DGFT Minutes
In force — no superseding record on file.
MINUTES OF EPCG COMMITTEE MEETING HELD UNDER THE CHAIRMANSHIP OF SHRI JAIKANT SINGH, ADDITIONAL DIRECTOR GENERAL OF FOREIGN TRADE AT 1430 Hours ON 29.03.2016 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 K.K. Tiwari, Industrial Adviser, Department of Heavy Industry d. Smt. Chitra Sharma, Deputy Director General of Foreign Trade, DGFT e. Shri Kumar Rahul, Deputy Director General of Foreign Trade, DGFT f. Shri S.K. Kala, Foreign Trade Development Officer, DGFT g. Shri A.S. Chauhan, Foreign Trade Development Officer, DGFT h. Shri S.K. Panigrahi, Economic Officer, DGFT
II. Minutes of the last Meeting held on 25.02.2016 were confirmed.
III. The Committee deliberated upon all the cases and following decisions were taken:
Sl.
No.
Firm’s Name and F.
No.
EPCG
Authorisati
on No.
Subject
Decision of the Committee
1.
M/s
Indian
Steel
Corporation
Limited,
Mumbai
01/36/218/156/AM-
16/EPCG-I
0330009929
dated
04.10.2005
0330011327
dated
14.03.2006
Condonation of delay in
installation of Capital
Goods.
The Committee noted that the party
has fulfilled their entire EO within 1st
block period.
The Committee took into account the submission of the party that they had obtained the installation certificate from Central Excise but there was a delay in installation of Capital Goods beyond 18 months.
tee took into account the submission of the party that they had obtained the installation certificate from Central Excise but there was a delay in installation of Capital Goods beyond 18 months. The party has stated that there was a delay in installation of the Capital Goods due to late delivery of the machines. Also, the commissioning got delayed because the installation, lubrication etc., had to be done by outside experts other than the Engineers available in their plants.
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/-.
This has the approval of DG. 2. M/s Aglo Packaging Pvt. Ltd., Kolkata.
01/36/218/393/AM-
14/EPCG-I
0230004901
dated
03.02.2010
0230004951
dated
17.02.2010
Extension of block-wise
EO period.
The Committee noted that party has
stated that they could not fulfil EO
during the first block period due to
recession in global markets and
cancellation of fresh export orders.
submission of the party that they
have sufficient export orders in hand
to fulfil the 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 extension in block-wise EOP, as the party could not apply to RA within the
mittee 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 EOP, as the party could not apply to RA within the
prescribed time period. This shall be subject to payment of 2% composition fee on duty saved amount in proportion to the shortfall at the end of first block in terms of the provisions of Para 5.14 (c) of HBP 2015-20.
M/s Apna Punjab Resorts Limited, Ludhiana.
01/36/218/106/AM-
16/EPCG-I
3030003084
dated
21.08.2007
3030003169
dated
11.09.2007
3030003751
dated
25.02.2008
EO
period
and
extension in EOP for 2
years.
The
Committee
noted
that
the
construction of the hotel is incomplete
and the Capital Goods have not been
installed even after 8 to 9 years of
issuance of authorisations. The RA
has initiated ECA action against two
authorizations No. 3030003084 dated
21.08.2007 and 3030003169 dated
11.09.2007. The Committee observed
that the SCN has been issued to the
party
on
31.10.2014
against
authorization No. 3030003169 dated
11.09.2007 and bank guarantee has
already been invoked and the BG
amount deposited in Government
Account.
case and decided to reject the request with orders to RA to recover customs duty along with interest from the party. 4. M/s Globion India Pvt. Ltd., Secunderabad.
01/36/218/97/AM- 16/EPCG-I 0930004646 dated 06.01.2009 EO period. has not fulfilled any EO till date.
uty along with interest from the party. 4. M/s Globion India Pvt. Ltd., Secunderabad.
01/36/218/97/AM- 16/EPCG-I 0930004646 dated 06.01.2009 EO period. has not fulfilled any EO till date. The Committee took into account the could not fulfil EO during the 1st block period due to delay in obtaining necessary licenses/GMP accreditation of exports of veterinary vaccines.
subject to payment of 2% composition fee on duty saved 2015-20.
M/s Indian Immunologicals Limited, Hyderabad
01/36/218/349/AM-
14/EPCG-I
0930000621
dated
15.07.2003
0930000623
dated
15.07.2003
0930000801
dated
15.12.2003
EO period.
The Committee noted that the EPCG
Committee
meeting
held
on
21.09.2015
had
considered
the
request of the party for condonation
of not maintaining year wise annual
average EO and to offset it by excess
exports in other years in respect of
the subject authorizations.
The Committee observed that the party has fulfilled their entire EO
ing year wise annual average EO and to offset it by excess exports in other years in respect of the subject authorizations.
The Committee observed that the party has fulfilled their entire EO
during the original EOP.
subject to payment of 2% composition fee on duty saved at the end of each block in terms of 2015-20.
M/s Karan Polypack Pvt. Ltd., Ahmedabad.
01/36/218/192/AM- 16/EPCG-I 0830002192 dated 04.10.2007 Extension in EOP for 2 years. has fulfilled 49.80% EO during the original EOP.
2.58 of FTP 2015-20to 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 5.17 (b) of HBP 2015-20, as the party could not apply to RA within the prescribed time period.
M/s Amar Singh & Sons (Regd.), Ludhiana
01/36/218/174/AM- 16/EPCG-I 3030005859 dated 15.10.2009 EO and extension in EOP for 1 year. The Committee noted that the request of the party was earlier placed before the EPCG Committee meeting held on 18.12.2015, wherein it was decided to defer the case for seeking export orders for the item of export as stated in the authorization.
The Committee observed that the party has not fulfilled any EO during their original EOP. The Committee noted that the order furnished by the party is for domestic supplies and decided to reject the case. 8.
observed that the party has not fulfilled any EO during their original EOP. The Committee noted that the order furnished by the party is for domestic supplies and decided to reject the case. 8. M/s Harish Ramakant Sarda, Maharashtra.
01/36/218/236/AM- 16/EPCG-I 3130002475 dated 30.05.2007 EO period. have fulfilled their entire EO in the 2nd block period and already paid the composition fee for extension of block wise EOP.
subject to payment of 2% composition fee on duty saved 2015-20.
