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MINUTES OF EPCG COMMITTEE MEETING HELD UNDER THE CHAIRMANSHIP OF SHRI JAIKANT SINGH, ADDITIONAL DIRECTOR GENERAL OF FOREIGN TRADE AT 1430 Hours ON 19.11.2014

Following officers attended the meeting:

a. Shri Akash Taneja, Joint Director General of Foreign Trade, DGFT b. Shri S.K. Jain, Development Officer, Department of Industrial Policy and Promotion c. Shri B.C. Nagar, Development Officer, Department of Heavy Industry
d. Shri G. S. Bains, Technical Officer (DBK), Department of Revenue

II. Minutes of the last Meeting held on 19.09.2014 were confirmed. III. The Committee deliberated upon all the cases and following decisions were taken: Sl. No. Firm’s Name and File Numbers EPCG Authorisation No. and date Subject Decision of the Committee
1. M/s Bedi Knit – D- Fab.

01/36/218/113/AM- 15/EPCG-I 3130002267 dated 14.12.2006 Condonation of block- wise EO
The Committee observed that the firm have fulfilled entire EO during the second block of EOP and, therefore, decided to recommend to DG for relaxation under Para 2.5 of FTP to allow condonation from condition of fulfilment of block-wise EO for the first block subject to payment of composition fee of 2% on duty saved amount in proportion to the shortfall at the end of each block in terms of the provisions of Para 5.8.2 of HBP v1 (RE:2013)/Para 5.8.3 of HBP v1 (RE:2012).

This has the approval of DG.

M/s Avi Additives Pvt. Ltd.

tfall at the end of each block in terms of the provisions of Para 5.8.2 of HBP v1 (RE:2013)/Para 5.8.3 of HBP v1 (RE:2012).

This has the approval of DG.

M/s Avi Additives Pvt. Ltd.

01/36/218/253/AM- 14/EPCG-I 0930007227 dated 28.06.2011 Condonation of delay in installation of the capital goods & change of address of installation of capital goods The Committee observed that: a. The party has informed that the machinery for manufacture of Colour Master Batch could not be installed at the proposed unit at Balanagar because they have already installed White master Batches and if more master batches are installed in same unit, it would have lead to contamination; b. The party obtained a fresh SSI Registration at Plot No. 199/A, Phase-III, IP Pashmaliaram, Patancheru(m), Medak District; c. This unit is registered with Central Excise, Hyderabad. d. Both the locations are endorsed in IEC.

The Committee therefore, decided to recommend to DG for relaxation under Para 2.5 of FTP to allow condonation of delay in installation of CG and regularization of installation of CG at other place subject to condition of submission of installation certificate from Central Excise within six months.

M/s Fiat India Automobiles Pvt. Ltd. 21 EPCG authorizations To consider EOP as 12 years [given that the It was observed that the company had taken 21 EPCG licences during the

s.

M/s Fiat India Automobiles Pvt. Ltd. 21 EPCG authorizations To consider EOP as 12 years [given that the It was observed that the company had taken 21 EPCG licences during the

01/36/218/189/AM- 14/EPCG-I issued during the period of AM-08 to AM- 09 duty saved amount is more than INR 100 Crores] for clubbed licences period AM-08 to AM-09 for the same project. It was also observed that all the imports for the project under these EPCG authorizations had been completed within the validity period of first EPCG authorization itself. The Committee also took into consideration the contention of the firm that it is not possible to fulfil entire EO within the validity period of 8 years even if they exported their entire production. The committee also noted that a communication addressed to CIM from Minister of Heavy Industries has been received recommending the grant of extended EOP in view of that this relaxation will support the company for industrialization, investment and generating export and foreign exchange earnings in conformity with “Make in India” commitment of the Govt. of India. The representative of DOR reiterated their stand that the facility of extended EO period should not be permitted in case the value of clubbed authorizations exceeds rupees 100 crores even if all authorizations pertain to one project. The Committee decided to defer the case for further examination.
4. M/s Crest Steel & Power Pvt.

uthorizations exceeds rupees 100 crores even if all authorizations pertain to one project. The Committee decided to defer the case for further examination.
4. M/s Crest Steel & Power Pvt. Ltd.,

01/36/218/75/AM- 15/EPCG-I 0330032340 dated 30.03.2012 0330032342 dated 30.03.2012 0330035263 dated 06.03.2013 Extension in time for submission of installation certificate could not install the capital goods imported against these three authorizations because the firm has not completed import of CG required for their project due to financial constraint as banks have put financing of their projects on hold due to ban on mining.

The Committee, therefore, decided to under Para 2.5 of FTP to allow extension in time upto 31.07.2015 for installation of capital goods subject to the condition that the party would submit installation certificates form Central Excise by 31.07.2015.

M/s Escott Apparels Pvt. Ltd.

7.2015 for installation of capital goods subject to the condition that the party would submit installation certificates form Central Excise by 31.07.2015.

M/s Escott Apparels Pvt. Ltd.

