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MINUTES OF EPCG COMMITTEE MEETING HELD UNDER THE CHAIRMANSHIP OF SHRI JAIKANT SINGH, ADDITIONAL DIRECTOR GENERAL OF FOREIGN TRADE AT 14:30 Hours ON 30.01.2017.

Following officers attended the meeting:

a. Shri Akash Taneja, Joint Director General of Foreign Trade, DGFT b. Shri D.K. Gupta, Director (DBK), Department of Revenue c. Smt. Chitra Sharma, Deputy Director General of Foreign Trade, DGFT d. Shri Kumar Rahul, Deputy Director General of Foreign Trade, DGFT

II. Minutes of the last Meeting held on 19.12.2016 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 Avanti Leathers Limited, Chennai.

01/36/218/55/AM- 17/EPCG-I 0430008332 dated 16.03.2010 Extension of block-wise EOP and extension of EOP for 2 years. The Committee took into account, the submission of the party that they could not fulfil the EO within original EOP due to absence of export orders. Presently, they have exports order in hand.

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.

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 2009-14; 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 2009-14, as the party could not apply to RA within the prescribed time period.

Third party exports shall be subject to conditions prescribed in Para 5.10 (d) of HBP 2015-20 read with Policy Circular No.3/2015-20 dated 02.09.2015.

This has the approval of DG.
2. M/s Heritage Foods Limited, Telangana.

01/36/218/92/AM- 17/EPCG-I 0930003236 dated 07.06.2007 EOP for one year. The Committee took into account, the submission of the party that they have fulfilled 70.52% EO within original EOP and 31.21% EO was fulfilled after the expiry of original EOP. They could not fulfil the EO within original EOP due to fall in international prices of Diary Milk products and difficulties in securing exports orders within the original EOP

of original EOP. They could not fulfil the EO within original EOP due to fall in international prices of Diary Milk products and difficulties in securing exports orders within the original EOP

(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 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 extension sought in terms of HBP 2004-09, as the party could not apply to RA within the prescribed time period.

M/s Komal Foods (P) Limited, Nagpur.

01/36/218/228/AM- 17/EPCG-I 0330010544 dated 19.12.2005 EOP. The Committee noted that the party has fulfilled their entire EO during 2nd block period against the Authorization.

The Committee took into account the not fulfil the block wise EO against this Authorization due to non-availability of export orders.

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 Kaveri Ginning Mills Pvt. Ltd., Karimnagar.

01/36/218/200/AM- 17/EPCG-I 0930004114 dated 17.06.2008 0930004429 dated 25.09.2008 EOP.

provisions of Para 5.8.3 of HBP 2004- 09.

M/s Kaveri Ginning Mills Pvt. Ltd., Karimnagar.

01/36/218/200/AM- 17/EPCG-I 0930004114 dated 17.06.2008 0930004429 dated 25.09.2008 EOP. fulfilled entire EO during 2nd block period.

not fulfil the block wise EO against this Authorization due to recession and fluctuation of rates on their products in

the global market.

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 Malla Reddy Cotton Industries, Karimnagar.

18/131/AM-17/P-5 0930005207 dated 08.10.2009 EOP. The Committee took into account not fulfill export obligation in the first block of EOP due to non-availability of export orders and export rates being uncompetitive in comparison with domestic market. Presently, they have export orders in hand and are confident to fulfill the EO within extended EOP.

for relaxation under Para 2.58
of FTP 2015-20 to allow extension of 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 2009-14.

M/s Dabur India Limited, New Delhi.

01/36/218/177/AM- 16/EPCG-I 0530135701 dated 13.02.2004 Second extension of EOP for further 2 years i.e. upto 12.02.2016.

ra 5.8.3 of HBP 2009-14.

M/s Dabur India Limited, New Delhi.

01/36/218/177/AM- 16/EPCG-I 0530135701 dated 13.02.2004 Second extension of EOP for further 2 years i.e. upto 12.02.2016. The Committee noted that the request of the party for EO extension was placed before the EPCG Committee on 30.05.2016, wherein it was rejected on the grounds that there were no policy provisions for the same at the time of issuance of the authorization.

already submitted 50% of duty saved amount with Customs for second EOP extension as per Para 5.11(b) of HBP.

comments of DoR vide OM No.605/59/2016-DBK dated 11.01.2017 on the issue of granting second EOP extension in cases where the FTP allowed for only one EO extension. DoR has stated that such requests need to be examined considering the amount of duty foregone in the licenses involved, proportion of obligations not fulfilled and quantum of revenue that would get deferred and the capabilities of licence holders to meet EO in extended period based on extent of present EO fulfilled

oportion of obligations not fulfilled and quantum of revenue that would get deferred and the capabilities of licence holders to meet EO in extended period based on extent of present EO fulfilled

and to allow relaxation in deserving cases through relaxation of policy by the Committee.

The Committee, therefore, decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow second extension in EOP beyond 2 years subject to fulfillment of provisions of Para 5.11(b) of HBP before endorsement of extension is made on EPCG authorization by RA concerned.

M/s Knitcraft Apparels International Pvt. Ltd., New Delhi.

01/36/218/387/AM- 14/EPCG-I 0530143264 dated 13.03.2007 Regularization of exports made by alternate product in terms of Para 5.4 (i) of FTP 2004-09. submission of the party that they had fulfilled entire EO during original EOP by export of Embroidered Readymade Garments, but had not mentioned the word “embroidered” in the description of export item on the shipping bills. 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.

The Committee, therefore, decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow counting of exports of alternate products viz. ‘readymade garments’ manufactured by them, in terms of para 5.4 (i) FTP 2004-09.

nd to DG for relaxation under Para 2.58 of FTP 2015-20 to allow counting of exports of alternate products viz. ‘readymade garments’ manufactured by them, 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 as per policy.

M/s Kanodia Global (P) Ltd.

01/36/218/56/AM- 17/EPCG-I 0530158354 dated 14.05.2012 Regularization of shifting of capital goods.

submission of the party that as per the authorization, they had to install the CG at 122/123, Sector -25, Industrial Area, Phase-II, Panipat, Haryana. However, due to their revised expansion plan, they decided to install the CG at their other unit/premises at Plot No. 300-I, Sector-53, EPIP Industrial Estate, HSIDC, Kundli District - Sonepat, Haryana. The addresses of both units are endorsed on IEC of the company.

The Committee, therefore, decided to regularise the shifting of capital goods in respect of the EPCG authorization from 122/123, Sector -25, Industrial Area, Phase-II, Panipat, Haryana to Plot No. 300-I, Sector-53, EPIP Industrial Estate, HSIDC, Kundli District

Sonepat,

espect of the EPCG authorization from 122/123, Sector -25, Industrial Area, Phase-II, Panipat, Haryana to Plot No. 300-I, Sector-53, EPIP Industrial Estate, HSIDC, Kundli District

Sonepat,

Haryana subject to payment of composition fee of Rs. 5000/- against the authorization. 9. M/s Kumaran Nets Pvt. Ltd., Tamilnadu.

01/36/218/218/AM- 17/EPCG-I 3530003319 dated 01.07.2008 EOP for 2 years. not fulfil any EO during original EOP due to cancellation of export orders and global market slowdown. However, at present they have sufficient export orders in hand and are confident to fulfil the EO within extended EOP.

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 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 Jain Amar Clothing Pvt. Ltd., Ludhiana.

01/36/218/235/AM- 17/EPCG-I 3030012384 dated 24.04.2014 Condonation of procedural lapse of mentioning wrong EPCG authorization Number in Shipping Bill No.3611783 dated 17.10.2015.