M/s Choice Trading Corporation Pvt. Ltd., Cochin.
01/36/218/146/AM- 16/EPCG-I 1030001548 dated 22.04.2009 i. Extension of block-wise EO period. ii. Permission to shift the capital goods. has not fulfilled any EO till date. The Committee took into account the have sufficient export orders in hand to fulfil EO.
subject to payment of 2% composition fee on duty saved 2015-20.
The Committee also took into account
the submission of the party that the
capital goods were installed at their
unit located at 18/139A, Pulimuttu
Palam, Palluruthy, Cochin-682006.
The party has stated that in spite of
their sincere efforts, they could not
procure any orders from abroad and
they were forced to close down the
aforesaid unit. They now intend to
shift the capital goods to their unit
located at Choice Canning Company,
21/1391
A,
Thangal
Nagar,
Pashinithode
Palam,
Palluruthy,
Cochin-682006. Addresses of both
these units are already endorsed in
IEC and RCMC.
o their unit located at Choice Canning Company, 21/1391 A, Thangal Nagar, Pashinithode Palam, Palluruthy, Cochin-682006. Addresses of both these units are already endorsed in IEC and RCMC.
case and decided to allow shifting of capital goods from 18/139A, Pulimuttu Palam, Palluruthy, Cochin- 682006 to their unit located Choice Canning Company, 21/1391 A, Thangal Nagar, Pashinithode Palam, Palluruthy, Cochin-682006.
The party shall submit fresh installation certificate to RA within 6 months from the date of installation of capital goods at the new unit. RA is directed to ensure that EO is fulfilled as per policy.
M/s Indian Optics Pvt. Ltd., New Delhi
01/36/218/25/AM-
15/EPCG-I
0530142020
dated
25.09.2006
0530142021
dated
25.09.2006
Permission to shift the
capital goods.
The
Committee
noted
that
the
request of the party was placed
before the EPCG Committee meeting
held
on
27.04.2015
wherein
Committee had decided to allow
extension of block-wise EO and
extension in EOP for 2 years. The
party
has
now
requested
for
permission to shift the capital goods
to a different premises.
submission of the party that the capital goods were installed at their unit located at B- 76, Naraina Industrial Area, Phase –II, Delhi – 110 028. The party has submitted a copy of installation certificate issued by chartered engineer. They further informed that their Naraina Unit is on rent & the owner of the property has pressurized them to vacate the premises at the earliest.
ion certificate issued by chartered engineer. They further informed that their Naraina Unit is on rent & the owner of the property has pressurized them to vacate the premises at the earliest. They, therefore, want to shift the capital goods to their unit located at Khasra No. 63/16 & 63/ 17, Gali No. 7, Mundka Udyog Nagar Industrial Area, Delhi – 110 041. Addresses of both these units are already endorsed in IEC and RCMC.
The party was called for a PH to the Committee to explain their case. The representative from DoR had asked the party whether the new unit Khasra No. 63/16 & 63/ 17, Gali No. 7, Mundka Udyog Nagar Industrial Area, Delhi – 110 041 is registered with central excise or not. Party stated that the new unit is registered with central excise.
case and decided to allow shifting of capital goods from B- 76, Naraina Industrial Area, Phase –II, Delhi – 110 028 to their unit located at Khasra No. 63/16 & 63/ 17, Gali No. 7, Mundka Udyog Nagar Industrial Area, Delhi – 110 041. The party shall submit fresh installation certificate to RA within 6 months from the date of installation of capital goods at the new unit.
M/s L & T Valves Limited, Mumbai
01/36/218/91/AM-
16/EPCG-I
0430011657
dated
18.09.2012
Permission for inclusion
of factory address.
The
Committee
noted
that
the
request of the party is to include the
address of their factory located at
L&T campus, 607-656, L&T by pass
road,
Malumichampatti,
Eachanari
Road,
Coimbatore
in
the
EPCG
authorization.
he request of the party is to include the address of their factory located at L&T campus, 607-656, L&T by pass road, Malumichampatti, Eachanari Road, Coimbatore in the EPCG authorization. The Committee deliberated upon the case and directed the RA to examine and take necessary action as per policy.
M/s Ester Industries Limited, Gurgaon.
01/36/218/134/AM- 15/EPCG-I 0530135986 dated 29.03.2004 EO period. has fulfilled their entire EO during the fourth block period.
subject to payment of 2% composition fee on duty saved at the end of each block in terms of 2015-20.
M/s Gokaldas Images Pvt. Ltd., Bangalore.
01/36/218/69/AM- 16/EPCG-I 0730005707 dated 15.06.2007 0730006227 dated 23.10.2007 EO period. has fulfilled their entire EO in the second block period.
subject to payment of 2% composition fee on duty saved 2015-20.
M/s Elmec Tools & Devices Pvt. Ltd., Faridabad.
01/36/218/21/AM- 16/EPCG-I 0530141261 dated 08.06.2006 Condonation of delay in submission of installation certificate issued by Central Excise. has obtained the installation certificate from the Central Excise authority on 21.04.2015 i.e. beyond the prescribed time period of 18 months from the date of last import of capital goods.
submission of the party that they had imported the Capital Goods on 23.06.2006 and had obtained the installation certificate from Chartered engineer within six months of import instead of Central Excise authorities.
hat they had imported the Capital Goods on 23.06.2006 and had obtained the installation certificate from Chartered engineer within six months of import instead of Central Excise authorities. They have obtained the installation certificate from Central Excise on 21.04.2015.
The Committee decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow condonation of delay in submission of installation certificate subject to payment of composition fee of Rs.5000/.
M/s Paras Cotspin Ltd., Punjab.
01/37/218/273/AM-
16/EPCG-II
3030003124
dated
29.08.2007
3030003123
dated
29.08.2007
3030003417
dated
22.11.2007
3030003527
dated
26.12.2007
EO and extension in
EOP for 2 years.
has fulfilled 100% EO in respect of 2
EPCG authorization nos. 3030003124
dated 29.08.2007 & 3030003417
dated
22.11.2007
and
fulfilled
83.37% & 22.47% EO respectively
against 2 EPCG authorization nos.
3030003527 dated 26.12.2007 &
3030003123 dated 29.08.2007.
