DGFT Minutes

MINUTES OF EPCG COMMITTEE MEETING HELD UNDER THE CHAIRMANSHIP OF SHRI JAIKANT SINGH, ADDITIONAL DIRECTOR GENERAL OF FOREIGN TRADE AT 1430 Hours ON 22.01.2015

Following officers attended the meeting:

a. Shri Akash Taneja, Joint Director General of Foreign Trade, DGFT b. Shri D.K. Gupta, Director (DBK), Department of Revenue c. Shri G. S. Bains, Technical Officer (DBK), Department of Revenue

II. Minutes of the last Meeting held on 17.12.2014 were confirmed.

III. The Committee deliberated upon all the cases and following decisions were taken:

Sl. No. Party’s Name and Numbers EPCG Authorisati on No.
Subject Decision of the case 1. M/s Adi Automotives Pvt. Ltd., Gurgaon

01/36/218/133/A M-15/EPCG-I 0530142617 dated 13.12.2006 Condonation of block-wise EO(first block) The Committee observed that the party has fulfilled 100% 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 fulfillment of block-wise EO, as the party could not apply to RA within the prescribed period of 3 months from date of expiry of 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.
2. M/s Jiwan Polycot, Haridwar

01/36/218/164/A M-15/EPCG-I 0530141250 dated 08.06.2006 Condonation of block-wise EO and extension in EOP for 2 years party has not made any exports during the original EOP.

t, Haridwar

01/36/218/164/A M-15/EPCG-I 0530141250 dated 08.06.2006 Condonation of block-wise EO and extension in EOP for 2 years party has not made any exports during the original EOP. However, the party in their representation have furnished copies of export orders for exports to Nairobi, Kenya and are confident to fulfil the EO within the extended time period.

The Committee, after due deliberation, 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, as the party could not apply to RA
within the prescribed period of 3 months from date of expiry of the first block, subject to payment of 2% composition fee 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; and

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

shortfall at the end of each block in terms of the provisions of Para 5.8.2 of HBP v1; 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, for each year of extension sought in terms of provisions contained in Para 5.11(a) of HBP Vol. I. as the party could not apply to RA within the prescribed period of 30 days from date of expiry of original EOP. 3. M/s Emke Foot Care Products, Kerala

01/36/218/196/A M-14/EPCG-I 1030001042 dated 08.12.2006 Extension in EOP for 2 years party have fulfilled 49% of EO during the EOP. The Committee noted that the party could not apply to RA within the prescribed period of 30 days from date of expiry of original EOP and therefore, decided to recommend to DG for relaxation under Para 2.5 of FTP to allow 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, for each year of extension sought in terms of provisions contained in Para 5.11(a) of HBP Vol. I.

or an enhancement in EO imposed to the extent of 10% of total EO at the choice of exporter, for each year of extension sought in terms of provisions contained in Para 5.11(a) of HBP Vol. I.

M/s Hindustan Aeronautics Limited, Bangalore

01/36/218/104/A M-15/EPCG-I 0730008994 dated 08.06.2010 Condonation of block-wise EO (first block) The Committee noted that the party has stated that they have not been able to fulfil the EO of the first block due to unforeseen circumstances and recession in the world economy. However, they have now got export orders. The Committee, after due deliberation, decided to recommend to DG for relaxation under Para 2.5 of FTP to allow condonation from condition of fulfilment of block- wise EO, as the party could not apply to RA within the prescribed period of 3 months from date of expiry of the first block, subject to payment of 2% composition fee 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.

