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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 31.05.2017.

Following officers attended the meeting:

a. Shri D.K. Gupta, Director (DBK), Department of Revenue b. Shri Kumar Rahul, Deputy Director General of Foreign Trade, DGFT

II. Minutes of the last Meeting held on 04.05.2017 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 Anjani Technoplast Ltd., Greater Noida..

01/36/218/233/AM- 17/EPCG-I 0530142168 dated 18.10.2006
0530141981 dated 18.09.2006
0530142361 dated 10.11.2006 Condonation of delay in submission of installation certificate from Central Excise The Committee noted that the party has fulfilled more than 100% EO against the authorizations 0530142168 dated 18.10.2006, 0530142361 dated 10.11.2006 and 98.28% against authorization no. 0530141981 dated 18.09.2006 within original EOP and also maintained the annual average.

The Committee took into account the submission of the party that they had obtained the installation certificate from Chartered Engineer. Thereafter, they have obtained the installation certificate from Central Excise Authority issued on 01.07.2013 which is beyond prescribed time period of 18 months.

e from Chartered Engineer. Thereafter, they have obtained the installation certificate from Central Excise Authority issued on 01.07.2013 which is beyond prescribed time period of 18 months.

The Committee deliberated upon the case and 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 fees of Rs. 5000/- against each authorization.

This has the approval of DG. 2. M/s Bajrang Agrotech (India) Pvt. Ltd., Durg

01/36/218/258/AM- 17/EPCG-I 1130000238 dated 17.03.2004
1130000394 dated 18.01.2005 Extension of block-wise EOP and extension of EOP for 02 years submission of the party that the export of non basmati rice was banned in 1st block period vide notification no. 93 dated 01.04.2008 which was lifted vide notification no. 71 dated 09.09.2011.
Further, they could not fulfil the EO as exports prices were not competitive in comparison with domestic selling price. RA has reported that automatic EO extension in the event of ban of export of a product has been permitted by the RA.

2015-20 to allow:

a) extension of block-wise EOP in respect of EPCG authorization no. 1130000394 dated 18.01.2005, as the party could not apply to RA within the prescribed time
period. This shall be subject to payment of

of block-wise EOP in respect of EPCG authorization no. 1130000394 dated 18.01.2005, as the party could not apply to RA within the prescribed time
period. This shall be subject to payment of

2% composition fees on duty saved amount in proportion to the shortfall at the end of first block in terms of provisions
of Para 5.8.3 of HBP 2004-09; and

b) extension of EOP for 2 years in respect of EPCG authorization no. 1130000394 dated 18.01.2005, on payment of composition fees 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.

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.

Further, the committee deliberated upon the case and decided to defer the request of the party in respect of authorization no. 1130000238 dated 17.03.2004 for further examination on file and to seek more information from the party in the matter.

M/s Balkrishna Industries Limited, Mumbai.

01/36/218/281/AM- 17/EPCG-I 0330036267 dated 03.07.2013 Permission to shift the capital goods. installed 3D Strip Winder Systems at Bhuj, Unit and 2D Strip Winder along with spares at Waluj Unit and submitted the installation certificates from Central Excise.

n to shift the capital goods. installed 3D Strip Winder Systems at Bhuj, Unit and 2D Strip Winder along with spares at Waluj Unit and submitted the installation certificates from Central Excise.

The company is rearranging production and therefore, have requested for permission to shift the capital goods imported under the authorization from Bhuj Unit to Bhiwadi unit and Waluj unit to Bhuj unit. The addresses of the units are mentioned in the IEC and RCMC of the authorization holder.

and decided to permit the shifting of capital goods imported under the authorization. The party shall submit fresh installation certificate to RA within 6 months from the date of installation of Capital Goods at the new units.

M/s Bengal Textile Industries, Kolkata

01/36/218/152/AM- 17/EPCG-I 0230003515 dated 08.08.2008 EOP and extension of EOP for 2 years. submission of the party that they could not fulfil the EO within original EOP due to economic slowdown. Further, they have submitted that after extensive efforts, they have been able to obtain export orders from new developing markets and are confident to fulfil the EO within extended EOP.

wn. Further, they have submitted that after extensive efforts, they have been able to obtain export orders from new developing markets and are confident to fulfil the EO within extended EOP.

