DGFT Minutes

MINUTES OF EPCG COMMITTEE MEETING HELD UNDER THE CHAIRMANSHIP OF SHRI JAIKANT SINGH, ADDITIONAL DIRECTOR GENERAL OF FOREIGN TRADE AT 14:30 Hours ON 13.07.2015

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. Smt. Chitra Sharma, Deputy Director General of Foreign Trade, DGFT d. Shri Kumar Rahul, Deputy Director General of Foreign Trade, DGFT e. Shri S.K. Kala, Foreign Trade Development Officer, DGFT f. Shri S.K. Panigrahi, Economic Officer, DGFT g. Shri A.S. Chauhan, Foreign Trade Development Officer, DGFT

II. 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 Monnet Ispat & Energy Limited, New Delhi

18/132/AM-15/P-5 0530145054 dated 27.11.2007
0530140770 dated 29.03.2006
0530144059 dated 06.07.2007
0530143291 dated 15.03.2007
0530143253 dated 09.03.2007 Condonation of delay in the installation of capital goods. The Committee took into account the submission of the party that they had obtained the installation certificates from Central Excise Authority but there was a delay in installation of the capital goods beyond 18 months. The Committee, therefore, decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow condonation of delay in installation of capital goods subject to payment of composition fee of Rs.5000/-.

refore, decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow condonation of delay in installation of capital goods subject to payment of composition fee of Rs.5000/-.

This has the approval of DG. 2. M/s Modesty Garments, Gurgaon

18/13/AM-16/P-5 0530139832 dated 31.10.2005 Extension of block- wise EO The Committee noted that the party has fulfilled their entire EO in the second block 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 extension in 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 1st
block in terms of the provisions of Para 5.14 (c) of HBP 2015-20.

M/s Moon Spinners Limited, Tamil Nadu

18/135/AM-15/P-5 3530001902 dated 24.07.2006 Condonation of block- wise EO and extension in EOP for 2 years. not made any exports during the original EOP, due to instability in the export market. submission of the party that they have sufficient purchase orders and are confident to fulfil the EO within extended time.

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) extension in block-wise EO, as the party could not apply to RA within the prescribed time period. This would be

recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow:

(a) extension in 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 5.14 (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 5.17 (b) of HBP 2015-20, as the party could not apply to RA within the prescribed time period.

The aforesaid decision is subject to conditions stipulated in para 5.10(d) of HBP 2015-20.

M/s De Bono Flexcom (I) Ltd., New Delhi

01/36/218/187/A M-15/EPCG-I 0530135728 dated 20.02.2004 Condonation of procedural lapse of not mentioning of EPCG authorization No. in ARE-3 Form. submission of the party that they have supplied the goods to M/s Jubilant Chemsys Ltd., (100% EOU Unit) but could not mention the EPCG authorization number and date on the ARE-3 Forms.

The Committee deliberated upon the case relaxation under Para 2.58 of FTP 2015-20 to allow condonation of the procedural lapse of not mentioning the EPCG authorization no.

on the ARE-3 Forms.

The Committee deliberated upon the case relaxation under Para 2.58 of FTP 2015-20 to allow condonation of the procedural lapse of not mentioning the EPCG authorization no. and date on the ARE-3 subject to verification of ARE-3 forms by the concerned Jurisdictional Central Excise Authority of the supplier, that supply of goods have actually been made to 100% EOU unit and verification by Jurisdictional Central Excise Authority of the recipient unit.

M/s Kumar Printers Pvt. Ltd., Gurgaon

01/36/218/262/A M-14/EPCG-I 0530134617 dated 06.08.2003 Condonation of procedural lapse of not mentioning of EPCG authorization No. & date on ARE-3 Form. submission of the party that they have completed their EO within the EO period by way of deemed export and could not mention the EPCG authorization number and date on the ARE-3 Forms.

relaxation under Para 2.58 of FTP 2015-20 to allow condonation of the procedural lapse of not mentioning EPCG authorization no. and date on the ARE-3 subject to verification of ARE-3 forms by the concerned Jurisdictional Central Excise Authority that the supply of goods have actually been made to indigenous supplier and verification by Jurisdictional Central Excise Authority of the recipient unit.

