DGFT Minutes

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F.No. 01/36/218/31/AM-20/EPCG

MINUTES OF 2ND MEETING OF AM-21 OF THE EPCG COMMITTEE HELD UNDER THE CHAIRMANSHIP OF SHRI SATYAN SHARDA, ADDITIONAL DIRECTOR GENERAL OF FOREIGN TRADE AT 3.00 PM ON 13.07.2020

I. The meeting was scheduled to be held on 10.7.2020 but was postponed to 13.7.2020.

II. The meeting was held on 13.7.2020 through Video Conferencing Mode on Cisco webex cyber meeting app due to Covid-19 restrictions (Meeting number: 166 154 6130 ).

III. Following officers attended the meeting:

i. Shri Rajbir Sharma, Joint Director General of Foreign Trade, DGFT
ii. Shri Vaibhav Bhatnagar, OSD, Department of Revenue
iii. Shri A.K. Mishra, A.I.A, Ministry of Steel iv. Shri Randheep Thakur, Deputy Director General of Foreign Trade, DGFT

IV. The Committee deliberated upon all the cases and following decisions were taken:

Sl. N o Firm’s Name and File Number EPCG Authorisation No. Subject Decision of the Committee

M/s. Indian Oil Ltd, Delhi

01/36/218 /339/AM- 20/EPCG 0530153073
dated
16.08.2010 Condonation of procedural lapse of endorsement of wrong EPCG License number in a shipping bill.
The Committee took into account the submission of the party that they had inadvertently endorsed wrong EPCG Authorization no. 0530152540 dated 24.06.2010 in a shipping bill No. 7913766 dated 07.03.2012 instead of the correct Authorization number 0530153073 dated 16.08.2010. It has also been submitted that wrongly endorsed EPCG authorization no.

in a shipping bill No. 7913766 dated 07.03.2012 instead of the correct Authorization number 0530153073 dated 16.08.2010. It has also been submitted that wrongly endorsed EPCG authorization no. 05301152540 dated 24.06.2010 is not closed and yet to be redeemed.

The Committee deliberated upon the

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case and decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow consideration of the wrongly mentioned EPCG authorization no. 0530152540 dated 24.06.2010 in a shipping bill No. 7913766 dated 07.03.2012 instead of the correct Authorization number 0530153073 dated 16.08.2010 towards fulfillment of the specific EO.

The above recommendation is subject to the condition that:

(i) The Company had not submitted the shipping bill to be counted to the RA for redemption of EPCG Authorization. RA to verify this aspect carefully.
(ii) The EPCG authorizations under consideration have not been redeemed.
(iii) This is not a free shipping bill.
(iv) All the EPCG Authorisations under consideration have the same export product.
(v) All the EPCG Authorisations under consideration are issued in the same Policy period.
(vi) The specific export obligation that was to be fulfilled within the Block and within the EOP has been fulfilled within the valid EOP. (vii) There is no double counting of exports. The Shipping Bill has not been/shall not be considered towards the discharge of E.O. against any

EOP has been fulfilled within the valid EOP. (vii) There is no double counting of exports. The Shipping Bill has not been/shall not be considered towards the discharge of E.O. against any

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other EPCG Authorisation. (viii) Annual Average EO, if imposed, has to be maintained in respect of the EPCG Authorisations.
(ix) Payment of a composition fee of Rs. 200/- per export document is to be made by the party.
(x) Any investigation/adjudication proceeding by DRI/ Customs/ ECA action is not pending in respect of the subject EPCG authorisations. This has the approval of DG.

M/s. Falcon Marine Exports Ltd, Kolkata

01/36/218 /15/AM-2 1/EPCG i.023001158 4
dated
08.02.2016 ii.02300113 16 dated
20.05.2016 iii.0230011 371 dated
06.06.2016 iv.02300113 70 dated
06.06.2016 v.02300114 16 dated
16.06.2016 vi.02300119 66 dated 25.11.2016 vii.0230011 972 dated 29.11.2016 viii.023001 2525 dated
06.01.2017 ix.02300121 Request for change in installation address in respect of capital goods imported under EPCG authorization s
case and decided to defer it for calling all the installation certificates before the matter is taken up again.

on address in respect of capital goods imported under EPCG authorization s
case and decided to defer it for calling all the installation certificates before the matter is taken up again.