01/36/218/235/AM- 17/EPCG-I 3030012384 dated 24.04.2014 Condonation of procedural lapse of mentioning wrong EPCG authorization Number in Shipping Bill No.3611783 dated 17.10.2015. submission of the party that they have inadvertently endorsed wrong EPCG authorization number on the subject shipping bill. Further, the party has also given an undertaking that the above mentioned shipping bill No.3611783 dated 17.10.2015 has not been taken into account for fulfillment of Specific EO against any other EPCG authorization.

FTP 2015-20 to condone the procedural lapse of inadvertently mentioning wrong authorisation number while filing said the shipping bill, subject to the condition that there is no double counting of exports/Shipping Bills for EO fulfillment and payment of a

composition fee of Rs. 200/- .

The Committee further noted that any third party export shall be subject to HBP 2015-20 read with policy circular No. 3 dated 02.09.2015.

M/s J.M. Mhatre Infra Pvt. Ltd., Raigad.

01/36/218/142/AM- 17/EPCG-I 0330018817 dated 17.01.2008 0330018391 dated 12.12.2007
0330018436 dated 17.12.2007
0330018437 dated 17.12.2007 EOP for 02 years. not fulfil any EO within original EOP against these authorizations due to market conditions and export duty on their export product. Further, Party has submitted that with the lifting of export duty and the fact that they are having sufficient export orders in hand at present and that they are confident to fulfil the EO within extended EOP.

has submitted that with the lifting of export duty and the fact that they are having sufficient export orders in hand at present and that they are confident to fulfil the EO within extended EOP.

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 terms of the provisions of Para b) extension of EOP for 2 years on to 2% of proportionate duty saved extension sought in terms of HBP 2004-09, as the party could not apply to RA within the

M/s Gears and gear Drives (India) Pvt. Ltd., Bangalore.

01/36/218/148/AM- 17/EPCG-I
0730006468 dated 04.01.2008
0730006469 dated 04.01.2008 Condonation of non- maintenance of year-wise annual average EO offset by exports in other years. submission of the party that they have not maintained the average EO during the year 2008-09 to 2010-11 and the same has been offset by excess exports made in the years 2007-08 and 2011-12.

FTP 2015-20 to allow condonation of non-maintenance of Annual Average EO

ring the year 2008-09 to 2010-11 and the same has been offset by excess exports made in the years 2007-08 and 2011-12.

FTP 2015-20 to allow condonation of non-maintenance of Annual Average EO

as the authorization holder has covered the shortfall in Average EO by excess exports in other years subject to verification of CA certificate submitted by the party by RA.

M/s Jindal Specialty Textiles Limited, Ludhiana.

01/36/218/214/AM- 17/EPCG-I 3030006461 dated 19.03.2010 3030007172 dated 26.08.2010 EOP. fulfilled 0.63% EO in the first block period and 18.80% EO in the second block period in respect of EPCG Authorization No. 3030006461 dated 19.03.2010 and fulfilled Nil EO against authorization No.3030007172 dated 26.08.2010. The EOP of these authorizations are valid up to 18.03.2018 and 25.08.2018.

not fulfil 50% EO in the 1st block period EOP due to shortage of electricity supply at their unit and delay in obtaining environmental clearance.

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 Guru Nanak Industries & Allied Products, Ludhiana.

01/36/218/62/AM- 17/EPCG-I 3030006098 dated 21.12.2009 EOP. not fulfil 50% EO in 1st block period of EOP.

.3 of HBP 2009- 14.

M/s Guru Nanak Industries & Allied Products, Ludhiana.

01/36/218/62/AM- 17/EPCG-I 3030006098 dated 21.12.2009 EOP. not fulfil 50% EO in 1st block period of EOP. Further, Party has furnished the copy of proforma invoice of export order in hand and are confident to fulfil the EO within the EOP.The EOP of the authorization is valid up to 20.12.2017.

case and decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow extension of period. This shallbe subject to payment 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 Arjun Pulp and Paper (India) Pvt. Ltd., Chennai.

0430005659 dated 02.01.2008 i) Condonation of delay in installation of capital goods (CG The Committee noted that the request of M/s Arjun Pulp and Paper (India) Pvt. Ltd., Chennai (formerly known as M/s Vesuvio Paper Pvt Ltd) for condonation

in installation of capital goods (CG The Committee noted that the request of M/s Arjun Pulp and Paper (India) Pvt. Ltd., Chennai (formerly known as M/s Vesuvio Paper Pvt Ltd) for condonation

01/36/218/73/AM- 17/EPCG-I installed on 26.03.2014 after a delay of more than 06 years). ii) Extension of block wise EOP. iii) Extension of EOP for 03 years i.e. up to 01.01.2019. of delay in installing the capital goods had earlier been rejected in the EPCG Committee meeting held on 24.07.2013 on the grounds that this Directorate had already granted sufficient extension of time to the party for installation of capital goods and since the company was in financial crisis and it was apprehended that extending the time of installation further would have led to loss of government revenue.

submission of party that they have since installed the Capital Goods and installation certificate issued by the Central Excise Authority on 26.03.2014 has been obtained. They have also started production of tissue paper in the unit since 2014 and are geared for exports.

The Committee also took into account the submission of the party that they could not fulfil the EO during the original EOP due to delay in installation. Party has now submitted an agreement with M/s Expo Commodities DMCC for export of their products to various countries.

a) condonation of delay in submission of installation certificate subject to payment of composition fee of Rs.

h M/s Expo Commodities DMCC for export of their products to various countries.

a) condonation of delay in submission of installation certificate subject to payment of composition fee of Rs. 5000; b) 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 terms of the provisions of Para c) extension of EOP for 2 years i.e. upto 01.01.2018 on payment of composition fee equal to 2% of proportionate duty saved amount on unfulfilled EO or an extension sought in terms of HBP 2004-09, as the party could not apply to RA within the

conditions prescribed in Para 5.10 (d)
of HBP 2015-20 read with Policy Circular

M/s

Brightstar Syntex Pvt. Ltd., Mumbai

01/36/218/172/AM- 17/EPCG-I 0330018130 dated 19.11.2007 EOP. submission of the party that due to slowdown in the international market, they could not fulfil 50% EO in the first block. The Committee noted that the party has fulfilled their entire EO during the second block period.

of FTP 2015-20 to allow extension of 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 Highland Produce Company Limited, Cochin

01/36/218/85/AM- 16/EPCG-I 1030001279 dated 09.01.2008 Transfer of EPCG authorization on the basis of slump sale.

3 of HBP 2004- 09.

M/s Highland Produce Company Limited, Cochin

01/36/218/85/AM- 16/EPCG-I 1030001279 dated 09.01.2008 Transfer of EPCG authorization on the basis of slump sale. The Committee noted that the request of the party was earlier placed before the EPCG Committee meeting held on 29.03.2016, wherein the case was deferred for obtaining registered MOU/deed from the party.

The representative of the party appeared before the EPCG Committee meeting held on 30.01.2017 and handed over the memorandum which confirmed that the capital goods would be transferred in the name of “M/s Doors and More Wood Products Limited” who shall fulfill the export obligation under EPCG Scheme and will take liability, if any, in the event of non-fulfilment of EO shall be borne by them. The party also submitted a copy of agreement for sale of the unit registered with the registering authority at Annur, Coimbatore.

The Committee also took into account the submission of the party that due to competition in international market, they were unable to complete the EO in first block. Further, for fulfillment of EO and to continue operations of the factory, the party had decided to sell the manufacturing facility at Branch Code – 8, No. 1155, SF. No. 681/2a, 2b/ 2c, Kanjapalli village, Coimbatore along with all assets and liabilities including EO to “M/s Doors and More Wood products Ltd.”, on the basis of slump sale agreement.