Jurisdictional Central Excise Authority that the supply of goods have actually been made to indigenous supplier and verification by Jurisdictional Central Excise Authority of the recipient unit.

M/s Barmalt (India) Pvt. Ltd., Gurgaon

01/36/218/94/AM- 15/EPCG-I 0530141420 dated 06.07.2006
0530141939 dated 14.09.2006 0530140813 dated 04.04.2007
0530144391 dated 21.08.2007 0530147810 dated 21.11.2008 i. Condonation of delay in obtaining installation certificate against two EPCG authorization Nos. 0530141420 dated 06.07.2006 and 0530141939 dated 14.09.2006; ii. Acceptance of installation certificate issued by Chartered Engineer instead of Central Excise against 2 EPCG authorization nos. 0530140813 dated 04.04.2007 and 0530144391 dated 21.08.2007; iii. Deletion of deficiency raised by ADGFT,CLA, New Delhi i.e. malt extract is not agro product regarding annual average against EPCG authorization no. 0530147810 dated 21.11.2008. i. The Committee took into account, the submission of the party that they had obtained the installation certificates from Central Excise Authority but there was a delay in installation of the capital goods beyond 18 months.
ii. The Committee observed that the party has fulfilled 100% EO during the EOP. The Committee also noted that the capital goods were imported vide B/E dated 26.02.2008 and the party obtained installation certificate from Chartered Engineer after a delay of about 4 months on 17.01.2009.

so noted that the capital goods were imported vide B/E dated 26.02.2008 and the party obtained installation certificate from Chartered Engineer after a delay of about 4 months on 17.01.2009. The party thereafter approached Central Excise Authority on 16.11.2009 to obtain installation certificate. However installation certificate has not been issued by the Central Excise Authority as yet.

The Committee, therefore, decided to recommend to DG for relaxation under

Para 2.58 of FTP 2015-20 to allow

condonation of delay in installation of capital goods and acceptance of installation certificate issued by chartered engineer instead of central excise authority subject to payment of composition fee of Rs.5000/- for each request.

iii. The Committee agreed with the contention of the RA that the export product i.e. “Malt Extract “is not an agriculture product. The Committee, therefore, decided to reject the request of the party for deletion of deficiency raised by ADGFT, CLA, New Delhi.

M/s Dong A India Automotive Pvt. Ltd., Chennai

01/36/218/327/A M-14/EPCG-I 0430000836 dated 27.11.2002

1. Grant of second extension of two years

Condonation of block-wise E.O. fulfilment and
3.Counting of Shipping Bills with incorrect EPCG number The Committee noted that the party had made direct exports to the extent of 17.3% of EO. They had however claimed to have made exports through third party which was not taken into account for EO fulfilment by RA. The party has therefore requested for counting of direct exports made against their other EPCG authorizations and extension in EOP for 2 year to fulfil remaining EO.
After discussions, the Committee decided to recommend to D.G. for relaxation under Para 2.58 of FTP 2015-20 to allow second extension in EOP for two years on payment of 50% of Duty as per

Para 5.11 of HBP 2009-14 and condonation

of block-wise E.O. on payment of composition fee of 2% as per Para 5.8.3 of HBP 2009-14. This has the approval of DG.

The Committee also permitted counting of

S/bills in which incorrect EPCG authorization No. was mentioned for regularisation of this authorisation on payment of composition fee of Rs. 200 per shipping bill. RA shall ensure that there is no double counting of shipping bills and that shipping bills are not free shipping bills.
8. M/s HNG Float Glass Limited, Kolkata

01/36/218/53/AM- 16/EPCG-I 0230003678 dated 30.09.2008
0230003773 dated 12.11.2008
0230003731 dated 24.10.2008 i. Extension of block- wise EO ii. Addition of ITC HS Code. submission of the party that they could not apply to RA within the prescribed time period for extension of export obligation period of first block.

1. 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 of delay in applying for extension in 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 1st block in terms of the provisions of Para 5.14 (c) of HBP 2015-20. This has the approval of DG.

t of 2% composition fee on duty saved amount in proportion to the shortfall at the end of 1st block in terms of the provisions of Para 5.14 (c) of HBP 2015-20. This has the approval of DG.