The Committee deliberated upon the 2.58 of FTP 2015-20 to allow:
(a) extension in block-wise EOP
in respect of all the 4 EPCG
authorizations, as the party
could not apply to RA within
the prescribed time period.
This shall be subject to
payment of 2% composition
fee on duty saved amount in
proportion to the shortfall at
the end of first block in terms
of the provisions of Para 5.14
(c) of HBP 2015-20; and
(b) extension in EOP for 2 years
against 2 EPCG authorization
nos.
unt in
proportion to the shortfall at
the end of first block in terms
of the provisions of Para 5.14
(c) of HBP 2015-20; and
(b) extension in EOP for 2 years
against 2 EPCG authorization
nos.
3030003527
dated
26.12.2007 & 3030003123
dated
29.08.2007
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.
Third party exports shall be subject to conditions prescribed in para 5.10 (d) of HBP 2015-20 read with policy circular 3 dated 02.09.2015.
M/s Pioneer Polyleathers Limited, New Delhi
01/37/218/254/AM-
16/EPCG-II
0530145467
dated
24.01.2008
EO
period
and
extension in EOP for 2
years.
The Committee noted that party has
not fulfilled the EO during the original
EOP.
The
Committee
took
into
account the submission of the party
that they have sufficient purchase
orders in hand and confident to fulfil
the EO within extended time period.
2.58 of FTP 2015-20 to allow:
(a) extension in block-wise EOP, as
of the party that they have sufficient purchase orders in hand and confident to fulfil the EO within extended time period.
2.58 of FTP 2015-20 to allow:
(a) extension in block-wise EOP, as
the party could not apply to RA
within
the
prescribed
time
period. This shall be subject to
payment of 2% composition fee
on
duty
saved
amount
in
proportion to the shortfall at the
end of first 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 Puja Printech Pvt. Ltd., Patna.
01/37/218/268/AM-
16/EPCG-II
2130000129
dated
24.05.2011
EO period.
has stated that they could not fulfill
any EO till date due to heavy
recession in the international market.
have now tied up with a third party
exporter for fulfilment of EO.
subject to payment of 2% composition fee on duty saved 2015-20.
Third party exports shall be subject to conditions prescribed in para 5.10 (d) of HBP 2015-20 read with policy circular 3 dated 02.09.2015.
M/s VEL Matches Pvt. Ltd., Sivakasi Tamilnadu
01/37/218/256/AM- 16/EPCG-II 3530003118 dated 19.02.2008 i.
para 5.10 (d) of HBP 2015-20 read with policy circular 3 dated 02.09.2015.
M/s VEL Matches Pvt. Ltd., Sivakasi Tamilnadu
01/37/218/256/AM-
16/EPCG-II
3530003118
dated
19.02.2008
i. Acceptance
of
installation
certificate
from
chartered engineer
in lieu of central
excise.
ii. Condonation
of
delay in installation
of
the
capital
goods.
has fulfilled their entire EO within
original EOP.
has obtained the installation certificate from the chartered engineer instead of Central Excise authority and which is after the prescribed time period of 18 months from the date of completion of import of Capital Goods.
The Committee decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow acceptance of installation certificate from chartered engineer in lieu of Central Excise and condonation of delay in installation of capital goods subject to payment of composition fee of Rs.5000/ subject to submission of verification certificate from Central Excise Authority that the capital goods are installed in their premises.
M/s SPM Autocomp systems Pvt. Ltd., Gurgaon.
01/37/218/261/AM- 16/EPCG-II 0530145549 dated 06.02.2008 EO. has fulfilled their entire EO in the second block period.
subject to payment of 2% composition fee on duty saved 2015-20.
M/s Tata Steel Limited, Mumbai
01/37/218/222/AM- 16/EPCG-II 0230009348 dated 23.02.2014 Extension in time for installation of capital goods.
position fee on duty saved 2015-20.
M/s Tata Steel Limited, Mumbai
01/37/218/222/AM-
16/EPCG-II
0230009348
dated
23.02.2014
Extension in time for
installation of capital
goods.
submission of the party that the
installation of Capital Goods has to be
done in the existing steel ladles and
cars which are in regular operation
and could be spared only during
planned shutdown for relining or
major maintenance work. Party has
stated that such shutdown was
available
only
by
the
end
of
December 2015.
extension in time for submission of installation certificate up to 31st March, 2016, subject to payment of composition fee of Rs.5000/-.
M/s Pearl Engineering Co., New Delhi.
01/37/218/49/AM-
16/EPCG-II
0530136925
dated
03.09.2004
Acceptance
of
installation
certificate
issued
by
chartered
engineers
instead
of
central excise.
has fulfilled 94.37% EO during the
EOP.
submission of the party that they had imported the capital goods and obtained the installation certificate issued by chartered engineer. They
ise.
has fulfilled 94.37% EO during the
EOP.
submission of the party that they had imported the capital goods and obtained the installation certificate issued by chartered engineer. They
have further submitted that the Central Excise authorities have refused to issue installation certificate as the machines were installed more than 11 years back.
case decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow acceptance of installation certificate issued by chartered engineer instead of central excise authority for redemption purposes subject to payment of composition fee of Rs.5000/- and submission of verification certificate from Central Excise Authority that the imported capital goods are installed in their premises.
M/s Times Enterprises, Hosur.
01/37/218/217/AM-
15/EPCG-II
0430004453
dated
19.12.2006
EO period.
has fulfilled 150% EO in second block
period.
subject to payment of 2% composition fee on duty saved 2015-20.
M/s Sugu Fabrics & Linings, New Delhi.
01/37/218/243/AM-
16/EPCG-II
0530141899
dated
06.09.2006
EO
period
and
extension in EOP for 2
years.
The Committee noted that the RA has
reported that the party has claimed to
have fulfilled 100% EO through 3rd
party exports during the second block
period but have not been able to
produce documents supporting third
party exports. The Committee also
took into account the fact that party
has
submitted
copies
of
export
orders.
cond block period but have not been able to produce documents supporting third party exports. The Committee also took into account the fact that party has submitted copies of export orders.
2.58 of FTP 2015-20 to allow:
(c) extension in block-wise EOP, as the party could not apply to RA within the prescribed time period. This shall be subject to payment of 2% composition fee on duty saved amount in proportion to the shortfall at the end of first block in terms of the provisions of Para 5.14 (c) of HBP 2015-20; and
(d) 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 Shri Govindraja Textiles (P) Ltd., Aruppukottai.