1155, SF. No. 681/2a, 2b/ 2c, Kanjapalli village, Coimbatore along with all assets and liabilities including EO to “M/s Doors and More Wood products Ltd.”, on the basis of slump sale agreement.
The party confirmed that the plant and machinery will remain in the same premises even after the transfer of the Capital Goods. The Committee, deliberated upon the

FTP 2015-20 to allow transfer of EPCG authorizations from M/s Highland Produce Co. Ltd. to M/s Doors and More Wood products Ltd, on account of slump sale subject to: .

i) Submission of fresh BG/LUT Bond. ii) All the terms and conditions of the EPCG authorizations including specific EO will remain same. iii) In case the transferee company exports same and similar items then Transferee Company would maintain its own average EO in addition to average EO under these authorizations.

M/s Mittal Agro Mills, Jagraon.

18/111/AM-17/P-5 3030005840 dated 09.10.2009 EOP. The Committee noted that the party could not fulfill their export obligation in the first block of EOP but has fulfilled entire EO in the second block of EOP.

for relaxation under Para 2.58
of FTP 2015-20 to allow extension of 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 M.O.C. Dies and Moulds, Tamilnadu.

18/120/AM-17/P-5 0430006611 dated 08.09.2008 EOP for 2 years.

he end of first block in terms of the provisions of Para 5.8.3 of HBP 2009-14.

M/s M.O.C. Dies and Moulds, Tamilnadu.

18/120/AM-17/P-5 0430006611 dated 08.09.2008 EOP for 2 years. not fulfill export obligation due to non- availability of export orders. Presently, they have export orders in hand and are confident to fulfill the EO within extended EOP.

The Committee deliberated upon the 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 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 an enhancement in EO imposed to

the extent of 10% of total EO at the choice of exporter, for each of provisions contained in Para 5.11 of HBP 2004-09, as the party could not apply to RA within the

M/s Kumaran Fishnets Export Corporation, Tamilnadu.

01/36/218/216/AM- 17/EPCG-I 3530003206 dated 29.04.2008 EOP for 2 years. not fulfil any EO during original EOP due to cancellation of exports order and slowdown in market situation. At present, they have sufficient export orders in hand and are confident to fulfil the EO within extended EOP.

FTP 2015-20to 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 terms of the provisions of Para b) extension of EOP for 2 years on to 2% of proportionate duty saved extension sought in terms of HBP 2004-09, as the party could not apply to RA within the

M/s Alfa Flexitubes (P) Ltd., New Delhi.

01/36/218/223/AM- 17/EPCG-I 0530146182 dated 22.05.2008 Condonation of delay in submission of installation certificate from Central Excise. submitted the installation certificate issued on 23.01.2013 by the Central Excise Authority which is beyond the prescribed time period of 18 months.

nstallation certificate from Central Excise. submitted the installation certificate issued on 23.01.2013 by the Central Excise Authority which is beyond the prescribed time period of 18 months. Further, the date of installation has not been mentioned in the installation certificate.

The Committee, therefore, decided to

recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow condonation of delay in submission of installation certificate subject to payment of composition fee of Rs. 5000/-

M/s Jagadguru Textiles Limited, Guntur

01/36/218/137/AM- 15/EPCG-I 0930002156 dated 13.04.2006 Second extension of EOP for one year up to 13.04.2017.
The Committee noted that the request of the party for extension of block-wise EO and extension of EOP for 2 years was placed before the EPCG Committee meeting held on 26.02.2015, wherein the committee granted extension of block- wise EOP and extension of EOP for 02 years.

not fulfil the EO during the extended EOP due to slowdown of exports of cotton yarn in the current period. Further, Party has submitted that now they have export orders in hand.

of FTP 2015-20 to allow second extension in EOP for one year i.e. up to 13.04.2017 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 authorization by RA concerned in terms of provisions contained in Para 5.11 of HBP (RE: 2006).

ion holder to custom authorities before endorsement of extension is made on EPCG authorization by RA concerned in terms of provisions contained in Para 5.11 of HBP (RE: 2006).

M/s Forbes and Company, Mumbai.

01/36/218/240/AM- 17/EPCG-I 0330044199 dated 25.04.2016 Permission to shift the capital goods. The Committee noted that capital goods imported by the party have been installed at their factory A-7, MIDC Area, Chikhalthana, Aurangabad-431210 and installation certificate has been submitted from Central Excise Authority.

Further, the party has submitted that they are planning for expansion of the existing division and due to space constraints, they wish to shift the capital goods to their other unit at B-13, MIDC Area, Waluj Aurangabad. Both the addresses are mentioned in their IEC and RCMC.

The Committee, therefore, decided to allow the shifting of capital goods from their unit at A-7. MIDC Area, Chikhalthana, Aurangabad –

e addresses are mentioned in their IEC and RCMC.

The Committee, therefore, decided to allow the shifting of capital goods from their unit at A-7. MIDC Area, Chikhalthana, Aurangabad –

431210 to their other unit at B-13, MIDC Area, 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.

M/s Expo Appliances Pvt. Ltd., Delhi.

01/36/218/186/AM- 17/EPCG-I 0530145191 dated 14.12.2007 Relaxation from the condition of submission of bills of export in case of supply of goods to SEZ units by DTA unit for EO fulfilment. case and decided to reject the request of the party in view of the fact that the bill of export is a mandatory document for claiming EO fulfilment under FTP and as per clause 30(3) of the SEZ Rules 2006. 25. M/s Shriram Pistons & Rings Ltd, Ghaziabad

01/37/218/209/AM- 17/EPCG-II 0530144660 dated 26.09.2007 Acceptance of installation certificate issued by chartered engineer instead of central excise authority. fulfilled their entire EO within the 1st block of EOP.

submission of the party that they have obtained Installation certificate from Chartered Engineer. Thereafter, they approached central excise authority for issuance of installation certificate. The Excise authorities have confirmed that they have issued A.R.E.-3 forms which itself is a proof of installation of the CG.

ed central excise authority for issuance of installation certificate. The Excise authorities have confirmed that they have issued A.R.E.-3 forms which itself is a proof of installation of the CG.

The Committee deliberated upon the case decided to recommend to DG FTP 2015-20 to allow acceptance of installation certificate issued by chartered engineer instead of central excise authority for subject to payment of composition fee of Rs. 5000/-.

M/s Sree Kumar Agro Oils (P) Ltd, BhimavaramA.P.

01/37/218/232/AM- 17/EPCG-II 2630000691 dated 30.09.2008 EO and extension of EOP for 2 years. not fulfill export obligation due to recession in the world market and fluctuation of rates of their products.
Presently, they have export orders in hand and are confident to fulfill the EO within extended EOP.

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

a) extension of block-wise EOP, as
2% composition fee on duty saved amount in proportion to the 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

an enhancement in EO imposed to the choice of exporter, for each of provisions contained in Para 5.11 of HBP 2004-09, as the party could not apply to RA within the

M/s Walia Traders Limited, Chandigarh

01/37/218/322/AM- 17/EPCG-II 2230001178 dated 05.08.2009 2230001200 dated 17.09.2009 2230001203 dated 24.09.2009 2230001217 dated 26.10.2009 2230001243 dated 30.11.2009
2230001309 dated 25.02.2010 EOP. not fulfill any export obligation in the first block against the subject EPCG authorizations due to poor customer response to their export services, lack of proper infrastructure and non-availability of skilled manpower.

M/s R.K.L. Printers, Chennai 01/37/218/17/AM- 16/EPCG-II 0430004950 dated 16.5.2007 EO and extension of EOP for 2 years. The Committee observed that the case was placed before the EPCG Committee meeting held on 26.10.2015, wherein it was decided to defer it with directions to obtain reasons for non fulfillment of EO even after expiry of 8 years of EOP.

as placed before the EPCG Committee meeting held on 26.10.2015, wherein it was decided to defer it with directions to obtain reasons for non fulfillment of EO even after expiry of 8 years of EOP. The Committee took into the account not export during their initial export obligation period due to recession in global market. Presently, they have export orders in hand and are confident to fulfill the EO within extended EOP.