2015-20 to allow:

a) extension of block-wise EOP, as the party could not apply to RA within the
prescribed time period. This shall be subject to payment of 2% composition fee on duty saved amount in proportion to
the shortfall at the end of first block in terms of the provisions of Para 5.8.3 of HBP 2004-09; and

b) extension of EOP for 2 years on payment of composition fees equal to 2% of proportionate duty saved amount on unfulfilled EO or an enhancement in 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.

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

M/s Bhaskar Industries Pvt. Ltd., Bhopal.

01/36/218/299/AM- 17/EPCG-I 1130001226 dated 20.06.2008
1130000969 dated 04.10.2007
1130001218 dated 10.06.2008
1130001269 dated 04.08.2008
1130001068 dated 16.01.2008
1130001073 dated 25.01.2008
1130001128 dated 11.03.2008 EOP. fulfilled EO under the authorizations under:

Authorizatio n no. & date Specific EO fulfilled AEO fulfilment 1130001226 dt. 20.06.2008 92.84% Yes 1130000969 dt. 04.10.2007 95.03% Yes 1130001218 dt. 10.06.2008 88.49% Yes 1130001269 dt. 04.08.2008 52.03% Yes 1130001068 dt.

EO fulfilment 1130001226 dt. 20.06.2008 92.84% Yes 1130000969 dt. 04.10.2007 95.03% Yes 1130001218 dt. 10.06.2008 88.49% Yes 1130001269 dt. 04.08.2008 52.03% Yes 1130001068 dt. 16.01.2008 113.95% Yes 1130001073 dt. 25.01.2008 105% Yes 1130001128 dt. 11.03.2008 136.45% Yes

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.

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

M/s Cochin Dies & Moulds.

01/36/218/266/AM- 17/EPCG-I 1030001005 dated 10.10.2006 i. Extension of block- wise EOP. ii. Extension of EOP for 1 year 2 months. iii. Shipping Bill No. 4134890 dated 17.11.2015 exported beyond the EOP for an FOB value of Rs.2061802/- may be permitted for fulfilment of specific EO and average EO. iv. To permit free shipping bills wherein EPCG Authorization number is not mentioned to avail the facility of policy circular No.7 dated 11.07.2002. The Committee noted the party has submitted free shipping bills for EO fulfilment in respect of this authorization which cannot be considered for fulfilment of EO.

and decided to reject these requests of the party.

M/s D.K. Pharmachem Pvt. Ltd.,Thane.

01/36/218/248/AM- 17/EPCG-I 0330007616 dated 10.01.2005 i. Extension of block- wise EOP; and
ii. Condonation from maintenance of annual average EO offset by excess exports in other years.
fulfil 50% EO during the 1st block of EOP and could not maintain annual average due to recession in the international market.

The Committee noted that the party have fulfilled their entire specific EO during the second block period and also maintained the annual average in totality.

2015-20 to allow:

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

their entire specific EO during the second block period and also maintained the annual average in totality.

2015-20 to allow:

a) extension of block-wise EOP, as the prescribed time period. This shall be on duty saved amount in proportion to
terms of the provisions of Para 5.8.3 of HBP 2004-2009.

b) condonation from maintenance of Annual Average EO as the firm has covered the shortfall in some years through excess exports in Average EO during other years.

M/s ENPAY Transformer components.

01/36/218/304/AM- 17/EPCG-I 0330026331 dated 17.06.2010
EOP. fulfilled 43.60% EO during the 1st block period and 56.42% EO during 2nd block period.

fulfil 50% EO during the 1st block of EOP due to recession in the international market.

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.

M/s Hindustan Equipments Pvt. Ltd., Indore.

