DGFT Minutes

MINUTES OF EPCG COMMITTEE MEETING HELD UNDER THE CHAIRMANSHIP OF SHRI J.V. PATIL, ADDITIONAL DIRECTOR GENERAL OF FOREIGN TRADE AT 14:30 Hours ON 04.05.2017.

Following officers attended the meeting:

a. Shri D.K. Gupta, Director (DBK), Department of Revenue b. Shri V.K. Kohli, Director, O/o Textile Commissioner, Noida c. Shri Kumar Rahul, Deputy Director General of Foreign Trade, DGFT

II. Minutes of the last Meeting held on 29.03.2017 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 Agarwal Marble Centre Pvt. Ltd., Jaipur.

01/36/218/146/AM- 17/EPCG-I 1330001954 dated 10.10.2008 Extension of block-wise EOP. The Committee noted that the party has not been able to fulfil any EO till date. The EOP of the authorization is valid up to 09.10.2016. The Committee took into account the submission of the party that they could not fulfil 50% EO during the 1st block of EOP due to recession in the international market. Further, they have furnished a copy of purchase order and are confident to complete the EO within original 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.

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 2004-2009. Third party exports if any 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 ADS Associates, Chennai.

01/36/218/249/AM- 17/EPCG-I 0430009993 dated 21.06.2011 EOP. has not fulfilled any EO till date. The EOP of the authorization is valid up to 20.06.2017. of EOP because they were unable to

obtain export orders in time.
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 terms of the provisions of Para 5.8.3 of HBP 2009-2014. 02.09.2015. 3. M/s Ansapack Private Limited, Mumbai

01/36/218/274/AM- 17/EPCG-I 0330018685 dated 04.01.2008 EOP. has fulfilled their entire EO during 2nd block period against the Authorization. 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 duty saved amount in proportion to
terms of the provisions of Para 5.8.3 of HBP 2004-09. 4. M/s Berggruen Hotels Pvt. Ltd., Mumbai.

prescribed time
period. This shall be subject to duty saved amount in proportion to
terms of the provisions of Para 5.8.3 of HBP 2004-09. 4. M/s Berggruen Hotels Pvt. Ltd., Mumbai.

01/36/218/307/AM- 17/EPCG-I 0330021119 dated 28.08.2008
0330021589 dated 14.10.2008
0330022088 dated 18.12.2008 EOP and extension of EOP for one year.
not fulfil the EO within original EOP against the Authorizations due to global financial crisis. They further submitted that due to various initiatives by the Government of India and revival of the economy the demand in hotel industry with respect of hotel occupancy has been increasing and they will fulfil the EO within extended 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. 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 prescribed time period. 02.09.2015. 5. M/s Dua Collection, Ludhiana.

01/36/218/297/AM- 17/EPCG-I 3030006920 dated 28.06.2010 EOP. has not fulfilled any EO till date.

HBP 2004-09, as the prescribed time period. 02.09.2015. 5. M/s Dua Collection, Ludhiana.

01/36/218/297/AM- 17/EPCG-I 3030006920 dated 28.06.2010 EOP. has not fulfilled any EO till date. The EOP of the authorization is valid up to 27.06.2018. of EOP due to non-availability of exports orders. Presently, the party has made arrangements for third party exports and submitted proforma invoice along with copies of third party agreement.
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 duty saved amount in proportion to
terms of the provisions of Para 5.8.3 of HBP 2009-2014. 02.09.2015.

M/s Kaka Uniforms Pvt. Ltd., Mumbai.

01/36/218/276/AM- 17/EPCG-I 0330027376 dated 01.10.2010 EOP. has fulfilled their entire EO during 2nd block period against the Authorization. of EOP due to sluggish market.
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 terms of the provisions of Para 5.8.3 of HBP 2009-14. 02.09.2015. 7. M/s Hetvi Silk Mills Pvt. Ltd., Mumbai

01/36/218/275/AM- 17/EPCG-I 0330022786 dated 17.04.2009 EOP. has fulfilled their entire EO during 2nd block period against the Authorization. of EOP due to depressed market conditions.
not apply to RA within the prescribed
time period. This shall be subject to terms of the provisions of Para 5.8.3 of HBP 2004-09. 02.09.2015. 8.

due to depressed market conditions.
not apply to RA within the prescribed
time period. This shall be subject to terms of the provisions of Para 5.8.3 of HBP 2004-09. 02.09.2015. 8. M/s Kailash Cotex Pvt. 0330019742

Ltd., Dhule

01/36/218/203/AM- 17/EPCG-I dated 04.04.2008 EOP for one year. not fulfil the EO within original EOP against the authorization due to sluggish market. They further submitted that the EOP of the authorization has expired on 04.04.2016 and they have completed their EO on 22.11.2016 i.e. after the expiry of the EOP.
a) extension of block-wise EOP, as the 09. b). extension of EOP for one year on 2% of proportionate duty saved amount on unfulfilled EO or an 02.09.2015. 9. M/s Hema Dyeing & Printing Mills Pvt. Ltd., Mumbai.

