DGFT Minutes

MINUTES OF EPCG COMMITTEE MEETING HELD UNDER THE CHAIRMANSHIP OF SHRI JAIKANT SINGH, ADDITIONAL DIRECTOR GENERAL OF FOREIGN TRADE AT 14:30 Hours ON 25.07.2016. Following officers attended the meeting:

a. Shri AkashTaneja, Joint Director General of Foreign Trade, DGFT b. Shri S.S. Ahuja, OSD (DBK), Department of Revenue c. Smt. Chitra Sharma, Deputy Director General of Foreign Trade, DGFT d. Shri S.K. Kala, Foreign Trade Development Officer, DGFT e. Shri A.S. Chauhan, Foreign Trade Development Officer, DGFT f. Shri S.K. Panigrahi, Economic Officer, DGFT

II. Minutes of the last Meeting held on 30.06.2016 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 Bazaar Konnections, Gurgaon.

01/36/218/48/AM- 17/EPCG-I 0530143662 dated 15.05.2007
0530141933 dated 13.09.2006
0530142236 dated 27.10.2006 Acceptance of installation certificate issued by chartered engineer instead of central excise. The Committee noted that the party has fulfilled their entire EO in respect of all the 3 EPCG authorizations within original EOP.

The Committee took into account the submission of the party that they have obtained installation certificate from Chartered Engineer within prescribed time period. Subsequently, they also approached Central Excise Authority on the basis of Chartered Engineer Certificate, but they have not been issued the certificate.

eer within prescribed time period. Subsequently, they also approached Central Excise Authority on the basis of Chartered Engineer Certificate, but they have not been issued the certificate.

The Committee deliberated upon the case and 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:

i. payment of composition fee of Rs. 5000/- for each authorization and
ii. submission of verification certificate from Central Excise authority that the capital goods are installed in their premises.

This has the approval of DG. 2. M/s Agarwal Fastners Pvt. Ltd., Mumbai

01/36/218/251/AM- 16/EPCG-I 0330024131 dated 28.10.2009 Condonation of delay in installation of capital goods. has fulfilled their entire EO within 1st block period.

The Committee observed that the party has submitted the installation certificate from Central Excise but there was a delay in installation of Capital Goods beyond 18 months. The party has stated that they could not obtain the installation certificate from Central Excise within time period due to delay in civil works and space constraints and delay in commissioning

The party has stated that they could not obtain the installation certificate from Central Excise within time period due to delay in civil works and space constraints and delay in commissioning

of CGs.

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

M/s Indian Steel Corporation, Mumbai.

01/36/218/156/AM- 16/EPCG-I 0330011803 dated 25.04.2006 Condonation of delay in installation of capital goods. has fulfilled their entire EO within original Export Obligation Period.

The Committee observed that the party has submitted the installation certificate from Central Excise but there was a delay in installation of Capital Goods beyond 18 months. The party stated that they could not install the Capital Goods within time period due to late delivery of machines and its equipments.

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

M/s Dev Kiran Paper Mills Pvt. Ltd., Bangalore.

01/36/218/60/AM- 17/EPCG-I 0730007742 dated 13.01.2009 i. Extension of block- wise EOP;
ii. Condonation of delay in installation of capital goods. submission of the party that they could not fulfil the EO due to delay in setting up of new unit and related technical issues.

OP;
ii. Condonation of delay in installation of capital goods. submission of the party that they could not fulfil the EO due to delay in setting up of new unit and related technical issues. Further, at present the party has export orders in hand and have submitted a statement of exports made by them duly certified by Chartered Accountant that the party has fulfilled the EO to the tune of Rs, 1,00, 02,281.96 till date.

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.

The Committee observed that the party has submitted the installation certificate from Central Excise but there was a delay in installation of Capital Goods beyond 18 months. The

party has stated that they could not install the CG within time period as the shipments were in CKD/SKD condition.