M/s Amara Raja Batteries Limited, Chennai

01/36/218/74/AM- 15/EPCG-I 0430002989 dated 31.08.2005 0430002947 dated 18.08.2005 Condonation of block-wise EO
The Committee took into account the submission of the party that they could not fulfil the EO of the first block due to oversight in not mentioning the authorization numbers in the shipping bills.

has fulfilled 100% EO in both the authorizations during the second block of EOP.

f the first block due to oversight in not mentioning the authorization numbers in the shipping bills.

has fulfilled 100% EO in both the authorizations during the second block of EOP. Therefore, the Committee decided to recommend to DG for relaxation under Para 2.5 of FTP to allow condonation

from condition of fulfilment of block- wise EO, as the party could not apply to RA within the prescribed period of 3 months from date of expiry of 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.
6. M/s Kraftworks, Mysore

01/36/218/415/A M-15/EPCG-I 0730005245 dated 06.02.2007 Condonation of block-wise EO and extension in EOP The Committee noted the submission of the party that they could not make any exports during the original EOP due to global recession and that they have further stated that they now have confirmed exports orders from M/s Residency Resorts Male Pvt. Ltd. The Committee deliberated upon the case and decided to defer it with the direction to call for copies of confirmed export orders from the party. 7. M/s Aloke Textile Mill, Kolkata

01/36/218/69/AM- 15/EPCG-I 0230001421 dated 24.03.2006 Condonation of block-wise EO and extension in EOP for 1 year party has fulfilled the EO to the tune of 73.66% till the expiry of original EOP. They have now arranged to complete their balance 26% EO of said authorization in the extended EOP.

for 1 year party has fulfilled the EO to the tune of 73.66% till the expiry of original EOP. They have now arranged to complete their balance 26% EO of said authorization in the extended EOP. 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, as within the prescribed period of 3 months from date of expiry of the first block, subject to payment of 2% composition fee 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.
(b) extension in EOP for 1 year 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, for each year of extension sought in terms of provisions contained in Para 5.11(a) of HBP Vol. I. as the party could not apply to RA within the prescribed period of 30 days from date of expiry of original EOP. 8. M/s Glenmark Pharmaceuticals Limited, Mumbai

01/36/218/137/A M-13/EPCG-I 24 EPCG authorization s issued during the period of AM-08 to AM-11 Re-fixation of average export performance case and decided to defer it for seeking additional information.

EPCG-I 24 EPCG authorization s issued during the period of AM-08 to AM-11 Re-fixation of average export performance case and decided to defer it for seeking additional information.

M/s Jagadguru Textiles Limited, Guntur

01/36/218/137/A M-15/EPCG-I 0930002156 dated 13.04.2006 0930002157 dated 13.04.2006 0930002158 dated 13.04.2006 Condonation of block-wise EO and extension in EOP report from the concerned RA has not been received. Therefore, the Committee deliberated upon the case and decided to defer it with the direction to call for the report from the concerned RA.

M/s Goodwill Industries, Bangalore

01/36/218/30/AM- 15/EPCG-I 0730004112 dated 09.05.2006 Extension in EOP for 2 years The Committee noted that the request of the party for condonation of block-wise EO and inclusion of alternate products was placed before EPCG Committee on 19.11.2014.

party has fulfilled approximately 45% EO during the original EOP. The Committee deliberated upon the case and decided to recommend to DG for relaxation under Para 2.5 of FTP to allow 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, for each year of extension sought in terms of provisions contained in Para 5.11(a) of HBP Vol. I. as the party could not apply to RA within the prescribed period of 30 days from date of expiry of original EOP.

tension sought in terms of provisions contained in Para 5.11(a) of HBP Vol. I. as the party could not apply to RA within the prescribed period of 30 days from date of expiry of original EOP.

M/s Kalpana Bonsala & Company, Chennai

01/36/218/42/AM- 15/EPCG-I 0430003802 dated 13.06.2006 Condonation of block-wise EO, extension in EOP and amendment of export product. has not made any export during the original EOP. The Committee, therefore, decided to defer the case with the direction to RA to call for copies of confirmed export orders from the party.

