference to the Advance Authorization no. 3211002270 / 05.01.2022, the export obligation will expire on 28.02.2025. From this license we completed our part of export obligation and not able to complete the balance part of the export obligation due to buyer order cancellation. Now we are searching for the new buyer for exporting the balance obligation qty, but still we are not able to find out the buyer. For Completing of Balance export obligation, we
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request you to grand for another one year EOP extension ie up to 28.02.2026. For that purpose herewith we are enclosing the following documents 1. ANF 4F Duly certified by the CA 2. Copy of the Bill of Entries 3. Copy of Shipping bills 4. Copy of the License We request you to kindly give us the EOP extension up to 28.02.2026 (one year) for completing the balance export obligation.
Decision: The Committee examined the submission 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. 3211002270 dated 05.01.2022 for a further period of 6 months from the date of endorsement subject to payment of composition fees 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)
M/s. New (India) Imaging Industries Private Limited, Thane
F.No. HARPRCAPPLY00013161AM25
Subject: Request for Re-fixation of Adhoc Norms on Repeat Basis (Advance License No. 0310805059 dated 31.05.2016) by relaxing para 4.17 as amended by policy circular no 03/2024 dated 30.05.2024 against Advance Authorization No. 0310805059 dated 31.05.2016.
Applicant Statement: Reference: 1. Advance License No. 0310805059 dated 31.05.2016 issued by ADGFT, Mumbai. 2. Norms Committee-IV Meeting No. 09/83-ALC 1/2016 dated 10.08.2016. 3. Policy circular no 03/2024 dated 30.05.2024. Dear Sir/Madam, We respectfully submit this application for relaxation of policy provision for review of norms of old licences. We request the PRC to allow review and re-fixation of adhoc norms under the above-referenced Advance License, seeking deletion of the condition mandating submission of central excisecertified consumption data . 1. Background of the Request The Norms CommitteeIV, in its meeting dated 10.08.2016, imposed the following condition for adhoc norm fixation: ?The firm shall submit central excise-certified consumption data to the Regional Authority (RA) at the time of redemption. The RA shall compare this with the quantity applied by the firm and allow the lower of the two for redemption purposes.? This condition was introduced due to the Department of Chemicals and Petrochemicals? inability to support adhoc norm fixation (OM No. 46011/7/2014PC.IIl dated 07.03.2016) owing to manpower shortages. 2.
s condition was introduced due to the Department of Chemicals and Petrochemicals? inability to support adhoc norm fixation (OM No. 46011/7/2014PC.IIl dated 07.03.2016) owing to manpower shortages. 2. Grounds for Review ? Operational Impracticality: Post-GST implementation, central excise authorities are no longer operational, making compliance with the excise-certified data condition unfeasible. ? Precedent Cases: Adhoc norms for identical items under similar licenses have already been fixed without this condition, both prior to and after the issuance of our license. ? Fulfilled Obligations: We have fully discharged our export obligations in terms of value and quantity and submitted all requisite documents to DGFT, Mumbai. The issuance of our EODC is pending solely ~ S510) aa
the re-fixation of adhoc norms. 3. Request for Relief We humbly urge the PRC to recommend our case to NC 4 to:- a) Delete the excise-certified data requirement as it is no longer operational under the GST regime. b) Fix specific adhoc norms on basis of similar existing adhoc norms. 4. Supporting Documents 1. Copy of Advance License No. 0310805059 dated 31.05.2016. 2. Copies of previously fixed norms for identical items. 3. Production and consumption data certified by a Chartered Accountant. Conclusion We trust the Policy Relaxation Committee will recognize the administrative challenges posed by the condition and will allow to review the norms. Your favorable consideration will enable us to get the EODC.
the Policy Relaxation Committee will recognize the administrative challenges posed by the condition and will allow to review the norms. Your favorable consideration will enable us to get the EODC.
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 the concerned Norms Committee for resolution.
(Action: Applicant/ Norms Committee)
Case No.25 M/s. Prosperity Vanijya Private Limited, Kolkata
F.No. HQRPRCAPPLY00013160AM25
Subject: Extension of EOP against Advance Authorization No. 0210208601 dated 23/07/2018.
Applicant Statement: AA no. 0210208601 dated 23/07/2018, we exported 195000.0kgs within a valid period. We are requesting herewith to allow us an extension of export obligation for a balance of 586000.0kgs up to 380 days which was exported after 90 days for regularization and redemption purposes. We already paid the duty plus interest against excess imports. Statement of export and import attached.