01/36/218/255/AM- 17/EPCG-I 0330020850 dated 04.08.2008 EOP for 1 year. submission of the party that they have fulfilled 47.88 % EO during the 1st block of EOP. They could not fulfil EO during original EOP due to slump in international market. However, at present they have export orders in hand and are confident to fulfil the EO within extended EOP.

ould not fulfil EO during original EOP due to slump in international market. However, at present they have export orders in hand and are confident to fulfil the EO within extended EOP.

a). extension of block-wise EOP, as the 09; and b). extension of EOP for 1 year on 2% of proportionate duty saved amount on unfulfilled EO or an 02.09.2015. 10. M/s Harisons Industries, Kolkata.

01/36/218/07/AM- 17/EPCG-I 0230002233 dated 26.03.2007 EOP for 4 years (i.e. 2+2 years). The Committee noted that the request of the party was placed before the EPCG Committee meeting held on 30.08.2016 and it was decided to defer the matter for further examination.
The representative of the company appeared before the EPCG Committee for PH and explained that they have fulfilled some export obligation, which is, however, not being considered by RA. The reason behind such non consideration is that they have claimed EO fulfilment under “deemed export” of services which is not covered under policy. Further, in some of the claims of EO fulfilment, there is no nexus with the Capital Goods imported.
The Committee deliberated upon the DG for relaxation under Para 2.58 a). extension of block-wise EOP, as the

e claims of EO fulfilment, there is no nexus with the Capital Goods imported.
The Committee deliberated upon the DG for relaxation under Para 2.58 a). extension of block-wise EOP, as the

09; and b). extension of EOP for 2 years on 2% of proportionate duty saved amount on unfulfilled EO or an 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. Third party exports, if any, shall be 02.09.2015. 11. M/s Hydro Mechanik Engineers, Jagadhri.

01/36/218/212/AM- 17/EPCG-I 3330000829 dated 14.08.2007 EOP for 2 years. The Committee noted the party has submitted that they have fulfilled 37% EO during the 1st block period and Nil EO in 2nd block period. However, all their exports are to Nepal and realized in INR. Therefore they cannot be considered for EO fulfilment. a). extension of block-wise EOP, as the 09; and b). extension of EOP for 2 years on 2% of proportionate duty saved

d realized in INR. Therefore they cannot be considered for EO fulfilment. a). extension of block-wise EOP, as the 09; and b). extension of EOP for 2 years on 2% of proportionate duty saved

amount on unfulfilled EO or an Policy Circular No. 3/2015-20 dated 02.09.2015. 12. M/s Hamilton House wares Pvt. Ltd., Mumbai

01/36/218/239/AM- 17/EPCG-I 0330029612 dated 30.05.2011 EOP. has fulfilled their entire EO during 2nd block period against the Authorization. not apply to RA within the prescribed
time period. This shall be subject to terms of the provisions of Para 5.8.3 of HBP 2009-14. 02.09.2015. 13. M/s Laxmi Industries, Jalandhar.

18/05/AM-18/P-5 3030007968 dated 16.03.2011 i. Extension of block- wise EOP.
ii. Condonation of delay in submission of installation certificate from Central Excise. has fulfilled their entire EO during 2nd block period against the Authorization. of EOP due to slump in international market. not apply to RA within the prescribed
time period. This shall be subject to terms of the provisions of Para

riod against the Authorization. of EOP due to slump in international market. not apply to RA within the prescribed
time period. This shall be subject to terms of the provisions of Para

5.8.3 of HBP 2009-14. 02.09.2015. 14. M/s Orbit Textile Mills Pvt. Ltd., Coimbatore.

18/195/AM-17/P-5 3230012599 dated 29.09.2008 3230012601 dated 29.09.2008 3230014582 dated 16.03.2010 3230012600 dated 29.09.2008 3230014036 dated 24.11.2009 3230014983 dated 02.06.2010 Request to allow 100% alternate export product i.e. cotton made-ups, cotton bags and fabrics. The Committee noted that the subject EPCG authorisations were issued during the period from 29.09.2008 to 02.06.2010 when there was no provision for allowing 100% alternate products for fulfilment of export obligation. The Committee, therefore, decided to reject the request of the party as there was no provision in FTP for allowing 100% alternate export product for fulfilment of Export Obligation under the relevant policy.

M/s Jain Suiting Pvt. Ltd., Bhilwara.

01/36/218/86/AM- 17/EPCG-I 1330001642 dated 12.07.2007 EOP for 02 years. not fulfil EO during the original EOP due to unfavourable overseas market for their export product.
However, they have fulfilled entire EO against the authorization after the expiry of original EOP.
09; and b). extension of EOP for 2 years on 2% of proportionate duty saved amount on unfulfilled EO or an

illed entire EO against the authorization after the expiry of original EOP.
09; and b). extension of EOP for 2 years on 2% of proportionate duty saved amount on unfulfilled EO or an

02.09.2015. 16. M/s Jai Maa Rice Mills, Duneke (Moga).