01/36/218/99/AM- 15/EPCG-I 0530142025 dated 25.09.2006 wise EO and extension in EOP for 1 years The Committee deliberated upon the case and decided to recommend to DG for relaxation under Para 2.5 of FTP to allow:

(a) condonation from condition of fulfillment of block-wise EO subject to payment of 2% composition fee on duty saved amount in proportion to the shortfall at the end of block in terms of the provisions of Para 5.8.2 of HBP v1(RE:2013)/Para 5.8.3 of HBP v1 (RE:2012); and (b) extension in EOP for 1 year on payment of composition fee equal to 2% of proportionate duty saved amount on unfulfiled EO or an

enhancement in EO imposed to the extent of 10% of total EO at the choice of exporter, in terms of provisions contained in Para 5.11(a) of HBP Vol. I.

M/s Chang Yun India Limited

01/36/218/319/AM- 14/EPCG-I 0530137374 dated 08.11.2004 0530139319 dated 16.08.2005 0530153871 dated 01.11.2010 in submission of installation certificate from central Excise beyond 18 months The Committee observed that the Installation Certificate has already been obtained from the Central Excise and, therefore, decided to under Para 2.5 of FTP to condone the delay in installation of capital goods.

t the Installation Certificate has already been obtained from the Central Excise and, therefore, decided to under Para 2.5 of FTP to condone the delay in installation of capital goods.

M/s Indian Synthetic Rubber Limited

01/36/218/242/AM- 14/EPCG-I 0530157502 dated 30.01.2012 Amendment in import item list of EPCG authorization no. 0530157502 dated 30.01.2012 and in invalidation letter no. 0559001344 dated 07.03.2012 issued against the authorization has already imported the items mentioned in the EPCG authorization and also submitted an installation certificate dated 22.05.2013 for the same. The Committee noted that the items stated to have been installed are only parts of the Ammonia Refrigerator Package as per own admission of the firm. However, the party has requested for a change in the description of imported items which they have already procured and installed. It was therefore, decided to defer the case and re-examine the matter after calling the file from CLA, New Delhi for greater clarity in the matter.

M/s Ankur Udyog Limited

01/36/218/412/AM- 14/EPCG-I 1530000124 dated 15.03.2005 1530000122 dated 02.02.2005 Counting of excess exports made against EPCG authorization nos. 1530000124 dated 15.03.2005 and 1530000122 dated 02.02.2005 towards fulfilment of EO of 18 other EPCG authorizations
case and decided to allow counting of exports made against EPCG authorization no.

ed 15.03.2005 and 1530000122 dated 02.02.2005 towards fulfilment of EO of 18 other EPCG authorizations
case and decided to allow counting of exports made against EPCG authorization no. 1530000124 dated 15.03.2005 and 1530000122 dated 02.02.2005 for fulfilment of EO of 16 other EPCG authorizations issued during the period AM-06 to AM-09 provided the exports made are within the validity period of EPCG Authorizations and subject to the condition that the exports made are within the validity period of EPCG Authorizations and that there is no double counting of exports. Further, adjustment of excess exports is done in respect of value of entire shipment under a shipping bill and not a part of it. A composition fee of Rs 200 per shipping bill would be charged for such shipping bills which are being considered for fulfilment of EO in respect of other EPCG authorizations.

M/s Dixon Technologies (India) Pvt. Ltd.

01/36/218/239/AM- 13/EPCG-I 0530137463 dated 25.11.2004 Permission to consider exports made on behalf of third party to meet export obligation The

Committee heard the representative of the company and also observed that all the documents were made at one go i.e. no subsequent endorsement was made in Invoice or ARE-1. The shipping bill numbers are mentioned in ARE-1 and

ve of the company and also observed that all the documents were made at one go i.e. no subsequent endorsement was made in Invoice or ARE-1. The shipping bill numbers are mentioned in ARE-1 and

the corresponding invoices which indicate that the goods were manufactured by the company and exported through M/s Philips Electronics India Pvt. Ltd. to fulfil about 36% of EO imposed on the authorization. The representative further stated that the goods have been shipped directly from their factory on behalf of the M/s Philips Electronics India Pvt. Ltd. The DOR representative stated that they are not in favour of allowing such benefits. The Committee, however, felt that the matter should be referred to DG for relaxation keeping in view the corroborative evidence produced before the Committee. The company would produce the original Invoices and ARE-1 before JDG concerned in CLA for verification before redemption.

  1. M/s Digicon Electronics Pvt. Ltd.

01/36/218/237/AM- 14/EPCG-I 3130002077 dated 06.11.2006 3130002196 dated 09.01.2007 Extension in EOP for 2 years case. It was observed that the firm has not fulfilled block-wise EO and only requested for EOP extension for 2 years and not for condonation of block- wise EO. Only grant of EO extension will not serve the purpose.

ed that the firm has not fulfilled block-wise EO and only requested for EOP extension for 2 years and not for condonation of block- wise EO. Only grant of EO extension will not serve the purpose. It was therefore, decided to recommend to of FTP to allow: (a) condonation from condition of fulfilment of block-wise EO subject to payment of 2% composition fee on duty saved amount in proportion to the shortfall at the end of block in terms of the provisions of Para 5.8.2 of HBP v1(RE:2013)/Para 5.8.3 of HBP v1 (RE:2012); and (b) extension in EOP for 2 years on payment of composition fee equal to 2% of proportionate duty saved amount on unfulfilled EO or an enhancement in EO imposed to the extent of 10% of total EO at the choice of exporter, in terms of provisions contained in Para 5.11(a) of HBP Vol. I. Extension in EOP for two years will only be granted after the firm has paid the composition fee for non-fulfilment of block-wise export obligation as per (a) above.