Decision: The Committee examined the submission 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. 0210208601 dated 23.07.2018 for a further period upto 31.01.2020 for regularisation purpose subject to payment of composition fees 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 Kolkata)
Case No.26 M/s. Hallmark Steel Private Limited, Mumbai
F.No. HQRPRCAPPLY00012979AM25
Subject: Amnesty Scheme Relaxation Public Notice No 2 2023 New Delhi Dated the 1st April 2023 against Advance Authorization No. 0310502515 dated
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16/01/2009.
Applicant Statement: The raw material In order to manufacture the end product was imported from M/s Crucible Specialty Metals, USA. 1. However, due to Sudden Unanticipated Consecutive Cancellation of Export Orders as a consequence of sudden increase/skyrocketing in the pricing of Nickel and Chrome Worldwide the Company?s raw material cost Sky Rocketed since Nickle and Chrome were the essential ingredients and were integral components of the Raw Material ?Valve Steel Billet?. Nickel Prices surged 410 times and beyond throughout the period from 2008 to 2012 exploding from a mere 10,000 $ (PMT) to a Staggering 51,000 $ ( PMT ) and Chrome Prices surged by 54 times and beyond throughout the period from 2008 to 2012. Amongst the many devastating factors driving these unprecedented price hikes was the ban imposed on Mining Industries across California, Montana, Michigan, Minnesota and Alaska, the five biggest Nickel producing states in the country had serious repercussion on the Engineering and Steel Industry. Since Nickel and Chrome are the main ingredient in Valve Steel production, the ban, accompanying socio economic and political crises and various other external factors triggered and ultimately resulted in the Company's raw material costs Sky Rocketing beyond our worst fears, leaving us trapped in a dire financial crisis.
al crises and various other external factors triggered and ultimately resulted in the Company's raw material costs Sky Rocketing beyond our worst fears, leaving us trapped in a dire financial crisis. Nickel exceeding even the selling price of the entire finished product itself intended for exports in the International Markets. The impact of the ban, compounded by the socio-economic and political turmoil and various other external factors, was such or so severe that it effectively Annihilated the financial stability of our company. Nickel and Chrome prices skyrocketed beyond our capacity to absorb, leading to a drastic and dramatic increase in production costs. Inevitably, Our financial resources were quickly depleted to nothing as we still continued to import, we struggled extensively on the verge to maintain operations, further unprecedented surge in global Nickel and Chrome prices, exacerbated by severe supply chain disruptions, devastated our production capacity, forcing an almost complete shutdown. This ultimately resulted in substantial delays and cancellations, leaving us unable to meet our contractual obligations and from timely delivering export orders and final products to our customers. The severe spike in Nickel and Chrome prices led to a global dearth and economic state of famine as suppliers struggled to meet demand.
y delivering export orders and final products to our customers. The severe spike in Nickel and Chrome prices led to a global dearth and economic state of famine as suppliers struggled to meet demand. Our Company faced Catastrophic Failure in securing the necessary and essential Raw Material ?Valve Stel Billet? to maintain our production schedules due to affordability, as we could not afford to procure nickel and chrome based raw material in the long run at such ?off the chart? prices. At the same time, our customers were ultimately adamant and unwavering, strongly expressing their disapproval and making it unequivocally clear that they would not tolerate or accept the passing on of these skyrocketing costs, demonstrating a firm unwillingness to understand or accommodate the extraordinary circumstances over which we had absolutely no control and which were completely out of our hands, driving these price surges, particularly concerning the finished goods already manufactured by us using the imported raw materials procured at a 410-fold increase in price to produce the finished/export product, ‘Valve Steel Bar’. Instructing that we strictly adhere to the prices agreed upon in the contract / executed agreement, our customers commanded an expectation that, in the real world, was not possible for us to fulfil, as such a situation would have lead to huge losses. Consequently, renegotiations with TRW
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tomers commanded an expectation that, in the real world, was not possible for us to fulfil, as such a situation would have lead to huge losses. Consequently, renegotiations with TRW
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Automotives Worldwide and other Customer failed. Despite the unprecedented surge in Nickel and Chrome prices, our customers showed no willingness to understand or demonstrate flexibility, ultimately leading to widespread delays and immediate production cutoff coming, causing a Complete Standstill.
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 the case to PC-5. If after consultation it is decided to consider extending the benefit of amnesty, the case may be brought back for relaxation regarding validity of EOP.
Case No.27 M/s. SPC Life Sciences Limited, Vadodara
F.No. HQRPRCAPPLY00013163AM25
Subject: Closure of Authorizations against Advance Authorization No. 3410045001 dated 26/03/2019.