01/37/218/236/AM-
16/EPCG-II
3530002900
dated
05.10.2007
EO period.
has fulfilled 32.95% EO during 1st
block period and entire EO during the
second block period.
subject to payment of 2% composition fee on duty saved 2015-20.
M/s Vibe Fashion Apparel Pvt. Ltd., New Delhi.
01/37/218/264/AM-
16/EPCG-II
0530145416
dated
14.01.2008
Extension in EOP for 2
years.
has not fulfilled any EO during their
original EOP.
M/s Vibe Fashion Apparel Pvt. Ltd., New Delhi.
01/37/218/264/AM-
16/EPCG-II
0530145416
dated
14.01.2008
Extension in EOP for 2
years.
has not fulfilled any EO during their
original EOP. The Committee took
into account the submission of the
party that they have sufficient export
orders in hand and are confident to
fulfil the EO within the extended time
period.
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 Superon Schweisstechnik India Ltd., New Delhi. 0530161903 dated 26.11.2013 Acceptance of installation certificate issued by chartered case and decided to reject the request of the party, stating that all
hnik India Ltd., New Delhi. 0530161903 dated 26.11.2013 Acceptance of installation certificate issued by chartered case and decided to reject the request of the party, stating that all
01/37/218/239/AM-
16/EPCG-II
0530162612
dated
21.04.2014
0530163136
dated
30.07.2014
0530163286
dated
28.08.2014
0530143385
dated
15.09.2014
engineer
instead
of
Central Excise.
the authorisations have been issued
in AM 2013 and AM 2014 and party
may
approach
Central
Excise
Authority for issuance of installation
certificates as per policy.
27.
M/s Pearl Engineering Co,
New Delhi
01/37/218/50/AM-
16/EPCG-II
0530141826
dated
29.08.2006
Acceptance
of
installation
certificate
issued
by
chartered
engineer
instead
of
central excise.
The
Committee
noted
that
the
request of the party was earlier
placed before the EPCG Committee
meeting held on 21.09.2015 wherein
representative of DOR had stated that
they need to call for comments from
concerned central excise authority
regarding the capital goods being
physically available at the premises of
the party in respect of the party’s
request for acceptance of installation
certificate
issued
by
chartered
engineer.
DoR Vide their OM dated 19.11.2015,
has submitted a verification report
dated
03.11.2015
from
the
Jurisdictional Central Excise stating
that the machinery imported under
EPCG authorization no. 05301141826
dated 29.08.2006 is available at the
premises of B- 94/95, Mayapuri
Industrial Area, Phase – I, New Delhi.
ral Excise stating that the machinery imported under EPCG authorization no. 05301141826 dated 29.08.2006 is available at the premises of B- 94/95, Mayapuri Industrial Area, Phase – I, New Delhi.
case decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow acceptance of installation certificate issued by chartered engineer instead of Central Excise Authority for redemption purposes subject to payment of composition fee of Rs.5000/-.
M/s Sunrise Industries (India) Ltd., Gujarat.
01/37/218/148/AM-
16/EPCG-II
3430002244
dated
21.09.2012
3430002289
dated
03.12.2012
Extension in time for
installation of capital
goods.
submission of the party that they had
imported the capital goods between
17.10.2012
and
14.12.2012. The
Committee took into account the
could not install the imported capital
goods within time because of the
non-availability of land and delay in
completing the legal formalities for
acquisition of land.
The Committee, deliberated upon the case and decided to recommend to DG for relaxation under Para extension in time up to 31.12.2016 for installation of capital goods subject to payment of composition fee of Rs. 5000/- for each
d decided to recommend to DG for relaxation under Para extension in time up to 31.12.2016 for installation of capital goods subject to payment of composition fee of Rs. 5000/- for each
authorization and submission of verification certificate from central excise authority that the imported capital goods are physically available in their premises.
M/s Reliance Industries Limited, Mumbai.
01/37/218/263/AM-
16/EPCG-II
Extension in time for installation of
capital goods upto September, 2016 in
respect of 8 EPCG authorizaiton nos.
0330036031
dated
06.06.2013,
0330036698
dated
02.09.2013,
0330037337
dated
28.11.2013,
0330037408
dated
09.12.2013,
0330037623
dated
02.01.2014,
0330038309
dated
13.03.2014,
0330038417 dated 25.03.2014 and
0330038920 dated 04.06.2014.
submission of the party that they had
imported the capital goods between
July, 2014 and September, 2014.
The party has stated that the delay in
installation has been due to enormity
of the project, and complexity in
terms of size and cost.
extension in time for submission of installation certificate up to September, 2016 subject to payment of composition fee of Rs. 5000/- for each authorization.
M/s Bhaskar Industries Pvt. Ltd., Bhopal.
01/36/218/30/AM-
16/EPCG-I
1130000550
dated
03.01.2006
EO period.
has fulfilled their entire specific EO as
well as average EO during the second
block period.
subject to payment of 2% composition fee on duty saved 2015-20.
.2006
EO period.
has fulfilled their entire specific EO as
well as average EO during the second
block period.
subject to payment of 2% composition fee on duty saved 2015-20.
M/s Bharat Aluminium Company Limited, Korba
01/36/218/145/AM- 12/EPCG-I
Permission for grant of EPCG authorization for import (domestic procurement through invalidation route) of 159 nos. of BTAP Wagons and 3 no. of Break Van type BVZI for pre and post production activity. submission of the party that:
a. These wagons are fitted with special equipments such as Air Fluidization System and Air Brake Systems, as the raw material and finished product cannot be carried in any other wagons as they get spoiled, due to chemical properties and will not be fit for use if carried in normal wagons. b. These wagons are specially designed for carrying Alumina product from one factory to other factory and operate exclusively for this purpose; c. These wagons will not be leased
wagons. b. These wagons are specially designed for carrying Alumina product from one factory to other factory and operate exclusively for this purpose; c. These wagons will not be leased
to the railways and these are for their own captive use.