M/s Century Pulp and Paper, Kolkata

01/36/218/109/A M-15/EPCG-I 0230001364 dated 24.02.2006 Condonation of block-wise EO and extension in EOP has fulfilled the EO to the tune of 62.74% till the expiry of original EOP. But could not complete their overall EO within the time period.

party has already submitted the 2% composition fee of duty saved amount for unfulfilled EO to RA, Kolkata. 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, as within the prescribed period of 3 months from date of expiry of the first block, subject to

er Para 2.5 of FTP to allow:

(a) condonation from condition of fulfillment of block-wise EO, as within the prescribed period of 3 months from date of expiry of the first block, subject to

payment of 2% composition fee 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. 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, for each year of extension sought in terms of provisions contained in

Para 5.11(a) of HBP Vol. I. as

within the prescribed period of 30 days from date of expiry of original EOP.

M/s Ambadi Enterprises Limited, Chennai

01/36/218/274/A M-14/EPCG-I 0430005982 dated 26.03.2008 Condonation of delay in submission of installation certificate and shifting of capital goods 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 IEC. The Committee, therefore, decided to grant post- facto permission to shift the capital goods from their unit located at Ch(E) – 16-335, Chovva P.O. Cannanore, Kerala – 670 006 to their new factory located at Door No. ELP – XI/674, Thottada, Opp. Dharmapuri Housing Colony, Avera, Kannur -670 007, Kerala.

The Committee also observed that the party is a textile industry and not registered with Central Excise, hence it is not required to furnish certificate from Central Excise for Installation of Capital Goods. The party have already furnished installation certificate issued by Chartered Engineer at their new location. The Committee, therefore, decided to recommend to DG for relaxation under Para 2.5 of FTP to condone the delay in installation of capital goods, as the delay is beyond the 18 months from the date of completion of import as per para 5.3.1(a) of FTP.

r relaxation under Para 2.5 of FTP to condone the delay in installation of capital goods, as the delay is beyond the 18 months from the date of completion of import as per para 5.3.1(a) of FTP.

M/s Senbagam Textiles and Spinners, Madurai

01/37/218/137/A M-15/EPCG-II 3530001690 dated 24.04.2006 Condonation of block-wise EO and extension in EOP has not made any export during the original EOP. The Committee, therefore, decided to defer the case with the direction to RA to call for copies of confirmed export orders from the party. 15. M/s Reliance Industries Limited, 0330035744 dated Re-validation of EPCG authorization authorization was valid up to

Mumbai

01/37/218/174/A M-15/EPCG-II 10.05.2013 30.11.2014. The Committee further observed that the capital goods could not be supplied to the party by Larsen & Toubro ltd. due to labour strike in the workshop of M/s Larsen & Toubro ltd. The Committee decided to defer the case with the directions that the party be asked to provide a certificate from the Labour Commissioner for the period of strike (in English). 16. M/s Tata Steel Limited, Mumbai

01/37/218/255/A M-14/EPCG-II Applied for Issuance of EPCG authorization for import of excavator model Ex 1200. case and decided to defer it with the direction to obtain evidence relating to nexus from the party.

M/s Rajshree Marbles Pvt.

PCG authorization for import of excavator model Ex 1200. case and decided to defer it with the direction to obtain evidence relating to nexus from the party.

M/s Rajshree Marbles Pvt. Ltd., Jaipur

01/37/218/115/A M-15/EPCG-II 1330001527 dated 20.02.2007 Condonation of block-wise EO and extension in EOP has not made any export during the original EOP, due to unavailability of export orders. The Committee noted that the party has given details of fresh export orders obtained by them and are confident to fulfil the EO within the extended time period. The Committee, after due deliberation, 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, as within the prescribed period of 3 months from date of expiry of the first block, subject to payment of 2% composition fee 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. 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, for each year of extension sought in terms of provisions contained in

Para 5.11(a) of HBP Vol. I. as

within the prescribed period of 30 days from date of expiry of original EOP.

M/s Titan Company Limited, Bangalore

01/37/218/120/A M-15/EPCG-II 0730011584 dated 30.08.2012 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 have been shifted are incorporated in IEC. The party has also produced copy of Installation Certificate conpartying installation at

the former unit.