01/36/218/315/AM- 17/EPCG-I 3030005611 dated 13.08.2009 EOP. has fulfilled their entire EO during 2nd block period against the Authorization. of EOP due to slump in international market. not apply to RA within the prescribed time period. This shall be subject to terms of the provisions of Para 5.8.3 of HBP 2009-14. 02.09.2015. 17. M/s M.B. Exports Limited, Ludhiana.

18/157/AM-17/P-5 3030010970 dated 15.05.2013 Condonation of delay in submission of installation certificate issued by Central Excise. has fulfilled more than 100% EO within 1st block EOP and also maintained the annual average EO. submission of the party that the capital goods were imported vide Bill of entry dated 03.06.2013. Party had obtained the installation certificate from Chartered Engineer showing date of installation as 25.07.2013. Thereafter, they have obtained the installation certificate from Central Excise Authority issued on 07.07.2015 which is beyond prescribed time period of 18 months.

allation as 25.07.2013. Thereafter, they have obtained the installation certificate from Central Excise Authority issued on 07.07.2015 which is beyond prescribed time period of 18 months.

of FTP 2015-20 to allow condonation of delay in submission of installation certificate subject to payment of composition fee of Rs. 5000/-. 18. M/s Moga Foods Pvt. Ltd., Ludhiana.

18/204/AM-17/P-5 3030004735 dated 19.11.2008 EOP for 02 years. not fulfil the EO within the original EOP due to non-availability of export orders. At present, they have third party export orders in hand and are confident to fulfil the EO within extended EOP. a). extension of block-wise EOP, as the 09; and b). extension of EOP for 2 years on 2% of proportionate duty saved amount on unfulfilled EO or an 02.09.2015. 19. M/s Nav Engineers Pvt. Ltd., Noida.

18/161/AM-17/P-5 0530150522 dated 03.12.2009
0530150199 dated 29.10.2009 EOP. submission of the party that they could not fulfil EO in the first block period due to slowdown in the international market. Presently, they have sufficient export orders in hand and are confident to fulfil EO within the EOP.

d not fulfil EO in the first block period due to slowdown in the international market. Presently, they have sufficient export orders in hand and are confident to fulfil EO within the EOP.

DG for relaxation under Para 2.58 of FTP 2015-20 to allow extension in block-wise EOP, as 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. 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. 20. M/s Mitra Precise Forge Pvt. Ltd., Ludhiana.

18/109/AM-17/P-5 3030006621 dated 29.04.2010 i. Extension of EOP for 2 years.
ii. Acceptance of installation certificate issued by chartered engineer instead of Central Excise. submission of the party that the third party exports made by them are not being considered for EO fulfilment because shipping bills do not contain their name and authorisation number. Further, they have confirmed export orders in hand now and are confident to fulfil the EO within extended EOP. Party has furnished installation certificate from Chartered Engineer and has approached Central Excise authority for issuance of installation certificate on 10.01.2017.
a). extension of EOP for 2 years on 2% of proportionate duty saved amount on unfulfilled EO or an in Para 5.11 of HBP 2009-14, as the b).

ce of installation certificate on 10.01.2017.
a). extension of EOP for 2 years on 2% of proportionate duty saved amount on unfulfilled EO or an in Para 5.11 of HBP 2009-14, as the b). 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 factory/premises. Policy Circular No. 3/2015-20 dated 02.09.2015. 21. M/s Mahindra CIE Automotive Ltd., Pune

18/89/AM-17/P-5 0330021220 dated 09.09.2008 EOP. has fulfilled more than 100% EO during the second 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. 22. M/s Maccaferri Environmental Solution Pvt. Ltd., Mumbai

18/163/AM-17/P-5 0330021389 dated 23.09.2008 EOP for 02 years. has fulfilled 57.71% specific EO (31.96% EO in first block and 25.75% EO during the second block period) and also maintained the annual average EO from AM-09 to AM-17.
not fulfil the entire EO within the original EOP due to recession in international market. Now, the party has export orders in hand and are confident to fulfil the EO within extended EOP. a).

not fulfil the entire EO within the original EOP due to recession in international market. Now, the party has export orders in hand and are confident to fulfil the EO within extended EOP. a). extension of block-wise EOP, as the 09; and b). extension of EOP for 2 years on

2% of proportionate duty saved amount on unfulfilled EO or an Policy Circular No. 3/2015-20 dated 02.09.2015. 23. M/s Duropack Limited, New Delhi

01/36/218/40/AM- 11/EPCG-I 0530130652 dated 01.11.1999 i. Condonation of not mentioning the name, EPCG authorization number and date on ARE- 1/Shipping bills. ii. Condonation of 1.3% shortfall in EO fulfillment. iii. To allow export against third party without EPCG authorization no. and date on excise invoice against form H. iv. Condonation of installation certificate on the basis of letter from Excise Department. The request of the party was earlier placed before the EPCG Committee meeting held on 26.09.2016. The Committee decided to get the claim of the party verified by the jurisdictional Central Excise Authority that the supply of goods against ARE-I and Form “H” have actually been made to the ultimate exporter and that the shipping bills are not free shipping bills. Accordingly representative of the DoR was requested to get a verification report. The case was, therefore, deferred. DoR vide their letter No. 605/70/2016- DBK dt.