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82 dated
30.01.2017 x.02300122 59 dated 24.02.2017 xi.02300122 57 dated
24.02.2017 xii.0230012 333 dated 21.03.2017 xiii.023001 2258 dated 24.02.2017

M/s. Jewelex India Pvt Ltd., Mumbai

01/36/218 /393/AM- 20/EPCG i.033004447 9 dated
06.06.2016 ii.03300461 95 dated
16.01.2017

Request for condonation of delay in payment of 10% excess duty utilization fee.

The party has requested to allow regularization of late payment of additional fee to cover excess imports. The Committee noted that in this regard, para 5.16 (a) of HBP 2015-20, as amended, provides that if
authorization issued has been utilized for import of goods in
excess of duty saved amount indicated on the authorization by not more than 10%, the RA may accept additional fee to cover excess imports effected, in terms of duty saved amount, even beyond one month but within two years of the excess
import taking place, subject to payment of composition fee of Rs. 5000/- per authorization.

of FTP 2015-20 for condonation of procedural lapse of delay of more than a month in payment of fee for excess duty saved amount as envisaged in the

para 5.16(a) of HBP 2015-20, subject

to payment of composition fee of
Rs. 5000/- per authorisation and to the

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condition that the excess utilization is not more than 10% of duty saved mentioned in the subject EPCG authorisations. This has the approval of DG.

M/s. Vedanta limited, Delhi

01/36/218 /22/AM-2 1/EPCG 34 Numbers EPCG Authorizati ons Request for exemption from installation of CG against 34 EPCG Authorization s

case and decided to defer it for examination on file. 5. M/s. Fiat India Automobi les Pvt Ltd, Pune

01/36/218 /04/AM-2 1/EPCG 3130003119
dated
01.05.2008 Condonation of non-mention of supporting manufacturer name on shipping bills in respect of EPCG authorization. case and observed that mentioning of supporting manufacturer’s name in the Shipping Bills is necessary and the party has not given any meritorious reason to consider their request for condonation of this procedural lapse.

The Committee rejected the request of the party, being devoid of merit.

M/s. Sunrise industries (India) Ltd, Vadodara

01/36/218 /342/AM- 20/EPCG i.343000228 9
dated
03.12.2012 ii.34300022 44 dated 21.09.2012
Request for grant of EODC without installation of capital goods in respect of EPCG authorization s.

case and decided to defer it for examination on file. 7. M/s.

4 dated 21.09.2012
Request for grant of EODC without installation of capital goods in respect of EPCG authorization s.

case and decided to defer it for examination on file. 7. M/s. Cast Craft Pvt Ltd., Bangalore

01/36/218 i.073001295 6
dated
06.12.2013 ii.07300147 21 dated
Difficulties faced by the Exporters falling under SSI/MSME for The party is seeking exemption from maintenance of Average Export Obligation in respect of the subject EPCG authorisations for all SSI/MSME/Engineering Industries. The reason given is that the method of

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/359/AM- 20/EPCG 25.08.2015 iii.0730016 127 dated 29.12.2016
Redemption of EPCG Authorization under Para 5.22 of HBP 2015-2020.

fixation of Average EO does not consider the actual EO of subsequent financial years after issue of EPCG authorization.

case and decided to reject it as there is no merit in the request.

M/s. Everest Kanto Cylinder Limited, Mumbai

01/36/218 /349/AM- 20/EPCG

0330016094
dated
17.05.2007 Condonation of delay in CGs Installation in respect of EPCG authorization. case and decided to defer it for examination on file.

M/s. Kala Jyothi Process Pvt Ltd., Hyderaba d

01/36/218 /91/AM-2 0/EPCG i.093000152 2
dated
02.06.2005 ii.09300005 40 dated 04.04.2003 Request for extension of export obligation period for 30 months against EPCG License
The party has sought second extension in the EO period for 30 months from the date of endorsement against the EPCG authorizations no.

obligation period for 30 months against EPCG License
The party has sought second extension in the EO period for 30 months from the date of endorsement against the EPCG authorizations no. 0930001522 dated 02.06.2005 and No. 0930000540 dated 04.04.2003 issued under the 5% and 3% duty EPCG Schemes respectively.

The Committee noted that till date the party has made only 55% and 64% exports respectively against the two licences.

case and decided to reject the request as it is devoid of merit.