Applicant Statement: We have request for Consider our case and relaxation for Excess Import for Closing EODC on regular basis or pro basis closing of License from RA DGFT. As per Deficiency Letter Excess Import 8280 KGS if we paid Duty + Interest very high Value for Company and Company financial Situation some down at time because of we have no Export Orders or Domestic Order also Our Plant under renovation and maintenance.
Decision: The Committee went through the statements made by the firm 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.28 M/s. Mercedes-Benz Research and Development India Private Limited, Bengaluru
F.No. HARPRCAPPLY00013166AM25
Meeting No.29AM25 held on 25.03.2025 & 02.04.2025
Subject: Submissions in support of application to Policy Relaxation Committee for relaxation: To import of Two Right Hand Drive (RHD) Used Mercedes-Benz Vehicle for purpose of conducting testing on the Vehicles imported for R & D testing purposes only: 1) For import via air at Chennai Airport or sea at Chennai Seaport.
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Applicant Statement: We, Mercedes-Benz Research and Development India Pvt. Ltd. (hereinafter ?the Applicant? or ?the Company? or ?7MBRDI?) would like to place the following detailed submissions in support of our application to this esteemed committee concerning relaxation sought in respect of import of Two used RHD testing cars. Our submissions below may be read in conjunction with our substantive application. Import Policy Conditions in Brief: (1) Policy Condition for Port of Import for Second Hand or Used Imported Vehicles (Policy Para (1)(d) (iv)): The import of used vehicles shall be permitted only through the custom ports at Mumbai seaport. (2) Policy Condition to Ply on the Road (Policy Para 11) The Policy Condition restrict as per DGFT Notification No 07/08.05.2018 Para 10 as ? Vehicles shall not ply on public roads?.). Policy Relaxation: |.
icy Condition to Ply on the Road (Policy Para 11) The Policy Condition restrict as per DGFT Notification No 07/08.05.2018 Para 10 as ? Vehicles shall not ply on public roads?.). Policy Relaxation: |. We are seeking relaxation in Policy:- (1) To import of Used Two RHD Mercedes-Benz Vehicles to be permitted for import at Chennai Airport or Chennai Seaport for the purpose of conducting research/testing on the Vehicles imported for R & D testing. (2) To allow the imported vehicle for registration with RTO to ply on public road for onroad condition Testing for research & development and not for any other use after registration in terms of DGFT Notification No. 14/2015-2020 dated 28.08.2019. Il. Justified reason for import from AirPort or Seaport other than from designated port of import:- We would like to provide a brief explanation for our request for this relaxation. At the moment, only Roll-on Roll-off (Ro-Ro) ships dock in Mumbai Seaport and Ro-Ro Vessel companies do not accept used vehicle transportation from Germany to Mumbai Seaport. So, it has become difficult for us to import the used vehicle quickly and to complete the project that our customers expect from us. It also leads to revenue losses at the company and country levels. We are looking for an alternative way to import via other seaports through closed containers or airports for the reasons stated above and to achieve faster shipment timelines. This will help us in importing the vehicles as quickly as the business expects. Columns 7 Reds ste ae Value 46,048.00 Euro approx.|55,139.00 Euro — approx.
e and to achieve faster shipment timelines. This will help us in importing the vehicles as quickly as the business expects. Columns 7 Reds ste ae Value 46,048.00 Euro approx.|55,139.00 Euro — approx. — devices) devices). SoShipment from eeeMercedes-Benz AG,|Mercedes-BenzeeAG, Germany
Decision: The Committee examined the case on the basis of submission made by__, =o U gs aT
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the firm and discussed the matter at length and decided to refer to PC-2 for suitable action.
Case No.68 M/s. Teena Labs Limited, Hyderabad
F.No. HQRPRCAPPLY00013032AM25
Subject: Extension of EOP against Advance Authorization No. 0911000248 dated 25/01/2021.
Applicant Statement: Request for EOP extension against Advance Authorization No.0911000248 Dt.25.01.2021 as per Para 4.40 (d) of HBP 2023 - reg. Ref File No: 09AA04004161AM21 Dtd.25.01.2021 We have obtained the Advance Authorization No. 0911000248 Dt.25.01.2021 RA Hyderabad under Appendix-4J condition on export order. We are regularly exporting certain pharmaceutical Formulations to US market and other markets by obtaining the Advance Authorization for import of relevant API (Active Pharmaceutical Ingredient). We were unable to start export obligation within the export obligation period. Demand was postponed by our customer; hence we could not fulfil the export obligation within the validity. Some orders cancelled and postponed. Currently we have obtained the valid export orders against which we can fulfil export obligation to the extent FOB value $ 145,000.00 with value addition 15.29%; 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. In view of the above, we request you to grant us EOP extension for six months from the issue of minuets of meeting to complete the balance export obligation.