  1. M/s M & M Fasteners India

18/55/AM-15/P-5 0730001862 dated 11.06.2004 Extension in EOP for 2 years The Committee decided to recommend to DG for relaxation under Para 2.5 of FTP to allow second extension in EOP for 2 years on payment of 50% of duty payable in proportion to the unfulfilled export obligation in terms of Para 5.11(b) of HBP Vol. I.

under Para 2.5 of FTP to allow second extension in EOP for 2 years on payment of 50% of duty payable in proportion to the unfulfilled export obligation in terms of Para 5.11(b) of HBP Vol. I.

  1. Manish Vinyls

01/36/218/103/AM- 13/EPCG-I 0530142920 dated 24.01.2007 0530144608 dated 20.09.2007 Acceptance of Chartered Engineer Certificate instead of Central Excise for redemption of authorization. Representative of the DOR stated that they need to call for a report from their field office in the matter before furnishing their comments. The Committee therefore decided to defer the case.
13. M/s Alstone International

01/36/218/52/AM-15/ EPCG-I 0530144040 dated 04.07.2007 Redemption and acceptance of export documents The technical member from DIPP confirmed that both the products i.e. Aluminium Composite Panels and Aluminium Composite Sheets are same products. The Committee, therefore, decided to allow counting of export of Aluminium Composite Sheets for fulfilment of EO of the EPCG authorization No. 0530144040 dated 04.07.2007. 14. M/s Uni Globe Packaging Pvt. Ltd.

01/37/218/13/AM- 15/EPCG-II 0330020491 dated 30.06.2008 0330020120 dated 20.05.2008 Grant of permission of shifting of capital goods from their own unit to the unit of supporting manufacturer. case and decided to allow shifting of capital goods imported under these EPCG authorizations to the factory premises of Supporting manufacturer namely M/s Amcor Flexibles India Pvt. Ltd.

urer. case and decided to allow shifting of capital goods imported under these EPCG authorizations to the factory premises of Supporting manufacturer namely M/s Amcor Flexibles India Pvt. Ltd. The firm would submit installation certificate confirming installation of the CG in the premises of their supporting manufacturer within 6 months from the date of shifting of the capital goods. 15. M/s Shivalik Bimetal Controls Ltd.

18/183/AM-13/EPCG-II 0530155424 dated 05.05.2011 0530155431 05.05.2011 053155667 dated 03.06.2011 0530155745 dated 14.06.2011 Extension in time upto 30.09.2014 for installation of capital goods imported under EPCG Scheme. The case was earlier considered in EPCG Committee meeting held on 06.03.2013 where the Committee had allowed extension in time upto 31.03.2014 for installation of capital goods. Thereafter, firm again requested for extension in time for installation of CG upto 30.09.2014 due to the following reasons:

 Since all the machines were stored at their premises at Mewat, Gurgaon,

they had started movement of the machines as per the floor plan and requirement in the production process within the current premises at Chambaghat, Himachal Pradesh;  Chambaghat, being a hilly terrain and some of the machines being large in size, some portion of the factory had to be demolished;  the process of obtaining requisite approvals from various departments has taken time and the premises is being redesigned for accommodation of the entire plant & machinery.

be demolished;  the process of obtaining requisite approvals from various departments has taken time and the premises is being redesigned for accommodation of the entire plant & machinery.

has completed installation of capital goods and obtained installation certificates from central excise authority in September, 2014. Therefore, the Committee decided to recommend to DG under Para 2.5 of FTP for relaxation of Provision

of Para 5.3.1 of HBP v1 to allow extension in time upto 30.09.2014 for submission of installation certificate.

  1. M/s Tata Motors Limited

01/37/218/19/AM- 15/EPCG-II 0330016654 dated 05.07.2007 0530154409 dated 30.12.2010 Export of capital goods imported under EPCG Scheme for repairs and re-import thereof. The Committee decided to recommend to DG under Para 2.5 of FTP for relaxation of provision of Para 5.16 of HBP v1 as per which the defective capital goods are to be re-exported to the foreign supplier within 3 years of import and to allow the re-export of the capital goods subject to furnishing of an undertaking that the firm would re-import the same capital goods after replacement/repairs subject to the condition that the firm shall pay customs duty at the time of re-import on replacement/repair charges, if any, paid by them.

