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 14:30 Hours ON 30.06.2016.
Following officers attended the meeting:
a. Shri AkashTaneja, 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 A.S. Chauhan, Foreign Trade Development Officer, DGFT g. Shri S.K. Panigrahi, Economic Officer, DGFT
II. Minutes of the last Meeting held on 30.05.2016 were confirmed.
III. The Committee deliberated upon all the cases and following decisions were taken:
Sl.
No.
Firm’s Name and
Numbers
EPCG
Authorisati
on No.
Subject
Decision of the Committee
1.
M/s
Happy
Forgings
Limited, Ludhiana
01/36/218/54/AM- 17/EPCG-I 3030010505 dated 01.02.2013 Condonation of delay in submission of installation certificate. The Committee took into account the submission of the party that they had obtained the installation certificate from the Chartered Engineer within 06 months from the date of import of Capital Goods. Thereafter, they had approached Central Excise for issuance of installation certificate. The Central Excise authorities visited their unit on 27.10.2015 and issued an installation certificate stating that the Capital Goods are installed in their factory/premises.
n certificate. The Central Excise authorities visited their unit on 27.10.2015 and issued an installation certificate stating that the Capital Goods are installed in their factory/premises.
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
Grove
Limited,
Cochin.
01/36/218/32/AM-
17/EPCG-I
1030001239
dated
07.11.2007
1030001240
dated
07.11.2007
1030001257
dated
05.12.2007
1030001311
dated
13.03.2008
Extension of block-wise
EO and extension in
EOP for 2 years.
submission of the party that they have
fulfilled
47%
EO
against
the
authorization no. 1030001239 dated
07.11.2007 and were unable to fulfil
the pending EO due to depressed
market conditions and cancellation of
export orders. However, at present
they have export orders in hand and
are confident to fulfil the same within
extended EO 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:
and
are confident to fulfil the same within
extended EO 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:
a)
extension of 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
5.8.3 of HBP 2004-09; and
b) extension of EOP for 2 years on
payment of composition fee equal
to 2% of proportionate duty saved
amount on unfulfilled EO or an
enhancement in EO imposed to the
extent of 10% of total EO at the
choice of exporter, for each year of
extension
sought
in
terms
of
provisions contained in Para 5.11 of
HBP 2004-09, as the party could
not
apply
to
RA
within
the
prescribed time period.
M/s Alchymars ICM SM Pvt. Ltd., Chennai.
01/36/218/28/AM-
17/EPCG-I
0430002819
dated
14.07.2005
EOP.
The Committee took in to account the
submission of the party that due to stiff
competition and market situation they
could not complete the first block EO.
The Committee noted that they have
fulfilled their entire EO during 2nd block
period.
of FTP 2015-20 to allow extension of block-wise EOP, as the party could not apply to RA within the prescribed time period.
d that they have fulfilled their entire EO during 2nd block period.
of FTP 2015-20 to allow extension of 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 5.8.3 of HBP 2004- 09.
M/s Arjun Agro Foods, Ludhiana.
01/36/218/35/AM-
17/EPCG-I
3030004798
dated
08.12.2008
EOP.
The Committee took in to account the
submission of the party that they have
fulfilled their entire EO during 2nd block
period.
The Committee deliberated upon the block-wise EOP, as the party could not 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 5.8.3 of HBP 2004- 09.
M/s Dharampal Premchand Limited, Noida.
01/36/218/37/AM-
14/EPCG-I
0530138430
dated
11.04.2005
i. Extension of block-
wise EO, extension
of
EOP
upto
11.10.2016.
ii. Inclusion
of
alternate
export
products rice.
iii. Permission to shift
the capital goods.
The party was given a PH by the
committee. Party has requested for
postponement of PH to the next
Committee meeting in view of their
inability to attend on the given date.
case and decided to defer the case on
the request of the party.
6.
M/s
Janki
Newsprint
Limited, Delhi.
to the next
Committee meeting in view of their
inability to attend on the given date.
case and decided to defer the case on
the request of the party.
6.
M/s
Janki
Newsprint
Limited, Delhi.
01/36/218/145/AM-
15/EPCG-I
0530136780
dated
12.08.2004
0530138461
dated
21.04.2005
0530138462
dated
21.04.2005
0530142266
dated
31.10.2006
0530143070
dated
14.02.2007
i.
Extension
of
block-wise
EO
period
&
extension of EOP
for 2 years in
respect of EPCG
authorization no.
0530143070
dated
14.02.2007; and
ii.
Acceptance
of
installation
certificate issued
by
Chartered
Engineer instead
of Central Excise
Department
against 5 EPCG
authorizations
Nos. 0530136780
dated 12.08.2004,
0530138461
dated 21.04.2005,
0530138462
dated 21.04.2005,
0530142266
dated 31.10.2006
and 0530143070
dated 14.02.2007.
claim of the party that they have
fulfilled EO through third party exports
in 4 authorisations which are under
examination by RA. The Committee
noted that party has requested for
block-wise EO extension and EOP for
two
years
in
authorization
no.
0530143070 dated 14.02.2007. Party
has submitted copies of purchase
order.
a) amount in proportion to the extension sought in terms of HBP 2004-09, as the party could not apply to RA within the
The Committee noted that the Central Excise authorities vide their letter dated 31.05.2016 have stated that they have
terms of HBP 2004-09, as the party could not apply to RA within the
The Committee noted that the Central Excise authorities vide their letter dated 31.05.2016 have stated that they have
visited the premises of M/s Janki Newsprint Limited on 30.05.2016 for verification of capital goods under the subject authorization and the capital goods were available in their factory premises.
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.
M/s Eagle Press
01/36/218/49/AM-
16/EPCG-I
0430002671
dated
20.05.2005
i.
Re-fixation of
annual
average EO.
ii.
Acceptance of
installation
certificate
issued
by
Chartered
Engineer
instead
of
Central Excise.
case and decided to defer it for further
examination.
8.
M/s
Gateway
Rail
Freight Limited
01/36/218/02/AM-
17/EPCG-I
0530157269
dated
23.12.2011
Regularization
of
shifting
of
capital
goods.
The Committee noted that the place of
installation of Capital Goods as per
authorization should have been at 206-
207, Southern Park, Saket District
Centre, New Delhi. However they have
installed the Capital Goods in their ICD
situated
at
GT
Road
Sahnewal,
Ludhiana and Sri Maruti Nagar, Garahi
Harsaru
Gurgaon,
Haryana.