ot free shipping bills. Accordingly representative of the DoR was requested to get a verification report. The case was, therefore, deferred. DoR vide their letter No. 605/70/2016- DBK dt. 12.04.2017 has forwarded a report obtained from Jurisdictional Assistant Commissioner of Central Excise, Rewari in which O/o Assistant Commissioner of Central Excise, Rewari has stated as under: i. M/s Duropack Limited, Village Panchor, P.O. Raliawas, Jarthal Road, Rewari is registered with the Central Excise Department vide registration No. AAACD0160BXM001 since 1988. The concerned Range Officer has reported that the unit was visited along with sector officer and found that the party had imported the capital goods in the year 1999 against the EPCG authorization No. 0530130652 dt. 01.11.1999 and same were installed and put to use on 23.02.2000 & 21.03.2000. The imported capital goods were found installed at above said address.

st the EPCG authorization No. 0530130652 dt. 01.11.1999 and same were installed and put to use on 23.02.2000 & 21.03.2000. The imported capital goods were found installed at above said address.

ii. M/s Duropack Limited has made total exports of Rs. 1,02,13,763/- out of which exports of Rs. 37,52,263/- were made as direct export against ARE-I by exporting plastic films and plastic bags hologram, stickers, films and tapes etc., exports of Rs. 39,65,014/- as third party export against ARE-I by exporting hologram stickers, films and tapes and exports of Rs. 24,96,486/- as third party against form H by exporting plastic films and bags. In support, they have furnished details of total exports and documents i.e. ARE-I, shipping bills, bill of lading / airway bill & H form etc.
iii. Further, the report states that M/s Duropack Ltd has discharged the exports obligation of Rs. 1, 02, 13,763/- against the EPCG authorization No. 0530130652 dated 01.11.1999 and the above said documents have been verified and found in order. submission of the party that the company became sick in 2002 and was registered with BIFR. Thereafter, the company’s operations became minimal and company continued making products in small quantity. During the said period they supplied material to third party for exports and fulfilled the EO to the extent of Rs. 1,02,13,763/- out of total EO of Rs. 1,03,47,864/-.
i.

ts in small quantity. During the said period they supplied material to third party for exports and fulfilled the EO to the extent of Rs. 1,02,13,763/- out of total EO of Rs. 1,03,47,864/-.
i. Condonation of not mentioning the name, EPCG authorization number and date on ARE-1/Shipping bills subject to the condition that there is no double counting of exports and payment of a composition fee of Rs. 200/- per ARE- I/Shipping Bill. ii. The RA may examine the request of the party for condonation of 1.3% shortfall in EO fulfillment in terms of

Para 5.12 of HBP 2004-09.

iii. Allow counting of exports made through third party without mentioning

the EPCG authorization no. and date on excise invoice against form H. iv. condonation of installation certificate on the basis of report of Excise Department subject to payment of composition fee of Rs. 5000/-.
24. M/s Gran Electronics Pvt. Ltd., Gujarat.

01/36/218/167/AM- 17/EPCG-I 0330011300 dated 10.03.2006 i. Regularization of EO fulfilment by export of alternate product through group company. ii. Condonation of shortfall in fulfilment of block- wise EO period. iii. Waiver of prior endorsement of alternate product. has not given the details of the Group Company.

case and decided to defer it with direction to RA to obtain from party the details of the Group Company along with documentary evidence for the same and send EPCG Committee a report on the group company status.
25. M/s JHS Svendgaard Laboratories Limited, New Delhi

01/36/218/383/AM- 14/EPCG-I 33 EPCG authorization issued during AM- 08 to AM-11 i. Extension of block wise EOP in respect of 31 EPCG Authorizations (S.No.1-23 & 25-32). ii. Extension of EOP for 02 years in respect of 20 EPCG Authorizations (S.No.5-7, 15-23 & 25-32).
Sl. No. Authorization no. & date 1. 2230000807 dt. 18.12.2007 2. 2230000761 dt. 24.10.2007 3. 2230000751 dt. 09.10.2007 4. 2230000748 dt. 05.10.2007 5. 2230001076 dt. 12.01.2009 6. 2230001107 dt. 12.03.2009 7. 2230001611 dt. 31.01.2011 8. 2230001750 dt.

. 24.10.2007 3. 2230000751 dt. 09.10.2007 4. 2230000748 dt. 05.10.2007 5. 2230001076 dt. 12.01.2009 6. 2230001107 dt. 12.03.2009 7. 2230001611 dt. 31.01.2011 8. 2230001750 dt. not fulfil the EO due to the adverse conditions of global market, huge dollar-rupees fluctuation and non- availability of exports orders. Presently, they have purchase orders in hand. a). extension of block-wise EOP in respect of 31 EPCG authorizations (S.No.1-23 & 25-32), as the party could not apply to RA within the prescribed
time period. This shall be subject to terms of the provisions of Para 5.8.3 of HBP 2004-09; and b). extension of EOP in respect of 20 EPCG Authorizations (S.No.5-7, 15-23 & 25-32) 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