2. The Committee noted that the party has obtained the subject authorizations and imported the capital goods for manufacturing of various types of glass under ITC HS code – 70072190, 70071100 and 70051090. Now, the party has requested for addition of export item of ITC HS code – 70099100, 70052190 and

The Committee deliberated upon the case and decided to allow addition of export items of ITCHS code 70099100, 70052190 and 70052990 as policy of the concerned period allowed EO fulfillment by export of other goods subject to conditions that the items are manufactured by the authorization holder and maintenance of average EO of the export product. 9. M/s Hero Cycles Limited, Ludhiana

01/36/218/141/A M-15/EPCG-I 3030001940 dated 07.08.2006 Condonation of block- wise EO and extension in EOP for 2 years.
not made any exports during the original EOP, due to slowdown in international market. The Committee took into account the submission of the party that they have sufficient purchase orders and are confident to fulfil the EO within extended time period.

relaxation under Para 2.58 of FTP 2015-20 to allow:

(a) extension in block-wise EO, as the party could not apply to RA within the prescribed time period.

EO within extended time period.

relaxation under Para 2.58 of FTP 2015-20 to allow:

(a) extension in 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 5.14 (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 5.17 (b) of HBP 2015-20, as the party could not apply to RA within the prescribed time period.

M/s Anand Spring Mattress Mfg. Co., Jammu

01/36/218/202/A M-15/EPCG-I 0530142578 dated 06.12.2006 i. Condonation of block-wise EO; ii. Extension in EOP; iii. Condonation of delay in submission of installation certificate from central excise.
not made any exports till date from their unit located in Jammu & Kashmir. The Committee took into account the submission of the party that they have sufficient export orders and are confident to fulfil the EO within extended time.

The Committee, deliberated upon the case relaxation under Para 2.58 of FTP 2015-20 to allow:

(a) extension in block-wise EO, as the party could not apply to RA within the prescribed time period.

mittee, deliberated upon the case relaxation under Para 2.58 of FTP 2015-20 to allow:

(a) extension in 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 5.14 (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 5.17 (b) of HBP 2015-20, as the party could not apply to RA within the prescribed time period.

submission of the party that they had obtained the installation certificate from Central Excise Authority but there was a delay in installation of the capital goods beyond 18 months. The Committee, therefore, decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow condonation of delay in installation of capital goods subject to payment of composition fee of Rs.5000/-.

M/s Ask Home Furnishing Pvt. 0530140890 dated Condonation of block- wise EO and extension fulfilled about 56% EO in respect of EPCG

ubject to payment of composition fee of Rs.5000/-.

M/s Ask Home Furnishing Pvt. 0530140890 dated Condonation of block- wise EO and extension fulfilled about 56% EO in respect of EPCG

Ltd., New Delhi

01/36/218/18/AM- 16/EPCG-I 19.04.2006 0530141101 dated 19.05.2006
0530143648 dated 14.05.2007 in EOP for 2 years. authorization no. 0530140890 dated 19.04.2006 and Nil against other two authorizations (i.e. 0530141101 dated 19.05.2006

and 0530143648 dated 14.05.2007) during the original EOP, due to stiff global competition and increase in the domestic price of raw material. The Committee took into account the submission of the party that they have sufficient export orders and are confident to fulfil the EO within extended time.

The Committee, deliberated upon the case relaxation under Para 2.58 of FTP 2015-20 to allow:

(a) extension in block-wise EO, as the party could not apply to RA within the prescribed time period.

mittee, deliberated upon the case relaxation under Para 2.58 of FTP 2015-20 to allow:

(a) extension in 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 5.14 (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 5.17 (b) of HBP 2015-20, as the party could not apply to RA within the prescribed time period.

M/s Welspun India Limited, Mumbai

01/37/218/31/AM- 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. The Committee noted that the case was last placed before EPCG Committee in its meeting held on 25.05.2015, wherein it was deferred to call for a report from concerned Jurisdictional Central Excise authority that the capital goods are physically in the possession of the party.

The representative of DOR stated that they have obtained the report from concerned Jurisdictional Central Excise authority and confirmed that the capital goods are physically in the possession of the party.

ntative of DOR stated that they have obtained the report from concerned Jurisdictional Central Excise authority and confirmed that the capital goods are physically in the possession of the party.