The Committee noted that the before the EPCG Committee meeting held on 19.06.2015, but was deferred due to non-receipt of comments from Department of Heavy Industry.Department of Heavy Industry vide their letter dated 12.08.2015 have furnished their comments. They have stated that these wagons will be used to carry calcined Alumina from Lanjigarh, Orissa to Korba for the manufacture of Aluminium ingots. Calcined Alumina is required to be carried in seal tight containers (wagons) for preventing it from contamination to preserve its intrinsic metallurgical properties. Under Liberalized wagon Investment Scheme, Railway Board has permitted Special purpose wagon for movement over specific close circuits from and to a private siding vide order dated 08.12.2014. DHI has no objection for the Domestic procurement of these specialized wagons though invalidation route from Texmaco. The Committee taking into account the details furnished by the party and comments of the technical member decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow import of 159 nos. of BTAP and 3 nos.
he details furnished by the party and comments of the technical member decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow import of 159 nos. of BTAP and 3 nos. of Break Van type BVZI wagons to the party with the conditions that these will strictly be under ‘actual user’ condition and shall not be leased to the Railways and shall not be used for general transport or for leasing purposes.
M/s Bliss Anand Pvt. Ltd., Bawal
01/36/218/230/AM- 16/EPCG-I 0530136117 dated 23.04.2004 Regularization of shifting of capital goods. has fulfilled 225% EO within the original EO period.
submission of the party that the capital goods were installed at their unit located at Plot No. 92 B & 93 B, Sector – 5, Manesar, Gurgaon. They further informed that they had already shifted the capital goods to their unit located at Plot No. 240, Sector – 3, IGC, Bawal (Rewari). They had intimated the Central Excise authority for shifting the entire unit from Manesar to Bawal and also obtained the installation certificate from Central Excise Authority for their Bawal Unit.
had intimated the Central Excise authority for shifting the entire unit from Manesar to Bawal and also obtained the installation certificate from Central Excise Authority for their Bawal Unit.
case and decided to regularize the
shifting of capital goods from Plot No.
92 B & 93 B, Sector – 5, Manesar,
Gurgaon to their unit located at Plot
No. 240, Sector – 3, IGC, Bawal
(Rewari) subject to payment of
composition fee of Rs. 5000/-.
33.
M/s Essar Steel India
Limited, Surat.
01/36/218/228/AM-
16/EPCG-I
0330021116
dated
27.08.2008
0330022057
dated
16.12.2008
0330022069
dated
17.12.2008
0330022552
dated
27.02.2009
Condonation of delay in
installation of Capital
Goods.
has fulfilled their entire EO within
time.
submission of the party that they had imported the capital goods within time, but could not install the capital goods due to delay in getting permission from different statutory authorities i.e. forest clearance from MOEF, and labour related issues.
The Committee 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/ for each authorization.
M/s Krishnapatnam Port Company Limited, Visakhapatnam
18/08/AM-16/P-5
Issuance of EPCG authorization for import of heavy duty trailers with Jeep under EPCG Scheme. case and it was decided to withdraw the case for examination on file. 35.
8/08/AM-16/P-5
Issuance of EPCG authorization for import of heavy duty trailers with Jeep under EPCG Scheme. case and it was decided to withdraw the case for examination on file. 35. M/s High Street Fashions Limited, Jaipur
01/36/218/28/AM-
14/EPCG-I
1330001583
dated
13.04.2007
1330001584
dated
13.04.2007
1330001585
dated
13.04.2007
1330001670
dated
23.08.2007
Clubbing
of
EPCG
authorizations.
The
Committee
noted
that
the
request of the party for counting of
excess exports made against the
three
EPCG
authorizations
(i.e.1330001583
1330001584
and
1330001585
dated
13.04.2007),
already clubbed and redeemed under
fast track provision for the Export
Obligation fulfilment of fourth EPCG
authorization (i.e. 1330001670 dated
23.08.2007) was placed before the
EPCG Committee meeting held on
27.04.2015.
The decision of the Committee is as under:
The Committee noted that as per the report of RA, Jaipur the party has clubbed three authorizations and fulfilled 90% EO. The said three authorizations were redeemed under fast track provision as per Para 5.9 of FTP 2009-14 / Para 5.09 of FTP 2015- 20 .
The Committee decided that RA should first revise the EODC’s issued against 3 clubbed EPCG authorizations issued to the party by deleting the extra shipping bills which
of FTP 2015- 20 .
The Committee decided that RA should first revise the EODC’s issued against 3 clubbed EPCG authorizations issued to the party by deleting the extra shipping bills which
the party wants to utilise for redemption of 4th EPCG authorisation and then consider EODC against the 4th EPCG authorization No. 1330001670 dated 23.04.2007 with following conditions:
i) The counting of excess exports made against 3 EPCG authorization nos. 1330001583 dated 13.04.2007, 1330001584 dated 13.04.2007, 1330001585 dated 13.04.2007 for fulfilment of EO of 4th EPCG authorization no. 1330001670 dated 23.04.2007 will be subject to the condition that the exports made are w ithin the validity period of EPCG Authorizations and that there is no double counting of shipping Bills, all shipping bills are for direct exports and not third party exports and are not free shipping bills.
ii) A composition fee of Rs 200 per shipping bill would be charged for such shipping bills which are being considered for fulfilment of EO in respect of other EPCG authorizations.
RA jaipur subsequently informed that
some of the shipping bills counted for
E.O.
fulfilment
are
before
the
issuance of the EPCG authorisation
no. 1330001670.
Thereafter, the Committee received a
letter from the party, requesting to
club
the
fourth
authorisation
(1330001670 dated 23.08.2007) to
the already clubbed and redeemed
three authorisations.
A factual report from RA was called.
ter from the party, requesting to club the fourth authorisation (1330001670 dated 23.08.2007) to the already clubbed and redeemed three authorisations.
A factual report from RA was called. The RA informed that the party has submitted the said original EODC to the customs to release their Bank Guarantee. The customs authorities vide letter no VIII (20)46/ICD- KKU/EPCG/JPR/07/2302 dt. 24.02.2016 have informed that the BGs of the clubbed and redeemed 3 authorisations have already been released by them.
case and decided to reject the request of the party to club authorization no. 1330001670 dated 23.08.2007 (EO period for which has expired), with already clubbed and redeemed 03 EPCG authorizations no.1330001583, 1330001584 and 1330001585 dated 13.04.2007 in view of the fact that the BGs of the redeemed authorisations have been released by customs and there is no provision of clubbing authorizations
with already clubbed and redeemed authorizations.