Decision: The Committee went through the statements made by the firm and -S4 - 25
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OP extension for six months from the issue of minuets of meeting to complete the balance export obligation.
Decision: The Committee went through the statements made by the firm and -S4 - 25
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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.69 M/s. Teena Labs Limited, Hyderabad
F.No. HQRPRCAPPLY00013033AM25
Meeting No.29AM25 heldon 25.03.2025 & 02.04.2025
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Subject: Extension of EOP against Advance Authorization No. 0911000046 dated 18/12/2020.
Applicant Statement: Request for EOP extension against Advance Authorization No.0911000046 Dt.18.12.2020 as per Para 4.40 (d) of HBP 2023 - reg. Ref File No: 09AA04002934AM21 Dtd.18.12.2020 We have obtained the Advance Authorization No. 0911000046 Dt.18.12.2020 RA Hyderabad under Appendix-4J condition on export order. We are regularly exporting certain pharmaceutical Formulations to US market and other markets by obtaining the Advance Authorization for import of relevant API (Active Pharmaceutical Ingredient). We were unable to start export obligation within the export obligation period. Demand was postponed by our customer; hence we could not fulfil the export obligation within the validity. Some orders cancelled and postponed. Currently we have obtained the valid export orders against which we can fulfil export obligation to the extent FOB value $ 12,75,000.00 with value addition 19.24%; 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. In view of the above, we request you to grant us EOP extension for six months from the issue of minuets of meeting to complete the balance export obligation.
d for a further 6 months from approval. In view of the above, we request you to grant us EOP extension for six months from the issue of minuets of meeting to complete the balance export obligation.
Decision: The Committee went through the statements made by the firm 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.70 M/s. Teena Labs Limited, Hyderabad
F.No. HQRPRCAPPLY00013034AM25
Subject: Extension of EOP against Advance Authorization No. 0910069436 dated 04/11/2020.
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Applicant Statement: Request for EOP extension against Advance Authorization No.0910069436 Dt.04.11.2020 as per Para 4.40 (d) of HBP 2023 - reg. Ref File No: 09/24/040/00447/AM21 Dtd.04.11.2020 We have obtained the Advance Authorization No. 0910069436 Dt.04.11.2020 RA Hyderabad under Appendix-4J condition on export order. We are regularly exporting certain pharmaceutical Formulations to US market and other markets by obtaining the Advance Authorization for import of relevant API (Active Pharmaceutical Ingredient). We were unable to start export obligation within the export obligation period. Demand was postponed by our customer; hence we could not fulfil the export obligation within the validity. Some orders cancelled and postponed. Currently we have obtained the valid export orders against which we can fulfil export obligation to the extent FOB value $ 98,250.00 with value addition 22.81%; 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. In view of the above, we request you to grant us EOP extension for six months from the issue of minuets of meeting to complete the balance export obligation.
d for a further 6 months from approval. In view of the above, we request you to grant us EOP extension for six months from the issue of minuets of meeting to complete the balance export obligation.
Decision: The Committee went through the statements made by the firm 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. Shivtek Spechemi Industries Limited, Delhi
F.No. HQRPRCAPPLY00013038AM25
Meeting No.29AM25 held on 25.03.2025 & 02.04.2025
Subject: Extension of EOP against Advance Authorization No. 0511008750 dated 10/02/2022.
Applicant Statement: We are a Two Star Export House having exports of approx. 100Cr. in a last financial year. During our entire lifecycle of exports and imports and licensing with DGFT, we have availed 86 Advance Licenses out of which 69 Nos are redeemed; 13 Nos are having valid EO; 3 Nos are pending redemption with CLA and 4 EPCG Licenses (all redeemed). This is to inform you regarding the subject, that the export obligation against the said authorization 0511008750 Dated 10/02/2022 was completed upto the extent of 90% in terms of quantity (i.e., 557400.000 Kgs) within extended export obligation period of within 2nd EO extension in accordance to actual imports made. Please note that due to slow demand of the resultant product in foreign market, we have been unable to fulfil balance export obligation of 10% i.e., (62754.113Kgs). However, we have confirmed export orders in hand now which are planned for execution in coming months. Hence, requesting PRC committee to consider our case to grant EOP extension for further 6 months enabling us to complete the balance export obligation. In view of above explanation, we hereby request your good office to , ve af
e to consider our case to grant EOP extension for further 6 months enabling us to complete the balance export obligation. In view of above explanation, we hereby request your good office to , ve af
kindly allow 3rd EOP extension against aforesaid Advance License further six months from the date of endorsement in order to complete balance 10% exports within granted EOP. Also, we hereby affirm and declare that we shall pay the applicable composition fee as per policy provisions if may approved.