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

M/s Dinesh Remedies Limited, Vadodara

01/36/218/120/AM- 15/EPCG-I 3430000818 dated 27.03.2006 Granting permission to consider their supplies to EOU for EO by condoning procedural lapse of not mentioning EPCG authorization no. and file no. in the invoice/ARE-3.

00818 dated 27.03.2006 Granting permission to consider their supplies to EOU for EO by condoning procedural lapse of not mentioning EPCG authorization no. and file no. in the invoice/ARE-3. The request of the party was earlier placed before the EPCG Committee meeting held on 21.09.2015, wherein it was decided to defer the case as representative of DOR stated that they need to call for comments from the concerned central excise authorities for verification of ARE-3 forms by the concerned Jurisdictional Central Excise Authority of the supplier, that supply of goods have actually been made to EOU unit and verification by Jurisdictional Central Excise Authority of the recipient unit.

The Committee noted that DoR vide their OM No.605/64/2015-DBK/444 dated 18.02.2016 forwarded the letter of the O/o Superintendent, central excise and customs, Range – III, Padra, Divn –II, Vadodara letter No. R-III/DN. II/ Misc – Dinesh/ EPCG/ 2015-16/713 dated 10.11.2015 addressed to Asst. Commissioner, Central Excise and Customs, Vadodara wherein they have stated that party has made supplies during the years 2007-08 to 2011-12 for manufacture of goods against subject authorization to 100% EOU against CT-3 of Rs. 5,77,77,058/- and supply to units other than 100% EOU of Rs. 65,00,828/-.

of FTP 2015-20 to condone the procedural lapse of not mentioning EPCG authorization no. and date on the ARE-3 for supply made by the party to 100% EOU under CT-3 of Rs. 5,77,77,058/-.

M/s Naklank Enterprise Pvt. Ltd., Vadodara.

f not mentioning EPCG authorization no. and date on the ARE-3 for supply made by the party to 100% EOU under CT-3 of Rs. 5,77,77,058/-.

M/s Naklank Enterprise Pvt. Ltd., Vadodara.

18/34/AM-16/P-5 3430000661 dated 05.09.2005 Extension of block-wise EO and extension of EOP for 1 year.
submission of the party that they were unable to fulfil the EO due to ban on export of wheat from 08.10.2007 to 08.09.2011.

The Committee noted that party has

fulfilled their entire EO after expiry of their EOP.

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 one year on payment of composition fee equal to 2% of proportionate duty saved amount on unfulfilled EO or an enhancement in EO imposed to the extent of 10% of total EO at the choice of exporter, for each year of extension sought in terms of provisions contained in Para 5.11 of HBP 2004-09, as the party could not apply to RA within the prescribed time period.

M/s Bharat Expo International, Gurgaon.

01/36/218/52/AM- 17/EPCG-I 0530151576 dated 18.03.2010
0530152091 dated 12.05.2010 Condonation of delay in obtaining the installation certificate from Central Excise. has fulfilled 97.39% EO in respect of authorization No.

76 dated 18.03.2010
0530152091 dated 12.05.2010 Condonation of delay in obtaining the installation certificate from Central Excise. has fulfilled 97.39% EO in respect of authorization No. 0530152091 dated 12.05.2010 and 109% EO in respect of authorization No. 0530151576 dated 18.03.2010.

The Committee observed that the party has submitted the installation certificate from Central Excise but there was a delay in installation of Capital Goods beyond 18 months.

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

M/s Tayo Rolls Ltd, Kolkata

01/37/218/27/AM- 17/EPCG-II 0230001643 dated 17.07.2006 0230001746 dated 01.09.2006 0230002939 dated 17.01.2008 0230003075 Acceptance of Chartered Engineer certificate in lieu of central excise. submission of the party that they had obtained installation certificate from a Chartered Engineer instead of central excise authorities. They subsequently approached Central Excise authority but installation certificate was not issued due to inordinate delay.

e from a Chartered Engineer instead of central excise authorities. They subsequently approached Central Excise authority but installation certificate was not issued due to inordinate delay.

dated 10.03.2008 0230003506 dated 06.08.2008 0230003568 dated 26.08.2008 0230003717 dated 21.10.2008 0230003746 dated 04.11.2008 0230003761 dated 07.11.2008 0230003763 dated 10.11.2008 0230003917 dated 29.12.2008 0230003942 dated 07.01.2009 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 submission of verification certificate from Central Excise authority that the capital goods are installed in their premises.