The Committee, therefore, decided to grant permission to shift the capital goods from their unit located at Krishnagiri, Tamilnadu to other factory located at Coimbatore, Tamilnadu. The party would give fresh Installation Certificate conpartying installation at the new unit within six months of shifting of capital goods. 19. M/s T. International

01/37/218/225/A M-14/EPCG-II 0530141874 dated 04.09.2006 Shifting of capital goods and inclusion of name of supporting manufacturer. party has shifted their capital goods from the unit of M/s Colossus Clothing Pvt. Ltd., 412, Sector – 37, Pace City, Gurgaon (supporting manufacturer), which has been closed, to the unit of their New supporting manufacturer M/s Kalamgiri Designs Pvt. Ltd., 280, Udyog Vihar, Phase –II, Gurgaon – 122 016 and obtained installation certificate from Chartered Engineer.

to the unit of their New supporting manufacturer M/s Kalamgiri Designs Pvt. Ltd., 280, Udyog Vihar, Phase –II, Gurgaon – 122 016 and obtained installation certificate from Chartered Engineer. The Committee, therefore, decided to regularize the installation of capital goods and allow inclusion of name of new supporting manufacturer. The party would give Installation Certificate confirmed installation of capital goods at the premises of the new supporting manufacturer. 20.

M/s TVS Motor Company Limited, Bangalore

01/37/218/77/AM- 15/EPCG-II 0730005791 dated 04.07.2007 Condonation of procedural lapse of not mentioning name of supporting manufacturer and condonation of delay in submission of installation certificate The Committee observed that:

a. The party has obtained the authorization for imports of tools at their factory premises Hosur and
supporting manufacturers i.e. M/s JBM Auto Limited, Nasik and M/s Mahindra Ugine Steel Co. Ltd., Pune; b. In view of capacity constraint the tools could not be installed at M/s JBM Auto
Ltd. Nasik

and were installed in JBM MA Automative private Ltd. C- 1/2 MIDC, Chakan, Talegaon Road, Chakan, Pune – 410 501; which was not included as a ‘supporting manufacturer’ in the EPCG authorization because it was not known to the party at the time of obtaining EPCG authorization; c. The EO has been completed during 2009-10.

ded as a ‘supporting manufacturer’ in the EPCG authorization because it was not known to the party at the time of obtaining EPCG authorization; c. The EO has been completed during 2009-10.

The Committee, therefore, decided to recommend to DG for relaxation under Para 2.5 of FTP to allow condonation of procedural lapse of

not mentioning the name of supporting manufacturer on the EPCG authorization prior to installation of capital goods and condonation of delay in submission of installation certificate, as the delay is beyond the 18 months from the date of completion of import as per para 5.3.1(a) of FTP. EODC will be issued by RA only after the party submits the fresh installation certificate from central excise. And name of supporting manufacturer is endorsed on the authorization.

M/s Ultimate Flexipack Limited, New Delhi

01/37/218/178/A M-15/EPCG-II Applied for Clarification regarding issuance of EPCG authorization for import of Diesel Rotary (UPS) The Committee deliberated upon the case and decided to defer it due to absence of technical member of the Department of Heavy Industry.

M/s Rajalakshmi Spinners Pvt. Ltd., Tamil Nadu

01/37/218/176/A M-15/EPCG-II 3530002678 dated 14.06.2007 Condonation of block-wise EO (first block) has fulfilled 92.23% of EO during the original EOP.

Spinners Pvt. Ltd., Tamil Nadu

01/37/218/176/A M-15/EPCG-II 3530002678 dated 14.06.2007 Condonation of block-wise EO (first block) has fulfilled 92.23% of EO during the original EOP. The Committee 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, as the party could not apply to RA within the prescribed period of 3 months from date of expiry of the first block, subject to payment of 2% composition fee 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., and verification by RA in respect of EO fulfilment status by the party.