Party
stated that both the addresses are
mentioned in IEC and RCMC.
apital Goods in their ICD situated at GT Road Sahnewal, Ludhiana and Sri Maruti Nagar, Garahi Harsaru Gurgaon, Haryana. Party stated that both the addresses are mentioned in IEC and RCMC.
regularize the shifting of capital goods from 206-207, Southern Park, Saket District Centre, New Delhi to their ICD situated at GT Road Sahnewal, Ludhiana and Sri Maruti Nagar, Garahi Harsaru Gurgaon, Haryana subject to payment of composition fee of Rs. 5000/-. 9. M/s Kabir Foods Pvt. Ltd., Delhi.
01/36/218/46/AM- 16/EPCG-I 0530144467 dated 31.08.2007 i. Extension of EOP for 2 years. ii. Permission to shift the capital goods. submission of the party that they have already fulfilled 28.78% EO during the original EO and further they made exports of US$ 30,245 till September, 2015. They have more export orders in hand now.
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 HBP 2004-09, as the party could not period. This has the approval of DG.
The Committee noted that the party had obtained the said authorizations for their factory located at Village- Tatapur, Tehsil / Distt. Palwal, Haryana and installed the CG there. However, as a cost cutting measure, they want to install the Capital Goods in their factory situated at Village-Pritha, Distt. Palwal, Haryana.
istt. Palwal, Haryana and installed the CG there. However, as a cost cutting measure, they want to install the Capital Goods in their factory situated at Village-Pritha, Distt. Palwal, Haryana. Party stated that both the addresses are already incorporated in IEC and RCMC. The Committee, therefore, decided to allow the shifting of capital goods from their factory located at Village- Tatapur, Tehsil/Distt. Palwal, Haryana to their factory located at Village-Pritha, Distt. Palwal, Haryana. The party shall submit fresh installation certificate to RA within 6 months from the date of installation of capital goods at the new unit. 10 M/s International Trimmings & Labels India Pvt. Ltd., Bangalore.
01/36/218/18/AM-
17/EPCG-I
0730004536
dated
01.09.2006
0730004627
dated
22.09.2006
Regularization
of
shifting
of
Capital
Goods.
has fulfilled entire EO during their
original EOP.
had obtained the said authorizations
for their factory located at 47/12,
Raghvendra
Industrial
Estate,
Thigalarapalya,
Main
Road,
Near
Peenya
2nd
stage,
Bangalore.
However, they have shifted the Capital
Goods in their new factory situated at
471/A2, 12thCross, Ward No.4, 4th
Phase,
Peenya
Industrial
Area,
Bangalore. Both the addresses are
mentioned in IEC and RCMC. The party
has already obtained the installation
certificate from Central Excise authority
for their new address, where the
capital goods have been shifted.
es are mentioned in IEC and RCMC. The party has already obtained the installation certificate from Central Excise authority for their new address, where the capital goods have been shifted.
regularize the shifting of capital goods from their factory located at 47/12, Raghvendra Industrial Estate, Thigalarapalya, Main Road, Near Peenya 2nd stage, Bangalore to their factory situated at 471/A2,12th Cross , Ward No. 4, 4th Phase, Peenya Industrial Area, Bangalore subject to payment of composition fee of Rs. 5000/- for each authorization. 11. M/s Aradhya Steel Pvt. Ltd., Bangalore
01/36/218/125/AM- 16/EPCG-I 0730004609 dated 20.09.2006 EO period and extension in EOP for 2 years. The Committee noted that the request of the party was placed before the EPCG Committee meeting held on 18.11.2015, wherein it was decided to defer the case to obtain the basic details/documents of the authorization from the party.
details given by the party and their submission that they have completed 94% of the total EO imposed.
a) amount in proportion to the extension sought in terms of HBP 2004-09, as the party could not apply to RA within the
M/s Fine Embroidery, New Delhi
01/36/218/245/AM- 16/EPCG-I 0530142127 dated 13.10.2006 i. Acceptance/ regularization of exports already made by alternate product as per
para 5.4(i) of FTP
2004-09; submission of the party that they had fulfilled 94.12% EO during their original EOP by export of embroidered readymade garments, but had not mentioned the word “embroidered” in the description of export item on the
ii. Extension of block-wise EO and first extension of EOP for 2 years. shipping bills. Therefore, these exports were not considered for EO fulfilment by the RA. Further, the party has requested to consider the exported products as alternate product. The Committee observed that there was a provision to fulfil 100% EO by export of alternate products at the time of issuance of licence.
allow counting of exports of alternate products viz. ‘readymade garments’ in terms of para 5.4 (i) FTP 2004-09. The party would, however maintain average export obligation for alternate product as may be re-fixed by RA.
has fulfilled 94.12% EO during the
original
EOP.
The
Committee
deliberated upon the case and decided
to recommend to DG for relaxation
allow:
a) amount in proportion to the extension sought in terms of HBP 2004-09, as the party could not apply to RA within the
M/s Grindwell Norton Limited, Mumbai.
01/36/218/30/AM-
17/EPCG-I
0730006575
dated
31.01.2008
0730007361
dated
09.09.2008
0730007690
i.
Condonation
of
procedural
lapse
of
specifying
multiple
EPCG
authorization no.
in each shipping
bills in respect of
has fulfilled more than 100% EO in
respect of EPCG authorization Nos.
. Condonation of procedural lapse of specifying multiple EPCG authorization no. in each shipping bills in respect of has fulfilled more than 100% EO in respect of EPCG authorization Nos. 0730006575 dated 31.01.2008, 0730007361 dated 09.09.2008 & 0730007690 dated 22.12.2008 respectively and fulfilled 85.41% EO
dated 22.12.2008 0730010234 dated 03.06.2011 04 EPCG authorizations; and ii. Condonation of delay in obtaining of installation certificate from central excise against authorization no. 0730010234 dated 03.06.2011. against authorization no. 0730010234 dated 03.06.2011.
submission of the party that the error occurred due to mistake done by them by mentioning multiple EPCG authorization numbers on each shipping bills.
of FTP 2015-20 to condone the procedural lapse of mentioning multiple EPCG authorization numbers in the shipping bills subject to the condition that there is no double counting of exports/Shipping Bills. The Committee further recommended imposition of a composition fee of Rs. 200/- on each such shipping bill where more than one EPCG authorization number has been endorsed and which are being counted for fulfilment of EO.
submission of the party that they have intimated the jurisdictional Central Excise Authority within time, but the installation certificate were issued by them after stipulated time period. The Committee, therefore, decided to allow condonation of delay in installation of capital goods in respect of EPCG authorization no.
ficate were issued by them after stipulated time period. The Committee, therefore, decided to allow condonation of delay in installation of capital goods in respect of EPCG authorization no. 0730010234 dated 03.06.2011 subject to payment of composition fee of Rs. 5000/-.