M/s S.J. Fabrics, Ludhiana.

01/37/218/41/AM- 17/EPCG-II 3030002356 dated 17.01.2007 EO and extension of EOP for 2 years. have fulfilled 34% EO during the original EOP. The Committee took into account the submission of the party that they could not fulfil their entire EO due to recession in international market and non-availability of export orders. Further, at present they have export orders in hand.

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

(a) extension of block-wise EOP, as within the prescribed time period.

rders in hand.

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

(a) extension of block-wise EOP, as 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 each 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

within the prescribed time

period.

M/s Victora Tool Engineers (P) Ltd, New Delhi.

01/37/218/258/AM- 16/EPCG-II 0530140486 dated 22.02.2006 EO and extension of EOP for 2 years. has not made any exports even after expiry of EOP. The party has not furnished copy of valid export orders. The Committee therefore decided to defer the request of the party.
11. M/s Witzenman India Pvt. Ltd, Kolkata

01/37/218/02/AM- 17/EPCG-II 0230001668 dated 28.07.2006 i. Extension of EOP; and
ii. Condonation of submission installation certificate from central excise. submission of the party that they could not obtain Bill of Exports in respect of supplies made to
SEZ Units under ARE-I. Now, the party has sufficient export orders in hand and are confident to fulfil the EO within extended time.

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

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.

submission of the party that they had obtained the installation certificate from the Chartered Engineer and also approached to Central Excise authorities for issuance of installation certificate but they did not issue the certificate due to time bar.

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/- and submission of verification certificate from Central Excise authority that the capital goods are installed in their premises.

M/s S.R. Industries Limited, Mohali.

01/37/218/57/AM- 17/EPCG-II 2230001263 dated 12.01.2010 2230001281 dated 28.01.2010 Extension of EOP for 2 years. submission of the party that they could not fulfil EO due to weak demand in global market and competition from neighbouring countries. Now, they have sufficient export orders in hand

2 years. submission of the party that they could not fulfil EO due to weak demand in global market and competition from neighbouring countries. Now, they have sufficient export orders in hand

and are confident to fulfil export obligation within extended EOP.

The Committee deliberated upon the DG for relaxation under Para 2.58 of FTP 2015-20 to allow
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 2009-14, as the party could not apply to RA within the prescribed time period.

M/s Padam Engineering, Faridabad.

01/37/218/34/AM- 17/EPCG-II 0530140199 dated 04.01.2006 Condonation of procedural lapse of not mentioning EPCG authorization number on shipping bills for discharge of EO. submission of the party that they have fulfilled their entire EO and applied for redemption to CLA, New Delhi, but CLA, New Delhi has issued D/L stating that ‘no export incentive’ shipping shall not to be considered for fulfilment of EO as EPCG authorization number was not mentioned on all the shipping bills.

The Committee took into account the fact that the party has mentioned their name and EPCG authorization number in the A.R.E. forms and the A.R.E.

not mentioned on all the shipping bills.

The Committee took into account the fact that the party has mentioned their name and EPCG authorization number in the A.R.E. forms and the A.R.E. number is mentioned on the shipping bills which establish a link between A.R.E forms and shipping bills.

of FTP 2015-20 to condone the procedural lapse of not mentioning EPCG authorization number and date on the ARE-1 subject to verification of ARE-1 forms by the concerned Jurisdictional Central Excise Authority that the supply of goods have actually been made to indigenous supplier and verification by Jurisdictional Central Excise Authority of the recipient unit.

The Committee further recommended imposition of a composition fee of Rs. 200/- on shipping bill where EPCG authorization number has not been mentioned and which are being counted for fulfilment of EO. RA would ensure that there is no double counting of exports/Shipping Bills.

ing bill where EPCG authorization number has not been mentioned and which are being counted for fulfilment of EO. RA would ensure that there is no double counting of exports/Shipping Bills.