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

a) extension of block-wise EOP, as
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

b) extension of EOP for 2 years
on payment of composition fee equal to 2% of proportionate duty an enhancement in EO imposed to the choice of exporter, for each of provisions contained in Para 5.11 of HBP 2004-09, as the party could not apply to RA within the

HBP 2015-20 read with Policy Circular
No.3/2015-20 dated 02.09.2015.

M/s SPM Autocomp Systems (P) Ltd, Gurgaon

01/37/218/238/AM- 17/EPCG-II 0530147243 dated 18.09.2008 Condonation of delay in submission of installation certificate. fulfilled their entire EO within original EOP. They however, could not install the Capital Goods in time due to non- availability of technical experts.

in submission of installation certificate. fulfilled their entire EO within original EOP. They however, could not install the Capital Goods in time due to non- availability of technical experts.

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

M/s Shree Meena Creation Pvt. Ltd, Mumbai

01/37/218/303/AM- 17/EPCG-II 0330023151 dated 18.06.2009 EOP not fulfill EO in the stipulated EOP due to world- wide recession in export markets. Presently, they have export orders in hand and are confident to fulfill the EO within the remaining EOP.

The Committee deliberated upon the case and decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow extension 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 Vijay Textiles Limited, Secunderabad

01/37/218/132/AM- 0930006114 dated 10.08.2010 0930003970 dated Extension of EOP for 2 years not fulfil the EO within original EOP due to recession in global market. Presently, they have export orders in hand and are

17/EPCG-II 08.04.2008 confident to fulfil the EO within extended EOP.

for relaxation under Para 2.58 of FTP 2015-20 to allow first 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 and 2009-14, as the party could not apply to RA within the prescribed time period.

M/s Pace Printers Pvt. Ltd, Mumbai

01/37/218/255/AM- 17/EPCG-II 0330014284 dated 08.12.2006 0330014913 dated 29.01.2007 0330015915 dated 30.04.2007 0330014876 dated 24.01.2007 i. Commencement of first block EOP from 2014 due to major fire in the factory.
ii. Extension of EOP upto December, 2018. The Committee took into the account the submission of the party that due to fire in their factory, the raw-material, semi/finished goods, fixtures, vehicles and machinery etc., lying in their factory were destroyed. Thereafter, repair of machines and their factory premises took substantial time due to which they could not fulfil EO within the stipulated EOP.

inery etc., lying in their factory were destroyed. Thereafter, repair of machines and their factory premises took substantial time due to which they could not fulfil EO within the stipulated EOP.

case however, it decided to reject the request of the party. 33. M/s Tata Steel Limited – Mumbai

01/37/218/15/AM- 15/EPCG-II 0230006236 dated 17.01.2011 0230004986 dated 02.03.2010 0230004947 dated 16.02.2010 Acceptance of installation certificate from Chartered Engineer instead of Central Excise authorities. The Committee observed that the request of the party was placed before the Committee on 29.03.2016 wherein it was decided to allow acceptance of installation certificate issued by chartered engineer instead of central excise authority subject to submission of verification certificate from Central Excise Authority that the imported capital goods are physically available in factory/premises of the authorization holder.

not obtain verification certificate for installation of capital goods from Central Excise Authority because it was difficult to physically verify the Capital Goods as they have been put inside the blast furnaces and therefore are not visible. The Managing Director of the company has also submitted an undertaking confirming that the capital goods imported have been installed and commissioned in the respective steel plants.

. The Managing Director of the company has also submitted an undertaking confirming that the capital goods imported have been installed and commissioned in the respective steel plants.

The Committee deliberated upon the case decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow acceptance of installation certificate issued by chartered engineer instead of central excise authority for subject to payment of composition fee of Rs. 5000/- for each authorisation.

M/s Shree Bharani Spinnings (India) Ltd, Tamil Nadu.

01/37/218/143/AM- 17/EPCG-II 3230007525 dated 03.08.2006 Second extension of EOP for 2 years submission of the party that they were unable to fulfil the EO due to adverse global market conditions. Presently, they have sufficient third party export orders in hand and are hopeful to fulfill remaining EO in the extended EOP.

DG for relaxation under Para 2.58 of FTP 2015-20 to allow second extension in EOP beyond 2 years subject to the 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 authorization by RA concerned in terms
of provisions contained in Para 5.11 of HBP 2004-09.

conditions prescribed in Para 5.10 (d)
of HBP 2015-20 read with Policy Circular

M/s P.P. Jewellers,
New Delhi

01/37/218/105/AM- 17/EPCG-II 0530137495 dated 02.12.2004 EO and extension of EOP.

cribed in Para 5.10 (d)
of HBP 2015-20 read with Policy Circular

M/s P.P. Jewellers,
New Delhi

01/37/218/105/AM- 17/EPCG-II 0530137495 dated 02.12.2004 EO and extension of EOP. The Committee noted took into account submission of the party that they have fulfilled their entire export obligation within one year of expiry of EOP.

of FTP 2015-20 to allow:

a) extension of block-wise EOP, as
2% composition fee on duty saved amount in proportion to the terms of the provisions of Para b) extension of EOP for one year on to 2% of proportionate duty saved extension sought in terms of

HBP 2004-09, as the party could not apply to RA within the

M/s Vishwakala Printers, Bangalore.

01/37/218/216/AM- 17/EPCG-II 0730007165 dated 09.07.2008 EOP. fulfilled 97.02% EO during the original EOP.

not fulfill the stipulated export obligation in the first block of EOP due to global slowdown in printing industry.

for relaxation under Para 2.58
of FTP 2015-20 to allow extension of the end of first block in terms of the provisions of Para 5.8.3 of HBP 2004-09.

M/s Sahana Fashions Pvt. Ltd, Gurgaon

01/37/218/197/AM- 17/EPCG-II 0530146531 dated 27.06.2008 EO and extension of EOP for 2 years. submission of the party that exports made towards EO fulfillment could not be counted due to an error in documentation wherein wrong codes were entered at the time of filing of shipping bill.

bmission of the party that exports made towards EO fulfillment could not be counted due to an error in documentation wherein wrong codes were entered at the time of filing of shipping bill. Presently, they have export orders in hand and are confident to fulfill the EO within extended EOP.

of FTP 2015-20 to allow:

a) extension of block-wise EOP, as
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 b) extension of EOP for 2 years
on payment of composition fee equal to 2% of proportionate duty an enhancement in EO imposed to the choice of exporter, for each of provisions contained in Para 5.11 of HBP 2004-09, as the party could not apply to RA within the

M/s Surya Polytex Pvt. Ltd, Kolkata

01/37/218/226/AM- 16/EPCG-II 0230002092 dated 16.01.2007 EO and extension of EOP for 2 years. fulfilled 36% of EO during the first block of EOP.

submission of the party that EO could not be fulfilled in time due to incidence of fire that broke out in the factory in the year 2011-12 resulting in suspension of work for more than four months and after resumptions of operations in the year 2012-13 they had to face labour unrest in their factory resulting in suspension of work for six months.

spension of work for more than four months and after resumptions of operations in the year 2012-13 they had to face labour unrest in their factory resulting in suspension of work for six months.

of FTP 2015-20 to allow:

(a) extension of block-wise EOP, as
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 (b) extension of EOP for 2 years
on payment of composition fee equal to 2% of proportionate duty an enhancement in EO imposed to the choice of exporter, for each of provisions contained in Para 5.11 of HBP 2004-09, as the party could not apply to RA within the

M/s SKF Technologies (India) Pvt. Ltd, Bengaluru.