01/36/218/64/AM- 18/EPCG-I 1130001860 dated 09.08.2010
1130002104 dated 25.04.2011
1130002029 dated 03.02.2011
1130001962 dated 25.11.2010 EOP and extension of EOP for 02 years. The Committee noted the party’s submission that they could not fulfil EO within the original EOP due to worldwide recession. Presently, they have purchase orders in hand and are confident to fulfil EO in the extended period.

2015-20 to allow:

a) extension of block-wise EOP, as the prescribed time period. This shall be on duty saved amount in proportion to
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 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.

HBP 2015-20 read with Policy Circular No.

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.

HBP 2015-20 read with Policy Circular No.

3/2015-20 dated 02.09.2015.

M/s Kamadhenu Telefilms Pvt. Ltd., Bangalore.

01/36/218/55/AM- 18/EPCG-I 0730007654 dated 04.12.2008 EOP. fulfil 50% EO during the 1st block of EOP due to delay in receiving exports order. fulfilled their entire EO during the 2nd block period.

Para 5.8.3 of HBP 2004-2009.

M/s Laxmi Vishal fabrics Pvt. Ltd Bhilwara.

18/74/AM-17/P-5 1330001353 dated 26.07.2006
1330001781 dated 31.01.2008 EOP. fulfil 50% EO during the 1st block of EOP due to slump in the international market. The Committee noted that the party’s submission that they have fulfilled their Export Obligation through third party exports during the 2nd block period.

Para 5.8.3 of HBP 2004-2009.

M/s Laxmi Industries, Jalandhar.

18/05/AM-18/P-5 3030007968 dated 16.03.2011 Condonation of delay in submission of installation certificate from Central Excise. submission of the party that they have obtained the installation certificate from the Chartered Engineer in time. Thereafter, they have obtained the installation certificate from Central Excise Authority which is beyond prescribed time period of 18 months. The Committee also noted the party’s submission that they have fulfilled 100% EO during the 2nd

block of EOP.

2015-20 to allow condonation of delay in submission of installation certificate subject to payment of composition fee of Rs. 5000/-.

M/s Maini Precision Products Limited, Bangalore.

01/36/218/45/AM- 18/EPCG-I 0730009113 dated 09.07.2010 Condonation from maintenance of annual average EO offset by excess exports in other years. fulfilled their entire EO under the authorization within 1st block period and also maintained the average EO in totality.

2015-20 to allow off setting of the shortfall in Average EO during the financial year 2010-11 by excess exports made during the years 2011-12 to 2012-13.

M/s M.D. Agro Foods, Karnal.

18/200/AM-17/P-5 3330001354 dated 23.07.2009
EOP. fulfilled their entire EO during the 2nd block period.

fulfil 50% EO during the 1st block of EOP due to high exchange rate fluctuations.

18/200/AM-17/P-5 3330001354 dated 23.07.2009
EOP. fulfilled their entire EO during the 2nd block period.

fulfil 50% EO during the 1st block of EOP due to high exchange rate fluctuations.

Para 5.8.3 of HBP 2009-2014.

M/s Modern Automotives Limited, Chandigarh.

18/199/AM-17/P-5 2230001401 dated 29.06.2010
2230000642 dated 09.05.2007 EOP and extension of EOP for 2 years. fulfil the EO within EOP against the authorizations due to delay in start of commercial production. At present, they have exports order in hand and are hopeful to complete the EO within extended EOP.

2015-20 to allow:

a). extension of block-wise EOP, as the

prescribed time period. This shall be on duty saved amount in proportion to
terms of the provisions of Para 5.8.3 of HBP 2004-09 and 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 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.

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

M/s K.S Engineering tools, Thiruvallur

01/36/218/277/AM- 17/EPCG-I 0430006356 dated
08.07.2008 Waiver from submission of Bill of Export for supplies to SEZ unit. and decided to reject the request of the party in view of the fact that bill of export is a mandatory document for claiming EO fulfilment under FTP and as per clause 30(3) of the SEZ Rules-2006. 17. M/s Machhar Packaging Services Pvt. Ltd., Aurangabad.

e fact that bill of export is a mandatory document for claiming EO fulfilment under FTP and as per clause 30(3) of the SEZ Rules-2006. 17. M/s Machhar Packaging Services Pvt. Ltd., Aurangabad.

