DGFT Committee Minutes

Minutes of the DEPB Committee Meeting

held on 07/01/2005

The DEPB Committee meeting was held under the Chairmanship of Shri Vipin Saxena, Export Commissioner. The following officers were present:-
S.No

Name of the representatives &

their Designation

Deptt.

Shri A.C.R. Das, Addl.IA Min of Steel 2. Shri R.K. Talajia, OSD(DBK) Deptt of Revenue 3. Shri S.B.S. Reddy, Jt.DGFT DGFT 4. Shri V.B. Saxena, Dy.DGFT DGFT 5. Shri S.K. Shrivastava, Dy.DGFT DGFT 6. Shri Jaswant Singh, Dy.DGFT DGFT 7. Shri P.C. Kotia, FTDO DGFT 8. Shri Girish Chandra, FTDO DGFT 9. Shri U.C. Bhardwaj, FTDO DGFT 10. Shri M.K.Parimoo, Dy.DGFT DGFT
At the outset, in the minutes of the meeting No.06/05 held on 25.11.2004 in respect of M/ s Sun Pharmaceut ical I ndust ries Lt d, Mumbai against t heir F.No.01/82/162/1553/AM04/DES-I V, it was point ed out t hat t he descript ion of t he export product f or which adhoc DEPB r at e of 5% was f ixed was wrongly ment ioned as 4-Met hoxy Et hyl Phenol whereas t he export product is Met roprolol Tart rat e. Accordingly, it was decided t o correct t he descript ion of t he export product in respect of t his case t o read as Metroprolol Tartrate . Thereaf t er, t he individual agenda was t aken up f or discussion and decision taken thereof are detailed below:

2 DES- I DIVISION

Case No.66 M/s Electrosteel Castings Ltd, Kolkata DEPB Meeting No.19/05 dt.07.01.20054 F.No.01/80/162/1248/AM05/DES-I

The Commit t ee considered t he case as per det ails given in t he Agenda. The represent at ive f rom t he Dept t of Revenue st at ed t hat t he Agenda had been received by t hem only on 6.1.2005 and he had not been able t o st udy t he same. I t was t heref ore decided t o def er t he case f or t he next meet ing scheduled for 13.1.2005.
Case No.67 M/s Addl.Collector of Customs, Delhi dt.07.01.20054 F.No.01/80/162/561/AM05/DES-I

Commit t ee agreeing t o t he recommendat ion of t he ALC decided t o conf irm to t he Cust oms aut horit ies t hat t he it em in quest ion was not a linkage pin and t heref ore not covered f or DEPB benef it s under Sl.No.287 of t he DEPB schedule f or Engineering Product s as claimed by t he export er in t he inst ant case.
Case No.68 M/s Cherry International Ref. from Additional Commissioner of Customs, Delhi dt.07.01.20054 F.No.01/80/162/973/AM05/DES-I

Committee observed that the issue involved in the instant case was technical in nat ure and ALC was in a bet t er posit ion t o give specif ic recommendat ion af t er consult ing Technical Aut horit ies. Theref ore, it was decided t o r ef er t he case back t o t he ALC t o have clear recommendat ion which could subsequently be considered by the DEPB Committee.

3

Case No.69 Audit of DEPB files of Jt.DGFT, Pondicherry dt.07.01.20054 F.No.01/80/162/621/AM05/DES-I

Committee observed that the issue involved in the instant case was technical in nat ure and ALC was in a bet t er posit ion t o give specif ic recommendat ion af t er consult ing Technical Aut horit ies. Theref ore, it was decided t o r ef er t he case back t o t he ALC t o have clear recommendat ion which could subsequently be considered by the DEPB Committee.
Case No.70 Ref. from Jt.DGFT, CLA, New Delhi dt.07.01.20054 F.No.01/80/162/854/AM05/DES-I

Commit t ee agreeing wit h t he recommendat ion of ALC decided t o add t he f ollowing in t he General I nst ruct ions f or DEPB Rat es af t er t he exist ing entry No.12:-
13. Standard Tools and accessories which are supplied with vehicles and are not separately priced in the Shipping Bill or I nvoice etc. may be covered under the relevant entries f or those vehicles.

Case No.71 M/s Deepak Industries Ltd., Faridabad dt.07.01.20054 F.No.01/80/162/595/AM05/DES-I

represent at ive f rom t he Dept t of Revenue st at ed t hat t he Agenda had been received by t hem only on 6.1.2005 and he had not been able t o st udy t he same. I t was t heref ore decided t o def er t he case f or t he next meet ing scheduled for 13.1.2005.

4

Case No.56 M/s Mahindra & Mahindra Ltd., Mumbai dt.07.01.20054 F.No.01/80/162/1780/AM04/DES-I

representative from Deptt of Revenue was not ready with the comments and sought last def erment which was permit t ed by t he Chair. The case is come up again on 13.1.2005.
Case No.72 Audit Objections raised by Accountant General (Audit), Andhra Pradesh dt.07.01.20054 F.No.01/86/ 40/55/AM01/DES-I II/DES-I

represent at ive f rom Dept t of Revenue st at ed t hat t he issue in quest ion is being examined by t hem and t hey will short ly come up wit h a reply. I t was decided to defer the case and to be relisted on 13.1.2005.
Case No.73 M/s Aditya Overseas, Hyderabad Ref. EEPC:OSD:DEPB:2004 dt.23.12.2004. dt.07.01.20054 F.No.01/80/162/1182/AM05/DES-I

Committee observed that in the earlier meeting it had been decided that the applicant should approach t he Commit t ee alongwit h t he dat a t hrough t he Export Promotion Council concerned. However, ALC was silent on this aspect and no specif ic recommendat ion had been made t o be considered by t he DEPB Commit t ee. I t was decided t o ref er t he case back t o t he ALC f or a specif ic recommendat ion based upon t he dat a et c. t o be obt ained t hrough the EPC concerned.