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

14.06.2011 9. 2230001870 dt. 04.11.2011 10. 2230001900 dt. 21.12.2011 11. 2230001906 dt. 23.12.2011 12. 2230001966 dt. 27.03.2012 13. 2230001972 dt. 29.03.2012 14. 2230001973 dt. 29.03.2012 15. 2230000817 dt. 07.01.2008 16. 2230000622 dt. 27.03.2007 17. 2230001060 dt. 12.12.2008 18. 2230001059 dt. 12.12.2008 19. 2230000771 dt. 06.11.2007 20. 2230001230 dt. 11.09.2009
21. 2230001266 dt. 13.01.2010 22. 2230000883 dt. 28.03.2008 23. 2230000892 dt. 31.03.2008 24. 2230001391 dt. 18.06.2010 25. 2230001437 dt. 27.07.2010 26. 0530150208 dt. 29.10.2009 27. 0530150280 dt. period. 02.09.2015.

01.11.2009 28. 0530150281 dt. 06.11.2009 29. 0530150423 dt. 20.11.2009 30. 0530150518 dt. 02.12.2009 31. 0530150589 dt. 09.12.2009 32. 0530150768 dt. 24.12.2009 33. 0530153750 dt. 19.10.2010

M/s Bharat Aluminium Company Limited, Korba.

01/36/218/270/AM- 17/EPCG-I 0530153518 dated 24.09.2010
0530153625 dated 05.10.2010
0530153687 dated 12.10.2010 0530153769 dated 21.10.2010
0530148774 dated 08.04.2009
0530148788 dated 13.04.2009 EOP. of EOP due to recession in the international market.
not apply to RA within the prescribed
time period. This shall be subject to terms of the provisions of Para 5.8.3 of HBP 2009-14. 02.09.2015. 27.

ession in the international market.
not apply to RA within the prescribed
time period. This shall be subject to terms of the provisions of Para 5.8.3 of HBP 2009-14. 02.09.2015. 27. M/s Mitra Precise Forge Pvt. Ltd., Ludhiana.

18/165/AM-17/P-5 3030006597 dated 23.04.2010 i. Extension of block-wise EOP. ii. Acceptance of installation certificate issued by chartered engineer in place of Central Excise. has fulfilled 100% EO during the second block period.
submission of the party that due to lack of information regarding the due procedure, they have not obtained the installation certificate from Central Excise authority and submitted installation certificate from chartered engineer instead.

i. 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 2009-2014. ii. 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 factory/premises.

M/s Bharat Aluminium Company Limited, Korba.

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

M/s Bharat Aluminium Company Limited, Korba.

01/36/218/121/AM- 14/EPCG-I 0530149979 dated 06.10.2009
0530149779 dated 10.09.2009
0530150185 dated 28.10.2009
0530150884 dated 07.01.2010
0530153123 dated 19.08.2010 Extension in time for installation of capital goods upto 25.02.2017. The Committee noted that the request of the party was placed before the EPCG Committee Meeting held on 19.11.2014 and 26.10.2015, wherein Committee had decided to grant extension in time for installation of Capital Goods up to December, 2015.
The Committee took into to account the submission of the party that the delay in installation of CGs occurred due to collapse of chimney due to lightning, big size of the project, and various technical and logistics issues and size of the project. The Committee observed that the party has furnished the installation certificate from Central Excise showing the date of installation as 25.02.2017 in respect of these authorizations. case and decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow extension in time for installation of Capital Goods up to 25.02.2017 in respect of these authorizations subject to payment of composition fee of Rs.5000/- against each authorization.

to allow extension in time for installation of Capital Goods up to 25.02.2017 in respect of these authorizations subject to payment of composition fee of Rs.5000/- against each authorization.

M/s Bharat Explosives Limited, New Delhi

01/36/218/292/AM- 14/EPCG-I 0530132716 dated 20.03.2002 0530134025 dated 02.04.2003 0530134026 dated 02.04.2003 0530135944 dated 24.03.2004 0530136146 dated 30.04.2004 0530139479 dated 07.09.2005 Extension of EOP up to 12 years in terms of

Para 5.5.1 of FTP.

The party had been given an opportunity for PH. The party however, did not appear for PH. The Committee, therefore, decided to defer the matter.

M/s Ultimate Flexipack Limited, New Delhi

01/37/218/357/AM- 17/EPCG-II 0530153861 dated 01.11.2010 0530153036 dated 11.08.2010 EO and extension of EOP for 2 years. had applied for block wise extension of EOP in time but could not submit composition fee and therefore, the EOP was not extended by the RA. Presently, they have sufficient export orders in hand and are confident to fulfil EO within the extended EOP.

DG for relaxation under Para 2.58 of FTP 2015-20 to allow: 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 2% of proportionate duty saved amount on unfulfilled EO or an in Para 5.11 of HBP 2009-14, as the

circular 3/2015-20 dated 02.09.2015. 31. M/s Rahul Textiles, Panipat 3330000756 dated not fulfil EO in stipulated time due to

01/37/218/374/AM- 17/EPCG-II 07.05.2007 3330000755 dated 07.05.2007 3330001224 dated 07.01.2009 EOP for 2 years. global recession. Presently, they have sufficient export orders in hand and are confident to fulfil EO within the extended EOP.

