IN FORCE EPCG Committee EPCG 2015-05-25

DGFT Committee Minutes

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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 25.05.2015

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 V.K. Kohli, Director, O/o Textile Commissioner d. Shri B.C. Nayak, Development Officer, D/o Heavy Industry

II. Minutes of the last Meeting held on 27.04.2015 were confirmed.

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

Sl. No. Firm’s Name and Numbers EPCG Authorisati on No.
Subject Decision of the committee 1. M/s Shivom Cotspin Limited, Himachal Pradesh

01/37/218/243/ AM-15/EPCG-II 2230000475 dated 21.11.2006 Condonation of block-wise EO
The Committee took into account the submission of the party that delay in fulfilment of EO was due to slow down demand in export market.

The Committee noted that the party has not made any export in 1st block; however they have completed their EO within time period.

The Committee deliberated upon the case and decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow condonation from condition of fulfillment of block- wise EO, as the party could not apply to RA within the prescribed time period.

end to DG for relaxation under Para 2.58 of FTP 2015-20 to allow condonation from condition of fulfillment of block- wise EO, as the party could not apply to RA within the prescribed time period. This would be 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 2009-14/ Para 5.14 (c) of HBP 2015-20.

This has the approval of DG.
2. M/s Varrsana Ispat Limited, New Delhi

01/37/218/237/ AM-15/EPCG-II 0530139721 dated 17.10.2005 Condonation of delay in installation of capital goods
The Committee noted that the party has completed their EO within time period.

The Committee observed that as per letter dated 14.5.2008 of Central Excise Authority the capital goods imported against the subject EPCG Authorization are installed in the factory premises within the specified time.

The Committee, therefore, decided to defer the case as it was not clear why the party is seeking condonation of delay in installation of Capital Goods

ory premises within the specified time.

The Committee, therefore, decided to defer the case as it was not clear why the party is seeking condonation of delay in installation of Capital Goods

with direction to call for a report from the RA concerned.
3. M/s PPM Precision Engineering, Chennai 01/37/218/87/A M-15/EPCG-II 0430003717 dated 12.05.2006 Condonation of block-wise EO and extension in EOP for 2 years The Committee noted that the party has fulfilled 62.98% EO. The Committee,
deliberated upon the case and decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow:

(a) condonation from condition of fulfillment of block-wise EO, as the party could not apply to RA within the prescribed time period. This would be 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 2009-14/ Para 5.14 (c) of HBP 2015-20; 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. 2009-14/

Para 5.17 (b) of HBP 2015-20, as

the party could not apply to RA within the prescribed time period.

M/s Shibs Accurate Manufacturing Solutions Pvt. Ltd., Mangalore

01/37/218/179/ AM-15/EPCG-II 0730009823 dated 31.01.2011 Permission for fulfillment of EO through Supporting manufacturer. Permission for installation of capital goods in the premises of supporting manufacturer. submission of the party that they could not install capital goods due to the delay in setting up of their factory and that now they have entered into an agreement with M/s Shagil precision India Pvt. Ltd, Mangalore by virtue of which the latter has agreed to act as supporting manufacturer. The licensee has now sought permission for installation of capital goods in the premises of supporting manufacturer M/s Shagil precision India Pvt. Ltd, Door No.2-331/1, Nithyananda Nagar, Derlakatte, Mangalore-575018.

The Committee, deliberated upon the case and decided to permit shifting and
to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow fulfilment of export obligation

The Committee, deliberated upon the case and decided to permit shifting and
to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow fulfilment of export obligation

through supporting manufacturer and condonation of delay in installation of capital goods subject to payment of composition fee of Rs.5000/-.

In case of third party export, provisions of Para 5.10(d) of HBP-2015- 20 will be applicable.

M/s Rajhans Enterprises, Bangalore

01/37/218/67/A M-15/EPCG-II 0730005239 dated 06.02.2007 Condonation of block-wise EO The Committee noted that the party has fulfilled 56% EO. The Committee,
deliberated upon the case and decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow condonation from condition of fulfillment of block-wise EO, as the party could not apply to RA within the prescribed time period. This would be 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 2009-14/ Para 5.14 (c) of HBP 2015-20.