5 DES- II DIVISION

Case No.D-1

M/s Uttam Galva Steel Ltd DEPB Meeting No.20/05 dt.07.01.2005 F.No.01/81/162/1007/AM05/DES-II

The Commit t ee considered t he case as per det ails given in t he Agenda. In t he inst ant case t he issue raised in respect of CR coils, t he value cap has been f ixed at Rs.26.50/ Kg CR Coils as an input f or colour coat ed coils whereas f or t he end product i.e. CRGB/ CRGC Colour Coat ed Coils t he value cap has been f ixed at a lower rat e of Rs.25.50/Kg. The applicant had therefore sought correct ion in t his anomaly as also increase of t hese value caps, pleading that the one in place is not realistic. The representative from Dept t of Revenue sought def erment t o enable him t o examine t he issue as t he value cap in t he inst ant case has been f ixed on t he recommendat ion of Deptt of Revenue. The case is to be relisted on 13.1.2005.

Case No.D-2

M/s Punjab Stainless Steel Industries DEPB Meeting No.20/05 dt.07.01.2005 F.No.01/81/162/250/AM04/DES-II

Commit t ee observed t hat t his case had already been considered and rejected and there is no scope for reopening of the same. Moreover, it is to clarif y t hat provisional assessment of S/ Bill f or a part icular scheme does not ent it le any export er t o seek f inalizat ion of t he same. Furt her, t he amended ent ry not if ied in J une 2004 cannot be given any ret rospect ive ef f ect and as also t he policy does not provide f or t he same. I t was decided to maintain the rejection.

6 DES- III Division

Case No.1
M/s Emmellen Biotech Pharma Ltd, Mumbai DEPB Meeting dt.07.01.2005 F.No.01/82/162/255/AM05/DES-III

Commit t ee agreeing wit h t he recommendat ion of ALC decided t o amend t he descript ion in respect of ent ry at Sl.No.710 of t he DEPB schedule f or Chemical items to read as under:-
Pseudo Ephedrine Hcl / Pseudo Ephedrine Base/ Pseudo Ephedrine Sulphate .
Case No.2
M/s Matrix Laboratories Ltd., Hyderabad DEPB Meeting dt.07.01.2005 F.No.01/82/162/6376/AM05/DES-III

represent at ive f rom t he Dept t of Revenue st at ed t hat t he Agenda had been received by t hem only on 6.1.2005 and he had not been able t o st udy t he same. I t was t heref ore decided t o def er t he case f or t he next meet ing scheduled for 13.1.2005.

7 DES- V Division

Case No.39
M/s Legend International Pvt Ltd, New Delhi DEPB Meeting No.17/05 dt.07.01.2005 F.No.01/84/162/854/AM05/DES-V

Committee after deliberating upon the issue opined that the item in question was not covered under eit her of t he ent ries of DEPB schedule and not entitled for any DEPB benefits and hence it was decided to reject the case.
Case No.40
Ref. from Jt.DGFT, Ludhiana DEPB Meeting No.17/05 dt.07.01.2005 F.No.01/84/162/951/AM05/DES-V

The Commit t ee considered t he case as per det ails given in t he Agenda. I t was obser ved t hat t he issue relat ed t o SI ON and not DEPB schedule and DEPB Commit t ee does not have any mandat e t o deal wit h t he SI ON f or t he purposes of classification. I t was f or t he ALC-I I t o decide what should be appropriat e classif icat ion f or t he it em in quest ion. Accordingly, it was decided to refer back the case to ALC.
Case No.41
Ref. from ICD Patparganj DEPB Meeting No.17/05 dt.07.01.2005 F.No.01/84/162/879/AM05/DES-V

case relat ed t o DFRC f or which DEPB Commit t ee has no mandat e. I t was accordingly decided to send back the case to ALC for appropriate disposal.

8 DES- VIII DIVISION

Case No.1
M/s Jalpac India Ltd., New Delhi DEPB Meeting No.1/05 dt.07.01.2005 F.No.01/87/162/644/AM04/DES-VIII

represent at ive f rom t he Dept t of Revenue st at ed t hat t he Agenda had been received by t hem only on 6.1.2005 and he had not been able t o st udy t he same. I t was t heref ore decided t o def er t he case f or t he next meet ing scheduled for 13.1.2005.
Case No.2
Ref. from Plastic Export Promotion Council, Mumbai (M/s Reliance Industries Ltd., Mumbai) DEPB Meeting No.1/05 dt.07.01.2005 F.No.01/87/162/644/AM04/DES-VIII

represent at ive f rom t he Dept t of Revenue st at ed t hat t he Agenda had been received by t hem only on 6.1.2005 and he had not been able t o st udy t he same. I t was t heref ore decided t o def er t he case f or t he next meet ing scheduled for 13.1.2005.
The meeting ended with vote of thanks to the Chair.

---