M/s M.S. Elastic & Tapes Pvt. Ltd., Kolkata.
18/145/AM-15/PC-5 0230003221 dated 30.04.2008 EOP. has fulfilled their entire EO during the 2nd block Period.
submission of the party that they were unable to fulfil the EO in the 1st block period due to economic recession.
block-wise EOP, as the party could not 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 5.8.3 of HBP 2009- 14.
M/s HP Pelzer Automotive Pvt. Ltd., Pune.
01/36/218/21/AM-
17/EPCG-I
3130004669
dated
04.01.2010
3130004485
dated
08.01.2010
3130004540
dated
28.01.2010
i.
Extension
of
block-wise EO in
respect of 3 EPCG
authorizations.
ii.
Extension of EOP
for 2 years in
respect of EPCG
authorization no.
3130004540
dated 21.01.2010.
has fulfilled their entire EO during 2nd
block
EOP
against
authorizations
no.3130004669
dated
04.01.2010,
3130004485 dated 08.01.2010 and
8.27%
against
authorization
no.
3130004540 dated 28.01.2010.
submission of the party that they were unable to fulfil the block wise EO against the said authorizations due to recession in the export market.
thorization no. 3130004540 dated 28.01.2010.
submission of the party that they were unable to fulfil the block wise EO against the said authorizations due to recession in the export market.
a)
extension of block-wise EOP in
respect
of
all
the
3
EPCG
authorizations, as the party could
not
apply
to
RA
within
the
prescribed time period. This shall
be subject to payment of 2%
amount
in
proportion
to
the
5.8.3 of HBP 2009-14; and
b) extension of EOP for 2 years in
respect of EPCG authorization no.
3130004540 dated 21.01.2010 on
extension
sought
in
terms
of
HBP 2009-14, as the party could
not
apply
to
RA
within
the
M/s Gobi Textiles Limited, Erode.
01/36/218/39/AM-
16/EPCG-I
0430003900
dated
20.07.2006
EO and extension of
EOP for 2 years.
submission of the party that they had
fulfilled 80% of total EO and could not
complete the balance EO of 20% within
the EO period due to instability in
06
EO and extension of
EOP for 2 years.
submission of the party that they had
fulfilled 80% of total EO and could not
complete the balance EO of 20% within
the EO period due to instability in
export market. Now they have third party export orders in hand.
a) amount in proportion to the extension sought in terms of HBP 2004-09, as the party could not apply to RA within the prescribed time period. This has the approval of DG.
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.
17.
M/s Mitter Fasteners
18/205/AM-16/P-5 3030000867 dated 27.01.2005 Second extension of EOP for one year i.e. upto 26.01.2016. The Committee noted that the request of the party was earlier placed before the EPCG Committee meeting held on 04.04.2014, wherein it was decided to allow extension of block wise EO and extension of EOP for 02 years i.e. up to 26.01.2015.The Committee noted that said EPCG authorisation was issued on 27.01.2005 when there was no provision for second extension of EOP. case and decided to defer it for further examination.
M/s Jakhau Salt Company Pvt. Ltd., Chennai.
01/36/218/265/AM- 13/EPCG-I 3730000107 dated 29.09.2008 Regularization of import of capital goods (i.e. Truck Model Tipper) under EPCG scheme for the EPCG authorization issued prior to issuance of Policy Circular No. 48 dated 19.12.2008.
09.2008 Regularization of import of capital goods (i.e. Truck Model Tipper) under EPCG scheme for the EPCG authorization issued prior to issuance of Policy Circular No. 48 dated 19.12.2008. The case was placed before the EPCG Committee meeting held on 25.02.2016, wherein it was decided to defer it with directions to obtain registration certificate of the vehicle issued by the Road Transport Authority, confirming that the trucks have been used only in the premises of the mining area.
The Committee observed that the party has furnished a verification certificate from Jakhau Marine Police Station, certifying that the tippers were being utilized in their salt field instead of confirmation report from Road Transport Authority that the trucks have been used only in the premises of mining area.
case and decided to defer it with directions to obtain confirmation report from Road Transport Authority that the trucks have been used only in the premises of the mining area. 19. M/s Bhuvee Stenovate Pvt. Ltd., Kolkata
01/36/218/216/AM-
16/EPCG-I
0230007021
dated
17.08.2011
0230007139
dated
15.09.2011
0230007022
dated
17.08.2011
0230007420
dated
09.12.2011
0230007037
dated
18.08.2011
0230007036
dated
18.08.2011
0230007035
dated
18.08.2011
i.
Extension
of
block-wise
EO;
and
ii.
Change of name
of the company
from
M/s
Integrated
Equipments
&
Infraservices Pvt.
Ltd.,
to
M/s
Bhuvee Stenovate
Pvt. Ltd.
dated
18.08.2011
i.
Extension
of
block-wise
EO;
and
ii.
Change of name
of the company
from
M/s
Integrated
Equipments
&
Infraservices Pvt.
Ltd.,
to
M/s
Bhuvee Stenovate
Pvt. Ltd.
Representative of DOR stated that they
need to call for comments from the
concerned
Central
Excise
authority
regarding
the
pending
DRI
investigation.
The
Committee,
therefore, decided to defer the case.
20.
M/s
Indian
Silks,
Varanasi.
01/36/218/307/AM-
16/EPCG-I
1530000557
dated
28.05.2009
1530000580
dated
01.07.2009
Review of average EO
fixed
on
the
authorization.
submission of the party that they had
obtained the subject authorization for
export of woven fabrics. Now they
intend to fulfil the EO against the said
authorization
by
alternate
export
product viz. “Readymade Garments of
knitted fabrics”.
DG to grant relaxation under Para
2.58 of FTP 2015-20 to allow 50% EO
fulfilment through alternate product viz.
“Readymade
Garments
of
knitted
fabrics” in terms of para 5.5 (i) of FTP
2009-14 subject to maintenance of
average EO of both the original and
alternate products.