DG for relaxation under Para 2.58 of FTP 2015-20 to allow: 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 2% of proportionate duty saved amount on unfulfilled EO or an circular No.3/2015-20 dated 02.09.2015. 32. M/s Torfenster Systems (India) Pvt. Ltd, Bangalore

01/37/218/275/AM- 17/EPCG-II 0730009516 dated 28.10.2010 EO
has fulfilled 27% EO in the first block period.
not fulfil EO in stipulated time due to stiff competition in international market. Presently, they have sufficient export orders in hand and are confident to fulfil EO within the extended EOP for which the party has applied to RA, Bangalore. 2.58 of FTP 2015-20 to allow extension of block-wise EOP, as the 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.

5-20 to allow extension of block-wise EOP, as the 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 Romsons Junior India, Agra

01/37/218/338/AM- 17/EPCG-II 0630001467 dated 23.07.2008 Extension of EOP for 2 years. has fulfilled 86.67% EO during the stipulated time and are hopeful of fulfilling remaining EO in the extended EOP. 2.58 of FTP 2015-20 to allow extension of EOP for 2 years on 2% of proportionate duty saved amount on unfulfilled EO or an 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. circular No.3 dated 02.09.2015. 34. M/s Sagri Foods Pvt. Ltd, Chandigarh

01/37/218/309/AM- 17/EPCG-II 2230000895 dated 03.04.2008 EOP for 2 years. submission of the party that the outbreak of avian flu impacted their exports due to which they could not fulfil their EO.
has fulfilled 21.77% EO during the EOP and are hopeful of fulfilling remaining EO in the extended EOP. 2.58 of FTP 2015-20 to allow: 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 2% of proportionate duty saved amount on unfulfilled EO or an

l 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 2% of proportionate duty saved amount on unfulfilled EO or an

circular No. 3/2015-20 dated 02.09.2015. 35. M/s Sri Venkata Lakshmi Narasimha Spinning Mills (P) Ltd., Guntur.

01/37/218/375/AM- 17/EPCG-II 0930005138 dated 01.09.2009 Non-maintenance of Annual Average Export Obligation for some years offset by excess exports in other years. The Committee noted the party’s submission that there is a shortfall in fulfilment of annual average EO in two years which has been offset by excess exports in other years. of FTP 2015-20 to allow condonation from maintenance of Annual Average EO as the firm has covered the shortfall through excess exports in Average EO during other years. 36. M/s Shree Salesar Polyflex Pvt. Ltd, Jaipur

01/37/218/204/AM- 17/EPCG-II 1330003386 dated 12.04.2012 1330003385 dated 12.04.2012 1330003395 dated 19.04.2012 1330003441 dated 30.05.2012 1330003459 dated 21.06.2012 1330003894 dated 21.08.2013 1330003950 dated 30.10.2013 0530159286 dated 17.09.2012 0530159287 dated 17.09.2012 Counting of value added portion of “Polyester Staple Fiber” in manufacture and export of yarn. The Committee noted that the request of the party is for counting of value added portion of ‘Polyester Staple Fiber’ in manufacture and export of ‘yarn’ manufactured, from ‘Polyester Staple Fiber’.

Committee noted that the request of the party is for counting of value added portion of ‘Polyester Staple Fiber’ in manufacture and export of ‘yarn’ manufactured, from ‘Polyester Staple Fiber’. The Committee deliberate upon the case and decided to defer it for further examination. 37. M/s Renganayaki Papers Pvt. Ltd, Hosur

01/37/218/376/AM- 17/EPCG-II 0430004631 dated 05.02.2007 EOP. has fulfilled 100% EO in the second block period.
DG for relaxation under Para 2.58 of FTP 2015-20 to allow extension of block-wise EOP, as the

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. 38. M/s Salzer Spinners Limited, Coimbatore

01/37/218/166/AM- 17/EPCG-II P/CG/2156064 dated 07.09.1995 Request for waiver of interest payable on duty saved amount. has sought waiver of interest on custom duty. The company has availed BIFR provisions to get extension of EOP. The Committee, decided to reject the request of the party as there is no provision for waiving of interest on custom duty under FTP. 39. 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 Waiver of composition fees payable for extension of EOP.

M- 17/EPCG-II 0330014284 dated 08.12.2006 0330014913 dated 29.01.2007 0330015915 dated 30.04.2007 0330014876 dated 24.01.2007 Waiver of composition fees payable for extension of EOP. The Committee noted that the request of the party for extension of block wise EOP without imposition of composition fee on account of force majeure in respect of 04 EPCG authorizations was placed before the EPCG Committee meeting held on 30.01.2017 and the request was rejected. Thereafter, the request of the party for review of the decision taken in the EPCG Committee meeting held on 30.01.2017, was again taken up in the meeting held on 29.03.2017 and first extension in EOP for two years and second extension in EOP for further two years was granted on payment of applicable composition fees and duty with interest.