01/37/218/280/AM- 17/EPCG-II 0730010511 dated 06.09.2011 EOP not fulfill any export obligation in the first block against the authorization due to decline in export of their product to US market. Presently, they have export orders in hand and are confident to fulfil the EO within the remaining EOP.

block against the authorization due to decline in export of their product to US market. Presently, they have export orders in hand and are confident to fulfil the EO within the remaining EOP.

the end of first block in terms of the provisions of Para 5.8.3 of HBP 2009-14.

M/s Rungta Rayon Tex Pvt. Ltd, Mumbai

01/37/218/215/AM- 17/EPCG-II 0330019367 dated 10.03.2008 0330018787 dated 16.01.2008 0330018789 dated 16.01.2008 i. Extension of block- wise EO and extension of EOP for 2 years. ii. Condonation of delay in submission of installation certificate. The Committee took into account, the not submit installation certificate to RA within stipulated time. Further, they were unable to fulfill the EO due to non-receipt of export orders. Presently, they have export orders in hand and are confident to fulfil the EO within extended EOP.

a) extension of block-wise EOP, as
2% composition fee on duty saved
amount in proportion to the terms of the provisions of Para b) extension of EOP for 2 years
on payment of composition fee equal to 2% of proportionate duty an enhancement in EO imposed to the choice of exporter, for each of provisions contained in Para 5.11 of HBP 2004-09, as the party could not apply to RA within the (c) condonation of delay in submission of installation certificate subject to payment of composition fee of Rs. 5000/-.

M/s Rapier Machinery MFG. Co. (India) Pvt.

to RA within the (c) condonation of delay in submission of installation certificate subject to payment of composition fee of Rs. 5000/-.

M/s Rapier Machinery MFG. Co. (India) Pvt. Ltd, Mumbai

01/37/218/302/AM- 17/EPCG-II 0330020201 dated 04.06.2008 EOP not fulfill any export obligation in the first block against the authorization due to recession in world markets. The Committee noted that the party has fulfilled their entire EO during the second block period.

of FTP 2015-20 to allow extension of the end of first block in terms of the provisions of Para 5.8.3 of HBP 2004-09.

M/s Varroc Polymers Pvt. Ltd, Aurangabad

01/37/218/230/AM- 17/EPCG-II 0330030671 dated 23.09.2011 0330030906 dated 24.10.2011 0330031383 dated 22.12.2011 0330026068 dated 18.05.2010 i. Extension of block-wise EOP in respect of 04 EPCG authorizations. ii. Extension of EOP for 2 years in respect of EPCG authorization No.
0330026068 dated 18.05.2010. The Committee noted that the party could not fulfill block wise export obligation in respect of all four EPCG authorizations but has fulfilled 100% EO in respect of three EPCG authorizations No. 0330030671 dated 23.09.2011, No.0330030906 dated 24.10.2011 and No.0330031383 dated 22.12.2011. The party could not fulfil the EO within original EOP in respect of EPCG authorization No. 0330026068 dated 18.05.2010 due to global recession. Presently, they have export orders in hand and are confident to fulfil the EO within extended EOP.

P in respect of EPCG authorization No. 0330026068 dated 18.05.2010 due to global recession. Presently, they have export orders in hand and are confident to fulfil the EO within extended EOP.

of FTP 2015-20 to allow:

a) extension of block-wise EOP in respect of all four EPCG authorisations, 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 terms of the provisions of Para 5.8.3 of HBP 2009-14; and b) extension of EOP for 2 years in respect of EPCG authorization No. 0330026068 dated 18.05.2010 on to 2% of proportionate duty saved extension sought in terms of HBP 2009-14, as the party could not apply to RA within the

M/s Sakthi Textiles, 3530003411 Extension of EOP for 2

Rajapalayam, Tamilnadu.

01/37/218/277/AM- 17/EPCG-II dated 08.09.2008 years. submission of the party that they could not fulfill export obligation due to cancellation of export orders. Presently, they have export orders in hand and are confident to fulfil EO within extended EOP.

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 S.R.L.

er, 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 S.R.L. Designs, Bangalore

01/37/218/281/AM- 17/EPCG-II 0730006362 dated 03.12.2007 EOP. submission of the party that due to recession in global market they could not fulfill any export obligation in the first block. The Committee noted that the party has fulfilled their entire EO during the second block period.

the end of first block in terms of the provisions of Para 5.8.3 of HBP 2004-09.

M/s Senbagam Textiles and Spinners, Madurai

01/37/218/137/AM- 15/EPCG-II 3530001690 dated 20.04.2006 i. Extension of block- wise EOP. ii. Extension of EOP for 4 years (i.e. 2+2 years) The Committee observed that the request of the party was earlier placed before the Committee in its meeting held on 22.01.2015 wherein it was decided to defer the case with the directions to RA to call for copies of confirmed export orders from the party. Party has submitted the export orders and are hopeful to complete entire EO within extended time.

a) extension of block-wise EOP, as

opies of confirmed export orders from the party. Party has submitted the export orders and are hopeful to complete entire EO within extended time.

a) extension of block-wise EOP, as

within the prescribed time period. 2% composition fee on duty saved amount in proportion to the terms of the provisions of Para b) extension of EOP for 2 years on to 2% of proportionate duty saved extension sought in terms of HBP 2004-09, as the party could not apply to RA within the
prescribed time period. 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 2004-09.

M/s Ranka Synthetics Pvt. Ltd, Jaipur

01/37/218/207/AM- 17/EPCG-II 1330002307 dated 06.10.2009 EOP. fulfilled their entire EO during the second block period.

submission of the party that due to recession in global market they could not fulfill any export obligation in the first block period.

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 Sona Printers Pvt. Ltd, New Delhi

01/37/218/276/AM- 17/EPCG-II 0530147130 dated 09.09.2008 0530147146 dated 10.09.2008 EOP, fulfilled their entire EO during the second block period.

of FTP 2015-20 to allow extension of the end of first block in terms of the provisions of Para 5.8.3 of HBP 2004-09.

M/s Sreedurga Cashew Factory, Kollam

01/37/218/225/AM- 16/EPCG-II 5330001570 dated 17.06.2014 Regularisation of shifting of capital goods. submission of the party that they had obtained the EPCG authorization for installation of machinery at their unit at Sreedurga Cashew Factory, PP III/198A, Puthur P.O., Kottarkkara, Kollam -691 507. Further, the size of the imported machine was unsuitable for the said location, forcing them to shift the installation of machinery to another branch at K.P. XIII/55A to G, Poruvazhy, Kunnathoor, Kollam-690 520. The party has furnished copies of IEC and RCMC wherein the addresses of both the factory are mentioned.

machinery to another branch at K.P. XIII/55A to G, Poruvazhy, Kunnathoor, Kollam-690 520. The party has furnished copies of IEC and RCMC wherein the addresses of both the factory are mentioned.

RA, Trivandrum has reported that the office of the Commissioner of Customs, Tuticorin had issued Notice to the party asking them to pay duty along with interest.

The Committee, deliberated upon the case and decided to regularize the shifting of capital goods from their unit at PP III/198A, Puthur P.O., Kottarkkara, Kollam -691 507 to K.P. XIII/55A to G, Poruvazhy, Kunnathoor, Kollam-690 520 subject to payment of composition fee of Rs. 5000/- against the authorization. The party shall submit installation certificate for the new place of installation.