M/s Beekay Engineering Corporation, Mumbai
01/36/218/143/AM-
16/EPCG-I
0330012751
dated
31.07.2006
0330012960
dated
21.08.2006
0330013723
dated
EO and extension of
EOP for 2 years.
submission of the party that they were
unable to fulfil the EO due to recession
and fluctuation of rates of their
products in the global market.
3723 dated EO and extension of EOP for 2 years. submission of the party that they were unable to fulfil the EO due to recession and fluctuation of rates of their products in the global market. Further, at present they have export orders in hand and are confident to fulfil entire EO including average EO within the
26.10.2006 0330014457 dated 22.12.2006 extended time period.
a)
extension of 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 5.8.3 of HBP 2004-09;
and
payment
of
composition
fee
equal to 2% of proportionate
duty saved amount on unfulfilled
EO or an enhancement in EO
imposed to the extent of 10% of
total
EO
at
the
choice
of
exporter,
for
each
year
of
extension sought in terms of
provisions contained in Para 5.11
of HBP 2004-09, as the party
could not apply to RA within the
M/s Laxmi Agni Components & Forgings Pvt. Ltd., Aurangabad.
01/36/218/147/AM-
16/EPCG-I
0330013309
dated
20.09.2006
0330013959
dated
15.11.2006
0330015176
dated
22.02.2007
0330017262
dated
28.08.2007
i.
Condonation
of
delay
in
submission
of
installation
certificate;
ii.
Extension
of
block-wise
EO
and extension in
EOP for 2 years;
iii.
Inclusion
of
additional export
product; and
iv. Permission
for
installation
of
capital goods in
the premises of
supporting
manufacturer viz.
M/s.
nd extension in
EOP for 2 years;
iii.
Inclusion
of
additional export
product; and
iv. Permission
for
installation
of
capital goods in
the premises of
supporting
manufacturer viz.
M/s.
V.A.
Engineers
Pvt.
Ltd.
submission of the party that they could
not install the capital goods due to
paucity of space in existing plant and
delay in putting up of a new plant.
The Committee observed that they have obtained the installation certificate dated 23.06.2016 (i.e. after the prescribed time) from Central Excise in respect of EPCG authorization no. 0330013309 dated 20.09.2006 & 0330017262 dated 28.08.2007 and also obtained a certificate issued by Chartered Engineer stating that the capital goods are lying with the company in packed condition.
allow condonation of delay in installation of capital goods subject to payment of composition fee of Rs. 5000/- for each authorization.
submission of the party that they could not fulfil the EO till date due to non- availability of export orders for their
ject to payment of composition fee of Rs. 5000/- for each authorization.
submission of the party that they could not fulfil the EO till date due to non- availability of export orders for their
export products. Now they have confirmed export orders in hand and are confident to fulfil the EO in extended time.
a) amount in proportion to the extension sought in terms of provisions contained in Para 5.11 of HBP 2004-09, as the party could not apply to RA within the
The Committee noted that the installation of Capital Goods as per authorization should have been at B- 11/12, MIDC, Chikalthana, Aurangabad – 431 210 and Gate No. 166/B, AT Sawardari Chakan Talegaon Road, Tq: Khed, Pune – 415 709. However, due to paucity of space in existing plant they want to shift the capital goods in the premises of their supporting manufacturer viz. M/s V.A. Engineers Pvt. Ltd., K-231, MIDC, Waluj Aurangabad.
permit the shifting of capital goods from B-11/12, MIDC, Chikalthana, Aurangabad – 431 210 and Gate No. 166/B, AT Sawardari Chakan Talegaon Road, Tq: Khed, Pune – 415 709 to their supporting manufacturer viz. M/s V.A. Engineers Pvt. Ltd., K-231, MIDC, Waluj, Aurangabad. 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 shall examine the request of the
party for inclusion of alternate export
product as per policy.
23.
M/s Kumar Printers Pvt.
om the date of installation of capital goods at the new unit.
RA shall examine the request of the
party for inclusion of alternate export
product as per policy.
23.
M/s Kumar Printers Pvt.
0530134617
Waiver of verification of
The Committee noted that the request
Ltd., Gurgaon.
01/36/218/262/AM- 14/EPCG-I dated 06.08.2003 ARE-3 forms by the concerned Jurisdictional central excise authority. of the party for condonation of procedural lapse of not mentioning EPCG authorization no. and date on ARE forms against subject authorization was placed before the EPCG Committee meeting held on 13.07.2015, wherein the Committee allowed the same subject to verification of ARE-3 forms by the concerned jurisdictional Central Excise Authority to the effect that the supply of goods have actually been made to indigenous supplier and verification by jurisdictional Central Excise Authority of the recipient unit.
The Committee considered the request of the party that they are facing difficulty in getting the verification of ARE-3 forms by the Jurisdictional central excise authorities which are many in number.
The matter was examined in consultation with DoR. However, DoR vide their OM dated 27.06.2016 stated that the verification of ARE-3 is the basic condition for fulfilment of EO in the EPCG scheme. The reasons for waiver of verification of ARE-3 stated in the representation of the application are not sufficient and are not supported with any written communication from Jurisdictional Central Excise Authorities.
er of verification of ARE-3 stated in the representation of the application are not sufficient and are not supported with any written communication from Jurisdictional Central Excise Authorities.
The matter was considered by the Committee. The representative of DoR stated that they shall instruct the respective Jurisdictional Central Excise Authorities for necessary verification of ARE-3 forms. The Committee accordingly decided to defer the case. 24. M/s Maxop Engineering CO. Pvt. Ltd., Gurgaon.
18/15/AM-17/PC-5 0530156491 dt. 15.09.2011 0530158104 dt. 30.03.2012 0530159664 dt. 02.11.2012 0530160616 dt. 26.03.2013 Condonation of delay in submission of installation certificate issued by Central Excise. has fulfilled 100% EO within original EOP. The Committee observed that the installation certificates submitted by the party were issued by the Central Excise Authority on the basis of the Chartered Engineer Certificate which were earlier obtained by party. However, the date of issue of the installation certificate is beyond 18 months of the prescribed time period.
allow condonation of delay in installation of capital goods subject to payment of composition fee of Rs. 5000/- for each authorization.
beyond 18 months of the prescribed time period.
allow condonation of delay in installation of capital goods subject to payment of composition fee of Rs. 5000/- for each authorization.