The Committee observed that the party has fulfilled specific EO as well as maintained annual average EO. The party has already obtained installation certificate from chartered engineer.

The Committee, therefore, decided to recommend to DG for relaxation under

Para 2.58 of FTP 2015-20 to allow

condonation of delay in installation of capital goods and acceptance of installation certificate issued by chartered engineer instead of central excise authority subject

to payment of composition fee of Rs.5000/-

M/s SVG Fashions Limited, Mumbai

01/37/218/173/A M-15/EPCG-II 0330008852 dated 08.06.2005 0330010523 dated 15.12.2005 Addition of alternate product viz. “Non Embroidery Fabric” from the date of issuance of authorization. The Committee noted that the case was considered in the EPCG Committee meeting held on 27.04.2015, wherein it was decided to defer the case with the directions to call for copies of DEPB shipping bills to confirm the submission of the party that they had to mention both embroidered/non- embroidered fabric in their shipping bills in order to avail DEPB benefits as the required description for DEPB was fabric with or without embroidery.

The Committee observed that there was a provision to fulfill 100% EO by exports of alternate product manufactured as per para 5.4(i) of FTP 2004-09. The Committee, therefore, decided to allow counting of both embroidered/non-embroidered fabric for EO fulfillment subject to confirmation by RA that the products exported have been manufactured by the party and that Average EO of both items are maintained. 14. M/s Rajadhani Hotels Pvt.

for EO fulfillment subject to confirmation by RA that the products exported have been manufactured by the party and that Average EO of both items are maintained. 14. M/s Rajadhani Hotels Pvt. Ltd., Triruvananthapura m

01/37/218/232/A M-15/EPCG-II 5330001166 dated 09.07.2008 5330001177 dated 26.08.2008 Extension of block- wise EO already submitted the 2% composition fee on unfulfilled EO in respect of subject authorizations. 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 block-wise EO, as the party could not apply to RA within the prescribed time period. This would be subject to confirmation of payment of 2% composition fee on duty saved amount in proportion to the shortfall at the end of 1st block in terms of the provisions of Para 5.14 (c) of HBP 2015-20.

M/s Rajashree Spintex Pvt. Ltd., Tamilnadu

01/37/218/205/A M-15/EPCG-II 3530003243 dated 16.05.2008 3530003240 dated 16.05.2008 Extension of block- wise EO submission of the party that they have sufficient export orders and are confident to fulfil their EO within 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 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 1st block in terms of the provisions of Para 5.14 (c) of HBP 2015-20.

M/s Softgel Healthcare Pvt. Ltd., Chennai

01/37/218/231/A M-15/EPCG-II 0430003468 dated 06.03.2006 Extension of block- wise EO. fulfilled their entire EO in the second block 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 extension in 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 1st
block in terms of the provisions of Para 5.14 (c) of HBP 2015-20.

M/s Splendour Holidays Pvt. Ltd., Goa

01/37/218/130/A M-15/EPCG-II 1730001177 dated 18.11.2011 Permission to transfer of vehicle from Goa to Bangalore. fulfilled 78.5% EO in the first block period. relaxation under Para 2.58 of FTP 2015-20 to allow transfer of vehicle from Goa to Bangalore subject to registration of the said vehicle at Bangalore as a commercial vehicle.

M/s Palm Grove Beach Hotels Pvt. Ltd., Mumbai

01/37/218/23/AM- 16/EPCG-II 0330018207 dated 26.11.2007 Condonation of delay in registration of car imported under EPCG Scheme.

icle.

M/s Palm Grove Beach Hotels Pvt. Ltd., Mumbai

01/37/218/23/AM- 16/EPCG-II 0330018207 dated 26.11.2007 Condonation of delay in registration of car imported under EPCG Scheme.
and decided to defer it for further examination on file. 19. M/s Sigma Corporation India Limited, New Delhi