01/36/218/41/AM- 18/EPCG-I 0330016050 dated 14.05.2007 Waiver from submission of Bill of Export for supplies to SEZ unit. 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. 18. M/s Alliance Andhra Pradesh Black Galaxy Private Ltd.

01/36/218/295/AM- 17/EPCG-I 0430005472 Dated
17.10.2007 0430005473 Dated
17.10.2007 Waiver from submission of Bill of Export for supplies to SEZ unit. 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. 19. M/s Dietech India (P) Ltd , Kanchipuram.

01/36/218/219/AM- 17/EPCG-I 0430002674 dated 20.05.2005
0430002675 dated 20.05.2005
0430002942 dated 18.08.2005
0430003211 dated 06.12.2005 0430004203 dated 10.10.2006
0430004390 dated 04.12.2006 Clubbing of EPCG authorizations in terms of

Para 5.18 of HBP 2004-09.

submission of the party that they have completed clubbed EO of the authorizations before the expiry of EOP of earliest issued authorization, but could not submit their application for clubbing to RA in time.

The Committee noted that their request has been rejected by RA, stating that they have applied for clubbing after the expiry of EOP of the EPCG authorizations.

and decided to reject the request of the party in terms of Para 5.18.6 of HBP 2004- 09 which does not permit clubbing after expiry of EOP.
20. M/s Shrivardhan Biotech, Kolhapur.

18/11/AM-18/P-5

Issuance of EPCG authorization for import of Plastic Sheets for Green House. and decided to withdraw it for further examination on file.

M/s Tanvika Polymers Pvt. Ltd, Vadodara

01/37/218/08/AM- 18/EPCG-II 3430001267 dated 02.07.2008 Block wise extension of EOP for 2 years. completed EO against the authorization in the second block of EOP.

fulfil EO during the first block of EOP due to recession in global market.

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 Precision Industrial Fasteners, Ludhiana.

01/37/218/10/AM- 18/EPCG-II 3030007328 dated 01.10.2010 3030007577 dated 02.12.2010 Condonation of delay in submission of installation certificate. The Committee noted that the party has fulfilled more than 100% EO within 1st block of EOP.

submission of the party that the capital goods imported, vide Bill of entry No. 898844 dated 15.10.2010, were installed in time but the installation certificate was obtained from Central Excise on 07.06.2013 which is beyond prescribed time period of 18 months.

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 Suncity Strips & Tubes Pvt. Ltd, Jodhpur.

01/37/218/28/AM- 17/EPCG-II 1330002529 dated 30.03.2010 EO and extension of EOP for 2 years. fulfilled more than 80% EO within the stipulated EOP and are hopeful of fulfilling remaining EO in the extended EOP.

fulfil EO in stipulated EOP due to slump in the international market.

2015-20 to allow:

a) extension of block-wise EOP, as the

are hopeful of fulfilling remaining EO in the extended EOP.

fulfil EO in stipulated EOP due to slump in the international market.

2015-20 to allow:

a) extension of block-wise EOP, as the

prescribed time period. This shall be on duty saved amount in proportion to 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 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.

to conditions prescribed in Para 5.10(d) of

M/s Parthas, Thiruvananthapuram

01/37/421/28/AM- 17/EPCG-II 5330001590 dated 05.11.2014 Extension in installation time for installation of capital goods. The Committee took into to account the submission of the party that the delay in installation of Capital Goods occurred as they had to suspend construction work due to commissioning of flyover project in front of the hotel and pipe laying work for Drinking Water Supply. The party is expecting the completion of the installation of capital goods by the end of December, 2017.

and decided to defer it for further examination. 25. M/s Pravin Wipers & Ancillaries Pvt. Ltd, Mumbai

01/37/218/383/AM- 17/EPCG-II 0330023843 dated 23.09.2009 Acceptance of Chartered Engineer certificate instead of Central Excise.

on. 25. M/s Pravin Wipers & Ancillaries Pvt. Ltd, Mumbai

01/37/218/383/AM- 17/EPCG-II 0330023843 dated 23.09.2009 Acceptance of Chartered Engineer certificate instead of Central Excise. fulfilled their entire EO within first block of EOP.