M/s Shamshree Lifesciences Limited, Chandigarh.
01/37/218/233/AM- 15/EPCG-II 2230001298 dated 16.02.2010 2230001307 dated 24.02.2010 2230001303 dated 22.02.2010 EOP. has fulfilled their entire EO during the 2nd block EOP against authorizations no. 2230001307 dated 24.02.2010 2230001303 dated 22.10.2010 and NIL EO against authorization no. 2230001298 dated 16.02.2010.
block-wise EOP, as the party could not 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 5.8.3 of HBP 2009- 14.
M/s Siderforgerossi India Pvt. Ltd., Bangalore
01/37/218/193/AM- 16/EPCG-II 0730010384 dated 19.07.2011 Permission for re- export of Hot Radial Forging Machine. The case was placed before the EPCG Committee meeting held on 18.12.2015, wherein it was deferred for comments from DoR.
The Committee observed that the Range Officer Central Excise, Mysore has visited the factory premises of the company and found that the machine has not been commissioned / put into use.
submission of the party that the capital goods were imported vide Bill of Entry No. 4208152 dated 28.07.2011 and reached their factory on 16.08.2011.
has not been commissioned / put into use.
submission of the party that the capital goods were imported vide Bill of Entry No. 4208152 dated 28.07.2011 and reached their factory on 16.08.2011. However, when the packing was opened it was noticed that the some parts were damaged during transit. The delay in re-export was due to additional conditions laid down by the service engineer from M/s Forgetech, which were not incorporated in the earlier contract signed by them and the machine could ultimately not be commissioned.
of FTP 2015-20 to allow re-export of Capital Goods beyond 3 years from import as prescribed under per Para 5.16 of HBP 2009-14.
M/s Reliance Industries Limited, Mumbai
0330038064 dated 18.02.2014 Extension in time for installation of capital goods up to December, submission of the party that they are currently implementing a large number
01/37/218/69/AM- 17/EPCG-II 0330038098 dated 19.02.2014 0330038319 dated 14.03.2014 0330038379 dated 21.03.2014 0330038943 dated 06.06.2014 0330038970 dated 11.06.2014 0330039262 dated 14.07.2014 2016. of projects in petroleum and petrochemical sector at their Jamnagar facility. Due to large scale projects of huge complexity, size and costs the capital goods could not be installed on projected completion dates.
of FTP 2015-20 to allow extension in time for submission of installation certificate up to December, 2016, subject to payment of composition fee of Rs. 5000/- for each authorization.
M/s Tholasi Prints India Pvt.
tension in time for submission of installation certificate up to December, 2016, subject to payment of composition fee of Rs. 5000/- for each authorization.
M/s Tholasi Prints India
Pvt. Ltd, Bangalore
01/37/218/300/AM-
16/EPCG-II
0730005451
dated
28.03.2007
EO and extension of
EOP for one year.
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.
29.
M/s R.M. Controls (P)
Ltd, Faridabad.
01/37/218/47/AM-
17/EPCG-II
0530142117
dated
13.10.2006
i.
Extension of block-
wise
EOP
and
extension of EOP
for 4 years i.e. up
to 11.10.2018.
ii. Condonation
in
delay in submission
of
Installation
Certificate.
submission of the party that they have
to fulfil the EO by supplying their
material
under
deemed
exports
scheme, but when they applied for
redemption the exports made against
the invalidation letter to the EPCG
authorization holder was not counted
against fulfilment of EO. Now they have
export orders in hand and are hopeful
to fulfil the EO within the extended
time.
a) amount in proportion to the extension sought in terms of
against fulfilment of EO. Now they have export orders in hand and are hopeful to fulfil the EO within the extended time.
a) amount in proportion to the extension sought in terms of
HBP 2004-09, as the party could not apply to RA within the c) The party may approach RA concerned for 2nd EOP extension i.e. up to 12.10.2018 in terms of the policy provision at the time of issuance of the said authorization.
submission of the party that they have imported the capital goods vide B/E No. 691091 dated 15.03.2007, however they have obtained the installation certificate from Chartered Engineer on 07.01.2009 for installation of capital goods, which is beyond the stipulated time period.
allow condonation of delay in installation of capital goods subject to payment of composition fee of Rs. 5000/-.
M/s The Mahabir Jute Mills Ltd, Goarkhpur
01/37/218/59/AM- 17/EPCG-II 1530000566 dated 16.06.2009 1530000565 dated 12.06.2009 EO period. submission of the party that they were unable to fulfil the EO in first block period. However, the party has claimed that they have fulfilled the entire EO during the second block period.
block-wise EOP, as the party could not 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 5.8.3 of HBP 2009- 14.
M/s Zee Entertainment Enterprises Limited, Mumbai
01/37/218/195/AM- 16/EPCG-II N. A.
he shortfall at the end of first block in terms of the provisions of Para 5.8.3 of HBP 2009- 14.
M/s Zee Entertainment Enterprises Limited, Mumbai
01/37/218/195/AM- 16/EPCG-II N. A. Issuance of EPCG authorization for import of Van & Vanity Box without engine. The case was placed before the EPCG Committee meeting held on 25.02.2016, wherein it was decided to defer the case due to absence of the concerned technical member.
The Committee noted that the matter was earlier discussed in the SOM held on 5th January 2016 and it was
observed that the ITCHS code of “vanity box without engine” given by the party in the application form is 87161000 while the ITCHS code of “special utility van – with engine is 870323.
The ITCHS description of HS code 87161000 is “Trailers and semi- trailers of the caravan type, for housing or camping” while the ITCHS description of HS code 870323 is “Other vehicles, with spark – lgnition internal combustion reciprocating piston engine of a cylinder capacity exceeding 1500 cc but not exceeding 3000 cc”.
case and decided to allow the import of “Trailers and semi-trailers of the caravan type which are without engine, for housing or camping” for use as vanity box for production of TV programs etc. can be considered as these are required for rendering services related to the production of TV programs which they would export to earn foreign exchange for EO fulfilment.
programs etc. can be considered as these are required for rendering services related to the production of TV programs which they would export to earn foreign exchange for EO fulfilment. This would however be subject to the condition that such trailers and semi-trailers would be strictly used for the purpose for which they are being imported till the EO is completed and authorization is redeemed. 32. M/s Paragon Industries, New Delhi.
01/37/218/09/AM-
17/EPCG-II
0530145510
dated
30.01.2008
0530145663
dated
20.02.2008
0530150332
dated
12.11.2009
i.