10 . M/s. Mittal Corp Ltd, Bhopal

1130002287
dated
24.10.2011 Request for 2nd EO extension upto 23.10.2021 in The party has requested for second extension in EOP upto 23.10.2021in respect of Zero duty EPCG authorisation issued on 24.10.2011. The reasons mentioned for

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01/36/218 /379/AM- 20/EPCG

respect of EPCG Authorization .

non-fulfillment of EO in the EOP are recession in international market, financial crunches, higher cost of raw material etc.

11 . M/s. Sun Pharmace utical Industries Ltd., Delhi

18/148/A M-20/P-5 i.053016730 7 ii.05301670 52 iii.0530167 642 iv.05301676 15 v.05301676 16 vi.05301676 77 vii.0530167 723 viii.053016 7784 ix.05301679 19 x.05301681 51 xi.05301682 19 xii.0530168 401 xiii.053016 8400 xiv.0530168 462 xv.0530169 172 xvi.0530169 280 xvii.053016 9790 xviii.05301 Request for amendment in EPCG Authorisation s as per para 5.11 of FTP 2015-20 obtained under zero duty The party has informed that as per the

para 5.11 of FTP 2015-20, specific

EO of EPCG licences for the units located, inter-alia, in North-East region shall be 25% of the EO, as stipulated in para 5.01. It has been informed that since the unit of their supporting manufacturer is located in Assam, the EO should be reduced to 25% for the subject EPCG authorisations, as per para 5.11 of FTP 2015-20.

case and observed that the benefit of reduced EO under para 5.11 of FTP 2015-20 is available only to the units of EPCG authorization holder and not to the units of their supporting manufacturer.

The Committee accordingly decided to reject the request, as being devoid of merit.

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69793 xix.0530171 433 xx.0530171 597 xxi.0530172 686

12 . M/s. RSB India Limited, Kolkata

01/37/218 /197/AM- 19/EPCG -I 0230000515
dated
03.03.2004 Request for regularization of shifting of capital goods to new premises on the basis of verification report from Central Excise and installation of imported capital goods at the new factory premises.

case. Request of the party is for redemption of their case on the basis of shifting of capital goods to new premises but without their installation because of various reasons.

The Committee decided to reject it as there is no merit in the request. 13 . M/s. Brijbasi Art Press Limited, New Delhi

01/36/218 /164/AM- 17/EPCG -I i.053015937 2
dated 28.09.2012 ii.05301612 15 dated
16.07.2013 Acceptance of installation certificate issued by chartered engineer instead of central excise.

218 /164/AM- 17/EPCG -I i.053015937 2
dated 28.09.2012 ii.05301612 15 dated
16.07.2013 Acceptance of installation certificate issued by chartered engineer instead of central excise.

case and decided to defer it for examination on file.

14 . M/s. G.S. Exports Pvt Ltd, Mumbai

01/36/218 0330028264
dated 29.12.2010
Request for extension in EOP for regularization .
The party has requested for second extension in EOP in respect of zero duty EPCG authorization No. 0330028264 issued on 29.12.2010. The extended period of EOP was valid upto 28.12.2018.

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/356/AM- 20/EPCG

The party has requested for acceptance of exports made on 22.04.2019 and 23.04.2019. The party seeks extension in EOP upto 23.04.2019 for redemption purpose. The reason given by the party is that they were under the impression that licence is valid till 28.12.2020 as they had submitted bank guarantee for the period upto 28.12.2020 with the Customs.

15 . M/s. Haploos printing House, Delhi

01/36/218 /131/AM- 20/EPCG i.053015451 6
dated
12.01.2011 ii.05301538 32 dated 28.10.2010 i. Request for extension in EO period for one year after expiry of original EO period years extended period i.e. 6+2 years for regularization purpose for the purpose of fulfillment of balance export obligation against EPCG authorization no. 0530154516 dt. 12.01.2011.

ii.

ed period i.e. 6+2 years for regularization purpose for the purpose of fulfillment of balance export obligation against EPCG authorization no. 0530154516 dt. 12.01.2011.

ii. Request The party has requested for extension in EOP for one year after expiry of original EO period (6+2 years) for regularization purpose in respect of the EPCG authorization no. 0530154516 dt. 12.01.2011. The reason given is that the EO could not be fulfilled due to decline in paper and paper related industries and other reasons.