The party has procured the capital goods for installation at B/5, Giriraj Industrial Estate, B1, B2, B3, Western Express Highway, Sativali-Vasai-E, Dist-Thane Maharashtra . The party has intimated shifting of premises to RA and shifted the Capital goods to new factory address at Building No.3, Hissa No.2, S.No.65, Jeevan Sunder Industrial Estate, Naikpada, Waliv, Vasai (E) Thane and subsequently submitted installation certificate dated 01.03.2013 issued by Chartered Engineer and got the subject EPCG authorisation amended on 04.10.2013. RA has advised the party to submit Installation Certificate issued by

Jurisdictional Excise Authority with new place of installation.

2015-20 to allow acceptance of installation certificate issued by chartered engineer instead of central excise authority subject to payment of composition fee of Rs. 5000/- and verification report by Central Excise Authorities that the capital goods are installed in their factory/premises.

M/s Warm Forgings Pvt. Ltd, Bhiwadi

01/37/218/186/AM- 17/EPCG-II 1330002109 dated 28.04.2009 1330002560 dated 28.04.2010 i. Extension of block- wise EOP,
ii. regularization of shifting of capital goods; and, iii.

01/37/218/186/AM- 17/EPCG-II 1330002109 dated 28.04.2009 1330002560 dated 28.04.2010 i. Extension of block- wise EOP,
ii. regularization of shifting of capital goods; and, iii. Acceptance of submission of installation certificate from Chartered Engineer instead of Central Excise. The Committee noted that the party could not fulfil EO during the first block of EOP due to global recession. The party has however fulfilled 100% EO in the second block of EOP.

submission of the party that subject EPCG authorisation was issued for installation of capital goods at SPL, ID & IE, Phase-I, Industrial Area, Bhiwadi-301019 but due to paucity of space they had to shift the Capital Goods to their other unit at Plot No SP 238(B) & SP 238(C), Industrial Area, Kahrani, Bhiwadi, Alwar. They could not seek prior permission as they were unaware of the provisions. Addresses of both units are endorsed on IEC of the company.

The Committee also took into account the submission of the party that the Jurisdictional Central Excise authority has not issued installation certificate for the new address.

2015-20 to allow:

a) extension of block-wise EOP, as the prescribed time period. This shall be on duty saved amount in proportion to terms of the provisions of Para 5.8.3 of HBP 2009-14; and

b) regularisation of the shifting of capital goods from SPL, ID & IE, Phase-I, Industrial Area, Bhiwadi to their other unit at Plot No SP238(B) & SP 238(C), Industrial Area, Kahrani, Bhiwadi, Alwar.

c).

on of the shifting of capital goods from SPL, ID & IE, Phase-I, Industrial Area, Bhiwadi to their other unit at Plot No SP238(B) & SP 238(C), Industrial Area, Kahrani, Bhiwadi, Alwar.

c). acceptance of installation certificate issued by chartered engineer instead of

central excise authority subject to payment of composition fee of Rs.5000/- against each authorization and submission of verification certificate from Central Excise authority that the capital goods are installed in their factory/premises.

M/s Somnath Sortex, Maharashtra.

01/37/218/36/AM- 15/EPCG-II 0330002020 dated 24.04.2002 Extension of EOP. and decided to defer it with directions to call the party for PH in the next Committee meeting before taking a decision in the matter. 28. M/s Sreema Nets, Tamil Nadu

01/37/218/413/AM- 18/EPCG-II 3530003699 dated 30.06.2009 3530004349 dated 24.01.2011 i. Extension of block- wise EOP in respect of 02 EPCG authorizations Nos. 3530003699 dated 30.06.2009 and 3530004349 dated 24.01.2011. ii. Extension of EOP for 2 years in respect of EPCG authorization No. 3530004349 dated 24.01.2011. The Committee noted that the party’s submission that they have fulfilled 5.51% EO in first block of EOP and 45% EO during second block of EOP in respect of EPCG authorisation No. 3530003699 dated 30.06.2009 & 21.78% EO in first block of EOP and Nil EO during second block of EOP in respect of EPCG authorisation No. 3530004349 dated 24.01.2011.