M/s Omniplast Pvt. Ltd., New Delhi

01/37/218/21/A M-15/EPCG-II 0530153785 dated 22.10.2010 Post facto approval for shifting of capital goods submission of the party that they shifted the capital goods to another unit at 502, Food Park, HSIDC Industrial Estate, Rai, Disstt. Sonepat and the same is endorsed in IEC. The company has already obtained installation certificate from Central Excise.

o another unit at 502, Food Park, HSIDC Industrial Estate, Rai, Disstt. Sonepat and the same is endorsed in IEC. The company has already obtained installation certificate from Central Excise.

The Committee, therefore, decided to regularize shifting of the capital goods from their Plot No.2, Road No.2, Mundka, Udyog Vihar, New Delhi to another unit at 502, Food Park, HSIDC Industrial Estate, Rai, Disstt. Sonepat.
The regularization is subject to payment of composition fee of Rs. 5000/-.

M/s Thanga Prataph Spinning Mills (P) Ltd., Tamilnadu

01/37/218/184/ AM-15/EPCG-II 3530002706 dated 27.06.2007 Condonation of block-wise (1st block) submission of the party that they completed only 25% of EO in the 1st block due to severe recession in the international market.

The Committee, deliberated upon the of FTP 2015-20 to allow condonation from condition of fulfillment of block-

wise EO, as the party could not apply to RA within the prescribed time period. This would be 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 2009-14/ Para 5.14 (c) of HBP 2015-20.

M/s Royal Tools India, Faridabad

01/37/218/221/ AM-15/EPCG-II 0530141895 dated 05.09.2006 Acceptance of ARE-3 for fulfillment of EO submission of the party for acceptance of ARE-3 without mentioning the authorization number for fulfilment of EO as they have completed 100% EO by supplying goods to EOU.

fulfillment of EO submission of the party for acceptance of ARE-3 without mentioning the authorization number for fulfilment of EO as they have completed 100% EO by supplying goods to EOU.

Representative of the DOR stated that they need to call for a report from Customs in the matter before furnishing their comments. The Committee, therefore, decided to defer the case. DOR was requested to send their comments before the next meeting of EPCG Committee.

M/s Shree Krishna Paper Mills & Industries Ltd., Jaipur

18/195/AM- 13/EPCG-II 0530136980 dated 13.09.2004 Second extension in EOP for 2 years (i.e. upto 12.09.2016) and condonation of maintaining annual average export.
submission of the party that they have made exports up to 85% of the total EO on extended EO period i.e. upto 12.9.2014.

The Committee, deliberated upon the of FTP 2015-20 to allow second EOP extension for 2 year with the condition that 50% of duty payable in proportion to the unfulfilled export obligation by authorization holder to Custom authorities before an endorsement of extension is made on EPCG authorization by RA concerned in terms of provisions contained in Para 5.11(b) of HBP Vol. I. 2009-14, as the party could not apply to RA within the prescribed time period. This has the approval of DG.

The request for condonation from maintenance of Average EO was not agreed to.

l. I. 2009-14, as the party could not apply to RA within the prescribed time period. This has the approval of DG.

The request for condonation from maintenance of Average EO was not agreed to. 10. M/s Positive Packaging Industries Limited, Navi Mumbai 0330034415 dated 05.12.2012 0330036184 dated i) Transfer of ownership of capital goods and export obligation in Representative of the DOR stated that they need to call for a report from Customs in the matter before furnishing their comments. The Committee, therefore, decided to defer the case.

01/37/218/125/ AM-15/EPCG-II 25.06.2013 0330034299 dated 20.11.2012 respect of EPCG authorization No. 0330034299 dated 20.11.2012 from M/s Positive Packaging Industries Ltd., to M/s Renewsys India Pvt. Ltd., on the basis of de- merger of the company; and

ii)Shifting of capital goods in respect of EPCG authorization Nos. 0330034415 dated 05.12.2012 (All items) and 0330036184 dated 25.06.2013 (items No. 1, Tuning & Polishing Machine) on the basis of de- merger of the company.
DOR was requested to send their comments before the next meeting of EPCG Committee. 11. M/s Shree Gokulam Hotel (India) Pvt. Ltd., Chennai

01/37/218/18/A M-16/EPCG-II 0430000129 dated 30.06.2000 Condonation of block-wise EO
submission of the party that they have completed export obligation within EOP.
However, they could not fulfiled export obligation of the second block period (out of four blocks).

block-wise EO
submission of the party that they have completed export obligation within EOP.
However, they could not fulfiled export obligation of the second block period (out of four blocks).