The Committee also rejected the earlier request of counting excess exports of already clubbed and redeemed 3 authorizations on the ground that the exports are prior to the date of issuance of authorisation no 1330001670 dated 23.08.2007.
The Committee directed the RA to initiate ECA action against the party for EO default in respect of the authorization 1330001670 dated 23.08.2007. 36. M/s Arunodaya Marble (P) Ltd., Rajsamand.
01/36/218/84/AM- 13/EPCG-I 1330000513 dated 29.03.2004 Extension in EOP for 6 months from the date of approval.
330001670 dated 23.08.2007. 36. M/s Arunodaya Marble (P) Ltd., Rajsamand.
01/36/218/84/AM- 13/EPCG-I 1330000513 dated 29.03.2004 Extension in EOP for 6 months from the date of approval. The Committee noted that the request of the party for extension in EOP for 2 years in respect of subject authorization was placed before the EPCG Committee meeting held on 18.09.2012, wherein it was decided to allow block wise EOP extension and extension in EOP for 2 years. The Committee observed that even after the extension in EO for two years granted by the Committee, the party has failed to fulfil any export obligation. The party had again represented for second EO extension which was rejected by this Directorate.
case and decided to reject the
request of the party for extension in
EOP for 6 months as the party had
not made any exports after grant of
the first EOP extension which was
allowed in relaxation of procedure.
37.
M/s
CG
Galva
India,
Guwahati
01/36/218/130/AM-
16/EPCG-I
0530150416
dated
19.11.2009
Review of decision of
the EPCG Committee
meeting
dated
26.10.2015
regarding
re-export
of
capital
goods.
The
Committee
noted
that
the
before the EPCG Committee Meeting
held on 26.10.2015 for grant of
permission to re-export the capital
goods imported under the EPCG
scheme on the grounds that they
were
unable
to
start
their
manufacturing activity due to change
in policies of Government of Assam
and the same was rejected in view of
the provisions of para 5.25 of HBP
2015-20.
that they were unable to start their manufacturing activity due to change in policies of Government of Assam and the same was rejected in view of the provisions of para 5.25 of HBP 2015-20.
The Committee noted that party had applied for review of the Committee decision. The Committee observed that the capital goods were imported in 2009. The Committee asked the representative of the party to explain the reasons for delay of approximately 6 years even when the changes in government policy had been brought about in 2009 itself when the EPCG authorization was availed by them.
The Committee did not accept the
contention of the party that they had
been awaiting the response from
Government of Assam to reverse the
policy
changes
and
decided
to
maintain the earlier decision of the
EPCG Committee meeting held on
26.10.2015.
38.
M/s
Panacea
Biotec
Limited, New Delhi
01/37/218/79/AM- 16/EPCG-II 0530156084 dated 26.07.2011 0530156585 dated 27.09.2011 0530155472 dated 01.05.2011 0530155575 dated 25.05.2011 0530157750 dated 27.02.2012 0530157805 dated 02.03.2012 0530160247 dated 29.01.2013 Waiver of annual average EO. case and decided to defer it with directions to obtain the following information from the party:
i) C.A. certificate giving details of items (Vaccines) manufactured and exported by the party during the period of ban i.e.
th directions to obtain the following information from the party:
i)
C.A. certificate giving details of
items (Vaccines) manufactured
and exported by the party
during the period of ban i.e.
18.08.2011 to 02.10.2013;
ii)
Details
of
items
(vaccines)
which were delisted/banned by
the
WHO
and
were
being
exported by the party prior to
the ban; and
iii)
All items, on the basis of which
average EO was fixed.
M/s Tata Steel Limited, Mumbai
01/37/218/15/AM-
15/EPCG-II
0230001517
dated
09.05.2006
0230004947
dated
16.02.2010
0230004986
dated
02.03.2010
0230006236
dated
17.01.2011
Acceptance
of
installation
certificate
issued
by
Chartered
Engineer
instead
of
central excise.
The Committee noted that earlier the
before the EPCG Committee meeting
held
on
23.11.2015,
wherein
Committee directed the company to
obtain installation certificate from
central
excise
authority
in
the
remaining
authorizations
and
thereafter, they may approach the
Committee for condonation of delay
in obtaining installation certificate.
submission of the party that they had imported the capital goods and installed, commissioned and operated the capital goods for the project at Jamshedpur. They have already obtained the installation certificate from chartered engineer confirming that the capital goods have been installed and are in operation as part of the expansion project. However, as it is an operating plant, it is difficult to physically verify the same.
confirming that the capital goods have been installed and are in operation as part of the expansion project. However, as it is an operating plant, it is difficult to physically verify the same. Thus, they were not able to obtain the installation certificate from Central Excise authority.
case decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow acceptance of installation certificate issued by chartered engineer instead of central excise authority subject to payment
of composition fee of Rs.5000/- for each authorization and subject to submission of verification certificate from central excise authority that the imported capital goods are physically available in their premises.
M/s Wellknown Polyesters Limited, Mumbai
01/37/218/192/AM- 15/EPCG-II 0330032343 dated 30.03.2012 0330032860 dated 12.06.2012 0330033012 dated 26.06.2012 0330033621 dated 07.09.2012 0330033622 dated 07.09.2012 Inclusion of export product i.e. polyester texturised yarn. The Committee noted that the before the EPCG Committee held on 18.12.2015 and was rejected on the grounds that zero percent EPCG scheme was not available for units availing TUFS benefits when the authorizations were availed by the party and the FTP does not provide for undertaking additional export obligation by export of value added products.
case and decided to defer it for
further
examination
on
file
and
obtaining comments of DoR.
41.
rovide for undertaking additional export obligation by export of value added products.
case and decided to defer it for
further
examination
on
file
and
obtaining comments of DoR.
41.
Clarification
sought
by
RA, Madurai
01/37/218/136/AM-
16/EPCG-II
3530002482
dated
26.03.2007
3530002483
dated
26.03.2007
3530002484
dated
26.03.2007
The EPCG Committee’s
decision of 26.10.2015
has
allowed
EOP
extension in relaxation
of para 5.17 (b) of HBP
2015-20.