ct of EPCG authorisation No. 3530003699 dated 30.06.2009 & 21.78% EO in first block of EOP and Nil EO during second block of EOP in respect of EPCG authorisation No. 3530004349 dated 24.01.2011.

submission of the party that they could not fulfil EO during the original EOP due to severe recession in the international market. Presently, they have export orders in hand and are hopeful of completing the remaining EO within the extended EOP.

2015-20 to allow:

a) extension of block-wise EOP in respect of EPCG authorizations Nos.3530003699 dated 30.06.2009 and 3530004349 dated 24.01.2011, 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 in respect of EPCG authorization No. 3530004349 dated 24.01.2011 on payment of composition fee equal to 2% of proportionate duty saved amount on unfulfilled EO or an enhancement in 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

O or an enhancement in 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.

to conditions prescribed in Para 5.10(d) of No.3/ 2015-20 dated 02.09.2015.

M/s Surya Roshni Limited, New Delhi

01/37/218/46/AM- 17/EPCG-II 0530151135 dated 02.02.2010 0530151136 dated 02.02.2010 0530151454 dated 08.03.2010 0530151500 dated 12.03.2010 EOP and addition of alternate export product. fulfil EO through export of originally endorsed export product i.e. CFL due to declining demand of the product in international market. The Committee noted that the party’s submission that they have made exports of other goods i.e. FTL which is prior to the endorsement of alternate product.

2015-20 to allow:

a). extension of 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 2004-2009.

The Committee observed that there was a provision to fulfil 50% EO by export of alternate products at the time of issuance of authorisation. The Committee deliberated upon the request to allow 100% EO fulfilment through alternate products and decided to defer it for further examination.

M/s Sattur Sri Venkateshwara Duplex Boards (P) Ltd, Tamil Nadu.

01/37/218/11/AM- 18/EPCG-II 3530003469 dated 14.10.2008 EO and extension of EOP for 2 years. The Committee noted the submission of the party that they have fulfilled 37% EO in 1st block and 43.43% EO in second block of EOP.

submission of the party that they could not fulfil EO during the original EOP due to recession in international market. Now, they are hopeful of completing remaining EO in the extended EOP.

2015-20 to allow:

a) extension of block-wise EOP, as the prescribed time period. This shall be

on duty saved amount in proportion to terms of the provisions of Para 5.8.3 of HBP 2004- 09; and b). extension of EOP for 2 years on payment of composition fee equal to 2% of proportionate duty saved amount on unfulfilled EO or an enhancement in EO 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.

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

M/s Replica Packarts Pvt. Ltd., Pune.

hin the prescribed time period.

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

M/s Replica Packarts Pvt. Ltd., Pune.

01/37/218/296/AM- 17/EPCG-II 3130005601 dated 22.03.2011 Addition of alternate products. The Committee observed that the case was taken up in the EPCG committee meeting held on 22.02.2017 wherein it was decided to defer it to obtain a report from DRI.

DoR, vide OM dated 25.04.2017, has forwarded letter dated 04.11.2015 from DRI, Mangalore. DRI, Mangalore has stated that the exports have been effected by unrelated third party without any nexus which cannot be counted towards the fulfilment of export obligation of EPCG authorization.

and decided to reject the request in view of the malafide intent of the party.

M/s Unik Printers Pvt. Ltd, Mumbai

01/37/218/128/AM- 17/EPCG-II 0330020566 dated 04.07.2008 EOP and extension of EOP for 2 years. The Committee observed that the case was taken up in the EPCG committee meeting held on 29.03.2017 wherein it was decided to defer it for obtaining report from DoR.