  1. M/s Reliance Infrastructure Limited, Mumbai

18/184/AM-13/EPCG-II 0330029636 dated 01.06.2011 0330029874 dated 30.06.2011 0330030896 dated 21.10.2011 Amendment in the decision of EPCG Committee meeting dated 19.12.2013.

bai

18/184/AM-13/EPCG-II 0330029636 dated 01.06.2011 0330029874 dated 30.06.2011 0330030896 dated 21.10.2011 Amendment in the decision of EPCG Committee meeting dated 19.12.2013. Representative of the DOR stated that they need to call for comments from their field office in the matter before giving their views. The case was accordingly deferred. Representative of DOR was requested to send their comments within three weeks.

  1. M/s Sunfresh Agro Industries (P) Limited

01/37/218/111/AM- 15/EPCG-II 3130005151 dated 01.10.2010 in installation of capital goods case and noted that the installation certificate has been issued by a Chartered Engineer. The Committee decided to defer the case with directions to call for a report from the party whether the unit where capital goods have been installed is registered with Central Excise and if so, then the company should furnish a fresh installation certificate from Central Excise Authority. 19. M/s Sunder Forging

01/37/218/38/AM- 15/EPCG-II 3030001025 dated 20.05.2005 wise EO and extension in EOP of FTP to allow:

(a) condonation from condition of fulfillment of block-wise EO subject to shortfall at the end of block in terms of the provisions of Para 5.8.2 of HBP v1(RE:2013)/Para 5.8.3 of HBP v1 (RE:2012); and

(b) extension in EOP for 2 years on payment of composition fee equal to 2% of proportionate duty saved

e provisions of Para 5.8.2 of HBP v1(RE:2013)/Para 5.8.3 of HBP v1 (RE:2012); and

(b) extension in EOP for 2 years on payment of composition fee equal to 2% of proportionate duty saved

I.

  1. M/s P.P. Rolling Mills Mfging Co. Pvt. Ltd.

01/37/218/90/AM- 15/EPCG-II 0530144626 dated 24.09.2007 0530144256 dated 03.08.2007 in installation of capital goods The Committee observed that the Installation Certificate has already been obtained from the Central Excise and, therefore, decided to under Para 2.5 of FTP to condone the delay in installation of capital goods.

  1. M/s Sai Packaging Company

01/37/218/114/AM- 15/EPCG-II 0530161029 dated 14.06.2013 Shifting of capital goods from one unit to other unit The Committee observed that both the addresses of the unit i.e. the unit where the capital goods are installed at present and the unit where the capital goods are to be shifted are incorporated in IEM, IEC and RCMC. The company have also produced copies of Installation Certificates confirming installation at the former unit. The Committee, therefore, decided to grant permission to shift the capital goods from their unit located at Plot No.42/43, 3rd Phase, 4th Main, Peenya Industrial Area, Bangalore-560058 to the unit located at Sy.No.168/1 & 168/2, Magadi Road, Machohalli, Dasanpura Hobli, Bangalore-560091. However, party should submit installation certificate to RA concerned within 6 months. 22. M/s Sheena Home Tex Pvt. Ltd.

& 168/2, Magadi Road, Machohalli, Dasanpura Hobli, Bangalore-560091. However, party should submit installation certificate to RA concerned within 6 months. 22. M/s Sheena Home Tex Pvt. Ltd.

01/37/218/206/AM- 14/EPCG-II 0530139276 dated 09.08.2005 0530138439 dated 12.04.2005 0530139270 dated 09.08.2005 0530140244 dated 09.01.2006

wise EO and extension in EOP of FTP to allow:

(a) condonation from condition of fulfillment of block-wise EO subject to payment of 2% composition fee on duty saved amount in proportion to the shortfall at the end of block in terms of the provisions of Para 5.8.2 of HBP v1(RE:2013)/Para 5.8.3 of HBP v1 (RE:2012); and

(b) extension in EOP for 2 years on payment of composition fee equal to 2% of proportionate duty saved extent of 10% of total EO at the choice of exporter, in terms of provisions contained in Para 5.11(a) of HBP Vol. I.

  1. M/s Sidharth Paper Limited

01/37/218/127/AM- 2930000112 dated 22.02.2006 2930000114 wise EO of FTP to allow condonation from

15/EPCG-II dated 06.03.2006 condition of fulfillment of block-wise EO subject to payment of 2% composition fee on duty saved amount in proportion to the shortfall at the end of block in terms of the provisions of

Para 5.8.2 of HBP v1(RE:2013)/Para

5.8.3 of HBP v1 (RE:2012).

  1. M/s Shree Ramakrishna (Jhanwar) Texfab Pvt. Ltd.

01/37/218/92/AM- 15/EPCG-II 3130001619 dated 08.03.2006 wise EO and extension in EOP of FTP to allow:

(a) condonation from condition of fulfillment of block-wise EO subject to duty saved amount in proportion to the shortfall at the end of block in terms of the provisions of Para 5.8.2 of HBP v1(RE:2013)/Para 5.8.3 of HBP v1 (RE:2012); and

(b) extension in EOP for 2 years on payment of composition fee equal to 2% of proportionate duty saved extent of 10% of total EO at the choice of exporter, in terms of provisions contained in Para 5.11(a) of HBP Vol. I.