Clarification
has been sought by RA,
Madurai in this matter.
case and decided to withdraw the
same for examination on file.
42.
M/s Sesa Sterlite Limited,
Odisha
01/37/218/28/AM- 16/EPCG-II
Permission for grant of
EPCG authorization for
import
of
(domestic
procurement
through
invalidation route) 159
nos. of BTAP wagons
and 3 nos. of Break
Van type BVZI for pre-
post
production
activity.
submission of the party that:
a. These wagons are fitted with special equipments such as Air Fluidization System and Air Brake Systems, as the raw material and finished product cannot be carried in any other wagons as they get spoiled, due to chemical properties and will not be fit for use if carried in normal wagons. b. These wagons are specially designed for carrying Alumina product from one factory to other factory and operate exclusively for this purpose; c.
fit
for use if carried in normal
wagons.
b.
These wagons are specially
designed
for
carrying
Alumina product from one
factory to other factory and
operate exclusively for this
purpose;
c.
These wagons will not be
leased to the railways and
these are for their own
captive use;
The Committee noted that the before the EPCG Committee meeting held on 19.06.2015, but was deferred due to non-receipt of comments from Department of Heavy Industry.
Department of Heavy Industry vide their letter dated 12.08.2015 have furnished their comments. They have stated that these wagons will be used to carry calcined Alumina from Lanjigarh, Orissa to Korba for the manufacture of Aluminium ingots. Calcined Alumina is required to be carried in seal tight containers (wagons) for preventing it from contamination to preserve its intrinsic metallurgical properties. Under Liberalized wagon Investment Scheme, Railway Board has permitted Special purpose wagon for movement over specific close circuits from and to a private siding vide order dated 08.12.2014. DHI has no objection for the Domestic procurement of these specialized wagons though invalidation route from Texmaco. The Committee taking into account the details furnished by the party and comments of the technical member decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow import of 159 nos. of BTAP and 3 nos.
t the details furnished by the party and comments of the technical member decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow import of 159 nos. of BTAP and 3 nos. of Break Van type BVZI wagons to the party with the conditions that these will strictly be under ‘actual user’ condition and shall not be leased to the Railways and shall not be used for general transport or for leasing purposes.
M/s Shri Govindraja Textiles (P) Ltd., Aruppukottai.
01/37/218/237/AM-
16/EPCG-II
3530002957
dated
02.11.2007
3530002993
dated
28.11.2007
Extension in EOP for 2
years.
have not fulfilled any EO till date due
to
severe
recession
in
the
international market. However, now
they have sufficient export orders in
hand and are confident to fulfil the
EO within extended time period.
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 Malabar Co- Operative Textiles Limited, Kerala. 1030000763 dated 18.01.2006 i. Extension in EOP for 4 years. ii. Removal from have not fulfilled any EO till date due
e period.
The Malabar Co- Operative Textiles Limited, Kerala. 1030000763 dated 18.01.2006 i. Extension in EOP for 4 years. ii. Removal from have not fulfilled any EO till date due
01/37/218/122/AM- 15/EPCG-II DEL. to severe recession in the international market. The Committee had called for copies of export order which the party has now submitted.
2.58 of FTP 2015-20 to allow:
(a) first extension in EOP for 2 years on payment of composition fee equal to 2% of proportionate duty saved amount on unfulfilled EO or an 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. (b) Second extension in EOP for further two years on payment of 50% of duty as per Para 5.11 of HBP (RE: 2006).
The request of the party for removal of name from DEL will be examine by RA concerned for a decision as appropriate.
M/s Highland Produce Company Limited, Cochin
01/36/218/85/AM- 16/EPCG-I 1030001279 dated 09.01.2008 Transfer of EPCG authorization on the basis of slump sale. The Committee noted that the before the EPCG Committee meeting held on 25.02.2016, wherein it was decided to defer the case for further examination. The matter was brought to the Committee as the party was reminding. On examination it has been noticed that the MOU signed between the two parties is not registered.
se for further examination. The matter was brought to the Committee as the party was reminding. On examination it has been noticed that the MOU signed between the two parties is not registered.
It was therefore decided to defer the case and advised the party to get the MOU registered and furnish a copy of registered deed/ MOU.
M/s Kivi Sansho Packaging Pvt. Ltd., Manipal
01/36/218/115/AM-
16/EPCG-I
0730007467
dated
06.10.2008
0730007682
dated
16.12.2008
0730007683
dated
16.12.2008
0730007825
dated
13.02.2009
0730008060
dated
i.
Transfer of EPCG
authorization
on
the basis of slump
sale agreement.
ii.
Extension
of
block-wise
EO
period.
The Committee noted that the said
authorizations were issued to M/s Kivi
Sansho Packaging Pvt. Ltd., and the
capital goods were transferred to M/s
Shyam Prabha Creations Pvt. Ltd., on
slump sale basis.
The Committee noted the submission of the party that vide transfer agreement dated 05.03.2014 between M/s Kivi Sansho Packaging Pvt. Ltd., (authorization holder) and M/s Shyam Prabha Creations Pvt. Ltd. the latter has taken over all the
ty that vide transfer agreement dated 05.03.2014 between M/s Kivi Sansho Packaging Pvt. Ltd., (authorization holder) and M/s Shyam Prabha Creations Pvt. Ltd. the latter has taken over all the
22.06.2009 liability including export obligation of M/s Kivi Sansho Packaging Pvt. Ltd.
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 EPCG authorizations from M/s Kivi Sansho Packaging Pvt. Ltd., to M/s Shyam Prabha Creations Pvt. Ltd., on account of slump sale subject to:
i) Submission of fresh BG/LUT Bond. ii) All the terms and conditions of the EPCG authorizations including specific EO will remain same. iii) In case the transferee company exports same and similar items then transferee company would maintain its own average EO in addition to average EO under these authorizations however, this should not be less than original average EO.
subject to payment of 2% composition fee on duty saved 2015-20.
M/s Bharath Coal Chemicals Limited, Chennai.