M/s Pundrik Textile Mills Pvt. Ltd, Ludhiana

01/37/218/44/AM- 17/EPCG-II 3030001750 dated 26.05.2006 3030004471 dated 02.09.2008 Extension of EOP for 2 years. has not made any exports till date and have not submitted valid export orders. The Committee, therefore, decided to defer the case with directions to obtain valid export orders from the party.
15. M/s Shriram Pistons & Rings Ltd, Ghaziabad.

01/37/218/77/AM- 17/EPCG-II 0530156840 dated 02.11.2011 Permission for shifting of capital goods. submission of the party that they had imported 04 numbers of capital goods. Due to change in business scenario they want to shift one of these machines from their unit located at SP-1892 & 893, Pathredi, Industrial Area, Near Chopanki, Bhiwadi, Alwar, Rajasthan to their other unit located at A-4 to A-7, Industrial Area-3, Meerut Road, Ghaziabad. Both the addresses are mentioned in IEC and RCMC.

case and decided to permit shifting of capital goods i.e. one machine out of four, from manufacturing unit located at SP-1892 & 893, Pathredi, Industrial Area, Near Chopanki, Bhiwadi, Alwar, Rajasthan to their other unit located at A-4 to A-7, Industrial Area-3, Meerut Road, Ghaziabad. The party shall submit fresh installation certificate to RA within 6 months from the date of installation of capital goods at the new unit. 16.

A-7, Industrial Area-3, Meerut Road, Ghaziabad. The party shall submit fresh installation certificate to RA within 6 months from the date of installation of capital goods at the new unit. 16. M/s Rothe Erde India Pvt. Ltd., Nashik

01/37/218/65/AM- 16/EPCG-II 3130005607 dated 23.03.2011 3130005308 dated 01.12.2010 3130005372 dated 22.12.2010 3130005590 dated 16.03.2011 3130005587 dated 16.03.2011 3130003976 dated 22.04.2009 3130004721 dated 06.04.2010 i. Extension of EOP for 2 years; ii. Regularization of exports made by Group Company for fulfillment of EO. The C o m m i t t e e n o t e d t h a t t h e
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. Representative of DOR informed that the report from DRI is yet to be received.

The Committee therefore decided to defer the case with directions to remind DoR to expedite their comments.

M/s Vinram Exim Pvt. Ltd, Noida

01/37/218/283/AM- 16/EPCG-II 0530143953 dated 21.06.2007 EO and extension of EOP for 2 years. submission of the party that they could not fulfil the EO due to stiff global competition, increase in cost of production and raw material. Now, they have sufficient export orders in hand and are confident of fulfilling the EO in extended period.

e EO due to stiff global competition, increase in cost of production and raw material. Now, they have sufficient export orders in hand and are confident of fulfilling the EO in extended period.

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

(a) extension of block-wise EOP, as 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 each block in terms of the provisions of Para 5.8.3 of HBP 2004-09; and (b) extension in EOP for 2 years on payment of composition fee equal to 2% of proportionate duty saved amount on unfulfilled EO or an enhancement in EO imposed to the extent of 10% of total EO at the choice of exporter, for each year of extension sought in terms of provisions contained in

Para 5.11 of HBP 2004-09, as

within the prescribed time period.

M/s Tata Steel Limited, Mumbai

01/37/218/71/AM- 17/EPCG-II 0230010050 dated 13.01.2015 0230009155 dated 12.11.2013 0230008497 dated 20.12.2012 Extension in time for installation of capital goods up to March, 2017. submission of the party the installation of the item was required to be completed by July, 2015 which could not be completed due to delay in civil work and delay in import of other indigenous equipment.

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 time for submission of installation certificate up to 31st
March, 2017, subject to payment of composition fee of Rs.5000/- for each authorization.

M/s Steel Authority of India Limited (Salem Steel Plant).