M/s Sanjay Tools & Accessories Pvt. Ltd, Pune

01/37/218/218/AM- 17/EPCG-II 3130007079 dated 19.12.2012 Regularization of shifting of capital goods. submission of the party that they
had installed the Capital Goods at the address as mentioned in the said EPCG authorization at W-115, ‘S’ Block, MIDC, Bhosari, Pune and obtained the installation certificate from Central Excise. Thereafter, they decided to shift the Capital Goods to new location at Plot No.SP 106, MIDC, Bhosari, Pune, as
the location where capital goods were first installed, had been experiencing regular power fluctuations and disruptions in power supply causing damage to their machines. The party has furnished copies of IEC & RCMC wherein the addresses of both the plants are mentioned.

gular power fluctuations and disruptions in power supply causing damage to their machines. The party has furnished copies of IEC & RCMC wherein the addresses of both the plants are mentioned.

The Committee, therefore, decided
to allow the shifting of capital goods from their unit at W-115, ‘S’ Block, MIDC,

Bhosari, Pune to new location at Plot No.SP 106, MIDC, Bhosari, Pune subject to payment of composition fee of Rs. 5000/- against the authorization.

The party shall submit fresh installation certificate to the RA.
50. M/s Pro M Machining Solutions India Pvt. Ltd, Hosur.

01/37/218/302/AM- 16/EPCG-II 0430003352 dated 19.01.2006 Second extension of EOP for 2 years. submission of the party that they have fulfilled 85% EO during original and extended EOP.

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 in made on EPCG authorization by RA concerned in terms of provisions contained in Para 5.11 of HBP 2004-09.

M/s Total Telefilms Pvt. Ltd, New Delhi

01/37/218/54/AM- 17/EPCG-II 0530137568 dated 09.12.2004 Second extension of EOP for 2 years. The Committee noted that the party had obtained first EOP extension till 09.12.2014 from RA and fulfilled 90% during the extended EOP. Further, party has fulfilled 100% EO after the expiry of extended EOP.

oted that the party had obtained first EOP extension till 09.12.2014 from RA and fulfilled 90% during the extended EOP. Further, party has fulfilled 100% EO after the expiry of extended EOP.

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 authorization

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 authorization

by RA concerned in terms of provisions contained in Para 5.11 of HBP 2004-09.

M/s Technico Metals Pvt. Ltd, Ludhiana

01/37/218/241/AM- 17/EPCG-II 3030006519 dated 30.03.2010 EO and extension of EOP for one year. fulfilled 90% export obligation in second block of EOP.

not fulfil the EO within original EOP due to slump in overseas market.

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 2009-14, as the party could not apply to RA within the prescribed time period.

M/s Sibi Exports India (P) Ltd, Coimbatore

01/37/218/269/AM- 17/EPCG-II 3230014181 dated 22.12.2009 3230014344 dated 28.01.2010 3230015966 dated 07.12.2010 3230016381 dated 23.02.2011 3230017858 dated 03.05.2012 EOP.

batore

01/37/218/269/AM- 17/EPCG-II 3230014181 dated 22.12.2009 3230014344 dated 28.01.2010 3230015966 dated 07.12.2010 3230016381 dated 23.02.2011 3230017858 dated 03.05.2012 EOP. submission of the party that due to recession in the global market they could not fulfill any export obligation in the first block of EOP.

DG for relaxation under Para 2.58
of FTP 2015-20 to allow extension of the end of first block in terms of the provisions of Para 5.8.3 of HBP 2009-14.

M/s Xpress Imprint Pvt. Ltd, Chennai

0430009011 dated 24.09.2010 i. Extension of block- wise EOP. ii. Counting of export submission of the party that due to global recession they could not fulfill any

01/37/218/174/AM- 17/EPCG-II through third party. export obligation in the first block of EOP.

fulfilled their entire EO during the second block period through third party exports.

the end of first block in terms of provisions of Para 5.8.3 of HBP 2009-14.

HBP 2015-20 read with Policy Circular
No.3/2015-20 dated 02.09.2015.

M/s Sri MVR Cotton Oil Mills Pvt. Ltd., Guntur.

01/37/218/252/AM- 17/EPCG-II 0930004404 dated 18.09.2008 0930005162 dated 23.09.2009 0930004406 dated 18.09.2008 0930004405 dated 18.09.2008 EOP for 2 years.
submission of the party that due to non- availability of export orders and low profit margin in case of export in comparison to domestic market, they could not fulfill export obligation in the original EOP.

of the party that due to non- availability of export orders and low profit margin in case of export in comparison to domestic market, they could not fulfill export obligation in the original EOP. Presently, they have export orders in hand and are confident to fulfil the EO within extended EOP.

of FTP 2015-20 to allow:

M/s Styleman Textiles Pvt. Ltd, Tirupur

01/37/218/252/AM- 16/EPCG-II 3230002844 dated 19.03.2004 Second extension of EOP. not export due to non-availability of export orders. At present they have sufficient export orders in hand and are hopeful to fulfill remaining EO in the extended EOP.

comments of DoR vide OM No.605/59/2016-DBK dated 11.01.2017 on the issue of granting second EOP extension in cases where the FTP allowed for only one EO extension.

EO in the extended EOP.

M/s Saint Gobain India Pvt. Ltd., Chennai.

01/37/218/308/AM- 17/EPCG-II 0430002015 dated 12.10.2004 0430002036 dated 15.10.2004 0430002055 dated 25.10.2004 0430002168 dated 15.12.2004 0430002311 dated 27.01.2005 0430002381 dated 23.02.2005 0430002785 i. Extension of block- wise EOP in respect of 2 EPCG authorization nos. 0430002087 dt. 09.11.2004 & 0430002622 dt. 03.05.2005. ii. Condonation of procedural lapse for mentioning wrong EPCG authorizations in shipping bills.

of 2 EPCG authorization nos. 0430002087 dt. 09.11.2004 & 0430002622 dt. 03.05.2005. ii. Condonation of procedural lapse for mentioning wrong EPCG authorizations in shipping bills.
The Committee noted that the party could not fulfill export obligation in the first block of EOP but has fulfilled their
entire EO during the second block of EOP in respect of EPCG authorisation No.0430002087 dated 09.11.2004 and No.0430002622 dated 03.05.2005.

The Committee also considered the request of the party for acceptance of Shipping Bills of wrongly mentioned EPCG Authorizations No. for the discharge of Specific E.O. for their 11 EPCG Authorizations and took into account the submission of the party that the Shipping Bills considered for discharge of Specific EO against one EPCG Authorization has not been / shall not be considered towards the discharge

dated 01.07.2005 0430002087 dated 09.11.2004 0430002622 dated 03.05.2005 0430006250 dated 12.06.2008 0430006766 dated 22.10.2008 of Specific E.O. against any other Authorizations(s).

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

a) extension of block-wise EOP in respect of block-wise EOP in respect of 2 EPCG authorization nos. 0430002087 dated 09.11.2004 and 0430002622 dated 03.05.2005, as the party could not apply to RA within the prescribed time period. 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.

within the prescribed time period. 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. b) to condone the procedural lapse of inadvertently mentioning wrong authorization number while filing shipping bills in respect of 11 EPCG authorizations, 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 EPCG authorization
number has been endorsed and
which are being counted for fulfilment of EO.

M/s Vardhman Textiles Ltd., Ludhiana.

01/37/218/332/AM- 17/EPCG-II 3030015642 dated 02.06.2016 Regularisation of shifting of capital goods. submission of the party that they had imported capital goods for installation at their unit at Auro Textiles, Baddi, but due to the change in production schedule, the capital goods were installed at Auro Textiles (Unit-II), Baddi. The name of both the manufacturing units appear in IEC and RCMC of the Company and in verification report from Central Excise Authority.

The Committee, therefore, decided
to regularize the shifting of capital goods from their unit at Auro Textiles, Baddi to Auro Textiles (Unit-II), Baddi subject to payment of composition fee of Rs. 5000/- against the authorization.

M/s India United Textile Mill Ltd., Mumbai.

unit at Auro Textiles, Baddi to Auro Textiles (Unit-II), Baddi subject to payment of composition fee of Rs. 5000/- against the authorization.