  1. M/s Welco Overseas Pvt. Ltd.

01/37/218/55/AM- 15/EPCG-II 0530141170 dated 26.05.2006 wise EO, extension in EOP and counting of export of alternate products The Committee observed that there was a provision to fulfil 100% EO by exports of alternate product at the time of issuance of authorization. The Committee, therefore, decided to under Para 2.5 of FTP to allow:

(a) condonation from condition of duty saved amount in proportion to the shortfall at the end of block in terms of the provisions of Para 5.8.2 of HBP v1(RE:2013)/Para 5.8.3 of HBP v1 (RE:2012); and

(b) extension in EOP for 2 years on payment of composition fee equal to 2% of proportionate duty saved I.

(c) counting of exports of alternate products viz.

of HBP v1 (RE:2012); and

(b) extension in EOP for 2 years on payment of composition fee equal to 2% of proportionate duty saved I.

(c) counting of exports of alternate products viz. readymade garments made of manmade fibre, Boys 2 Pcs suit (Knitted) and Socks (Knitted)
manufactured and exported by the

Company from the date of issuance of authorizations subject to re-fixation and maintenance of average E.O. of the alternate product manufactured by the Party.

  1. M/s Victora Tool Engineering Pvt. Ltd.

01/37/218/97/AM- 15/EPCG-II 0530153309 dated 07.09.2010 0530150764 dated 24.12.2009 0530150667 dated 16.12.2009 0530152849 dated 21.07.2010 in installation of capital goods The Committee observed that the Installation Certificate has already been obtained from the Central Excise and, therefore, decided to under Para 2.5 of FTP to condone the delay in installation of capital goods.

  1. M/s Sree Jeya Sounddharam textile Mills Pvt. Ltd.

01/37/218/128/AM- 15/EPCG-II 3530001993 dated 12.09.2006 First extension in EOP of FTP to allow first extension in EOP for 2 years on payment of composition fee equal to % of proportionate duty saved amount on unfulfilled EO or an I.

  1. M/s Sri Saravana Fabrics

01/37/218/144/AM- 15/EPCG-II 3530001592 dated 21.03.2006 First extension in EOP of FTP to allow first extension in EOP for 2 years on payment of composition fee equal to 2% of proportionate duty saved amount on unfulfilled EO or an I.

  1. M/s Sri Dharma Spinners (P) Ltd.

TP to allow first extension in EOP for 2 years on payment of composition fee equal to 2% of proportionate duty saved amount on unfulfilled EO or an I.

  1. M/s Sri Dharma Spinners (P) Ltd.

01/37/218/143/AM- 15/EPCG-II 3530002014 dated 20.09.2006 First extension in EOP of FTP to allow first extension in EOP for 2 years on payment of composition fee equal to 2% of proportionate duty saved amount on unfulfilled EO or an I.

  1. M/s Pioneer Apparels (P) Ltd. 0530141282 dated wise EO have fulfilled entire EO during the EOP

01/37/218/78/AM- 15/EPCG-II 03.06.2006 and, therefore, decided to under Para 2.5 of FTP to allow condonation from condition of payment of composition fee of 2% on shortfall in terms of the provisions of

Para 5.8.2 of HBP v1 (RE:2013)/Para

5.8.3 of HBP v1 (RE:2012).

  1. M/s Oxford Golf & Resorts Pvt. Ltd.

01/37/218/96/AM- 15/EPCG-II 3130001405 dated 22.11.2005 3130002793 dated 13.11.2007 wise EO and First extension of EOP of FTP to allow:

(a) condonation from condition of shortfall at the end of block in terms of the provisions of Para 5.8.2 of HBP v1(RE:2013)/Para 5.8.3 of HBP v1 (RE:2012); and

(b) first extension in EOP for 2 years on payment of composition fee equal I.

  1. M/s Unisex Footwears Pvt. Ltd.

01/37/218/48/AM- 15/EPCG-II 0530133465 dated 29.10.2002 wise EO of FTP to allow condonation from condition of fulfilment of block-wise EO subject to payment of composition fee of 2% on duty saved amount in proportion to the shortfall at the end of each block in terms of the provisions of

Para 5.8.2 of HBP v1 (RE:2013)/Para

5.8.3 of HBP v1 (RE:2012).

  1. M/s SPM Tools

01/37/218/28/AM- 15/EPCG-II 3130000737 dated 03.06.2004 Condonation delay in obtaining installation certificate from central excise authority. The Committee observed that the Installation Certificate has already been obtained from the Central Excise and, therefore, decided to under Para 2.5 of FTP to condone the delay in installation of capital goods.

  1. M/s Pavana Hotel Pvt. Ltd.

0730004665 dated 03.10.2006 First Extension of two years in EOP case. It was observed that the firm has not fulfilled block-wise EO and only

01/37/218/113/AM- 15/EPCG-II 0730004606 dated 19.09.2006 0730005297 dated 22.02.2007 requested for EOP extension for 2 years and not for condonation of block- wise EO. Only grant of EO extension will not serve the purpose. It was therefore, decided to recommend to of FTP to allow:

(a) condonation from condition of shortfall at the end of block in terms of the provisions of Para 5.8.2 of HBP v1(RE:2013)/Para 5.8.3 of HBP v1 (RE:2012); and

(b) first extension in EOP for 2 years on payment of composition fee equal I.