Extension
of
block-wise EO and
extension of EOP
for 2 years.
ii.
Condonation
of
delay
in
submitting
installation
certificate.
submission of the party that they were
unable to fulfil the EO due to slump in
international market. However, at
present they have sufficient export
orders in hand.
a) amount in proportion to the 5.8.3 of HBP 2004-09 & 2009-14; and
fil the EO due to slump in international market. However, at present they have sufficient export orders in hand.
a) amount in proportion to the 5.8.3 of HBP 2004-09 & 2009-14; and
extension sought in terms of HBP 2004-09 & 2009-14, as the the prescribed time period.
submission of the party that they imported the capital goods within time, but could not install the same within 18 months. They have obtained the installation certificates from Central Excise without the date of installation.
allow condonation of delay in submission of installation certificate subject to payment of composition fee of Rs. 5000/- for each authorization.
M/s Rabirun Vinimay Pvt. Ltd., Kolkata.
01/37/218/260/AM-
16/EPCG-II
0230007400
dated
07.12.2011
0230007401
dated
07.12.2011
0230007403
dated
07.12.2011
EO period.
Representative of DOR stated that they
need to call for comments regarding a
pending
DRI
investigation.
The
Committee therefore deferred the
case.
34.
M/s Rajhans Pressing
Pvt. Ltd., Faridabad.
01/37/218/234/AM-
16/EPCG-II
0530144029
dated
02.07.2007
Regularization
of
exports
by
paying
Customs
duty
plus
interest in respect of
unfulfilled EO.
has fulfilled 42.72% EO during the
original EOP and could not fulfil the
57.28% EO and they have already paid
the Customs duty plus interest in
respect of unfulfilled EO to Customs for
closure.
case and decided to direct the concerned RA to examine the matter and regularize the case in terms of Para 5.14 of HBP 2004-09. 35.
rest in respect of unfulfilled EO to Customs for closure.
case and decided to direct the concerned RA to examine the matter and regularize the case in terms of Para 5.14 of HBP 2004-09. 35. M/s Siddhartha Super Spinning Mils Ltd, Solan.
01/37/218/109/AM- 16/EPCG-II 2230001784 dated 01.07.2011 2230001861 dated 24.10.2011 2230001978 dated 12.04.2012 Condonation of procedural lapse of mentioning wrong EPCG authorization numbers in shipping bills. has fulfilled 66.08%, 82.95% (third party exports) and 78.37% (third party exports) in respect of EPCG authorization Nos. 2230001784 dated 01.07.2011, 2230001861 dated 24.10.2011 and 2230001978 dated 12.04.2012 respectively.
submission of the party that the error occurred due to accounting mistake at their end and they have mentioned
wrong EPCG authorization number on shipping bills.
The Committee decided to condone procedural lapse of mentioning wrong EPCG authorization nos. in the shipping bills subject to the condition that there is no double counting of exports/Shipping Bills. The Committee further recommended imposition of a composition fee of Rs. 200/- on each such shipping bill where wrong authorization number has been endorsed and which are being counted for fulfilment of EO.
M/s Viceroy Hotels Limited, Hyderabad.
fee of Rs. 200/- on each such shipping bill where wrong authorization number has been endorsed and which are being counted for fulfilment of EO.
M/s Viceroy Hotels Limited, Hyderabad.
01/37/218/198/AM-
15/EPCG-II
0930004398
dated
17.09.2008
0930004401
dated
17.09.2008
0930004573
dated
27.11.2008
0930004751
dated
04.03.2009
0930004886
dated
22.05.2009
0930005393
dated
16.12.2009
0930006220
dated
03.09.2010
0930006447
dated
15.11.2010
i.
Exemption
from
submission
of
installation
certificate,
ii.
Extension
of
block-wise EO for
the
1st
block
period
without
payment
of
composition fee;
iii.
Extension in the
fulfilment
of
export obligation
period by 6 years
without payment
of
composition
fee;
iv.
To
allow
the
fulfilment of EO
from
other
operating units at
Hyderabad.
The
Committee
noted
that
the
construction was stopped by Chennai
Metropolitan
Development
Authority
(CMDA) by issuing a lock and seal
notice for deviation in construction. The
Hotel approached the CMDA with a
revised proposal for development of
said unfinished building from Hotel to
Residential Complex, and CMDA did not
approve the same and insisted for
demolition of the building in compliance
with development rules. The property
was sold to M/s Ceebross Hotels Pvt.
Ltd., on 30.12.2013.
DRI, Hyderabad has also informed that they have initiated a case against the party which is under investigation.
t rules. The property was sold to M/s Ceebross Hotels Pvt. Ltd., on 30.12.2013.
DRI, Hyderabad has also informed that they have initiated a case against the party which is under investigation.
case and decided to reject it with directions to concerned RA to recover duty and applicable interest from the party.
M/s BRG Iron & Steel Co. Pvt. Ltd., Kolkata
01/36/218/217/AM-
16/EPCG-I
0230002585
dated
27.08.2007
0230003374
dated
17.06.2008
0230004546
dated
14.10.2009
0230005813
dated
11.10.2010
0230005844
dated
19.10.2010
0230005478
dated
08.07.2010
0230006227
dated
14.01.2011
0230007120
dated
14.09.2011
0230007292
dated
04.11.2011
0230007393
dated
05.12.2011
i. Extension of block
wise
EOP
and
extension of EOP in
respect
of
authorization
no.
0230002585 dated
27.08.2007.
ii. Change of name of
the licensee on the
basis of merger of
two companies i.e.
from
Bhuvee
Profiles
to
“&
Stainless Pvt. Ltd to
M/s BRG Iron &
Steel Iron & Steel
Co. Pvt. Ltd.
Representative of DOR stated that they need to call for comments regarding a pending DRI investigation. The Committee therefore decided to defer the case.
M/s BRG Iron & Steel Co. Pvt. Ltd., Kolkata
01/36/218/218/AM-
16/EPCG-I
0230004543
dated
13.10.2009
0230004544
dated
13.10.2009
0230004545
dated
14.10.2009
0230005085
dated
31.03.2010
0230005916
dated
03.11.2010
0230006732
dated
03.06.2011
0230007167
dated
22.09.2011
i.
Extension
of
block-wise
EO
period;
ii.