The present request of the party is for a review for waiver the composition fees payable for extension of EOP.
case and decided to reject the request. 40. M/s Sun Flag Iron & Steel Company Ltd, Nagpur

01/37/218/320/AM- 17/EPCG-II 0330011136 dated 24.02.2006 Block wise extension in EOP has not fulfilled average EO. Therefore, there will be shortfall in fulfilment of block wise EO.
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

e shortfall in fulfilment of block wise EO.
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. 41. 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 Committee observed that the case was placed earlier before the EPCG Committee meeting held on 25.02.216, 25.07.2016, 30.08.2016 and 26.09.2016, wherein it was decided to defer it with directions to obtain comments of DoR.
The case was again taken up in the EPCG Committee meeting held on 23.11.2016 and was rejected on the basis of report of DoR which stated that the party has failed to fulfill EO even after completion of 6 years and that the two companies viz M/s. Thyssenkrupp Industries India Pvt Ltd and Rothe Erde India Pvt Ltd, Nashik cannot be treated as group companies under Para 9.28 of FTP. The party has requested for review of the decision taken in its meeting held on 23.11.2016 and requested to allow excess exports of their group company
M/s. ThysenKrupp Industries India Pvt Ltd. Ltd (TKIPL) for fulfilment of EO to the extent of 50%.

in its meeting held on 23.11.2016 and requested to allow excess exports of their group company
M/s. ThysenKrupp Industries India Pvt Ltd. Ltd (TKIPL) for fulfilment of EO to the extent of 50%. case and decided to defer it for further examination on file. 42. M/s Veeco Earthmovers Pvt. Ltd., Faridabad.

01/37/218/193/AM- 15/EPCG-II 0530142243 dated 30.10.2006 Request for waiver of interest on custom duty saved. has paid custom duty of Rs.13,63,581/-
for regularisation of the case and requested for waiver of interest on
custom duty. case and decided to reject the request of the party as there is no provision in FTP for waiver of interest on custom duty. 43. M/s Sterling Graphics Pvt. Ltd, Gurgaon

01/37/218/252/AM- 17/EPCG-II 0530146452 dated 19.06.2008 i. Extension of block-wise EOP. ii. Condonation of not-mentioning the name of EPCG authorization holder in the shipping bills. The Committee noted the party’s submission that they have fulfilled 46.15% EO in the first block period and 100% EO in overall EO period.
The Committee also noted that as per CLA, Delhi’s report, entire amount has been realised by the party in respect of third party shipping bills Nos.1108218, 4197135, 1769389, 2049594, 9097817, 9710854, 5163855, 4475975, 4814163, 6130819, 7299494, 7431031, 7421188,

has been realised by the party in respect of third party shipping bills Nos.1108218, 4197135, 1769389, 2049594, 9097817, 9710854, 5163855, 4475975, 4814163, 6130819, 7299494, 7431031, 7421188,

7747116, 919334 and 3043593. 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 RA may examine the request for Condonation of not-mentioning the name of EPCG authorization holder in the shipping bills as per policy. conditions prescribed in para 5.10(d) of HBP 2015-20 read with policy circular 3/2015-20 dated 02.09.2015. 44. M/s Akorn India Pvt. Ltd., Gurgaon.

01/36/218/279/AM- 17/EPCG-I 0330027282 dated 21.09.2010
0330027650 dated 28.10.2010
0330028165 dated 20.12.2010
0330028306 dated 03.01.2011
0330028334 dated 06.01.2011
0330028585 dated 07.02.2011
0330028845 dated 04.03.2011
0330029960 dated 08.07.2011 EOP for 2 years. not fulfil the EO within original EOP due to change in the management of the company and slow down of the global economy. The authorisations were originally issued to M/s Kilitch Drugs (India) Ltd and were transferred to M/s Akorn India Pvt. Ltd., Gurgaon on slump sale and after submission of fresh bank guarantee.
a). extension of block-wise EOP, as the provisions of Para 5.8.3 of HBP 2009- 14. b).

ferred to M/s Akorn India Pvt. Ltd., Gurgaon on slump sale and after submission of fresh bank guarantee.
a). extension of block-wise EOP, as the provisions of Para 5.8.3 of HBP 2009- 14. b). extension of EOP for two years on 2% of proportionate duty saved amount on unfulfilled EO or an

in Para 5.11 of HBP 2009-14, as the Policy Circular No.3 dated 02.09.2015. 45. M/s Trupti Devanand Patil, Maharashtra.

01/37/218/268/AM- 17/EPCG-II 3130003070 dated 31.03.2008 EOP for 2 years. not fulfil EO in stipulated EOP as they could not obtain export orders in international market. Further, they have furnished a copy of third party proforma invoice and third party agreement for EO fulfilment.
2.58 of FTP 2015-20 to allow: 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 2% of proportionate duty saved amount on unfulfilled EO or an circular No.3/2015-20 dated 02.09.2015. 46. M/s Rajvardhan Textiles, Maharashtra.