01/37/218/45/AM- 15/EPCG-II 0530141554 dated 21.07.2006 Condonation for non- fulfilment of average EO for the first 3 years (2007-09) The Committee observed that there is a short fall in average EO in the year 2007- 08, 2008-09 and 2009-10. However, the party has fulfilled excess average EO in the year 2010-11, 2011-12, 2012-13, 2013-14 and 2014-15 which covers the shortfall in average EO in the year 2007-08, 2008-09 and 2009-10. The Committee therefore allowed counting of the excess exports made in the year 2010-11, 2011-12, 2012- 13, 2013-14 and 2014-15 towards shortfall in average EO in the year 2007-08, 2008-09 and 2009-10. 20. M/s Onkar International Pvt. Ltd., New Delhi

01/37/218/172/A M-15/EPCG-II 0530138861 dated 13.06.2005 Condonation of delay in registration of vehicle. The Committee noted that the party had imported a Honda CRV car on 18.8.2005 under the EPCG scheme and had registered the vehicle as a tourist vehicle on 24.03.2007 in terms of Policy Circular no. 7 dated 7.5.2008 which had allowed extension in time up to 31.08.2008 for mandatory registration of motor cars imported under the EPCG scheme as ‘tourist vehicles’.

ms of Policy Circular no. 7 dated 7.5.2008 which had allowed extension in time up to 31.08.2008 for mandatory registration of motor cars imported under the EPCG scheme as ‘tourist vehicles’. The Committee noted that RA has not considered the request for grant of EODC as the installation certificate which is the registration certificate in case of motor vehicles is beyond 18 months.

The Committee, therefore, decided to recommend to DG for relaxation under

Para 2.58 of FTP 2015-20 to allow

condonation of delay in installation of capital goods in view of the extension in time for registration as tourist vehicles which was allowed vide Policy Circular no. 07 dated 7.5.2008.

M/s Rasandik Engineering Industries India 0530140595 dated 07.03.2006 i) Condonation of block-wise EO; ii) Extension in EOP The Committee noted the submission of the party that they have fulfilled 30.68% EO during EOP.

Ltd., Gurgaon

01/37/218/98/AM- 15/EPCG-II for two years; iii) Applicability of policy circular No. 7/2002 dated 11.07.2002 for deemed export on ARE-1 The Committee, deliberated upon the case relaxation under Para 2.58 of FTP 2015-20 to allow:

(a) extension in 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 5.14 (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 5.17 (b) of HBP 2015-20, as the party could not apply to RA within the prescribed time period.

the choice of exporter, for each year of extension sought in terms of provisions contained in Para 5.17 (b) of HBP 2015-20, as the party could not apply to RA within the prescribed time period.

submission of the party that they have completed their EO by way of deemed export and due to procedural lapse they could not mention the EPCG authorization number and date on the ARE-I Forms.

relaxation under Para 2.58 of FTP 2015-20 to allow condonation of the procedural lapse of not mentioning the EPCG authorization no. and date on the ARE-1 subject to verification of ARE-1 forms by the concerned Jurisdictional Central Excise Authority of the supplier, that supply of goods have actually been made by indigenous/domestic supplier and verification by Jurisdictional Central Excise Authority of the recipient unit.

M/s Swaranagiri Wire Insulations Pvt. Ltd., Bangalore

01/37/218/240/A M-15/EPCG-II 0730004845 dated 10.11.2006 Extension of block- wise EO fulfilled shortfall of 1st block EO in the extended period of 2nd block.

relaxation under Para 2.58 of FTP 2015-20 to allow extension in 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 1st
block in terms of the provisions of Para 5.8.2 of HBP v1 2009-14/ Para 5.14 (c) of HBP 2015-20.

ment of 2% composition fee on duty saved amount in proportion to the shortfall at the end of 1st
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 Technico Industries Limited, Gurgaon

01/37/218/72/AM- 15/EPCG-II 13 EPCG authorization s issued during the period of AM-06 to AM-13 Redemption of 13 nos. of EPCG authorizations in terms of Para 5.10(c & d) of HBP 2015-20. and decided to defer it with directions to obtain the copies of ARE-I, ARE-III and shipping bills from the party and call the party for PH in the next meeting of the EPCG Committee. 24. M/s Varrsana Ispat Limited, New Delhi

01/37/218/237/A M-15/EPCG-II 0530139721 dated 17.10.2005 Condonation of delay in installation of capital goods
The Committee noted that the case was considered in the EPCG Committee meeting held on 25.05.2015, wherein it was decided to call for a report from RA.