The party has also requested for permission to adjust the excess export made against other EPCG authorization fulfillment of export obligation against EPCG authorization no. 0530153832 dt. 28.10.2010 already redeemed.

case and noted that the party has exported less than 50% in the available time of 8 years. The Committee decided to:

(i) Reject the request of the party for extension in EOP for one year

.

case and noted that the party has exported less than 50% in the available time of 8 years. The Committee decided to:

(i) Reject the request of the party for extension in EOP for one year

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for permission to adjust the excess export made other EPCG authorization fulfillment of export obligation against EPCG authorization no. 0530153832 dt. 28.10.2010 already redeemed.

after expiry of original EO period (6+2 years) in respect of the EPCG authorization no. 0530154516 dt. 12.01.2011 as there is no merit in the request.

(ii) Reject the request of the party for permission to adjust the excess export made against other EPCG authorization for fulfillment of export obligation against EPCG authorization no. 0530153832 dt. 28.10.2010 already redeemed as there is no merit in the request.

16 . M/s. Apotheca ries sundries Manufact uring Company , Delhi

01/36/218 /305/AM- 20/EPCG 0530169603
dated 03.02.2011 Redemption of EPCG authorization. The request of the party is for acceptance of refund of actual central excise duty saved on locally procured goods for closure of EPCG authorization No. 0530169603 dated 03.02.2011 instead of notional custom duty. The reason given is that they have not availed the Zero duty EPCG benefits since the goods were procured through invalidation.

17 . M/s.

ted 03.02.2011 instead of notional custom duty. The reason given is that they have not availed the Zero duty EPCG benefits since the goods were procured through invalidation.

17 . M/s. Sreevaree Exports, Chennai

01/36/218 /378/AM- 20/EPCG i.043001243 2 dated
09.05.2013 ii.04300132 84 dated
23.01.2014 iii.0430012 Request for condonation of procedural lapse of non- mentioning of EPCG authorization No. on The party has requested for accepting free shipping bills for fulfilment of EO in respect of subject EPCG authorisations. The party has stated that their request for redemption has been rejected by the RA stating that free shipping bills cannot be accepted for EO fulfilment.

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789 dated
01.08.2013 shipping bills.

no merit in the request to accept free shipping bills.

18 . M/s. Skanem interlabel s, Mumbai

01/36/218 /335/AM- 20/EPCG 0330006769
dated
05.10.2004 Request for condonation of delay in payment of excess utilization fee in respect of EPCG authorization no.03300067 69 dated 05.10.2004. The party has requested to allow regularization of late payment of additional fee to cover excess imports.

utilization fee in respect of EPCG authorization no.03300067 69 dated 05.10.2004. The party has requested to allow regularization of late payment of additional fee to cover excess imports. The Committee noted that in this regard, para 5.16 (a) of HBP 2015-20, as amended, provides that if
authorization issued has been utilized for import of goods in
excess of duty saved amount indicated on the authorization by not more than 10%, the RA may accept additional fee to cover excess imports effected, in terms of duty saved amount, even beyond one month but within two years of the excess
import taking place, subject to payment of composition fee of Rs. 5000/- per authorization.

of FTP 2015-20 for condonation of procedural lapse of delay of more than a month in payment of fee for excess duty saved amount as envisaged in the

para 5.16(a) of HBP 2015-20, subject

to payment of composition fee of Rs. 5000/- and to the condition that the excess utilization is not more than 10% of duty saved mentioned in the subject EPCG authorisation.

19 . M/s. Cox & Kings Ltd, 0330045892
dated
07.12.2016 Request for condonation of delay in The party has requested to allow regularization of late payment of additional fee to cover excess imports.

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Mumbai

01/36/218 /259/AM- 20/EPCG payment of excess utilisation fee in respect of EPCG authorization No.03300458 92 dated 07.12.2016. The Committee noted that in this regard, para 5.16 (a) of HBP 2015-20, as amended, provides that if
authorization issued has been utilized for import of goods in
excess of duty saved amount indicated on the authorization by not more than 10%, the RA may accept additional fee to cover excess imports effected, in terms of duty saved amount, even beyond one month but within two years of the excess
import taking place, subject to payment of composition fee of Rs. 5000/- per authorization.

of FTP 2015-20 for condonation of procedural lapse of delay of more than a month in payment of fee for excess duty saved amount as envisaged in the

para 5.16(a) of HBP 2015-20, subject

to payment of composition fee of Rs. 5000/- and to the condition that the excess utilization is not more than 10% of duty saved mentioned in the subject EPCG authorisation.