M/s Tan Prints (India) Pvt. Ltd., New Delhi

01/37/218/162/A M-15/EPCG-II 0530157344 dated 04.01.2012 0530157425 dated 17.01.2012 Condonation of block-wise EO (first block) report from RA is only in respect of one authorization No. i.e. 0530141033 dated 15.05.2006 (original authorization, which is stated to have been lost) and report in respect of second authorization is not received till date. The Committee deliberated upon the case and decided to defer it with the direction to call for a detailed report from concerned RA in respect of both the authorizations.

received till date. The Committee deliberated upon the case and decided to defer it with the direction to call for a detailed report from concerned RA in respect of both the authorizations.

M/s Sri Parameswari Spinning Mills (P) Limited, Virudhunagar

3530003183 dated 28.03.2008 3530003117 dated 19.02.2008 Condonation of non-fulfilment of block-wise EO has stated that they have not made any export during the first block period in respect of both the authorizations due to severe recession in the International market.

01/37/218/177/A M-15/EPCG-II The party has further stated that their exports are picking up and have gone up from Rs. 3.09 crores to Rs. 16 crores in 2013-14. The Committee deliberated upon the case and decided to defer it with the direction to call for a copy of CA certificate for exports claimed to have been made by the party.

M/s Ind Synergy Limited, Raipur

01/36/218/162/A M-15/EPCG-I 0330017266 dated 28.08.2007 Deletion of AEO and condonation of block-wise EO Representative of DoR informed that they propose to examine the request for deletion of AEO at their end. The Committee deliberated upon the case and decided to defer it with the direction to also call for a report from the concerned RA in respect of request regarding block-wise EO.

M/s Montage Enterprises Pvt.

upon the case and decided to defer it with the direction to also call for a report from the concerned RA in respect of request regarding block-wise EO.

M/s Montage Enterprises Pvt. Ltd., New Delhi

18/107/AM-15/P-5 Applied for Clarification regarding issuance of EPCG authorization for import of Diesel Rotary (UPS) case and decided to defer it due to absence of technical member of the Department of Heavy Industry. 27. M/s Jayavelu Spinning Mills Pvt. Ltd., Tamil Nadu

01/36/218/175/A M-15/EPCG-I 3530002428 dated 02.03.2007 3530002623 dated 16.05.2007 3530003116 dated 19.02.2008 Condonation of block-wise EO and extension in EOP Representative of the DOR stated that they need to call for a report from DRI in the matter before furnishing their comments. The Committee, therefore, decided to defer the case. Representatives of DOR were requested to send their comments before the next meeting of EPCG Committee.

M/s ITC Limited, Chennai

01/36/218/139/A M-15/EPCG-I 0430010293 dated 16.09.2011
0430010326 dated 22.09.2011
0430010726 dated 10.01.2012
0430010734 dated 11.02.2012
0430011064 dated 30.03.2012 Partial deletion of average EO imposed on the 5 EPCG authorizations in relaxation of para 2.5 of the FTP. Representative of the DOR stated that they need to call for a report from Chief Commissioner of Customs, Chennai in the matter before furnishing their comments. The Committee, therefore, decided to defer the case.

ed that they need to call for a report from Chief Commissioner of Customs, Chennai in the matter before furnishing their comments. The Committee, therefore, decided to defer the case. Representatives of DOR were requested to send their comments before the next meeting of EPCG Committee. 29. M/s Kirby Building Systems India (Uttaranchal) Pvt. Ltd., Haridwar

01/36/218/81/AM- 14/EPCG-I 9 EPCG authorization s issued during the period of AM-06 Condonation of procedural lapse of mentioning of multiple EPCG authorization Nos. on bills of exports case and decided to recommend to DG for relaxation under Para 2.5 of FTP to condone the procedural lapse of mentioning multiple EPCG authorization numbers on the bills of exports subject to the condition that there is no double counting of exports/Shipping Bills, no free shipping bills will be counted, shipping bills pertaining to a particular RA would be considered by that RA itself and not by other RA, adjustment

ting of exports/Shipping Bills, no free shipping bills will be counted, shipping bills pertaining to a particular RA would be considered by that RA itself and not by other RA, adjustment

of excess exports is done in respect of entire shipment under a shipping bill & not a part of it and clubbing of authorizations will not be allowed. The Committee further recommended imposition of a composition fee of Rs. 200/- on each such shipping bill where more than one EPCG authorization number has been endorsed and which are being counted for fulfilment of EO.