submission of party that they had obtained the installation certificate from Central Excise Authority but there was a delay in installation of the capital goods beyond 18 months and that they had fulfilled their entire EO during the prescribed EOP. The Committee, therefore, decided to recommend to DG for relaxation under

Para 2.58 of FTP 2015-20 to allow

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

M/s Hayward Synthetic Pvt. Ltd., Mumbai

01/37/218/77/AM- 15/EPCG-II 0330029332 dated 27.04.2011 0330032846 dated 11.06.2012 0330029312 dated 25.04.2011 Change of installation address. submission of the party that the capital goods were imported and were installed at their unit located at G-29, MIDC, Tarapur, Boisar, Palaghar, Thane, Maharasthra instead of installation address mentioned in said authorization due to issues relating to power, labour and overall demand of fabrics. Both the addresses of the units are already endorsed on IEM, IEC and RCMC. The party has already obtained installation certificate from Central Excise for their new unit where the capital goods are installed.

The Committee, therefore, decided to regularize installation of capital goods at address i.e. G-29, MIDC, Tarapur, Boisar, Palaghar, Thane, Maharasthra subject to payment of composition fee of Rs. 5000/-. 26. M/s Janki Newsprint Limited, Delhi

01/36/218/145/A M-15/EPCG-I 0530139551 dated 16.09.2005 0530140224 dated 05.01.2006
0530140824 dated 04.04.2006
0530141233 dated 02.06.2006 i. Condonation of block-wise EO and extension in EOP for 2 years.
ii. Acceptance of installation certificate issued by Chartered Engineer instead of central excise.

33 dated 02.06.2006 i. Condonation of block-wise EO and extension in EOP for 2 years.
ii. Acceptance of installation certificate issued by Chartered Engineer instead of central excise. The Committee considered the case and it was decided to defer the same as representative of DOR stated that they need to call for comments from the concerned central excise authority in order to confirm whether the goods are in physical possession of the party.

M/s Mayfair Hotels & Resorts (Sikkim) Pvt. Ltd., Gangtok

18/51/AM-16/P-5 0230003315 dated 29.05.2008 0230003313 dated Extension of block- wise EO fulfilled their entire EO in the second block period. The Committee deliberated upon the case and decided to recommend to DG for relaxation under Para 2.58 of

29.05.2008 0230003314 dated 29.05.2008 FTP 2015-20 to allow extension in 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 1st 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 Indian Synthetic Rubber Limited

01/36/218/242/A M-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 already supplied by M/s KirloskarPheumatic Co., Ltd., under advance authorization no.

012 and in Invalidation letter No. 0559001344 dated 07.03.2012 issued against the authorization already supplied by M/s KirloskarPheumatic Co., Ltd., under advance authorization no. 310054139 dated 9.5.2012 issued by RA, Pune. The Committee observed that the case was considered in the meeting held on 19.11.2014 but was deferred in order to re- examine the matter after calling for the file from RA.

The Committee noted that the issue has been examined and M/s Kirloskar has supplied an ‘Ammonia Refrigeration Plant’ (ARP) against invalidation issued against the EPCG authorization to M/s Indian Synthetic Rubbers Ltd. (ISRL) which is a JV of IOC and two other companies. However ISRL while applying for the EPCG authorization mentioned only four components of the ‘Ammonia Refrigeration Plant’ instead of the entire ‘Ammonia Refrigeration Plant’. Consequently the invalidation was also issued only for the four components. On the basis of this invalidation M/s Kirloskar Ltd. i.e. the indigenous supplier obtained an advance authorization from RA Pune which had the same items of import and export mentioned on it. However M/s Kirloskar Ltd. has supplied the complete Ammonia refrigeration plant to ISRL.