Decision: The Committee examined the submission 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. 0511008750 dated 10.02.2022 for a further period of 6 months from the date of endorsement subject to payment of composition fees 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/ CLA Delhi)
Case No.72 M/s. Shree Laxmi Udyog, Maharashtra
F.No. HQRPRCAPPLY00012416AM25
Subject: Removal of AU condition against TRQ Scheme Authorization No. 0550001576 dated 20/08/2009.
Applicant Statement: The Honorable High Court directed petitioners to apply to PRC a proper application as per procedure within four week time and with direction to DGFT/PRC to dispose of application as expeditiously as possible and in event three months from the date of this order.
We have been issued above license with AU condition for import of 820 MTs of Maize from Argentina, through STC for CIF value of Rs. 23928000 (ISD 492000) under para 2.11 of FTP 2009-14e r/w Para 2.59 of HBP Vol.l. Accordingly, the said license was utilized for importation of said import items during 2009-10. However, Customs intervened and adjudicated the issue for violation of AU condition by passing an OIO dt 28.02.2017 after issuing a notice dt 09.10.2013. Aggrieved by the said OIL, applicant preferred an appeal before Hon’ble CESTAT, Mumbai vide appeal No.87321 of 2017. This is also to mention that Ld. Jt.DGFT, CLA, New Delhi also issued a SCN dt 27.07.2013, however as per our knowledge the said SCN is not adjudicated so far. These submissions are being made by the applicant light of order passed by Hon’ble Bombay High Court on 09.12.2024 (uploaded on 10.12.2024) in support of removal of Actual User (AU) conditions in the captioned license(s) issued for import of maize (pop-corn Exim Code 1005 90 00) under the Tariff Rate Quota Scheme in terms of para 2.11 of the ETP 2009-14 r/w Para 2.59 of the HBP Vol.|.
ions in the captioned license(s) issued for import of maize (pop-corn Exim Code 1005 90 00) under the Tariff Rate Quota Scheme in terms of para 2.11 of the ETP 2009-14 r/w Para 2.59 of the HBP Vol.|. The importers crave leave to submit copy of WP if required by Lt.PRC.
Decision: Withdrawn. To be placed with bunch of similar cases.
(Action: Applicant/ PRC)
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Case No.73 M/s. Counter Measures Technologies Private Limited, Chennai
F.No. HQRPRCAPPLY00013029AM25
Subject: Request to Change end users as end user has terminated the contract against Advance Authorization No. 0111006306 dated 10/11/2022, 0111006307 dated 10/11/2022.
Applicant Statement: Change of End User i.e. National Security Guard (NSG) HQ New Delhi for whom we had imported the goods had terminated the contract. Hence the goods are lying with us since the time of import. We have gotten a contract from Rajasthan State Police and they have issued a EUC and are ready to take delivery of the goods lying in our factory over to Rajasthan Police HQ, Jaipur, alternative Government End User. SO we request your office to allow us to deliver the goods to Rajasthan State Police.
Decision: The Committee examined the submission made by the applicant and discussed the matter at length. After detailed discussion it was decided to accede to the request of change of end user against Import License for restricted Items No. 0111006306 dated 10.11.2022 and 0111006307 dated 10.11.2022 which is to be treated valid for the purpose of endorsement of end user subject to all the clearances / approvals as required. PC2 to take further suitable action.
(Action: Applicant/PC2 necessary action )
Case No.74 M/s. National Engineering Industries Limited, Jaipur
F.No. HQRPRCAPPLYO0013030AM25
Subject: Request for allow MEIS claim.
Applicant Statement: During the FY 2018-19, out of our total exports against 14 shipping bills, we have received all payments in full from overseas buyers well in time but in most cases where there were more than one eBRCs, bankers have uploaded some eBRCs to DGFT site only after the deadline date i.e.28.02.2022 as per DGFT notification No.53 dated 01.02.2022. Hence, we could not submit MEIS applications for these under noted 14 shipping bills where we have received payments in installments and late uploadation of eBRCs by bank to DGFT portal, which was totally beyond our control. Sir, as a matter of fact, if you go through the below attached excel sheet, details of shipping bills and payment realization date and BRC uploaded dates you can understand that eBRCs were uploaded only after 28.02.22 i.e. only after the last date for submitting MEIS application. For your ready ,
reference we have mentioned date of last payment received against each shipping bills, which shows a clear picture.[please see last column marked in red] Sir, for your ready reference, we are attaching herewith copies of all eBRCs showing date of payment and uploading date, which is self explanatory. It is very clear from the above statement that we could not claim MEIS on the above shipping bills as eBRCs were uploaded by bank after a substantial gap of time from the date of realization and the expiry of last date for submission of application i.e. 28.02.2022.