20 . M/s. TVR Global Exports Pvt Ltd., Chennai

01/36/218 /365/AM- 20/EPCG i.043001108 2
dated
04.04.2012 ii.04301196 35 dated 05.12.2012 iii.0430011 080 dated 02.04.2012 iv.04300108 14 dated 06.02.2012 Request for condonation of non-mention of EPCG Authorization no. And date in the shipping bills for fulfillment of EO. The party has requested for accepting free shipping bills for fulfilment of EO in respect of subject EPCG authorisations.

no merit in the request to accept free shipping bills.

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v.04300118 29 dated 06.11.2012 vi.04300112 57 dated
24.05.2012 vii.0430011 239 dated 21.05.2012

21 . M/s. Standard Cartons Pvt Ltd, Delhi

01/36/218 /69/AM-2 0/EPCG 0530155092
dated 22.03.2011 Request for extension of EOP for 2 years. The party seeks extension for 2 years against the subject EPCG authorisation issued under the Zero duty EPCG Scheme. It is noted that till date the party has not made any exports against the subject EPCG authorisation.

22 . M/s. India Pistons Ltd, Chennai

01/36/218 /110/AM- 19/EPCG -I 0430003348
dated
18.01.2006 Request for condonation of delay in installation of capital goods.

authorisation.

22 . M/s. India Pistons Ltd, Chennai

01/36/218 /110/AM- 19/EPCG -I 0430003348
dated
18.01.2006 Request for condonation of delay in installation of capital goods. The Committee noted that installation of capital goods has been completed and the party has obtained installation certificate from Central Excise Authority.

However, due to procedural lapse installation of capital goods has been delayed beyond 18 months. The capital goods have been imported vide bill of entry dated 27.01.2006 and installed on 7.10.2008.

of FTP 2015-20 to allow condonation of delay in installation of capital goods, subject to payment of Rs. 5000/- as composition fee and further subject to the condition that any investigation/adjudication proceeding

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by DRI/Customs/ECA action is not contemplated/pending in respect of the subject EPCG authorisation.

23 . M/s. Graviss Hotels & Resorts Ltd., Mumbai

01/36/218 /388/AM- 20/EPCG 0330027792
dated
15.11.2010 Request for condonation of delay in payment of excess utilization fee in respect of EPCG Authorization No.03300277 92 dated 15.11.2010. The party has requested to allow regularization of late payment of additional fee to cover excess imports.

utilization fee in respect of EPCG Authorization No.03300277 92 dated 15.11.2010. The party has requested to allow regularization of late payment of additional fee to cover excess imports. The Committee noted that in this regard, para 5.16 (a) of HBP 2015-20, as amended, provides that if
authorization issued has been utilized for import of goods in
excess of duty saved amount indicated on the authorization by not more than 10%, the RA may accept additional fee to cover excess imports effected, in terms of duty saved amount, even beyond one month but within two years of the excess
import taking place, subject to payment of composition fee of Rs. 5000/- per authorization.

of FTP 2015-20 for condonation of procedural lapse of delay of more than a month in payment of fee for excess duty saved amount as envisaged in the

para 5.16(a) of HBP 2015-20, subject

to payment of composition fee of Rs. 5000/- and to the condition that the excess utilization is not more than 10% of duty saved mentioned in the subject EPCG authorisation.

24 . M/s. Bajaj Carpet Industries Ltd., 0530130600
dated 01.10.1999 Review of the decision taken in EPCG In the meeting held on 28.11.2018, EPCG Committee had noted that M/s Bajaj Carpet Industries Ltd. has requested for regularization of exports

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Greater Noida

01/36/218 /12/AM-1 8/EPCG-I Committee held on 28.11.2018 for considering alternate product for counting of exports w.e.f 01.04.2003 when para 5.4 (i) of FTP 2004-09 was introduced.
made by alternate product, i.e. Non woven felt carpet mattings tufted for fulfilment of EO in respect of EPCG Authorization no. 0530130600 dated 01.10.1999. The Committee also noted that the subject EPCG authorisation has been issued when there was no provision for counting of exports of alternative products.

no merit for considering alternate products when at the time of issuance of subject EPCG authorisation such provision was not there.

request for review of the party and noted that no new facts have been produced by the party since the last decision to reject their case.