The Committee also observed that this fact was noted by the Norms Committee to whom M/s Kirloskar Ltd. had approached for fixation of norms after which the party approached RA for amendment in the EPCG authorization as well as in the Advance Authorizations which was rejected by the concerned RAs.

had approached for fixation of norms after which the party approached RA for amendment in the EPCG authorization as well as in the Advance Authorizations which was rejected by the concerned RAs.

and it was decided to direct RA to amend the description of capital goods in the EPCG authorization and invalidation letter of M/s ISRL and refix the export obligation subject to verification by central excise authorities that the CG supplied by M/s Kirloskar Ltd. is ‘Ammonia Refrigeration Plant’ after which RA Pune shall take corresponding action to amend the Advance Authorization. 29. M/s Allied Strips Limited, New Delhi

01/36/218/399/A M-14/EPCG-I 0530157833 dated 06.03.2012 Extension in time for installation of capital goods for 2 years.
submission of the party that the capital goods imported by them have not been installed and are lying in their factory. The party has also submitted a certificate from the central excise authority to this effect.
The Committee further noted that the party

m have not been installed and are lying in their factory. The party has also submitted a certificate from the central excise authority to this effect.
The Committee further noted that the party

is also registered with BIFR.

relaxation under Para 2.58 of FTP 2015-20 to allow extension in time for installation of capital goods for further 2 years (i.e. from 1st July, 2015 to 30th June 2017).

M/s Mafatlal Industries Limited, Mumbai

01/36/218/156/A M-12/EPCG-I 01500721 dated 30.03.1998 Extension of EPCG License for fulfilling import obligation by 10 years as per modified Rehabilitation Scheme sanctioned by BIFR and decided to defer it for obtaining the comments from DOR in the matter. Representative of DOR is requested to send their comments before the next meeting of the EPCG Committee.
31 M/s Positive Packging Industries Ltd., Mumbai

01/37/218/125/A M-15/EPCG-II

0330034415 dated 05.12.2012

0330036184 dated 25.06.2013

0330034299 dated 20.11.2012 i) Transfer of owner ship of capital goods and export obligation in respect of EPCG authorization no.0330034299 dated 20.11.2012 from M/s Positive Packaging Industries to M/s Renewsys India Pvt. Ltd.

(ii) Shifting of capital goods in respect of authorization no.0330034415 dated 5.12.2012 (all items) and item no. 1 i.e tuning and polishing machine in respect of EPCG authorization no.0330036184 dated 25.06.2013 from M/s Positive packaging Industries Ltd.

4415 dated 5.12.2012 (all items) and item no. 1 i.e tuning and polishing machine in respect of EPCG authorization no.0330036184 dated 25.06.2013 from M/s Positive packaging Industries Ltd. , plot No.21, Bommanasandra Jugani link road, Industrial area, Taluka anekal Bangalore to plot No.31, Industrial area (part)32/33/152 to 155 Bommanasandra Jugani link road, Industrial area, Taluka anekal Bangalore M/s Renewsys India Pvt. Ltd. The Committee noted that the case was deferred in the EPCG Committee meeting held on 25.05.2015, wherein DOR representative stated that they need to call a report from Customs in the matter.

Representative of DOR informed that they have obtained the report from concerned customs authorities. The Committee, deliberated upon the case and decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow transfer of ownership and export obligation

in respect of

EPCG authorization no.0330034299 dated 20.11.2012 from M/s Positive Packaging Industries to M/s Renewsys India Pvt. Ltd. on account of demerger subject to:

i) Submission of fresh BG/LUT Bond. ii) All the terms and conditions of the EPCG authorization nos. including maintenance of average EO and Specific EO will remain same. iii) In case the transferee company exports same and similar item the transferee company would maintain average EO in addition to average EO Under these licenses. This has the approval of DG.

. iii) In case the transferee company exports same and similar item the transferee company would maintain average EO in addition to average EO Under these licenses. This has the approval of DG.

The Committee further decided to allow shifting of capital goods in respect of authorization no.0330034415 dated 5.12.2012 (all items) and item no. 1 i.e. tuning and polishing machine in respect of EPCG authorization no.0330036184 dated 25.06.2013 from M/s Positive packaging Industries Ltd., plot No. 21, Bommanasandra Jugani link road, Industrial area, Taluka anekal Bangalore to plot No.31, Industrial area (part)32/33/152 to 155 Bommanasandra Jugani link road, Industrial area, Taluka anekal Bangalore
M/s Renewsys India Pvt. Ltd due to demerger subject to submission of fresh installation certificate to concerned RA.

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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 IEC = Importer-Exporter Code DOR = Department of Revenue IEM = Industrial Entrepreneurs Memorandum RCMC = Registration-cum-Membership Certificate.