MEIS on the above shipping bills as eBRCs were uploaded by bank after a substantial gap of time from the date of realization and the expiry of last date for submission of application i.e. 28.02.2022. Sir, in the light of above enumerated facts you can well understand that we are certainly eligible for the claim and also facing lot of problems which are beyond our control. Hence you are requested to kindly consider our genuine hardship, and consider our application and allow us to obtain MEIS benefits and hope our request will be considered on priority basis.
Decision: The Committee examined the case on the basis of the statement made by the applicant and discussed the matter at length. The Committee observed that due to delay in uploading the eBRC the firm may have faced the problem which was beyond their control. Accordingly, the Committee has decided to allow MEIS benefits against eligible shipping bills whose realization has happened within time and e-BRC have been uploaded by the bank after stipulated time. PC 3 shall check. It also decided that no cut would be imposed on the entitlement. The firm shall approach RA within 30 days from the date of uploading of the minutes of meeting.
(Action: Applicant/ RA Jaipur /PC-3 division for necessary updation
Case No.75 M/s. All India Importers & Exporters Association, Mumbai
F.No. HQRPRCAPPLY00013072AM25
Subject: Revalidation against various DFIA Authorization Numbers.
Applicant Statement: Humble Representation with regard to PRC application for revalidation of 24 DFIA’s expired due to inability to upload ARO Applications in the New IT Module subsequent to changes made in the software under Para 2.59 of FTP (2023). the DFIA’s got expired due to large scale disruptions due to difficulties in submitting the documents under the New IT Module and further aggravated by Covid_19 business disruptions. Pertinently , the Hon'ble Supreme Court of India in a Suo Moto case has inter alia held the period between 15.03.2020 till 28.02.2022 ,- {2022 (56) GSTL 385} (SC) . Your honour would kindly recall that several representations, as referred above, were made before your esteemed office in the past, pointing out serious difficulties being faced by the exporters and transferee applicants while making ARO applications due to their inability in uploading the relevant documents, subsequent to changes made in the existing software under the New IT Module. A detailed list of statement of DFIA’s expired due to system issues along with acknowledgements received from RA was submitted to your esteemed office on 21.06.2023 by one of
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ew IT Module. A detailed list of statement of DFIA’s expired due to system issues along with acknowledgements received from RA was submitted to your esteemed office on 21.06.2023 by one of
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our members, M/s. Global Mercantile Pvt. Ltd. Subsequently, on the request of our member, the issue was taken up by us and representations in this regard were ~ already made vide letter dated 29'" February, 2024. However, there was no positive action was forthcoming from your esteemed office till date.
Decision: Case has been already merged and is withdrawn and closed.
Case No.76 M/s. Adani Wilmar Limited, Anmedabad
F.No. HQRPRCAPPLY00013096AM25
Subject: Waiver of PC-18 condition/other condition of Authorization against Advance Authorization No. 0811011087 dated 21/03/2024.
Applicant Statement: Due to the force majeure event where the wheat got damaged and non-usable for further processing for wheat flour, the company is left with no other option but to seek relief in fulfilling its export obligation under the above mentioned AA. The total quantity of damaged wheat is 590.72 MTs and we are seeking relaxation in the corresponding export obligation for 552.07 MTs of wheat flour, which corresponds to the lost wheat as per the prescribed SION E- 136. Due to the challenging conditions of the international market, it is crucial to source wheat at a competitive price. Accordingly, wheat has been imported to facilitate the export of wheat flour to the international market. The good segment operates at very thin margins and any financialburden arising from the failure to meet export obligation due to unforeseen event could severely impact our business operations. We humble request the PRC to grant a one time waiver for the export obligation. The company hereby submits a request before the PRC committee to allow relaxation of Export obligation under Advance License 0811011087 dated 21.03.2024 in view of the unfortunate and unavoidable circumstances caused by a force majeure event. The detailed application along with relevant annexures is enclosed herewith. We request you to kindly an opportunity of personal hearing to represent the matter.
es caused by a force majeure event. The detailed application along with relevant annexures is enclosed herewith. We request you to kindly an opportunity of personal hearing to represent the matter.