DoR, vide OM dated 11.05.2017, has forwarded a copy of report dated 08.05.2017, from DRI, New Delhi which has stated the investigation carried out by DRI appears to indicate that the party had attempted to fulfil their export obligation fraudulently in the past by mentioning job work in export documents of M/s. Dev Harsh InfoTech Pvt. Ltd.

by DRI appears to indicate that the party had attempted to fulfil their export obligation fraudulently in the past by mentioning job work in export documents of M/s. Dev Harsh InfoTech Pvt. Ltd. The party was engaged in commercial printing of paper in sheet form like leaflets & desk calendars etc. and did not have the facility of printing thermal papers in their factory.

and decided to reject the request.
33. M/s Mittal Clothing Pvt. Ltd., Bangalore

0730008435 dated 10.12.2009
i. Extension of block- wise EOP in respect of EPCG submission of the party that due to recession in international market and lack

18/172/AM-17/P-5 0730007177 dated 14.07.2008
0730008158 dated 17.08.2009 authorization Nos. 0730008435 dated 10.12.2009, 0730007177 dated 14.07.2008 and 0730008158 dated 17.08.2009.
ii. Extension of EOP for 2 years against EPCG authorization No. 0730007177 dated 14.07.2008. of export orders, they could not complete the EO in time and have deposited the composition fee @ 2% for extension of block-wise EOP to RA, concerned. Presently, they have exports order in hand and are hopeful to complete the EO within extended EOP.

2015-20 to allow:

a). extension of block-wise EOP in respect of EPCG authorization Nos. 0730008435 dated 10.12.2009, 0730007177 dated 14.07.2008 and 0730008158 dated 17.08.2009, as the party could not apply to RA within the prescribed time period.

of EPCG authorization Nos. 0730008435 dated 10.12.2009, 0730007177 dated 14.07.2008 and 0730008158 dated 17.08.2009, 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 & 2009-14; and

b). extension of EOP for 2 years against EPCG authorization no. 0730007177 dated 14.07.2008 on payment of composition fee equal to 2% of proportionate duty saved amount on unfulfilled EO or an enhancement in EO imposed to the extent of 10% of total EO at the choice of exporter, for each year of extension sought in terms of provisions contained in Para 5.11 of HBP 2004-09, as the party could not apply to RA within the prescribed time period.

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

M/s Emami Paper Mills Limited, Kolkata.

01/36/218/69/AM- 17/EPCG-I 0230001666 dated 28.07.2006
0230002165 dated 22.02.2007
0230002277 dated 09.04.2007
0230002400 dated 07.06.2007 i. Extension of block- wise EOP in respect of 03 EPCG authorization nos. 0230002277 dt. 09.04.2007, 0230002400 dt. 07.06.2007 & 0230002165 dt. 22.02.2007. ii. Counting of exports made by Group Company against 03 authorization nos. 0230001666 dt. 27.07.2006, 0230002277 dt. 09.04.2007 & 0230002400 dt. 07.06.2007. iii. Condonation of The Committee noted that the request of the party for extension of EOP for 2 years was placed before the EPCG Committee meeting held on 30.08.2016, wherein EO extension of 02 years was granted to the party in respect of above said authorizations. Further, the Committee observed that the party has fulfilled the EO in respect of these authorization as under: Authorization no. & date EO fulfilled 0230001666 dt.

ve said authorizations. Further, the Committee observed that the party has fulfilled the EO in respect of these authorization as under: Authorization no. & date EO fulfilled 0230001666 dt. 28.07.2006 17.19% 0230002400 dt. 07.06.2007 9.42% 0230002277 dt. 09.04.2007 89.20% 0230002165 dt. 22.02.2007 Nil

submission of the party that they had

procedural lapse for mentioning wrong EPCG authorization numbers in shipping bills in respect of 03 EPCG authorization nos. 0230001666 dt. 27.07.2006, 0230002277 dt. 09.04.2007 & 0230002165 dt. 22.02.2007. made exports for EO fulfillment through their Group Company M/s Emami Limited. Further, the Committee noted that RA Kolkata vide their letter dated 18.04.2017 has stated that M/s Emami Paper Mills Limited and Emami Limited fulfil the condition of Group company.