The Committee deliberated upon the of FTP 2015-20 to allow condonation from condition of fulfillment of block- wise EO, as the party could not apply to RA within the prescribed time period. This would be 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 2009-14/ Para 5.14 (c) of HBP 2015-20.

M/s Rolta Power 0330039265 Permission for The Committee took into account the

Pvt. Ltd., Mumbai

01/37/218/26/A M-16/EPCG-II dated 14.07.2014 re-export of unfit capital goods and reduction in EO submission of the party that they have imported Capital Goods for manufacture of “Solar Generators System and Solar Photovoltaic Cell & module” and out of these, two CG’s are found unfit for use.

The Committee noted that Report from concerned RA is still awaited. The Committee, therefore, decided to defer the case.
13. M/s Vardhman Yarns and Threads Ltd., Ludhiana

01/37/218/02/A M-16/EPCG-II 3030013533 dated 30.01.2015 Transfer of imported 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.

served 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 already obtained installation certificate from Central Excise. The Committee, therefore, decided to allow shifting of the capital goods from their unit-IV located at Baddi, Disstt. Solan(HP) to their unit-II located in Ludhiana.No. 8, P. Kalinga Rao Road, Sampangi Rama Nagar, Bangalore.
14. M/s Tata Motors Limited

01/37/218/253/ AM-15/EPCG-II 0530149966 dated 01.10.2009 Change in the place of installation of some of the capital goods

submission of the party for change in place of installation of some of the capital goods at S.No.38-45 from the premises of supporting manufacturer i.e. M/s JBM MA automobile C- 1/2, MIDC, Chaken-Tlegaon Road, Pune to M/s Tata Motors Ltd., Pimpri, Pune. Therefore, the Committee decided to regularize the shifting of capital goods subject to payment of composition fee of Rs.5000/- and submission of fresh installation certificate from Central Excise.

M/s Vardhman Textiles Limited, Ludhiana

01/37/218/22/A M-16/EPCG-II 3030013467 dated 14.01.2015 i. Transfer of capital goods against EPCG authorization No. 3030013467 dt. 14.01.2015 from one unit to other unit. ii. Issuanc e of EPCG authorization for import of capital goods i.e. Electric Forklift Truck, Distribution Transformer, The Committee observed that both the addresses of the unit i.e.

ii. Issuanc e of EPCG authorization for import of capital goods i.e. Electric Forklift Truck, Distribution Transformer, 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 Committee, therefore, decided to allow shifting of the capital goods from their unit i.e. Äuro dyeing, Baddi” located at Baddi, Disstt. Solan(HP) to their other unit Auro Spinning Mills, located Baddi, Disstt. Solan(HP).

The Committee clarified that Electric Forklift Truck is allowed under EPCG provided the Capital Goods does not leave the factory premises. It should

APFC Panel and UPS System. also be not registered with the transport Department.

The committee directed that comments from concerned technical authority for issuance of EPCG authorization for import of capital goods i.e. Distribution Transformer, APFC Panel and UPS System may be obtained.
16. M/s Sri Sathu Mills (P) Ltd.

01/37/218/21/A M-16/EPCG-II 3530002225 dated 13.12.2006 3530002453 dated 15.03.2007 3530002658 dated 30.05.2007 3530002698 dated 26.06.2007 3530002712 dated 27.06.2006 3530003012 dated 13.12.2007 Condonation of non-fulfilment of block-wise EO The Committee noted that the party has not made any export in 1st block, however they have fulfilled entire EO in the 2nd block.

ed 13.12.2007 Condonation of non-fulfilment of block-wise EO The Committee noted that the party has not made any export in 1st block, however they have fulfilled entire EO in the 2nd block. The Committee deliberated upon the case and decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow condonation from condition of fulfillment of block-wise EO, as the party could not apply to RA within the prescribed time period. This would be 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 2009-14/ Para 5.14 (c) of HBP 2015-20.