Decision: The Committee went through the statements made by the firm 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.77 M/s. Hi Tech International, Ludhiana = 60 -
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F.No. HQRPRCAPPLY00013028AM25
Meeting No.29AM25 held on 25.03.2025 & 02.04.2025
Subject: Amendment in Transferable DFIA Authorization No. 3011005044 dated 10/04/2024.
Applicant Statement: Please note that we have been issued a transferable DFIA Scrip No. 3011005044 Dt. 10.04.2024, in which CIF values are printed as Rs. 585,761.27 & USD 6,981.66 & Value addition stands at 7992.64% and since the data mentioned in the authorization is incorrect, we are not able to utilize the same. By mistake, we had not updated the CIF values in the online application, but the correct hard copy was submitted manually at the time of filing of Transferability in RA Ludhiana. The actual entitlement of CIF value should be enhanced to Rs. 28985566.42 & USD 345477.55 to import the quantity as mentioned in the license, and the actual value addition should be 48.53%. Sr. No. ITC (HS) Description Technical Character QTY. IN KGS CIF (In INR) CIF (In USD) 1 39021000 PP Granules RAFFIA GRADE BELOW 12 MFI 194477.604 26,254,476.60 312925.82 2 39011090 Granules of material used for lamination/ coating LDPE GRANULES BELOW 8 MFI 21008.383 2,731,089.82 32551.73 215485.988 28,985,566.42 345,477.55 We had tried to get it corrected but couldn't be able to do so as the functionality of the DGFT portal did not allow us to get it corrected in any manner. Also, we have raised multiple tickets through RA Ludhiana to get our issue resolved but couldn't get our issue resolved. So, you are humbly requested to please allow us an amendment in CIF values under relaxation of policy and further revalidate the license for a period of 6 months so that we can utilize the same.
ved. So, you are humbly requested to please allow us an amendment in CIF values under relaxation of policy and further revalidate the license for a period of 6 months so that we can utilize the same. Decision: The Committee examined the case on the basis of submission made by the firm and discussed the matter at length and decided to seek a detailed report from RA Ludhiana.
(Action: Applicant/ RA Ludhiana)
Case No.78 M/s. ITC Limited, Guntur
F.No. HQRPRCAPPLY00013100AM25
Subject: Extension of EOP against Advance Authorization No. 2611001546 dated 07/08/2024.
Applicant Statement: During the current year the exporters are increasingly facing container crisis and consequent re-routing of Vessels and lengthy delivery times etc. We are also enclosing articles dated 03rd December 2024, 19th September 2024 highlighting supply chain challenges for your ready reference in Annexure-1. Further, there is demand slowdown in export markets, leading to delay in receipt of orders from overseas customers, consequent delaying in fulfillment of export obligation. In view of the above, we earnestly request your good office for extension of export obligation period for another 180 days i.e. up to 19th Sept. 2025, for the Advance Authorization no 2611001546 dated 07/Aug/2024
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and Bill of Entry number 5582161 dated 13/Sep/2024 (Out of Charge dated 24/Sep/2024). We kindly request your good self to approve our E.O. extension request at the earliest. It may be noted that PRC vide minute number 15AM25 dated 11/Sept/ 2024 has approved our request for extension of export obligation period against Advance Authorization no 2611001369 dated 18/Mar/2024.
may be noted that PRC vide minute number 15AM25 dated 11/Sept/ 2024 has approved our request for extension of export obligation period against Advance Authorization no 2611001369 dated 18/Mar/2024.
Decision: The Committee examined the submission 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. 2611001546 dated 07.08.2024 for a further period of 6 months from the date of endorsement subject to payment of composition fees 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 Visakhapatnam)
Case No.79 M/s. Alchemie Finechem Private Limited, Mumbai
F.No. HARPRCAPPLY00013095AM25
Subject: Revalidation of Authorization/Certificate against Advance Authorization No. 0311020725 dated 16/01/2024.
Applicant Statement: Due to hike price of raw material and crises of raw material we couldn't complete the import therefore you are requested to kindly grant the revalidation further 6 months to complete the import hence you are requested to kindly grant us 6 months further revalidation to complete the import, hence plz request you grant us 6 months revalidation further to complete the import.
Decision: The Committee went through the statements made by the firm 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.80 M/s. Dana Anand India Private Limited, Pune
F.No. HQRPRCAPPLYO0013069AM25
Subject: Re-view Application for allowing filing of shipping bills rejected for description mismatch so that rejected Merchandise Export Incentive Scheme ‘(MEIS) in terms of Chapter 3 of Foreign Trade Policy 2015-2020 can be claimed. This is a review case of PRC Meeting No.22AM25 held on 03.12.2024 & os
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06.12.2024 (Case No.22) wherein Committee rejects the case.