01/37/218/266/AM- 17/EPCG-II 3130003068 dated 31.03.2008 EOP for 2 years. not fulfil EO in stipulated EOP. They
have furnished copy of third party proforma invoice and third party agreement and submitted that they shall fulfil EO through third party exports.

s. not fulfil EO in stipulated EOP. They
have furnished copy of third party proforma invoice and third party agreement and submitted that they shall fulfil EO through third party exports.

2.58 of FTP 2015-20 to allow: 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 2% of proportionate duty saved amount on unfulfilled EO or an circular No.3/2015-20 dated 02.09.2015. 47. M/s Pushpraj Vasantrao Patil, Maharashtra.

01/37/218/267/AM- 17/EPCG-II 3130003065 dated 31.03.2008 EOP for 2 years. not fulfil EO in stipulated EOP due to depressed market conditions. Further, they have furnished a copy of third party proforma invoice and third party agreement and submitted that they shall fulfil EO through third party exports.
2.58 of FTP 2015-20 to allow: 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 2% of proportionate duty saved amount on unfulfilled EO or an

l 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 2% of proportionate duty saved amount on unfulfilled EO or an

circular No.3/2015-20 dated 02.09.2015. 48. M/s Pratap Dhondiram Patil, Maharashtra.

01/37/218/257/AM- 17/EPCG-II 3130003063 dated 31.03.2008 EOP for 2 years. not fulfil EO in stipulated EOP. They have furnished a copy of third party proforma invoice and third party agreement. They have submitted that they shall fulfil EO through third party exports.
2.58 of FTP 2015-20 to allow: 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 2% of proportionate duty saved amount on unfulfilled EO or an circular No. 3/2015-20 dated 02.09.2015. 49. 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 3230012960 dated 30.12.2008 3230013071 dated Review of the decision taken in the meeting of EPCG Committee held on 23.11.2016 for considering both Stainless Steel and Mild Steel as same and similar ferrous products under the broad category of Steel for fulfilment of EO.

of EPCG Committee held on 23.11.2016 for considering both Stainless Steel and Mild Steel as same and similar ferrous products under the broad category of Steel for fulfilment of EO. The Committee noted that the case was placed before the EPCG Committee
meeting on 25.07.2016 and it was decided to defer the case due to absence of the technical member.

The case was again considered in the EPCG Committee meeting held on 23.11.2016 and the EPCG Committee allowed condonation of procedural lapse of not applying to RA concerned for endorsement of alternate product before effecting exports with the condition that the EO could be fulfilled by export of Mild steel to the extent of 50% of the total EO.

At present, the PSU has sought review of the decision taken in the EPCG

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 Committee meeting held on 23.11.2016 for allowing 100% EO fulfillment by mild steel on the basis of recommendations of Government College of Engineering, Salem and IIT, Madras stating that both Stainless Steel and Mild Steel are similar products under the broad category of Steel.

case and decided to defer the case with the direction to seek technical comments of Ministry of Steel on the recommendation submitted by the party.

M/s Rajasthan Explosives & Chemicals Limited, Dholpur.

r the case with the direction to seek technical comments of Ministry of Steel on the recommendation submitted by the party.

M/s Rajasthan Explosives & Chemicals Limited, Dholpur.

01/37/218/39/AM- 18/EPCG-II 21017545 dated 21.01.1998 3039950 dated 30.06.1997 i. Extension of block-wise EOP. ii. Condonation of non-maintenance of annual average EO.
could not fulfil EO in the first block period due to financial sickness and suspension of production for two years from 1998 to 2000. The company went into BIFR and based on the rehabilitation scheme the EO was extended by DGFT for 5 years upto 23.11.2005. The party has now submitted that they have fulfilled 100% specific EO in the second block of EOP.
The Committee further noted the submission of the party that there is a shortfall in fulfilment of annual average EO in three years which has been offset by excess exports in other years. (a) extension of block-wise EOP, as the party could not apply to RA within the prescribed time period.
(b). Condonation from maintenance of Annual Average EO as the party has covered the shortfall in Average EO through excess exports during other years. 51. M/s Mahesh Engg. Works, Ludhiana

18/198/AM-17/P-5 3030008633 dated 24.08.2011 EOP. has fulfilled 17.83% EO in first block period and Nil EO during the second block period. party’s submission that they could not

Ludhiana

18/198/AM-17/P-5 3030008633 dated 24.08.2011 EOP. has fulfilled 17.83% EO in first block period and Nil EO during the second block period. party’s submission that they could not

fulfill the block-wise EO due to slump in the international market. The party has third party export orders in hand and are confident to fulfil the EO within the original EOP. 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 2009-2014. Policy Circular No. 3/2015-20 dated 02.09.2015.

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DGFT = Directorate General of Foreign Trade
DG = Director General
FTP = Foreign Trade Policy
HBP v1 = Handbook of Procedure Vol. I EO = Export Obligation
EODC = Export Obligation Discharge Certificate
EOP = Export Obligation Period
EPCG = Export Promotion Capital Goods
RA = Regional Authority
BG = Bank Guarantee
FFE = Free Foreign Exchange
IEC = Importer - Exporter Code
DOR = Department of Revenue
IEM = Industrial Entrepreneurs Memorandum RCMC = Registration-cum-Membership Certificate.