01/37/218/86/AM- 16/EPCG-II 3230012793 dated 12.11.2008 3230012792 dated 11.11.2008 3230012959 dated 30.12.2008 3230012958 dated 30.12.2008 i. Inclusion of similar product i.e. mild steel material as item of export; ii. Permission to count the exports of mild steel flat products made by other plants/ units of SAIL from the date of issue of EPCG submission of the party that they had obtained 12 EPCG authorizations during AM-09 to AM-10 with export products “stainless steel sheets/ strips” and exports made by their Salem Steel Plant (SSP).

sion of the party that they had obtained 12 EPCG authorizations during AM-09 to AM-10 with export products “stainless steel sheets/ strips” and exports made by their Salem Steel Plant (SSP).

The Committee noted that the comments of Technical Authority that the capital goods imported by Salem Steel Plant under the said EPCG

3230012960 dated 30.12.2008 3230013071 dated 06.02.2009 3230013230 dated 31.03.2009 3230013248 dated 01.04.2009 3230013510 dated 09.07.2009 3230013551 dated 17.07.2009 3230014029 dated 23.11.2009 3230014062 dated 30.11.2009 authorizations for fulfillment of EO; iii. Re-fixation of EO in terms of Policy Circular No. 10 dated 27.12.2012. authorizations are primarily meant for producing/processing stainless steel strips in sheet and coil form. However, most of the equipments can also be used for producing/processing non- alloy steel strips.

case and decided to defer the same due to absence of the technical member.

In respect of the third request, the party should approach the RA concerned.

M/s Shree Swami Samarth Shetkari Wa Vinkari Sahakari Soot Girani Ni. Valsang., Solapur

01/37/218/73/AM- 17/EPCG-II 3130002295 dated 23.02.2007 EOP. has fulfilled their entire EO during the 2nd block period.

DG for relaxation under Para of FTP 2015-20 to allow extension of block-wise EOP, as the party could not apply to RA within the prescribed time period.

during the 2nd block period.

DG for relaxation under Para 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 each block in terms of the provisions of Para 5.8.3 of HBP 2004-09.

M/s Vishal Holo solutions (P) Ltd, Patiala

01/37/218/79/AM- 17/EPCG-II 3030005200 dated 23.04.2009 EOP. has fulfilled 19.82% EO in the first block period.

The Committee deliberated upon the DG for relaxation under Para 2.58 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 each block in terms of the provisions of

Para 5.8.3 of HBP 2009-14.

M/s Skanem Interlabels Industries Pvt. Ltd, Mumbai 0330006769 dated 05.10.2004 Regularization of the shifting of capital goods. The Committee noted that the place of installation of Capital Goods as per authorization should have been at National Plastic Industries Ltd

01/37/218/15/AM- 16/EPCG-II Compound, Western Express Highway, Thane. However, they have shifted the capital goods to other unit located at M/s Interlabel Industries Pvt. Ltd at 59, Nandan Estate, Maljipada, Western Express Highway, Vasai (E) District Thane, Maharashtra and obtained installation certificate of new address from Central Excise. Party stated that both the addresses are mentioned in IEC and RCMC.

case and decided to regularize the
shifting of capital goods from National Plastic Industries Ltd Compound,

Western Express Highway, Thane to other unit at 59, Nandan Estate, Maljipada, Western Express Highway, Vasai (E) District Thane, Maharashtra subject to payment of composition fee of Rs. 5000/-. 23 M/s Mahalakhsmi Poly Weaves (India) Pvt. Ltd., Avinashi.

18/134/AM-15/P-5 3230007771 dated 31.08.2006 EO and first & second EOP extension (i.e. 2+2 years).
submission of the party that they were unable to fulfil the EO due to non- availability of export orders. Now, they have confirmed export orders in hand.

of FTP 2015-20 to allow:

a) extension of block-wise EOP, as within the prescribed time period.

EO due to non- availability of export orders. Now, they have confirmed export orders in hand.

of FTP 2015-20 to allow:

a) extension of block-wise EOP, as 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.