Extension in EOP for two years should be granted the party only after the party has paid the composition fee for non-fulfilment of block-wise export obligation as per (a) above.

  1. M/s Muthulaxmi Spinning Mills (P) Ltd.

hould be granted the party only after the party has paid the composition fee for non-fulfilment of block-wise export obligation as per (a) above.

  1. M/s Muthulaxmi Spinning Mills (P) Ltd.

18/19/AM-15/P-5 3530000704 dated 05.11.2004 wise EO and first extension of EOP of FTP to allow:

(a) condonation from condition of duty saved amount in proportion to the shortfall at the end of block in terms of the provisions of Para 5.8.2 of HBP v1(RE:2013)/Para 5.8.3 of HBP v1 (RE:2012); and

(b) first extension in EOP for 2 years on payment of composition fee equal I.

  1. M/s Sri Balaji Casting (P) Ltd.

01/37/218/42/AM- 15/EPCG-II 0430002303 dated 25.01.2005 0430002304 dated 25.01.2005 0430002305 in obtaining installation certificate from central excise authority and regularisation of installation of CG at has installed the capital goods imported against EPCG authorization No.0430006703 dated 07.10.2008 at their Unit-II without taking prior permission from RA. The committee also noted that the places where CG

capital goods imported against EPCG authorization No.0430006703 dated 07.10.2008 at their Unit-II without taking prior permission from RA. The committee also noted that the places where CG

dated 25.01.2005 0430003759 dated 26.05.2006 0430005121 dated 03.07.2007 0430006703 dated 07.10.2008 other unit. have been installed are included in IEC and Installation Certificates have been obtained from the Central Excise. The Committee, therefore, decided to regularise the shifting and to under Para 2.5 of FTP to condone the delay in installation of capital goods and regularization of installation of CG at other unit.

  1. M/s Virgo Aluminium Ltd.

01/37/218/142/AM- 15/EPCG-II 2230001324 dated 17.03.2010 2230001407 dated 30.06.2010 2230001283 dated 29.01.2010 2230001344 dated 05.04.2010 wise EO of FTP to allow condonation from condition of fulfilment of block-wise EO subject to payment of composition fee of 2% on duty saved amount in proportion to the shortfall in terms of the provisions of Para 5.8.2 of HBP v1 (RE:2013)/Para 5.8.3 of HBP v1 (RE:2012).

  1. M/s Ven-Gree Metal Punch (P) Ltd.

01/37/218/22/AM- 15/EPCG-II 0730004368 dated 19.07.2006 wise EO and first extension in EO of FTP to allow:

(a) condonation from condition of duty saved amount in proportion to the shortfall at the end of block in terms of the provisions of Para 5.8.2 of HBP v1(RE:2013)/Para 5.8.3 of HBP v1 (RE:2012); and

(b) first extension in EOP for 2 years on payment of composition fee equal I.

of block in terms of the provisions of Para 5.8.2 of HBP v1(RE:2013)/Para 5.8.3 of HBP v1 (RE:2012); and

(b) first extension in EOP for 2 years on payment of composition fee equal I.

  1. M/s Plascare Industries Pvt. Ltd.

01/37/218/84/AM- 15/EPCG-II 0430003330 dated 12.01.2006 wise EO of FTP to allow condonation from condition of fulfilment of block-wise EO subject to payment of composition fee of 2% on duty saved amount in proportion to the shortfall in terms of the provisions of Para 5.8.2 of HBP v1 (RE:2013)/Para 5.8.3 of HBP v1 (RE:2012).

  1. M/s Jindal Stainless Limited

01/36/218/72/AM- 15/EPCG-I 3330001992 dated 29.03.2011 Permission to re- import capital goods imported under EPCG scheme which were re-exported for repairs in terms of Para 5.16.1 of HBP v1 and duty enhancement. Representative from DOR informed that the party has not informed the Customs Authority about re-export of defective capital goods. The Committee, therefore, decided to defer the case with the direction to ask the firm to provide proof of prior permission obtained from Customs for re-export of defective capital goods.

  1. M/s American International Health Management Ltd.

01/36/218/109/AM- 13/EPCG-I 1330000635 dated 13.07.2004 Second extension in EOP for 2 years The Committee decided to recommend to DG for relaxation under Para 2.5 of FTP to allow second extension in EOP for 2 years on payment of 50% of duty payable in proportion to the unfulfilled export obligation in Para 5.11(b) of HBP Vol. I.

relaxation under Para 2.5 of FTP to allow second extension in EOP for 2 years on payment of 50% of duty payable in proportion to the unfulfilled export obligation in Para 5.11(b) of HBP Vol. I.