M/s Inox Wind Limited, Noida

01/36/218/220/ AM-15/EPCG-I 2230001282 dated 28.01.2010 Condonation of block-wise EO
Representative of the DOR stated that they need to call for a report from Customs in the matter before furnishing their comments. The Committee, therefore, decided to defer the case. DOR was requested to send the comments before the next meeting of EPCG Committee.
18. M/s Champion Components Pvt. Ltd., New Delhi

01/36/218/224/ AM-14/EPCG-I 0530154818 dated 18.02.2011 i)Condonation for getting installation certificate from central excise authority.

ii)Allow shifting of capital goods.

Delhi

01/36/218/224/ AM-14/EPCG-I 0530154818 dated 18.02.2011 i)Condonation for getting installation certificate from central excise authority.

ii)Allow shifting of capital goods. The Committee took into account that
the submission of the party that they approached Central Excise Authority for installation certificate, but they denied to issue the certificate as the CG has now been shifted/installed in other location i.e. from Plot No.25, Sector 24, Faridabad to Plot No.49P, Sector-58, Faridabad which is not registered with Central Excise.

The Committee deliberated upon the of FTP 2015-20 to allow condonation from obtaining installation certificate from Central Excise Authority, subject to payment of composition fee of Rs. 5000/-. This has the approval of DG. 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 Committee, therefore, decided to allow shifting of the capital goods from their unit i.e. Plot No.25, Sector 24, Faridabad to Plot No.49P, Sector-58, Faridabad. 19. M/s Aksh Optifibre Limited, New Delhi

01/36/218/98/A M-14/EPCG-I 0530132068 dated 16.08.2001 Condonation of block-wise EO
submission of the party that they have fulfilled the entire EO and average EO on alternate product within the extended EOP for two years with 10% enhancement in specific export obligation.

ubmission of the party that they have fulfilled the entire EO and average EO on alternate product within the extended EOP for two years with 10% enhancement in specific export obligation.

The Committee deliberated upon the of FTP 2015-20 to allow condonation from condition of fulfillment of block- wise EO, as the party could not apply to RA within the prescribed time period. This would be 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 2009-14/ Para 5.14 (c) of HBP 2015-20.

M/s LGB Forge Limited, Coimbatore

01/36/218/360/ AM-14/EPCG-I 730001103 dated 27.06.2003 730001034 dated 22.05.2003 730001525 dated 19.01.2004 730001545 dated 30.01.2004 730001418 dated 05.12.2003 Review of the decision of the EPCG Committee.
submission of the party that the notification No.8/(RE-2013)/2009-2014, dated 22.04.2013 requires that an application for review is required to be filed with the concerned committee and only if the exporter continues to be aggrieved even after such review, then he can seek personal hearing with the DGFT.

The case was earlier rejected in the EPCG Committee meeting held on 27.02.2014 on the ground that the party should have got the authorization amended and they should have furnished a fresh BG/LUT. Also the onus of due diligence lay with M/s LG Balakrishnan before taking over the company as per High Court order.

the authorization amended and they should have furnished a fresh BG/LUT. Also the onus of due diligence lay with M/s LG Balakrishnan before taking over the company as per High Court order.

The Committee observed that there was nothing new in their fresh representation and decided to reject the appeal.

M/s Dynapro Motion Controls Pvt. Ltd., Nagpur

01/36/218/172/ AM-15/EPCG-I 0330012604 dated 18.07.2006 Waiver in obtaining installation certificate from central excise authorities. submission of the party that they have imported the Capital Goods and installed in their factory under intimation to Central Excise Authorities and did not request them to verify the installation and to issue installation certificate.

submission of the party that they had obtained the certificate from the independent Chartered Engineer for installation of capital goods and approached the Central Excise authorities but the authority did not issue the certificate since party had applied beyond the prescribed time limit.

The Committee also noticed that as per Central Excise Authority’s report the Capital Goods were in physical possession of the assesee. The Committee deliberated upon the case and decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow waiver from obtaining installation certificate from Central Excise Authorities.

M/s Lifestyle Texworks Pvt.

d to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow waiver from obtaining installation certificate from Central Excise Authorities.