The party should approach RA concerned for 2nd EOP extension in terms of the policy provisions applicable at the time of issuance of the said authorization.

M/s Ladhar Paper Mills, Jalandhar.
3030003468 dated Condonation of delay in has fulfilled their entire EO during the

ns applicable at the time of issuance of the said authorization.

M/s Ladhar Paper Mills, Jalandhar.
3030003468 dated Condonation of delay in has fulfilled their entire EO during the

18/60/AM-17/P-5 05.12.2007 submission of installation certificate issued by Central Excise. original EOP.

submission of the party that they have already obtained the installation certificate from Central Excise but the same has been lost. The Committee observed that the party has obtained the fresh installation certificate from Central Excise on 16.02.2016, which, however is beyond the stipulated time period.

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

M/s Amarnath Dyeing & Bleaching Works Pvt. Ltd., Howrah

01/36/218/33/AM- 17/EPCG-I 0230003229 dated 06.05.2008 EOP and extension of EOP for 2 years. submission of the party that they were unable to fulfil the EO due to global economic recession and economic slowdown. Further, at present they have export orders in hand and are confident to fulfil entire EO within the extended time period.

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

a) extension of block-wise EOP, as within the prescribed time period.

dent to fulfil entire EO within the extended time period.

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

a) extension of block-wise EOP, as 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 Hyderabad Trade Expocentre Pvt. Ltd., New Delhi.

0530143794 dated 31.05.2007 EOP.
submission of the party that they were unable to fulfil the first block EO due Telangana Million March agitation. The Committee noted that they have

0530143794 dated 31.05.2007 EOP.
submission of the party that they were unable to fulfil the first block EO due Telangana Million March agitation. The Committee noted that they have

01/36/218/53/AM- 17/EPCG-I 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 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. 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 extended time period.

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

a) extension of block-wise EOP, as within the prescribed time period.

EO including average EO within the extended time period.

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

a) extension of block-wise EOP, as 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. c) Second extension in EO period upto 11.10.2016 beyond the two years period permitted in para (b) above in terms of para 5.11 of Foreign Trade Procedures 2004- 2009 RE 2005.

The party should approach RA concerned for inclusion of alternate products in terms of the policy provisions applicable at the time of

of Foreign Trade Procedures 2004- 2009 RE 2005.

The party should approach RA concerned for inclusion of alternate products in terms of the policy provisions applicable at the time of

issuance of the said authorization.

Shifting of capital goods will be allowed only after the completion of EO.

M/s Kirby Building Systems India (Uttaranchal) Pvt. Ltd., Haridwar.

01/36/218/81/AM- 14/EPCG-I 0530141833 dated 29.08.2006 Condonation of procedural lapse for mentioning of multiple EPCG authorization numbers on bills of exports. has fulfilled more than 100% EO within original EOP.

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 and the shipping bills are not prior to date of issuance of subject authorization. The Committee further recommended imposition of a composition fee of Rs. 200/- on each such shipping bill where more than one EPCG authorization number has been endorsed and which are being counted for fulfilment of EO.

M/s Cold Forge, Faridabad.

01/36/218/284/AM- 14/EPCG-I 0530141043 dated 15.05.2006 Accounting of the shipping bill no. 2022044 dt. 08.12.2009 for redemption. has fulfilled 81.70% EO within original EOP.

idabad.

01/36/218/284/AM- 14/EPCG-I 0530141043 dated 15.05.2006 Accounting of the shipping bill no. 2022044 dt. 08.12.2009 for redemption. has fulfilled 81.70% EO within original EOP.

submission of the party that they have mentioned wrong EPCG authorization number on shipping bill No. 2022044 dt. 08.12.2009.

of FTP 2015-20 to allow to count the shipping bill no. 2022044 dt. 08.12.2009 for fulfilment of EO in respect of EPCG authorization No. 0530141043 dated 15.05.2006 subject to the condition that there is no double counting of exports/Shipping Bill. The Committee further recommended imposition of a composition fee of Rs. 200/- on shipping bill where wrong EPCG authorization number has been endorsed and which are being counted for fulfilment of EO.