The Committee, therefore, decided to maintain the decision of rejection taken in its meeting held on 28.11.2018.

25 . M/s.

by the party since the last decision to reject their case.

The Committee, therefore, decided to maintain the decision of rejection taken in its meeting held on 28.11.2018.

25 . M/s. Tata Steel Ltd, New Delhi

01/36/218 /394/AM- 20/EPCG 332 EPCG Licenses Policy amendment allowing extension of EOP of an authorization till the end of the concerned month in which it expires.

request of the party and noted that the request is not for policy relaxation but for amendment of policy. Therefore, it was decided to withdraw the request for examination on file.

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26 . M/s. Sterling Technote x private Limited., Madurai

01/37/218 /175/AM- 20/EPCG -II i. 3530001952 dated 21.08.2006 ii. 3530001953 dated 21.08.2006 iii. 3530001968 dated 29.08.2006 iv. 3530001969 dated 29.08.2006 v. 3530001972 dated 29.08.2006 Review of decision taken in EPCG Committee meeting held on 24.01.2020 regarding regularization of Bonafide Default in terms of para 5.23 of the HBP -with the condition to deposit duty on installment basis spread over 18 months in respect of 5 EPCG Authorization s.

The Committee observed that in the meeting held on 24.1.2020, the EPCG Committee had noted that the party has stated that they have fulfilled the export obligation partially by way of export of Cotton Yarn. However, in the case of export product viz.

2020, the EPCG Committee had noted that the party has stated that they have fulfilled the export obligation partially by way of export of Cotton Yarn. However, in the case of export product viz. "Knitted Socks", they have manufactured and supplied yarn to M/s Meneka Mills Limited, who in turn manufactured "knitted socks" (value added products) and made third party exports of knitted socks to fulfill the export obligation against the respective EPCG Authorizations.

case and decided that if the authorization holder has supplied only the cotton yarn to third party exporter, then export of cotton knitted socks by third party cannot be accepted. The Committee, therefore, rejected the request.

request for review of the party and decided to defer it with the direction to call report from RA, with details like export product endorsed on the authorisations; the product exported; percentage of exports, if any, imports, installation certificate status etc.

27 . M/s. Rashtriya Metal Industries Ltd., Mumbai

01/36/218 /381/AM- 20/EPCG i.033003065 4 dated 23.09.2011
ii.03300301 64 dated 29.07.2011 Request for condonation of delay in installation of capital goods beyond 18 months.

request of the party and decided to defer it with the direction to call report from RA.

29.07.2011 Request for condonation of delay in installation of capital goods beyond 18 months.

request of the party and decided to defer it with the direction to call report from RA.

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28 . M/s. Ramind Cold Forge Pvt Ltd, Chennai

01/36/218 /380/AM- 20/EPCG 0430009409 dated 14.01.2011 Request for regularization of shifting of capital goods in respect of EPCG Authorization .

defer it with the direction to call report from RA.

29 . M/s. BhavaniC otex, Ahmedab ad

01/36/218 /385/AM- 20/EPCG 0830003190 dated 05.11.2009 Request for regularization of deemed export supply in respect of EPCG Authorization No. 0830003190 dated 05.11.2009.

The party has claimed that as per provisions of FTP 2009-14 they have fulfilled export obligation under deemed export category. It has been stated that they have supplied to the material to the status holder for export purpose against Form H as per Central Sales Tax Rules and Regulations. The payment has already been received through status holder and status holder has exported the material in bulk. In view of this, the status holder has been unable to provide copies of Shipping Bills and its realization.