M/s Lifestyle Texworks Pvt. Ltd., Gurgaon

01/36/218/213/ AM-15/EPCG-I 0530133169 dated 07.08.2002 0530141350 dated 19.06.2006 0530140204 dated 04.01.2006 Condonation of block-wise EO and extension in EOP for 2 years; and Extension in EOP up to 2016 against authorization no. 0530133169 dated 07.08.2002. The Director of the Company appeared before the Committee and stated that he is a NRI who had entrusted the management of the unit staff. He submitted that now he would monitor to the work personally and would be visiting India on a regular basis as he is going to set up another unit in view of PM’s assurance in Singapore.

submission of the party that they could not complete their EO within EOP as they have exported through third party and did not mention their authorization numbers on shipping bills. Committee noted that the party has given copies of third party export orders obtained by them and are confident to fulfil the EO within the extended time period.
The Committee deliberated upon the DG for relaxation under Para

s given copies of third party export orders obtained by them and are confident to fulfil the EO within the extended time period.
The Committee deliberated upon the DG for relaxation under Para

2.58 of FTP 2015-20 to allow; i. condonation from condition of fulfillment of block-wise EO, as the party could not apply to RA within the prescribed time period. This would be 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 2009-14/ Para 5.14 (c) of HBP 2015-20 in respect of authorizations No. 0530133169 dated 07.08.2002, 0530141350 dated 19.06.2006 and authorization No. 0530140204 dated 04.01.2006; ii. 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.

2009-14/ Para 5.17 (b) of HBP 2015-20, as the party could not apply to RA within the prescribed time period against above mentioned three authorizations. Third party exports made after 1.4.2015, if any, would be subject to conditions of Para 5.10(d) of HBP 2015-20. iii. Second extension in EOP up to 31st March 2016 in EPCG authorization No. 0530133169 dated 07.08.2002 with the condition that 50% of duty payable in proportion to the unfulfilled export obligation by authorization holder will be paid to Custom authorities before an endorsement of extension is made on EPCG authorization by RA concerned in terms of

provisions contained in Para 5.11(b) of HBP Vol. I. 2009-14, as the party could not apply to RA within the prescribed time period.

M/s Lloyd Electric & Engineering Limited

01/36/218/38/A M-14/EPCG-I 0530137615 dated 15.12.2004
0530137338 dated 03.11.2004
0530137089 dated 28.09.2004 0530140297 dated 16.01.2006
0530140179 dated 02.01.2006 Re-fixation of average EO. Extension in EOP for 1 year; and
Condonation of block-wise EO. submission of the party for re-fixation of annual average EO for export of Air Conditioners with deletion of other export products i.e. accessories.
Committee noted that the both the items i.e. accessories & Air-conditioners are endorsed as an export item in the subject authorizations and that the items are similar.

ts i.e. accessories.
Committee noted that the both the items i.e. accessories & Air-conditioners are endorsed as an export item in the subject authorizations and that the items are similar. The committee therefore decided the reject the request of the party for re-fixation of average EO.

submission of the party that they were able to complete the entire EO including the Average EO within total period of 9 years i.e. EOP (8 years) + one year extended EOP.

The Committee, deliberated upon the of FTP 2015-20 to allow:

(a) condonation from condition of fulfillment of block-wise EO, as the party could not apply to RA within the prescribed time period, 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 2009-14/ Para 5.14 (c) of HBP 2015-20; and (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. 2009-14/

Para 5.17 (b) of HBP 2015-20, as

the party could not apply to RA

within the prescribed time period.

M/s Hinduja Foundries Limited, Chennai

01/36/218/180/ AM-15/EPCG-I 0430004268 dated 30.10.2006
0430004290 dated 06.11.2006
0430004296 dated 08.11.2006 0430004325 dated 15.11.2006 Condonation of procedural lapse for non- mentioning the authorization no. in shipping bills.
The Committee observed that the party has already fulfilled 50% EO in three authorizations and not made any export against authorization No.0430004268 dated 31.10.2006. However the party had wrongly endorsed the authorization numbers in the shipping bills without following the first in first out method of authorizations obtained from JDGFT, Chennai. The Committee took into account the submission of the party that the party has given an affidavit/undertaking (as per Policy Circular No. 7/2002), duly certified by Chartered Accountant.

The Committee, deliberated upon the of FTP 2015-20 to condone procedural lapse of wrongly mentioning the EPCG authorization numbers on the shipping bills subject to the condition that:

i) There is no double counting of exports/Shipping Bills
ii) Free shipping bills, if any, would not be counted towards EO fulfilment. iii) Partial shipping bill will not be counted.