04545
dated
14.10.2009
0230005085
dated
31.03.2010
0230005916
dated
03.11.2010
0230006732
dated
03.06.2011
0230007167
dated
22.09.2011
i.
Extension
of
block-wise
EO
period;
ii.
Extension of EOP
for 2 years in
respect of 4 EPCG
authorizations
nos. 0230004543
dated
13.10.2009,
0230004544
dated
13.10.2009,
0230004545
dated 14.10.2009
and 0230005085
dated
31.03.2010.
iii.
Change of name
of the licensee on
the
basis
of
merger
of
two
companies
i.e.
from M/s Rabirun
Vinimay Pvt. Ltd.
to M/s BRG Iron
& Steel Co. Pvt.
Ltd., against 07
EPCG
authorizations
Nos. 0230004543
dated
13.10.2009,
0230004544
dated
13.10.2009,
Representative of DOR stated that they
need to call for comments regarding a
pending
DRI
investigation.
The
Committee therefore decided to defer
the case.
0230004545 dated 14.10.2009, 0230005085 dated 31.03.2010, 0230005916 dated 03.11.2010, 0230006732 dated 03.06.2011 and 0230007167 dated 22.09.2011. 39. M/s Bharat Roll Industry Pvt. Ltd., Howrah. 01/36/218/21/AM- 15/EPCG-I 0230000763 dated 09.11.2004 EO period for redemption. has fulfilled their entire EO during the second block period.
block-wise EOP, as the party could not 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 5.8.3 of HBP 2004- 09.
M/s Prakash Art Creation, Kolkata.
01/37/218/246/AM- 16/EPCG-II 0230002574 dated 23.08.2007 i.
at the end of first block in terms of the provisions of Para 5.8.3 of HBP 2004- 09.
M/s Prakash Art Creation, Kolkata.
01/37/218/246/AM- 16/EPCG-II 0230002574 dated 23.08.2007 i. Extension of EOP for 2 years. ii. Condonation of delay in submission of installation certificate. has fulfilled 4.5% EO during original EOP. However, at present, they have exports orders in hand.
EOP for 2 years on payment of composition fee equal to 2% of proportionate duty saved amount on unfulfilled EO or an enhancement in EO imposed to the extent of 10% of total EO at the choice of exporter, for each year of extension sought in terms of provisions contained in Para 5.11 of HBP 2004-09, as the party could not period.
submission of the party that they could not submit the installation certificate to concern RA within time. However, as per installation certificate issued by Chartered Engineer capital goods were installed on 10.12.2007 which is within the prescribed time period.
icate to concern RA within time. However, as per installation certificate issued by Chartered Engineer capital goods were installed on 10.12.2007 which is within the prescribed time period.
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 Uma Offset, Ahmadabad. 01/37/218/20/AM- 17/EPCG-II 0830001391 dated 04.07.2006 Extension of EOP upto 30.07.2020. has fulfilled 27% EO in the first block period and Nil during the second block period. They have already obtained extension of block-wise EOP from RA, Ahmedabad.
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 HBP 2004-09, as the party could not period.
The party should approach RA concerned for 2nd EOP extension i.e. up to 12.10.2018 in terms of the policy provisions applicable at the time of issuance of the said authorization. 42. M/s Rajendra Ravindra Printers (P) Ltd, New Delhi. 01/37/218/35/AM- 17/EPCG-II 0530150404 dated 18.11.2009 0530153587 dated 01.10.2010 0530153748 dated 19.10.2010 0530153985 dated 16.11.2010 0530155134 dated 25.03.2011 0530155133 dated 25.03.2011 0530159590 dated 25.10.2012 Regularization of shifting of capital goods.
53748 dated 19.10.2010 0530153985 dated 16.11.2010 0530155134 dated 25.03.2011 0530155133 dated 25.03.2011 0530159590 dated 25.10.2012 Regularization of shifting of capital goods. had obtained the said authorizations for their factory located at A -27, Mohan Co-operative Industrial Area, Mathura Road, Delhi. Now, they have shifted the capital goods to their other unit located at Plot No. 20/4, Site-IV, Sahibabad Industrial Area, Sahibabad, Ghaziabad (U.P.). Party stated that both the addresses are mentioned in IEC, RCMC and IEM.
regularize the shifting of capital goods from A -27, Mohan Co-operative Industrial Area, Mathura Road, Delhi to their factory Plot No. 20/4, Site-IV, Sahibabad Industrial Area, Sahibabad, Ghaziabad (U.P.) subject to payment of composition fee of Rs. 5000/- for each authorization and submission of installation certificate at the new
address.
43.
M/s R.M. Knitters Pvt.
Ltd, Mumbai.
01/37/218/235/AM-
16/EPCG-II
0330015433
dated
16.03.2007
0330016274
dated
01.06.2007
0330016777
dated
17.07.2007
i.
Extension of block-
wise
EO
&
extension of EOP
for 2 years;
ii. Extension of block-
wise EOP in respect
of
EPCG
authorization
No.
0330016777 dated
17.07.2007.
iii. Allowing
the
alternate
product
against
EPCG
authorization
Nos.
0330015433 dated
16.03.2007
and
0330016274 dated
01.06.2007.
submission of the party that they have
fulfilled 80%, Nil and 100% EO in
respect of EPCG authorization Nos.
G authorization Nos. 0330015433 dated 16.03.2007 and 0330016274 dated 01.06.2007. submission of the party that they have fulfilled 80%, Nil and 100% EO in respect of EPCG authorization Nos. 0330015433 dated 16.03.2007, 0330016274 dated 01.06.2007 and 0330016777 dated 17.07.2007 respectively. Now they have exports order in hand and are confident to fulfil the EO within extended EOP.
a) extension of block-wise EOP in respect of all the 3 EPCG authorizations, as the party could not apply to RA within the prescribed time period. This shall be subject to payment of 2% amount in proportion to the shortfall at the end of first block in terms of the provisions of Para b) extension of EOP for 2 years against EPCG authorization no. 0330016777 dated 17.07.2007 on to 2% of proportionate duty saved amount on unfulfilled EO or an enhancement in EO imposed to the extent of 10% of total EO at the choice of exporter, for each year of extension sought in terms of provisions contained in Para 5.11 of HBP 2004-09, as the party could not apply to RA within the
The request of the party for allowing the alternate product will be examined by RA, as per policy. 44. M/s Shreedhar Printer, Ahmadabad.