M/s Axa Parenterals Limited, Haridwar

01/36/218/83/AM- 15/EPCG-I 0530140395 dated 07.02.2006 0530140997 dated 05.05.2006 0530141425 dated 06.07.2006 0530141445 dated 07.07.2006 0530144569 dated 13.09.2007 0530144080 dated 10.07.2007 0530143112 dated 22.02.2007 Condonation of block-wise EO, extension in EOP for 2 years and condonation of delay in submission of installation certificates. The Committee noted that the case was deferred in the last meeting of the EPCG Committee held on 17.12.2014 as the party had not submitted installation certificates for the capital goods imported against the authorization. The Committee was informed that the party has now submitted installation certificate from the Central Excise. The Committee observed that the party has stated that they have fulfilled part export obligation against 4 authorizations.

rty has now submitted installation certificate from the Central Excise. The Committee observed that the party has stated that they have fulfilled part export obligation against 4 authorizations. The Committee, therefore, 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, as within the prescribed period of 3 months from date of expiry of the first block, 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.
(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, for each year of extension sought in terms of provisions contained in

Para 5.11(a) of HBP Vol. I. as

within the prescribed period of 30 days from date of expiry of original EOP. (c) condonation of delay in installation of capital goods, as the delay is beyond the 18 months from the date of completion of import as per

para 5.3.1(a) of FTP.

The above will be subject to

verification of EO fulfilment status by RA.

M/s Baramati Agro Limited, Maharashtra

01/36/218/130/A M-15/EPCG-I 0330032517 dated 27.04.2012 0330032573 dated 03.05.2012 0330032574 dated 03.05.2012 Permission for exports of other goods to fulfil up to 50% of the EO from date of issuance of authorization. The Committee observed that there was a provision to fulfil 50% EO as per para 5.5(c) of FTP by export of alternate product at the time of issuance of authorization. The Committee, therefore, decided to allow endorsement of alternate product viz. ‘sugar’ by RA. The party would also maintain average export obligation for the alternate product as may be fixed by RA. 32. M/s Magnum Solutions Pvt. Ltd., New Delhi

18/101/AM-15/P-5 0530144706 dated 04.10.2007 Condonation of block-wise EO (first block) has not made any export during the first block period. However, now the party has stated that they have located a third party exporter through whom they will complete the EO.

case and decided to recommend to DG for relaxation under Para 2.5 of FTP to allow condonation from condition of fulfilment of block-wise EO, as the party could not apply to RA within the prescribed period of 3 months from date of expiry of 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.

of 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.

M/s Brain N Beyond Biotech Pvt. Ltd., Bangalore

01/36/218/389/A M-14/EPCG-I 0730002752 dated 01.04.2005 0730002854 dated 09.05.2005 0730003183 dated 22.08.2005 0730004055 dated 24.04.2006 Change of export product and installation address
The Committee observed that there was a provision to fulfil 100% EO as per para 5.4(i) of FTP by exports of alternate product at the time of issuance of authorization. The Committee, therefore, decided to recommend to DG to allow counting of exports of alternate products viz. ‘Green Coffee Bean Extract’ instead of original export product as per authorization i.e. ‘Cosmetics, Vitamins & Cosmetics’. The party would however maintain average export obligation for items viz. ‘Green Coffee Bean Extract’ as may be fixed by RA.

The Committee also observed that the imported capital goods have been shifted from their factory located at Plot No. 95 A, Belagola Industrial Area, Mysore to their new factory located at Plot No. 23/4, Venkatala, Yelahanka, Bangalore – 560 064 as the expert and technical staff for manufacture their new Nutraceutical product is easily available in Bangalore. The party has already

No. 23/4, Venkatala, Yelahanka, Bangalore – 560 064 as the expert and technical staff for manufacture their new Nutraceutical product is easily available in Bangalore. The party has already

obtained installation certificate from Chartered Engineer and both the addresses are included in IEC and RCMC. The Committee deliberated upon the case and decided to regularize the installation of capital goods.