  1. M/s Elegant Printing Works

01/36/218/41/AM- 15/EPCG-I 0730004784 dated 02.11.2006 wise (1st block) and first extension in EOP of FTP to allow:

(a) condonation from condition of shortfall at the end of block in terms of the provisions of Para 5.8.2 of HBP v1(RE:2013)/Para 5.8.3 of HBP v1 (RE:2012); and

(b) first extension in EOP for 2 years on payment of composition fee equal I.

  1. M/s Katyaini Images India Pvt. Ltd.

01/36/218/105/AM- 15/EPCG-I 0530141000 dated 05.05.2006 Counting of export of alternate products for fulfilment of 100% EO The Committee observed that there was a provision to fulfil 100% EO by exports of alternate product at the time of issuance of licence. The Committee, therefore, decided to recommend to DG to allow counting of exports of alternate products viz. Woven garments, embroidered and unembroidered readymade garments manufactured and exported by the Company from the date of issuance of authorizations subject of refixation and maintenance of average E.O. of the alternate product.

  1. M/s Gee Pee 0930001746

tured and exported by the Company from the date of issuance of authorizations subject of refixation and maintenance of average E.O. of the alternate product.

  1. M/s Gee Pee 0930001746

Electrospark Pvt. Ltd.

01/36/218/70/AM- 14/EPCG-I dated 16.09.2005 in installation of capital goods has obtained installation certificate from Central Excise and therefore, decided to recommend to DG for relaxation under Para 2.5 of FTP to allow condonation of delay in installation of capital goods.

  1. M/s Mysore Thermo Electric Pvt. Ltd.

18/12/AM-15/P-5 0730006247 dated 26.10.2007 wise EO and first extension in EOP for 2 years of FTP to allow:

(a) condonation from condition of shortfall at the end of block in terms of the provisions of Para 5.8.2 of HBP v1(RE:2013)/Para 5.8.3 of HBP v1 (RE:2012); and

(b) first extension in EOP for 2 years on payment of composition fee equal I.

  1. M/s Bharat Aluminium Company Limited

01/36/218/121/AM- 14/EPCG-I 9 EPCG authorizations
in installation of capital goods and to grant them time till April, 2015 to complete the installation and for obtaining and submission of installation certificate.

authorizations
in installation of capital goods and to grant them time till April, 2015 to complete the installation and for obtaining and submission of installation certificate.
The request was placed before EPCG Committee meeting held on 24.07.2014 and it was decided to defer the case with the direction that before consideration of grant of time for installation of capital goods upto April, 2015, the firm should obtain a certificate from Central Excise that capital goods imported/procured against the subject EPCG Authorization are in company’s possession and are kept at the site/address of the factory premises mentioned in the Authorizations.

The Committee noted that : a. the firm have furnished a declaration from Vice President- Project for the company to the effect that the capital goods imported against 9 EPCG authorizations are kept in their possession at the company’s site situated at Balco Nagar, Korba, Chhattisgarh; b. the firm have stated that normally the Central Excise will not issue a certificate that the said capital goods are in possession and they issue certificate in respect of installation of capital goods only.

at normally the Central Excise will not issue a certificate that the said capital goods are in possession and they issue certificate in respect of installation of capital goods only.

The Committee, therefore, decided to under Para 2.5 of FTP to allow extension in time upto March, 2015 for installation of capital goods subject to the condition that if the party does not produce installation certificate by 15.04.2015, the RA should issue show cause notice and recover duty with applicable interest.

  1. M/s Goodwill Industries

01/36/218/30/AM- 15/EPCG-I 0730004112 dated 09.05.2006 Condonation for shortfall in first block EO and inclusion of alternate products. of FTP to allow condonation of condition of fulfilment of block-wise EO subject to payment of 2% composition fee on duty saved amount in proportion to the shortfall at the end of block in terms of the provisions of Para 5.8.2 of HBP v1(RE:2013)/Para 5.8.3 of HBP v1 (RE:2012).

As regards inclusion of alternate product, the Committee observed that there was a provision to fulfil 100% EO by exports of alternate product at the time of issuance of authorization and therefore, decided that the party may approach the concerned RA for inclusion of alternate products alongwith re-fixation of average export obligation of the alternate products provided alternate product is manufactured by the party.

erned RA for inclusion of alternate products alongwith re-fixation of average export obligation of the alternate products provided alternate product is manufactured by the party.

  1. M/s Jindal Saw Limited

01/36/218/62/AM- 15/EPCG-I 0530139896 dated 17.11.2005 0530151654 dated 29.03.2010 in installation of capital goods imported under EPCG scheme. has obtained installation certificate from Central Excise and therefore, decided to recommend to DG for relaxation under Para 2.5 of FTP to allow condonation of delay in installation of capital goods.

  1. M/s Jayavelu Spinning Mills Pvt. Ltd.

01/36/218/98/AM- 15/EPCG-I 3530001862 dated 30.06.2006 3530001838 dated 26.06.2006 First extension in EOP for 2 years
of FTP to allow First extension in EOP for 2 years on payment of composition fee equal to 2% of proportionate duty saved amount on unfulfiled EO or an I.