The Committee further recommended imposition of a composition fee of Rs. 200/- on each such shipping bill where the party had wrongly endorsed the authorization numbers in the shipping bills.

The Committee further recommended imposition of a composition fee of Rs. 200/- on each such shipping bill where the party had wrongly endorsed the authorization numbers in the shipping bills.

M/s Hindustan Syringes & Medical Devices Limited

01/36/218/225/ AM-14/EPCG-I 0530139025 dated 05.07.2005 Re-fixation of average EO The Committee noted that the case was considered in the EPCG Committee meeting held on 19.09.2014 and was deferred for further examination after obtaining details of Capital Goods imported under the EPCG authorizations and the ITC (HS) code of goods actually exported by the party.

submission of the documents furnished towards the details of Capital Goods imported under the EPCG authorizations

and the ITC (HS) code of goods actually exported by the party and decided to defer the case for detailed examination. 26. M/s Concast Steel & Power Limited, Kolkata

01/36/218/178/ AM-15/EPCG-I 0230002601 dated 06.09.2007
0230002713 dated 24.10.2007
0230005778 dated 30.09.2010
0230005779 dated 30.09.2010
0230005780 dated 30.09.2010 Condonation of block-wise EO and addition of alternate product.
Representative of the DOR stated that they need to call for a report from Customs in the matter before furnishing their comments. The Committee, therefore, decided to defer the case. DOR was requested to send the comments before the next meeting of EPCG Committee.

Customs in the matter before furnishing their comments. The Committee, therefore, decided to defer the case. DOR was requested to send the comments before the next meeting of EPCG Committee. 27. M/s Welspun India Limited, Mumbai

01/37/218/31/A M-15/EPCG-II 0330008554 dated 05.05.2005 Acceptance of installation certificate issued by chartered engineer instead of central excise as per Trade Notice No. 1/AM-10 dated 15.04.2009 issued by RA, Mumbai Representative of the DOR stated that they need to call for a report from concerned jurisdictional Central Excise Authorities that the Capital Goods are physically in the possession of the party. The Committee, therefore, decided to defer the case. DOR was requested to send the comments before the next meeting of EPCG Committee. 28. M/s Vaibhav Yarn Mills Pvt. Ltd., Ludhiana

01/37/218/150/ AM-15/EPCG-II 3030002358 dated 17.01.2007 Extension in EOP for two years The Committee noted that the party has fulfilled 38.02% EO during the original EOP. The Committee, deliberated upon the case and decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 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.

d 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. 2009-14/ Para 5.17 (b) of HBP 2015-20, as the party could not apply to RA within the prescribed time period.

M/s Zee Media Corporation Limited, New Delhi 0530147459 dated 15.10.2008 0530148213 Re-fixation of export obligation after de-merger of news and The Committee deliberated upon the case and decided to defer it for further examination of the matter.

01/37/218/154/ AM-15/EPCG-II dated 16.01.2009 Current Affairs Channels and Regional General Entertainment Channels. 30. M/s Shabnam Petrofils Pvt. Ltd., Surat

01/37/218/24/A M-16/EPCG-II Applied for Issuance of EPCG authorization for import of Drups. The technical members from DHI informed that although the proposed capital goods are covered under the provision of Notification No.7 dated 18.04.2013, it is a new technology and not a conventional DG set as it generates power only for a limited period. The CG proposed to be imported are covered under UPS group. The Committee, therefore, decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow import of Diesel Rotary uninterrupted power source (DRUPS) under EPCG scheme.

M/s John Deere India Pvt. Ltd., Pune

01/36/218/06/A M-16/EPCG-I Applied for Issuance of EPCG authorization for import of excavator machines.

er source (DRUPS) under EPCG scheme.

M/s John Deere India Pvt. Ltd., Pune

01/36/218/06/A M-16/EPCG-I Applied for Issuance of EPCG authorization for import of excavator machines.
The Committee observed that the products proposed to be imported are excavator machines on which testing will be done by use of other capital goods and such capital goods shall not be used for production of goods/services.

Therefore, the Committee decided to reject the case.


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 IEM = Industrial Entrepreneurs Memorandum RCMC = Registration-cum-Membership Certificate DHI = Department of Heavy Industry DOT=Department of Telecommunication

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