The Committee also took into account the submission of the party that during 2014- 15 & 2015-16 their Group Company has made excess exports by mentioning wrong EPCG authorization numbers on shipping bills. Though the shipping bills are endorsed with EPCG authorization numbers, the same was neither used as specific exports nor submitted for the redemption against any EPCG authorization. The EPCG authorization numbers which were wrongly mentioned in these shipping bills, have already been redeemed.

2015-20 to allow:

i. extension of block-wise EOP in respect of 03 EPCG authorization nos. 0230002277 dt. 09.04.2007, 0230002400 dt. 07.06.2007 & 0230002165 dt.

ady been redeemed.

2015-20 to allow:

i. extension of block-wise EOP in respect of 03 EPCG authorization nos. 0230002277 dt. 09.04.2007, 0230002400 dt. 07.06.2007 & 0230002165 dt. 22.02.2007, 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 2004-09. ii. Regularization of the exports made by their Group Company for fulfillment of EO against 03 authorization nos. 0230001666 dt. 27.07.2006, 0230002277 dt. 09.04.2007 & 0230002400 dt. 07.06.2007, subject to the following conditions: a. the party fulfilling the criteria of Group Company as per policy read with the judgement of the Hon’ble High Court of Bombay in the case of Tata Teleservices Limited; and b. Compliance of the policy provision laid down in Para 5.4(i) of FTP (RE-2007)/ 2004-09 which states that additional export obligation imposed shall be over and above average exports achieved by unit / company / group company / managed hotel in preceding three years, despite exemption in

Para 5.7.6 of HBP v1.

iii. Condonation of wrong mentioning the EPCG authorization number and date on shipping bills in respect of 03 EPCG authorization nos. 0230001666 dt. 27.07.2006, 0230002277 dt. 09.04.2007 & 0230002165 dt. 22.02.2007 subject to the condition that there is no double counting of exports and payment of a composition fee of Rs. 200/- per Shipping Bill.

M/s Rohini Textile Industry (P) Ltd., Tirupur.

01/37/218/416/AM- 17/EPCG-II 3230013081 dated 16.02.2009 Extension of EOP. The Committee noted that the request of the party is not clear. The Committee, therefore, decided to defer the case for seeking comments / clarification from RA concerned for further examination.

M/s Naughty Foods Pvt. Ltd., Indore

01/37/218/62/AM- 18/EPCG-II 1130000961 dated 24.09.2007 Extension of EOP for 2 years.
fulfilled 55.6% of EO in the first block of EOP.

fulfil EO in the stipulated EOP due to worldwide recession and reschedule of purchase by their customers. Presently, they have export orders in hand and are hopeful of fulfilling remaining EO in the extended EOP.

2015-20 to allow extension of EOP for 2 years on payment of composition fee equal to 2% of proportionate duty saved amount on unfulfilled EO or an enhancement in EO imposed to the extent of 10% of total EO at the choice of exporter, for each year of extension sought in terms of provisions contained in

Para 5.11 of HBP 2004-09, as the party

could not apply to RA within the prescribed time period.

to conditions prescribed in Para 5.10(d) of No.3/2015-20 dated 02.09.2015.

M/s Shuban Prints, Jaipur.

01/37/218/417/AM- 17/EPCG-II 1330002898 dated 01.02.2011 EOP and extension of EOP for 2 years. fulfilled 49.21% EO in the second block of EOP.

fulfil EO in stipulated EOP due to slump in the international market. Presently, they have export orders in hand and are hopeful of fulfilling remaining EO in the extended EOP.

2015-20 to allow:

a) extension of block-wise EOP, as the prescribed time period. This shall be on duty saved amount in proportion to 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 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.

to conditions prescribed in Para 5.10(d) of No.3/2015-20 dated 02.09.2015.

DGFT = Directorate General of Foreign Trade DG = Director General FTP = Foreign Trade Policy HBP v1 = Handbook of Procedure Vol.

ibed in Para 5.10(d) of No.3/2015-20 dated 02.09.2015.

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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