M/s Jubilant Life Sciences Limited, Noida

01/36/218/161/A M-15/EPCG-I 27 EPCG authorization s issued during the period of AM-06 to AM-08 Allowing EO fulfilment by export of alternate products party has submitted that they have fulfilled the entire EO through export of alternate product. The Committee noted that there was a provision to fulfil 100% EO as per para 5.4(i) of FTP by exports of alternate product manufactured by them, at the time of issuance of authorizations. The Committee, therefore, decided to allow counting of exports of alternate products viz. ‘drug formulation’ for EO fulfilment. The party would however maintain average export obligation for items viz. ‘drug formulations’ as may be fixed by RA. 35. M/s LG Electronics India Pvt.

‘drug formulation’ for EO fulfilment. The party would however maintain average export obligation for items viz. ‘drug formulations’ as may be fixed by RA. 35. M/s LG Electronics India Pvt. Ltd., Noida

01/36/218/140/A M-15/EPCG-I 28 EPCG authorization s issued during the period of AM-05 to AM-11 Acceptance of installation certificate issued by independent chartered engineer instead of Central Excise authority Representative of the DOR opined that the correspondence made by the party with Central Excise Authority may be obtained from the party. The Committee deliberated upon the case and decided to defer the case.
36. M/s Aruppukottai Sri Jayavilas Limited, Tamil Nadu

01/36/218/176/A M-15/EPCG-I 3530002318 dated 19.01.2007
3530002438 dated 08.03.2007
3530002561 dated 11.04.2007
3530002562 dated 11.04.2007 3530002597 dated 27.04.2007
3530002783 dated 27.07.2007 Condonation of block-wise EO, extension in EOP and condonation of maintenance of annual average EO The Committee took into account the party’s submission that they could not fulfil the block-wise EO due to lack of skilled labours & technicians, non- availability of raw material, fluctuation in cotton prices & foreign exchange rate & power problem. The party has submitted that they now have export orders and are in a position to fulfil EO including average EO. The Committee deliberated upon the case and decided to defer it with the direction to call for copies of confirmed export orders.

are in a position to fulfil EO including average EO. The Committee deliberated upon the case and decided to defer it with the direction to call for copies of confirmed export orders. 37. M/s Luminous Power Technologies Pvt. Ltd., New Delhi

01/36/218/70/AM- 15/EPCG-I 0530153715 dated 13.10.2010 0530149192 dated 18.06.2009 Shifting of capital goods 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 IEC and RCMC. The company has also produced copies of Installation Certificate from Central Excise conpartying installation of capital goods in the new address. The capital goods have been shifted from:

i) village Ram Nagar, Gagret, Distt.

Una, H.P. & village Malpur, Baddi, distt. Solan, H.P. to their unit located at Plot No. 3 & 3A & 4, Gagret, Industrial Area, Distt. Una, H.P.in respect of EPCG authorization No. 0530149192 dated 18.06.2009; and

(ii) Plot No. 3 & 3A & 4, Gagret, Industrial Area, Distt. Una, H.P. to unit located at village Malpur, Baddi, distt. Solan, H.P. in respect of EPCG authorization No. 0530153715 dated 13.10.2010.

case and decided to regularize the shifting of capital goods.