30 . M/s. Harley Davidson Motor Company India Pvt Ltd, New Delhi

01/36/218 /289/AM- 20/EPCG

0530168769
dated
14.10.2016 Request for condonation of delay in payment of excess utilisation fee beyond 2 years. The party has requested to allow regularization of late payment of additional fee to cover excess imports.

t for condonation of delay in payment of excess utilisation fee beyond 2 years. The party has requested to allow regularization of late payment of additional fee to cover excess imports. The Committee noted that in this regard, para 5.16 (a) of HBP 2015-20, as amended, provides that if
authorization issued has been utilized for import of goods in
excess of duty saved amount indicated on the authorization by not more than 10%, the RA may accept additional fee to cover excess imports effected, in terms of duty saved amount, even beyond one month but

18

within two years of the excess
import taking place, subject to payment of composition fee of Rs. 5000/- per authorization.

of FTP 2015-20 for condonation of procedural lapse of delay of more than a month in payment of fee for excess duty saved amount as envisaged in the

para 5.16(a) of HBP 2015-20, subject

to payment of composition fee of Rs. 5000/- and to the condition that the excess utilization is not more than 10% of duty saved mentioned in the subject EPCG authorisation.

31 . M/s. Borgwarn er Cooling Systems India Pvt Ltd, Sriperum budur, TN

01/36/218 /392/AM- 20/EPCG 0430004489 dated 26.12.2006 Request for condonation of wrong mentioning of EPCG authorisation Numbers in the shipping bills.

defer it with the direction to call report from RA.

32 . M/s. KosolHir amrut Energies Pvt. Ltd., Ahmedab ad

01/36/218 0830005047 dated 07.09.2012 Request for block wise extension in EOP and extension in EOP for 2+2 years in respect of Zero duty case and decided to remand the case to RA for examination of the request as per the applicable policy provisions for grant of extension in EOP.

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/63/AM-2 0/EPCG EPCG authorization.

33 . M/s. SIT Hydraulic Engineers , Hyderaba d

01/36/218 /24/AM-2 1/EPCG 3430001421 dated 19.02.2009
Request for acceptance of installation certificate from Chartered Engineer instead of Central Excise.

The Committee noted that the party has stated that they obtained installation certificate from Chartered Engineer on 06.06.2009. Later, when they approached the RA for discharge of their EO, they were asked to submit installation certificate from the Jurisdictional Central Excise Authority.

d Engineer on 06.06.2009. Later, when they approached the RA for discharge of their EO, they were asked to submit installation certificate from the Jurisdictional Central Excise Authority. However, when they approached the CGST Vadodara that Office did not entertain the request on the ground that the Central Excise Department does not exist anymore and being an old case, they are unable to track the records.

case and noted that the current FTP allows that the Authorization holder can produce the installation certificate from the jurisdictional Customs authority or an independent Chartered Engineer, at the option of the authorisation holder and further that where the authorisation holder opts for independent Chartered Engineer’s certificate, he shall send a copy of the certificate to the jurisdictional Customs Authority for intimation/ record.

The Committee decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow acceptance of installation certificate from Chartered Engineer, subject to verification by RA and intimation to the Jurisdictional Customs Authority and subject to payment of composition fee of Rs. 5000/- against the Authorisation.

om Chartered Engineer, subject to verification by RA and intimation to the Jurisdictional Customs Authority and subject to payment of composition fee of Rs. 5000/- against the Authorisation.

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Further, RA to verify that no ECA/DRI/Customs is pending.

34 . M/s. JHS Svendgaard Laboratorie s Limited., Sirmaur

01/36/218 /25/AM-2 1/EPCG i.223000061 7 dated
20.03.2007 ii.22300006 22
dated
27.03.2007 iii. 2230000 748 dated
05.10.2007 iv. 2230000 751 dated
09.10.2007 v. 22300 00761 dated
24.10.2007 vi. 223000 0771 dated
06.11.2007 vii. 223000 0807 dated
18.12.2007 viii. 223000 1230 dated
11.11.2009 ix.22300012 66
dated
13.01.2010

Request for condonation for not mentioning of EPCG Nos. on the Shipping Bills. The party has requested for accepting free shipping bills for fulfilment of approx. 19-22% EO in respect of the subject EPCG authorisations. Party says this mistake took place at the CHA’s end and due to thin staff at the subject EPCG authorization holder.

The party has requested that Shipping Bills be considered for fulfillment of Export Obligation on the basis of ARE-1.

case and decided to reject it as there is no merit in the request to accept free shipping bills. 35 . M/s. Copprrod Industries Pvt. Ltd., Bangalore

01/60/162 /836/AM- 20/PRC 0730015263 dated
15.03.2016 Request for condonation of procedural requirement of attestation of ARE-3 due to discontinuation of re-warehousing defer it for examination on file.