01/37/218/19/AM- 17/EPCG-II 0830002097 dated 15.06.2007 Extension of EOP upto 31.07.2020. The Committee noted that the RA has reported that the party has already fulfilled their entire within first block EO period.
case and decided to remand it to
concerned RA for due examination and
disposal at their end.
45.
s reported that the party has already fulfilled their entire within first block EO period.
case and decided to remand it to
concerned RA for due examination and
disposal at their end.
45.
M/s
Panacea
Biotec
Limited, New Delhi.
0530156084
dated
Waiver
of
annual
average EO.
The Committee noted the party’s
submission that they are unable to
01/37/218/79/AM- 16/EPCG-II 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 meet the shortfall in average EO due to delisting and ban of one of their export product (easyfive vaccine) by WHO between 18.08.2011 and 02.10.2013.
case and decided to recommend to DG
for relaxation under Para 2.58 of
FTP 2015-20 to allow re-fixation of
average
Export
Obligation
after
proportionately
reducing
the
contribution of export of the delisted /
banned vaccine taken into account for
fixation of Average Export Obligation
for seven EPCG authorization issued
between 01.05.2011 and 29.01.2013.
M/s Vel Matches Pvt. Ltd., Tamilnadu.
01/37/218/256/AM- 16/EPCG-II 3530003118 dated 19.02.2008 Acceptance of ‘lying in stock’ certificate from central excise authority instead of installation certificate.
t. Ltd., Tamilnadu.
01/37/218/256/AM-
16/EPCG-II
3530003118
dated
19.02.2008
Acceptance of ‘lying in
stock’ certificate from
central excise authority
instead of installation
certificate.
The case was earlier placed before the
EPCG Committee meeting held on
29.03.2016, wherein the Committee
decided
to
allow
acceptance
of
installation certificate from Chartered
Engineer in lieu of Central Excise
subject to submission of verification
certificate from Central Excise authority
that the capital goods are installed in
their premises.
submission of the party that the capital goods are no longer required for production and the same is lying in their factory in a disassembled state. In view of this they will be able to submit a “lying in stock” certificate from the Central Excise authority instead of an installation certificate.
accept the ‘lying in stock’ certificate from central excise authority instead of installation certificate as the same is lying in their factory in a disassembled state subject to payment of composition fee of Rs.5000/. 47. M/s Balaji Paper & Newsprint Pvt. Ltd., Kolkata
01/36/218/200/AM- 13/EPCG-I 0230000748 dated 18.10.2004 0230000857 dated 27.01.2005 0230000898 dated 02.03.2005 Extension of EOP. M/s Balaji Paper & Newsprint Pvt. Ltd., Kolkata vide their letter dated 13.02.2016 and 24.02.2016 has requested for extension of EOP for first 2 years commencing from the date of endorsement in respect of 3 EPCG authorizations issued to them under 5% EPCG duty scheme.
2016 and 24.02.2016 has requested for extension of EOP for first 2 years commencing from the date of endorsement in respect of 3 EPCG authorizations issued to them under 5% EPCG duty scheme.
The case was placed before the EPCG Committee meeting held on 28.04.2016, wherein it was decided to defer it with directions to obtain comments of DoR in the matter.
Party has submitted that they had
obtained
the
authorizations
and
imported the capital goods in 2004-05,
but
installation
was
delayed
by
approximately 4 years, after which it
was obtained from Central excise
authorities. Initial export to Bangladesh
started
on
28.03.2009
for
US$
18756.24 soon after the installation.
Thereafter, the demand for paper in
the international market declined.
Moreover, the area was badly disturbed
due to Maoist problems and they were
not able to retain skilled engineers due
to which it became impossible to
manufacture and export quality paper.
Further, the party has submitted that their neighbour M/s Rashmi Ispat was also put on fire by the Maoists. The train routes to the area were disturbed due to the derailment of Gyaneswari Express and Silda Camp attack by the Maoists impacting the manufacturing in the plant.
ut on fire by the Maoists. The
train routes to the area were disturbed
due to the derailment of Gyaneswari
Express and Silda Camp attack by the
Maoists impacting the manufacturing in
the plant. Party has submitted a report
from the Superintendent of Police,
Jhargram Police District, stating that
more or less every police station area
of the Jhargram Sub-Division including
Manikpara GP under Jhargram Police
Station where the Balaji paper and
Newsprint Pvt Ltd was situated were
infested by Maoists during the period
2008-2011.
The
party
has
also
submitted a letter from Shri Vivek
Gupta , Hon’ble MP , Rajya Sabha and
President of Federation of South Bengal
Chambers of Commerce & Industry
stating that the area was affected by
the Maoist activities during the year
2008-2011.
The
situation
became
worse after Gyaneshwari rail disaster
which adversely impacted the trade &
industry.
Comments from DoR have also been received in the matter. DoR has stated that the facts of the case have been confirmed by the office of Commissioner of Central Excise, Haldia. DoR has further recommended that in view of the hardships faced by the authorization holder, necessary relaxations may be considered.
In view of the unforeseen circumstances and hardships faced by the authorization holder, the Committee, decided to recommend to of FTP 2015-20 to allow second extension in EOP beyond 2 years with a condition that 50% of duty payable in proportion to the unfulfilled EO is paid by the authorization holder to custom
end to of FTP 2015-20 to allow second extension in EOP beyond 2 years with a condition that 50% of duty payable in proportion to the unfulfilled EO is paid by the authorization holder to custom
authorities
before
endorsement
of
extension
is
made
on
EPCG
authorizations by RA concerned.
48.
M/s Mitter Fasteners,
Ludhiana.
18/07/AM-15/P-5
3030001210
dated
15.09.2005
EO and extension of
EOP.
The Committee noted that case was
earlier
placed
before
the
EPCG
Committee meeting held on 27.6.2014,
wherein it was decided to defer the
case with the direction to call for the
requisite information from the RA and
the firm.
submission of the party that they were
unable to fulfil the EO due to recession
in the international market. However,
at present they have sufficient export
orders in hand.
a) amount in proportion to the extension sought in terms of HBP 2004-09, as the party could not apply to RA within the c) second extension in EOP beyond 2 years with a condition that 50% of duty payable in proportion to the unfulfilled EO is paid by the authorization holder to custom authorities before endorsement of extension in made on EPCG authorization by RA concerned in terms of provisions contained in
Para 5.11 of HBP (RE: 2006) w.e.f.
01.04.2005.
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.
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