M/s India United Textile Mill Ltd., Mumbai.

01/36/218/237/AM- 17/EPCG-I 0330028075 dated 09.12.2010 EOP for 01 year. not fulfil any EO during original EOP due to cancellation of exports order and weak export scenario. Further, at present they have sufficient export orders in hand and are confident to fulfil the EO within extended EOP.

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 terms of the provisions of Para 5.8.3 of HBP 2009-14; and b) extension of EOP for 1 year on to 2% of proportionate duty saved 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

M/s Baldva Textiles Pvt. Ltd., Bhilwara.

01/36/218/161/AM- 17/EPCG-I 1330002259 dated 25.08.2009
1330002284 dated 16.09.2009 EOP. fulfilled their entire EO during the second block Period.

submission of the party that due to delay in manufacturing schedule they could not fulfil 50% EO in the first block against the authorization.

of FTP 2015-20 to allow extension of 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 Amit Apparels, Pune.

of FTP 2015-20 to allow extension of 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 Amit Apparels, Pune.

01/36/218/203/AM- 16/EPCG-I 3130001917 dated 19.08.2006 i. Extension of block-wise
EOP. ii. Extension of EOP for 4
years (i.e. 2+2 year). not fulfil any EO during original EOP due to high price of raw material in local market making them uncompetitive. Further, at present they have sufficient export orders in hand and are confident to fulfil the EO within extended EOP.

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 to 2% of proportionate duty 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. 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 is made on EPCG authorization by RA concerned in terms of provisions contained in

Para 5.11 of HBP 2004-09.

M/s Amit Garments, Pune.

01/36/218/202/AM- 16/EPCG-I 3130001906 dated 11.08.2006 i. Extension of block-wise
EOP. ii. Extension of EOP for 4
years (i.e. 2+2 year). not fulfil any EO during original EOP due to high price of raw material in local market making them uncompetitive. However, at present they have sufficient export orders in hand and are confident to fulfil the EO within extended EOP.

of the provisions of Para 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 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 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 is made on EPCG authorization by RA concerned in terms of provisions contained in Para 5.11 of HBP 2004-09.

M/s MBD Printographics (P) Ltd., New Delhi.

fore endorsement of extension is made on EPCG authorization by RA concerned in terms of provisions contained in Para 5.11 of HBP 2004-09.

M/s MBD Printographics (P) Ltd., New Delhi.

18/98/AM-17/P-5 3030004726 dated 14.11.2008
3030004679 dated 24.10.2008 3030004918 dated 15.01.2009
3030004916 dated 15.01.2009 3030004919 dated 15.01.2009
3030004948 dated 21.01.2009 3030004949 dated 21.01.2009
3030005139 dated 27.03.2009 EOP. not fulfil any EO during original EOP. However, at present they have sufficient export orders in hand and are confident to fulfil the EO within extended EOP.

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 Bharat Heavy Electricals Limited, Haridwar.

01/36/218/158/AM- 17/EPCG-I 6130000216 dated 31.08.2010 6130000228 dated 27.12.2010 Condonation of delay in installation of capital goods. fulfilled their entire specific EO and also maintained annual average EO in both the authorizations.

submission of the party that delay in installation was due to following reasons:

goods. fulfilled their entire specific EO and also maintained annual average EO in both the authorizations.

submission of the party that delay in installation was due to following reasons:

i) Delay in deputation of foreign experts. ii) Slow progress and intermittent period of absence of supplier’s technical expert during the course of resolution of various pending issues.

The Committee also observed that the party has obtained the installation certificate from Central Excise after 18 months from the date of completion of import.

The Committee, deliberated upon the FTP 2015-20 to allow condonation of delay in installation of capital goods subject to payment of composition fee of Rs. 5000/- against each authorization.

M/s Caparo Engineering India Limited, Gurgaon.

01/36/218/198/AM- 14/EPCG-I 0530142872 dated 16.01.2007
0530143489 dated 18.04.2007 0530148498 dated 25.02.2009
0530138893 dated 17.06.2005 Regularization of exports already made by alternate product towards fulfillment of EO from the date of issuance. submission of the party that they have already fulfilled the EO by export of alternate product manufactured by them in respect of subject authorizations.

The Committee observed that there was a provision to fulfil 100% EO by export of alternate products at the time of issuance of authorization nos.0530142872 dated 16.01.2007, 0530143489 dated 18.04.2007 and 0530138893 dated 17.06.2005 and 50% EO against authorization no. 0530148498 dated 25.02.2009.

f issuance of authorization nos.0530142872 dated 16.01.2007, 0530143489 dated 18.04.2007 and 0530138893 dated 17.06.2005 and 50% EO against authorization no. 0530148498 dated 25.02.2009.

The Committee, therefore, decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow regularization of exports already made by alternate product in terms of

para 5.4 (i) of FTP 2004-09. The party

would, however maintain average export obligation for alternate product as may be re-fixed by RA.

M/s Gujarat Polyfils, Surat.

01/36/218/184/AM- 17/EPCG-I 5230006481 dated 13.10.2009 To allow fulfillment of 100% EO by exporting alternate products viz. “wool tops and wrosted wool yarn” through their Group Company i.e. M/s Modern Theads India Ltd.
submission of the party received through e-mail, to defer their case to enable them to provide more clarification/data ito substantiate their case.

case and decided to defer the matter on the request of the party. 67. M/s DCM Textiles, New Delhi.

01/36/218/162/AM- 17/EPCG-I
0530164465 dated 27.02.2015
0530164346 dated 12.02.2015
Acceptance of Chartered Engineer Certificate for installation of CG instead of Central Excise. submission of the party that though their unit is registered with Central Excise Department, at present, their final product is exempted from Excise Duty in view of Central Excise Notification

sion of the party that though their unit is registered with Central Excise Department, at present, their final product is exempted from Excise Duty in view of Central Excise Notification

0530161277 dated 25.07.2013 0530164217 dated 27.01.2015 0530162974 dated 27.06.2014 0530162552 dated 28.03.2014 0530162202 dated 24.01.2014 0530161923 dated 02.12.2013
0530162074 dated 31.12.2013 30/2004 dated 09.07.2004. Therefore, they have obtained the installation certificate from the independent Chartered Engineer.

Subsequently, they approached the excise department for getting the installation certificate for the said Capital Goods. The excise department issued installation certificate for other 4 EPCG authorizations unrelated to this request and denied to give the installation certificate for subject authorizations on the ground that the request made by them was after 6 months from the date of import/ procurement of CG.

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 factory/premises.

tion 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 factory/premises.

M/s Grand Windsor Resorts Limited, Jalandhar

01/36/218/296/AM- 14/EPCG-I 0530145630 dated 18.02.2008
0530145673 dated 22.02.2008 0530145927 dated 03.04.2008 0530148471 dated 23.02.2009 0530148472 dated 23.02.2009 0530148533 dated 04.03.2009 0530149365 dated 10.07.2009
0530149729 dated 26.08.2009 Re-fixation of average EO in terms of Para 5.7.4 of HBP 2009-14. The Committee noted that case was placed before the EPCG Committee meeting held on 27.04.15. The representative of the party had appeared for PH before the Committee and informed that they have responded to the show cause notices issued to them by Customs alleging misuse of cars imported under the EPCG Scheme. Representative of DoR stated that the matter is under examination and Committee decided to defer the case. The case was again placed before the EPCG Committee Meeting held on 26.09.2016 and was again deferred with direction to obtain report from CLA, New Delhi on the action taken/ proposed to be taken by them on report of DRI. The Committee took into account the submission of the party that DRI investigations initiated against them in 2011 have been completed and cases are pending adjudication with Customs.