M/s Indian Optics Pvt.Ltd., New Delhi

01/36/218/135/A M-15/EPCG-I 0530142020 dated 25.09.2006 0530142021 dated 25.09.2006 Condonation of block-wise EO and extension in EOP party has not made any export till date.

ew Delhi

01/36/218/135/A M-15/EPCG-I 0530142020 dated 25.09.2006 0530142021 dated 25.09.2006 Condonation of block-wise EO and extension in EOP party has not made any export till date. The Committee, therefore, decided to defer it with the direction to obtain copies of confirmed export orders, reasons for non-fulfilment of block-wise EO and installation certificate from Central Excise. 39. M/s Rajarathnam Matches (India) Pvt. Ltd., Sivakasi

01/37/218/155/A M-15/EPCG-II 3530003045 dated 31.12.2007 3530003123 dated 22.02.2008 3530003962 dated 13.03.2010 Condonation of block-wise EO (first block) and delay in installation of capital goods The Committee noted that the case was deferred in the last meeting held on 17.12.2014 with directions to call for a report from concerned RA as to whether the investigations were initiated by DRI after installation or prior to installation of capital goods.

Representative of the DOR reiterated the recommendation of DRI that the request for condonation of block-wise EO may be taken up only after completion of investigation by DRI.

The Committee was informed that the report from RA Madurai has been received and RA has confirmed as per the installation certificate issued by central excise, date of installation of capital goods is 20.1.2014 while investigations have been initiated by DRI on 17.10.2014.

The representative of DoR stated that the above facts will be confirmed from DRI. The Committee, therefore, decided to defer the case.

estigations have been initiated by DRI on 17.10.2014.

The representative of DoR stated that the above facts will be confirmed from DRI. The Committee, therefore, decided to defer the case. Representative of DOR was requested to send their comments before the next meeting of EPCG Committee.

M/s Rainbow Denim Limited, Mumbai

01/37/218/65/AM- 14/EPCG-II 0003501092 dated 13.01.1999 Removal of 20% additional EO imposed in terms of

Para 5.11(a) of HBP

v1.
was granted EOP extension for 12 years from 2007 on the basis of sanction of BIFR scheme on 22.1.2013 by the EPCG Committee in its meeting held on 24.7.2013.

The party has represented that they were already granted first EOP extension for two years i.e. upto 12.1.2009 prior to sanction of the BIFR scheme subject to enhancement of 10% EO for each year of extension in terms of para 5.11 of HBP v1.

The party therefore requested that the condition of 20% additional EO imposed by RA, for grant of first EOP extension of 2 years prior to sanction of BIFR package, may be removed.

case. Representative of the DOR suggested that it will not be prudent to remove 20% additional EO imposed earlier. The Committee therefore decided that the party may be given extension in EOP as per sanctioned BIFR scheme i.e. for a period of 12 years from the date of sanction of scheme i.e. upto 12.1.2025. The party will however need to fulfil 20% additional EO imposed by RA in terms of Para 5.11(a) of HBP v1.

M/s Shirpur Gold Refinery Limited, Mumbai

18/49/AM- 12/EPCG-II 0330000677 dated 06.11.2000 Extension in EOP for 1 year on the grounds of RBI restrictions on import of Gold Dore. case and decided to defer for calling additional details from RA.
42. M/s Printers Den, Hyderabad

01/37/218/110/A M-15/EPCG-II 0930002159 dated 18.04.2006 Condonation of non-fulfilment of block-wise EO party has fulfilled 100% EO during the second block of EOP.

inters Den, Hyderabad

01/37/218/110/A M-15/EPCG-II 0930002159 dated 18.04.2006 Condonation of non-fulfilment of block-wise EO party has fulfilled 100% EO during the second block of EOP. Therefore, the Committee decided to recommend to DG for relaxation under Para 2.5 of FTP to allow condonation from condition of fulfilment of block-wise EO, as the party could not apply to RA within the prescribed period of 3 months from date of expiry of 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.

M/s Berkeley Infra Projects Pvt. Ltd., Mumbai

01/36/218/127/A M-14/EPCG-I 0330023532 dated 04.08.2009 Extension in time for installation of capital goods Representative of the DOR stated that they need to call for a report from the concerned customs authority in the matter before furnishing their comments. The Committee, therefore, decided to defer the case. Representative of DOR was requested to send their comments before the next meeting of EPCG Committee.

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furnishing their comments. The Committee, therefore, decided to defer the case. Representative of DOR was requested to send their comments before the next meeting of EPCG Committee.

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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