Applicant Statement: . 1 We would like to inform you that we had approached to the Bombay High Court vide writ petition no 10343 of 2023 and order passed on 26th November 2024. We got the judgment on December 2024 and could not communicate to Policy Relaxation committee. (copy enclosed). 2. Once again we are explaining about our Background and issue under consideration 2.1. We, M/s Dana Anand India Pvt Ltd, erstwhile known as M/s Spicer India Private Limited (? Spicer? or ‘the Company’) is engaged in manufacturing of ‘Drivetrain’ products and other automotive parts namely, axles, driveshaft and components. The manufactured products are sold within India and outside India. 2.2. The goods exported outside India fall under ITC(HS) code, 787085000? (Description of entry reads as follows - Drive-Axle with differential, whether or not provided with other transmission components, non-driving axles and its parts thereof)?. 2.3. Exports of aforesaid goods outside India are entitled to rewards in the form of duty credit scrips under MEIS of Foreign Trade Policy, 2015-20 (?FTP?). The tariff entry as mentioned in para 1.2 is covered in Appendix 3B of the FTP which prescribes the incentive rate under MEIS. The relevant extract of Appendix 3B of FTP 2015-20 is provided below: MEIS S.No ITCHS 2017 ITC (HS) Description MEIS Rate ?4551 87085000 Drive Axles With Differential W/N Provided with Other Transmission Components 3? 2.4.
Appendix 3B of FTP 2015-20 is provided below: MEIS S.No ITCHS 2017 ITC (HS) Description MEIS Rate ?4551 87085000 Drive Axles With Differential W/N Provided with Other Transmission Components 3? 2.4. In light of the above, the Company had filed MEIS applications for the period 2016-17 with Regional Authority (?7DGFT Pune?), with respect to export of goods falling under ITC (HS) code 87085000. 2.5. On the basis of twenty six applications filed by the Company, duty credit scrips amounting to INR 8,10,27,671 were to be received. However, the applications were partially processed and duty credit scrips amounting to INR 6,07,57,148 were granted. Thus, leading to shortfall in the receipt of duty credit scrips to the tune of INR 2,02,70,553 (Enclosed as Annexure Il). 2.6. We were communicated by DGFT Pune that MEIS scrips has been rejected on those entries appearing in shipping bills where there was description mismatch. However, when we checked practically, we did not find any description mismatch. Sample copy of shipping bill, Ecom application for MEIS and MEIS license (Enclosed as Annexure III) showing that there is no description mismatch. 2.7. Subsequently, DGFT issued directives to all regional authorities (vide public notice no. 62/2015 dated 16 February 2018), stating that except for certain ITC(HS) codes provided in annexure to the aforesaid public notice, MEIS applications shall be processed only on the basis of ITC(HS) codes as specified in the shipping bills.
that except for certain ITC(HS) codes provided in annexure to the aforesaid public notice, MEIS applications shall be processed only on the basis of ITC(HS) codes as specified in the shipping bills. However, applications finalized (including applications already rejected) before the issuance of the said public notice were not to be re-assessed basis this notice. 2.8. Annexure to the aforesaid public notice specifying the ITC (HS) codes for which MEIS applications to be processed after matching the description did not include ITC (HS) code 87085000. Thus, MEIS application for ITC (HS) code 87085000 were to be processed without matching the description of the items. 2.9. Further, DGFT vide trade notice no. 26/2018 dated 23 March 2018 instructed all Regional Authorities to consider MEIS applications rejected before issuance of aforesaid public notice as well. Thus, MEIS applications rejected before 16 February 2018 may be re-processed on the basis of aforesaid public notice. In light of the above, the Company humbly submits that the duty scrips amounting to approx. INR 2 Crore should be considered and granted. We sincerely request the PRC and DGFT office to consider our request of
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considering the remaining duty scripts under MEIS. Additionally, we also request to give the Company or its representative(s), an opportunity of being heard in person and explain the matter in detail.
Copy of Order of Hon’ble Court was seen.
Decision: The Committee examined the case on the basis of submission made by the firm and discussed the matter at length and decided to refer to PC-3 and RA for examination and comments within 15 days after which matter may be brought back to PRC. PH may be afforded after getting inputs. Copy of RA Report and PC3 Report is to be sent to Petitioner.
(Action: Applicant/ PC-3 for Report/ RA Pune for Report/PRC ).
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