Further, the Committee noted that the provisions of para 5.7.4 of HBP v1 2009- 14 have been amended w.e.f.

st them in 2011 have been completed and cases are pending adjudication with Customs.

Further, the Committee noted that the provisions of para 5.7.4 of HBP v1 2009- 14 have been amended w.e.f. 18.4.2013 and all exports made against EPCG authorizations irrespective of the fact that they have been redeemed or are unredeemed are not be added up for calculating average EO for subsequent EPCG authorizations.

The Committee therefore, decided to recommend to DG for relaxation under para 2.58 of FTP 2015-20 to allow re-fixation of average EO in terms of Para 5.7.4 of HBP 2009-14. However, the redemption of the authorizations shall be allowed only after the completion of adjudication by Customs.

M/s Noble Industries, New Delhi.

18/16/AM-17/P-5 0530146945 dated 21.08.2008 EO period and extension of EOP for 2 years. The Committee noted that CGs imported under the authorisation were damaged in a fire on 2.9.2009.

18/16/AM-17/P-5 0530146945 dated 21.08.2008 EO period and extension of EOP for 2 years. The Committee noted that CGs imported under the authorisation were damaged in a fire on 2.9.2009. The representative of the party appeared for PH and informed the Committee that they have set up a new unit at Noida and are confident that they would be able to fulfill EO if they are granted EOP extension.

The Committee noted that the matter is under DRI investigation and DRI has informed that the party had kept DGFT and Customs in the dark about the fire incidence and their inability to export. DRI, Lucknow has also issued Show Cause Notice (SCN) dated 21.12.2016 to the party to furnish their reply within 30 days from the date of receipt of the Notice.

case and decided to defer the case.
70. M/s Beekay Engineering Corporation, Mumbai.

01/36/218/66/AM- 17/EPCG-I 0330007318 dated 07.12.2004
0330008130 dated 14.03.2005 0330008422 dated 19.04.2005 0330008728 dated 27.05.2005
0330009567 dated 29.08.2005
Condonation of procedural lapse of specifying multiple EPCG authorization number in each shipping bill. The Committee noted the party’s submission that they have fulfilled their entire specific as well as average EO against the subject EPCG authorizations.

Further, while executing export shipments they inadvertently mentioned multiple EPCG authorizations on a single shipping bill.

as well as average EO against the subject EPCG authorizations.

Further, while executing export shipments they inadvertently mentioned multiple EPCG authorizations on a single shipping bill. They have also given an undertaking that the above mentioned shipping bills have not been taken into account for fulfilment of Specific EO against any other EPCG authorization obtained by them.

0330009568 dated 29.08.2005 0330009575 dated 30.08.2005 0330010117 dated 26.10.2005
0330010119 dated 26.10.2005 0330010441 dated 07.12.2005 FTP 2015-20 to condone the procedural lapse of mentioning multiple authorisation number while filing 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 EPCG authorization number has been endorsed and which are being counted for fulfilment of EO.

M/s Bajaj Eco-Tec Products (A division of Bajaj Hindustan Sugar Ltd.), Noida.

01/36/218/84/AM- 16/EPCG-I 42 EPCG authorization s (3 issued during FY 2006-07 and 39 during 2007-08). i) Relaxation of condition of block wise EO fulfilment against 18 EPCG authorizations. (S. No. 7-17 and 20- 26) ii) Extension of EOP for 02 years against 06 EPCG authorizations. (S. No. 10-12 and 15- 17) iii) Condonation of procedure lapse of mentioning wrong EPCG authorization numbers of shipping bills against 40 EPCG authorizations (S.No.2-6 and 8- 42).

ons. (S. No. 10-12 and 15- 17) iii) Condonation of procedure lapse of mentioning wrong EPCG authorization numbers of shipping bills against 40 EPCG authorizations (S.No.2-6 and 8- 42). iv) Condonation of delay in submission of installation certificate against 34 EPCG authorizations issued by Central Excise Authority (S.No.1-6, 8-10, 12-15, 19, 21-25, 27-35 & 37-42).

fulfilled their EO as per details given below: S. N o. Authorization No. & Date EO fulfilme nt
1 0530143194/05.03.2007 100% 2 0530143320/ 21.03.2007 100% 3 0530143322/ 21.03.2007 100% 4 0530143592/ 04.05.2007 71% 5 0530143594/ 04.05.2007 100% 6 0530143593/ 04.05.2007 96% 7 0530143695/ 21.05.2007 78% 8 0530143694/ 21.05.2007 95% 9 0530143819/ 04.06.2007 97% 10 0530143818/ 04.06.2007 54% 11 0530143901/ 14.06.2007 98% 12 0530143994/ 27.06.2007 50% 13 0530143995/ 27.06.2007 76% 14 0530143993/ 27.06.2007 100% 15 0530144000/ 28.06.2007 98% 16 0530144097/ 12.07.2007 56% 17 0530144123/ 17.07.2007 50% 18 0530144187/26.07.2007 78% 19 0530144275/ 06.08.2007 106% 20 0530144273/ 06.08.2007 78% 21 0530144323/ 13.08.2007 77% 22 0530144328/13.08.2007 99% 23 0530144327/13.08.2007 100% 24 0530144378 21.08.2007 97% 25 0530144379/21.08.2007 96% 26 0530144488/06.09.2007 80% 27 0530144516/10.09.2007 78% 28 0530144584 /17.09.2007 78% 29 0530144607/20.09.2007 78% 30 0530144612/20.09.2007 78% 31 0530144689/01.10.2007 92% 32 0530144691/01.10.2007 78% 33 0530144690/01.10.2007 76% 34

% 28 0530144584 /17.09.2007 78% 29 0530144607/20.09.2007 78% 30 0530144612/20.09.2007 78% 31 0530144689/01.10.2007 92% 32 0530144691/01.10.2007 78% 33 0530144690/01.10.2007 76% 34 0530144749/09.10.2007 76% 35 0530144750/09.10.2007 76% 36 0530144888/31.10.2007 76% 37 0530145056/27.11.2007 76% 38 0530145057/27.11.2007 76% 39 0530145106 /03.12.2007 76% 40 0530145215/19.12.2007 78%

41 0530145512/31.01.2008 80% 42 0530145513/31.01.2008 90%

a) extension of block-wise EOP in respect of 18 EPCG Authorizations (S. No. 7-17 and 20-26) 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 2004-9. b) extension of EOP for 2 years in respect of Authorization number (S. No. 10-12 and 15-17) on payment of composition fee equal to 2% of proportionate duty saved amount on unfulfilled EO or an enhancement in EO imposed to 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 c) condonation of procedural lapse of mentioning wrong EPCG authorization nos. in the shipping bills in respect of 40 EPCG Authorizations (S.No.2-6 and 8-42) subject to the condition that there is no double counting of exports/Shipping Bills.

uthorization nos. in the shipping bills in respect of 40 EPCG Authorizations (S.No.2-6 and 8-42) 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. d) condonation of delay in submission of installation certificate subject to payment of composition fee of Rs. 5000/- for each authorization in view of the fact they have obtained an installation certificate in r/o 34

EPCG Authorizations (S.No.1-6, 8-10, 12-15, 19, 21-25, 27-35 & 37-42) from Central Excise stating that said CGs are installed in their factory

72 Posco –India Pune Processing Center Pvt Ltd, Pune 3130001763 dated 25.05.2006 Regularization of blockwise EOP The Committee observed that RA, Pune has granted block wise extension for first block of EOP after more than 12 months of expiry of first block of EOP, on 21.06.2013 in terms of para 5.11 of HBP instead of para 5.8.3 of HBP. As per

para 5.8.3 of HBP RA was empowered to

grant block wise EOP extension within 3 months of expiry of first block and therefore the block-wise EO extension granted by RA requires to be regularized.

for relaxation under Para 2.58 of 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,
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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