  1. M/s Ladhar Paper Mills.

3030003468 dated wise EO (1st block)

OP for 2 years on payment of composition fee equal to 2% of proportionate duty saved amount on unfulfiled EO or an I.

  1. M/s Ladhar Paper Mills.

3030003468 dated wise EO (1st block)

01/36/218/11/AM- 15/EPCG-I 05.12.2007 of FTP to allow condonation from condition of fulfillment of block-wise EO subject to payment of composition fee of 2% on duty saved amount in proportion to the shortfall in terms of the provisions of Para 5.8.2 of HBP v1 (RE:2013)/Para 5.8.3 of HBP v1 (RE:2012).

  1. M/s Anand Engineering Products Pvt. Ltd.

01/36/218/05/AM- 15/EPCG-I 0430003435 dated 27.02.2006 0430003267 dated 26.12.2005 0430002861 dated 01.08.2005 wise EO and first extension in EOP for first extension of 2 years of FTP to allow:

(a) condonation from condition of fulfillment of block-wise EO subject to shortfall at the end of block in terms of the provisions of Para 5.8.2 of HBP v1(RE:2013)/Para 5.8.3 of HBP v1 (RE:2012); and

(b) first extension in EOP for 2 years on payment of composition fee equal amount on unfulfiled EO or an I.

ons of Para 5.8.2 of HBP v1(RE:2013)/Para 5.8.3 of HBP v1 (RE:2012); and

(b) first extension in EOP for 2 years on payment of composition fee equal amount on unfulfiled EO or an I.

  1. M/s Tata Steel Limited

01/37/218/47/AM- 15/EPCG-II 0230003829 dated 28.11.2008 0230003833 dated 01.12.2008 0230004702 dated 01.12.2009 0230004942 dated 15.02.2010 0230004958 dated 18.02.2010 0230006009 dated 25.11.2010 0230008617 dated 12.02.2013 0230008717 dated 22.03.2013 0230008854 dated 21.05.2013 0230009002 dated 06.08.2013 Extension in time for submission of installation certificates The case was placed before the EPCG Committee in its meeting held on 19.09.2014 wherein it was decided to defer the case with direction to call for RA’s report, inter- alia on whether any ECA action/ investigation is contemplated/ pending against the authorization holder. RA, Kolkata has now, confirmed that there is no ECA action/ investigation contemplated/ pending against the authorization holder.

The Committee also observed that:

a. The company has requested for extension in time for submission of installation certificate. b. In respect of six EPCG authorizations, they got extension in time upto April, 2014 for submission of installation certificate from Customs Authority, Kolkata; c. They planned to set up a Greenfield Steel Project at Kalinganagar, Jajpur, Odisha. d. Due to various reasons, the land required for the project could not be allotted to the party within a reasonable time.

set up a Greenfield Steel Project at Kalinganagar, Jajpur, Odisha. d. Due to various reasons, the land required for the project could not be allotted to the party within a reasonable time.

DGFT = Directorate General of Foreign Trade DG = Director General FTP = Foreign Trade Policy HBP v1 = Handbook of Procedure Vol. I EO = Export Obligation EODC = Export Obligation Discharge Certificate EOP = Export Obligation Period EPCG = Export Promotion Capital Goods RA = Regional Authority BG = Bank Guarantee FFE = Free Foreign Exchange FE = Foreign Exchange IEC = Importer-Exporter Code DOR = Department of Revenue CLA = Central Licensing Area IEM = Industrial Entrepreneurs Memorandum RCMC = Registration-cum-Membership Certificate DHI = Department of Heavy Industry DOT=Department of Telecommunication

The Committee, therefore, decided to under Para 2.5 of FTP to allow extension in time upto April, 2015 for submission of installation certificates.

  1. M/s Vardhman Textiles Limited. No.01/37/218/123/AM- 15/EPCG-II 3030011975 dated 16.01.2014 3030011816 dated 12.11.2013 Shifting of capital goods from one unit to other unit The Committee observed that both the addresses of the units i.e. the unit where the capital goods are installed at present and the unit where the capital goods are to be shifted are incorporated in IEC. The Committee, therefore, decided to grant permission to shift the capital goods as per details given below:

EPCG authorization No. and date Capital goods proposed for shifting.

ed in IEC. The Committee, therefore, decided to grant permission to shift the capital goods as per details given below:

EPCG authorization No. and date Capital goods proposed for shifting. Present place of installation Proposed place for shifting of CG 3030011975 dated 16.01.2014 Soft Link – Automatic bobbin sorting system for automatic winders- crate manager= 1No., Sort Link – automatic bobbin sorting system for authomatic winder – trolley system = 1 No. along with all standard accessories and spares. Anant Spinning Mills, mandideep
Arisht Spinning Mills, Baddi 3030011816 dated 12.11.2013 Soft Link – Automatic bobbin sorting system for automatic winders- with crate manager alongwith all standard accessories = 2 Nos.

Auro Spinning Mills, Baddi Arisht Spinning Mills , Baddi

  However, party should submit installation certificate to RA concerned within 6 months.

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