RA may ensure that the item of export

in shipping bill no. 2022044 dt. 08.12.2009 should be same as mentioned in EPCG authorization No. 0530141043 dated 15.05.2006.

M/s James Hotels Limited, Chandigarh.

01/36/218/248/AM- 16/EPCG-I 2230000865 dated 07.03.2008 EO and extension of EOP for 2 years. submission of the party that they have fulfilled 46% EO during the original EOP. However, they could not fulfil the entire EO during the original EOP due to delay in completion of their project and restructuring of their term loan by their banks. They have submitted a copy of the details of EO fulfilment duly certified by Chartered Accountant.

of FTP 2015-20 to allow:

a) extension of block-wise EOP, as within the prescribed time period.

have submitted a copy of the details of EO fulfilment duly certified by Chartered Accountant.

of FTP 2015-20 to allow:

a) extension of block-wise EOP, as 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 Kutch Chemical Industries Limited, Baroda.

01/36/218/134/AM- 13/EPCG-I 3430000493 dated 31.01.2005 EO Period. has fulfilled their entire EO during the 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.

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 Audhyonic Utpadak Evam Vipnan Sahkari Samiti Limited – JEI, Meerut.

01/36/218/109/AM- 16/EPCG-I 0530143368 dated 26.03.2007 EOP and extension of EOP for 2 years. Representative of DOR stated that they need to call for comments regarding a pending DRI investigation. The Committee therefore decided to defer the case. 33. M/s Sangat Printers (P) Ltd, New Delhi.

01/37/218/95/AM- 17/EPCG-II 0530145281 dated 27.12.2007 EOP has fulfilled 100% EO through third party exports during the original EO period.

The Committee deliberated upon the DG for relaxation under Para 2.58 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 each block in terms of the provisions of

Para 5.8.3 of HBP 2004-09.

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 SKY Pack Pvt. Ltd, Faridabad.

01/37/218/99/AM- 17/EPCG-II 0530151549 dated 16.03.2010 EOP has fulfilled 53.33% EO through third party exports during the original EO period.

The Committee deliberated upon the DG for relaxation under Para 2.58 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 each block in terms of the provisions of

Para 5.8.3 of HBP 2004-09.

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 Radcoflex India Pvt. Ltd, Tamil Nadu.

01/37/218/215/AM- 16/EPCG-II 0430004365 dated 27.11.2006 i. Inclusion of additional products for EO; and
ii. Extension of EOP. has not made any export even after expiry of EOP and have not produced valid export orders. The Committee therefore decided to defer the case with directions to obtain copy of valid export orders from the party.

M/s Richa Global Exports Pvt. Ltd., New Delhi.

18/126/AM- 13/EPCG-II 0530140894 dated 19.04.2006 0530140895 dated 19.04.2006 0530141439 dated 07.07.2006 0530141506 dated 17.07.2006 0530141775 dated 23.08.2006 Counting of exports of the party for fulfillment of EO of EPCG authorization.
The Committee observed that the partnership firm M/s Richa Knitwears (authorization Holder) was taken over by Private Limited Company M/s Richa Global Exports Private Limited w.e.f. 01.07.2006 and all the assets and liabilities of the firm M/s Richa Knitwears were transferred to M/s Richa Global Exports Private Limited.
The case was considered in the EPCG Committee meeting held on 14.6.2013 The matter was checked up from the RA to know why the party was issued licences in the name of M/s Richa Knitwears even after amalgamation on 01.07.2006 and it was found that the applications in respect of two cases were made after the amalgamation.

arty was issued licences in the name of M/s Richa Knitwears even after amalgamation on 01.07.2006 and it was found that the applications in respect of two cases were made after the amalgamation. Hence, it was decided to reject the case and to advice the RA to seek clarification from the party.

submission of the party that the amalgamation took place on 01.07.2006 but there was a transition period because of pending export and import orders in the name of M/s Richa Knitwears and it was required to execute these pending export orders in their own name because these orders were issued by the buyers and entered in the system before amalgamation.