01/36/218/58/AM- 15/EPCG-I 0430008967 dated 15.09.2010 0430009726 dated 30.03.2011 0430010086 dated 20.07.2011 0430010120 dated 28.07.2011 i) Regularization of shifting of CGs from Haldia in West Bengal to Odisha, as the project is now being set up in Odisha state. ii) Block-wise EOP extension, such that the EOP is a fresh fixed block wise from the date of allocation of the land to them by Odisha Government.
is now being set up in Odisha state. ii) Block-wise EOP extension, such that the EOP is a fresh fixed block wise from the date of allocation of the land to them by Odisha Government. iii) Condonation of delay in installation of CGs. iv) Waiver of composition fee. The Committee noted that the before the EPCG Committee meeting held on 24.07.2014 wherein it was decided that: a. The firm may approach RA for condonation of block-wise EO as RA can extend the first block if approached within 3 months from the date of expiry of the block; b. The firm will clearly bring out in their representation as to what relaxations they need to regularize their case; c. Before making request for regularization of shifting of capital goods and condonation of delay in installation of capital goods, the firm shall obtain a certificate from Central Excise that the goods are in their possession and are kept at their factory premises located in
n of delay in installation of capital goods, the firm shall obtain a certificate from Central Excise that the goods are in their possession and are kept at their factory premises located in
Odisha. The firm shall also get the addresses of their Odisha unit endorsed on IEC and RCMC.
The Committee further took in to account the submission of the party that the project had not gained momentum and they have now been assured by Government of Odisha that they would be allocated land under the PCPIR Zone for setting up of their project.
The Committee, deliberated upon the case and decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow:
i)
Regularizations of shifting of
capital goods from Haldia in
West
Bengal
to
Odisha
subject
to
payment
of
composition fee of Rs. 5000/-.
ii)
Extension in block-wise EOP,
as the party could not apply to
RA within the prescribed time
period. This shall be subject to
payment of 2% composition
fee on duty saved amount in
proportion to the shortfall at
the end of first block in terms
of the provisions of Para 5.14
(c) of HBP 2015-20.
The Committee decided that condonation of delay in installation of capital goods is possible only after the party is allocated land the capital goods have been installed.
M/s Gayatri Suitings Limited, Bhilwara.
t condonation of delay in installation of capital goods is possible only after the party is allocated land the capital goods have been installed.
M/s Gayatri Suitings Limited, Bhilwara.
01/36/218/73/AM-
16/EPCG-I
1330001880
dated
25.07.2008
1330001944
dated
26.09.2008
1330001964
dated
31.10.2008
1330002452
dated
04.02.2010
1330002629
dated
16.06.2010
1330002836
dated
07.12.2010
1330002863
dated
30.12.2010
1330003097
dated
03.08.2011
i.
Transfer of EPCG
authorization from
M/s Gayatri Suitings
Limited
to
M/s
Suam Overseas Pvt.
Ltd., under slump
sale.
ii. Extension of block-
wise EO period and
extension in EOP
for
2
years
in
respect of 2 EPCG
authorization
nos.
1330001880 dated
25.07.2008
&
1330001964 dated
31.10.2008.
The Committee noted that the said
authorizations were issued to M/s
Gayatri Suitings Ltd., and the capital
goods were transferred to M/s Suam
Overseas Pvt. Ltd., on slump sale
basis.
The Committee noted the submission of the party that vide transfer agreement between M/s Gayatri Suitings Ltd., (authorization holder) and M/s Suam Overseas Pvt. Ltd., the latter has taken over their spinning unit including export obligation of M/s Gayatri Suitings Ltd.
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 EPCG authorizations from M/s Gayatri Suitings Ltd., to M/s Suam Overseas
n the case and decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow transfer of EPCG authorizations from M/s Gayatri Suitings Ltd., to M/s Suam Overseas
1330003102 dated 05.08.2011 1330003229 dated 07.12.2011 Pvt. Ltd., on account of slump sale subject to:
i) Submission of fresh BG/LUT. ii) All the terms and conditions of the EPCG authorizations including specific EO and average EO will remain same. iii) In case the transferee company exports same and similar items then transferee company would maintain its own average EO in addition to average EO under these authorizations however, this should not be less than original average EO.
could not fulfill any EO till date due to recession in international market, volatility in raw material prices and continuous losses. The party became Sick under section 3(1) (o) of the SICA 1985 and could not arrange payment of interest & instalments of the term loan account and working capital limits availed from State Bank of India (SBI) in 2012. Company’s bank account turned to NPA with the bank. The unit of the company got closed in 2013.
2.58 of FTP 2015-20 to allow:
i.) extension in block-wise EOP against authorization nos. 1330001880 dated 25.07.2008 & 1330001964 dated 31.10.2008, as the party could not apply to RA within the prescribed time period.
i.)
extension in block-wise EOP
against
authorization
nos.
1330001880 dated 25.07.2008
&
1330001964
dated
31.10.2008, as the party could
not apply to RA within the
prescribed time period. This
shall be subject to payment of
2% composition fee on duty
saved amount in proportion to
the shortfall at the end of first
block in terms of the provisions
of Para 5.14 (c) of HBP 2015-
20; and
ii.) extension in EOP for 2 years
against
authorization
nos.
1330001880 dated 25.07.2008
&
1330001964
dated
31.10.2008
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 Naklank Enterprise Pvt. Ltd., Vadodara.
18/34/AM-16/P-5 3430000661 dated 05.09.2005 To allow automatic EO extension of EPCG authorization as per
para 5.11.3 of HBP
2009-14 for the period
during which there was
a ban on export of
items endorsed for EO
fulfilment under EPCG
scheme.
has requested to allow automatic EO
extension as per para 5.11.3 due to
ban on wheat export from 08.10.2007
to 09.09.2011. The RA has not
allowed it on the ground that since
there are endorsements of other
grains on authorization, they could
have exported any other grain. The
Committee concurred with the view of
RA and did not accept the request
for automatic extension under para
5.11.3 of HBP 2009-14.
50.
M/s Quilon Hotels and
Resorts Pvt. Ltd., Kollam
01/37/218/304/AM-
16/EPCG-II
5330000996
dated
15.09.2006
Extension in EOP for
one year.
has fulfilled 98.55% EO during the
original EOP.
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 5.17 (b) of HBP 2015-20, as the party could not apply to RA within the prescribed time period.
DGFT = Directorate General of Foreign Trade, DG = Director General, FTP = Foreign Trade Policy, HBP v1 = Handbook of Procedure Vol.
ty could not apply to RA within the prescribed time period.
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.
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