The Committee also noted that the proceedings held at the Meeting of Board of Directors on 15.6.2006, it was informed by the chairman that the very purpose of incorporation of the company was to take over the running business of Richa Knitwears. The ‘Draft Agreement’ to be executed for conversion of running business Richa Knitwears into the company was also approved by the Board.

The company had represented before DG for review of the earlier decision stating that it was a mere technical error and has not violated any of the provisions of FTP. The exports had been made and realization received indicating EPCG authorization number and as such they should not be penalised.

chnical error and has not violated any of the provisions of FTP. The exports had been made and realization received indicating EPCG authorization number and as such they should not be penalised.

The Committee, therefore, decided to recommend to DG for relaxation
under Para 2.58 of FTP 2015-20 to allow counting of export sale of M/s Richa Global Exports Limited for EO fulfillment against the EPCG Licence issued to M/s Richa Knitwears subject to re-fixation of Average Export

Obligation.

M/s Emami Paper Mills Limited, Kolkata.

01/36/218/69/AM- 17/EPCG-I 0230001666 dated 28.07.2006
0230002165 dated 02.02.2007
0230002277 dated 09.04.2007
0230002400 dated 07.06.2007
0230002643 dated 24.09.2007 Extension of EOP for 2 years. The Committee observed that report from RA had not been received in this case despite reminder. Hence, the Committee decided to defer the case.

M/s RSB Transmissions (I) Ltd., Pune,

01/37/218/65/AM- 17/EPCG-II 3130005652
dated 12.04.2011 3130004838 dated 28.05.2010 3130003590 dated
17.11.2008 3130004198 dated
24.09.2009 3130002785 dated
07.11.2007 3130003132 dated
14.05.2008 3130003257 dated
27.06.2008 3130004670 dated
19.03.2010
3130003133 dated
14.05.2008 3130003210 dated 17.06.2008 3130002947 dated
07.02.2008 3130002955
dated 11.02.2008 3130002694 dated 12.09.2007 3130002826
dated 05.12.2007 3130003101 dated 16.04.2008 EOP and extension in EOP.

d 17.06.2008 3130002947 dated
07.02.2008 3130002955
dated 11.02.2008 3130002694 dated 12.09.2007 3130002826
dated 05.12.2007 3130003101 dated 16.04.2008 EOP and extension in EOP. has not made any exports till date and also not submitted the copy of valid export orders. The Committee, therefore, decided to defer the case.

M/s Quantaplast Polymer Pvt. Ltd., Jaipur.

01/37/218/94/AM- 17/EPCG-II 1330001709 dated 26.10.2007
1330001732 dated 28.11.2007
1330001822 dated 31.03.2008 1330001823 dated 31.03.2008
1330001846 dated 29.05.2008 EO and extension of EOP for 2 years. has not made any exports till date and also not submitted the copy of valid export orders. The Committee, therefore, decided to defer the case.
40. M/s Indian Immunologicals Limited, Hyderabad.

01/36/218/243/AM- 16/EPCG-I 0930005681 dated 18.03.2010 i. Fulfilment of EO through other unit; ii. Extension of block- wise EOP. In respect of the first request for fulfilment of EO through other unit, the party should approach the RA concerned.

submission of the party that the CGMP (Current Good Manufacturing Practice) process is still on and they are unable to fulfil the require 50% EO in first block period. The Committee deliberated upon the case and decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow extension of block-wise EOP, as the party could not apply to RA within the prescribed time period.

the case and decided to recommend to DG for relaxation under Para 2.58 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 Canara Traders & Printers Pvt. Ltd., Chennai.

01/36/218/34/AM- 17/EPCG-I 0430006723 dated 15.10.2008 EOP. submission of the party that they could not fulfil the EO due to recession in the printing industry and non-availability of export orders.

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.

DGFT = Directorate General of Foreign Trade, 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, IEC = Importer-Exporter Code, DOR = Department of Revenue, RCMC = Registration-cum-Membership Certificate.