M- 20/PRC 0730015263 dated
15.03.2016 Request for condonation of procedural requirement of attestation of ARE-3 due to discontinuation of re-warehousing defer it for examination on file.

21

provision as per Customs circular No. 35/216-CUS-dt 29.07.2016- Supplies to EOU in respect of EPCG License No. 0730015263 dated 15.03.2016.

36 . M/s. Stork Rubber Products Pvt Ltd., Delhi

01/60/162 /769/AM- 20/PRC 0530153958 dated 12.11.2010 Power to condone delay in payment of fee for excess utilization of duty saved amount has been granted to the RA in respect of EPCG no.05301539 58 dated 12.11.2010. The party has requested to allow regularization of late payment of additional fee to cover excess imports. The Committee noted that in this regard, para 5.16 (a) of HBP 2015-20, as amended, provides that if
authorization issued has been utilized for import of goods in
excess of duty saved amount indicated on the authorization by not more than 10%, the RA may accept additional fee to cover excess imports effected, in terms of duty saved amount, even beyond one month but within two years of the excess
import taking place, subject to payment of composition fee of Rs. 5000/- per authorization.

of FTP 2015-20 for condonation of procedural lapse of delay of more than a month in payment of fee for excess duty saved amount as envisaged in the

para 5.16(a) of HBP 2015-20, subject

to payment of composition fee of Rs. 5000/- and to the condition that the excess utilization is not more than 10% of duty saved mentioned in the

22

subject EPCG authorisation.

37 . M/s. Wadpack Pvt Ltd., Bangalore

01/60/162 /837/AM 20/PRC i.073001386 3
dated 15.10.2014 ii.07300126 12 dated
07.08.2013 Request for accounting the supplies to SEZ units for which considering is realized in Indian Rupees, towards fulfillment of EO imposed against the EPCG Authorizations.

defer it for examination on file. 38 . M/s. Mohan Breweries and Disilleries Ltd., Chennai

01/60/162 /723/AM 20/PRC i.043000117 8
dated 08.07.2003 ii.043000143 2 dated 17.12.2003 iii.04300014 90 dated 20.01.2004 iv.04300016 62 dated 25.04.2004 v.043000262 9 dated 05.05.2005 vi.04300029 06 dated 08.08.2005 vii.04300044 79 dated 22.12.2006 viii.0430005 219 dated 02.08.2007
Request for allowing export of Group company towards fulfillment of export Obligation against EPCG Licenses. defer it with the direction to call report from RA.

19 dated 02.08.2007
Request for allowing export of Group company towards fulfillment of export Obligation against EPCG Licenses. defer it with the direction to call report from RA.

23

ix.04300052 20 dated 02.08.2007

39 . M/s. Parag Milk Foods Ltd., Pune

01/60/162 /854/AM 20/PRC 3130003678 dated
16.12.2008 Request for condonation of AEP. The party is seeking exemption from maintenance of Average Export Obligation in respect of the subject EPCG authorisation. The reason given is that the cost of milk is very high in India and they are unable to get export order because of recession in international market.

40 . M/s. Mahalaxmi Polypack Pvt Ltd., Delhi

01/60/162 /827/AM 20/PRC i.053015110 3
dated 01.02.2010 ii.05301510 4
dated
01.02.2010
Consideration of export to Nepal realized in Indian Rupees (INR) towards fulfilment of EO against the two EPCG Authorizations.

The party is seeking consideration of export to Nepal realized in INR towards fulfilment of EO against the subject EPCG authorisations. The reason given is that the export product going to Nepal is manufactured from indigenous machines for which they had not paid any Custom Duty.

41 . M/s. Mitter Fasteners, Ludhiana

18/205/A M-16/P-5

i.3030001210 dated
15.09.2005 ii.30300008 67 dated
27.01.2005

Request for second extension of EOP. defer it with the direction to call report from RA.

42 .

M/s. A.

/A M-16/P-5

i.3030001210 dated
15.09.2005 ii.30300008 67 dated
27.01.2005

Request for second extension of EOP. defer it with the direction to call report from RA.

42 .

M/s. A. S Jute product Pvt Ltd., i.263000101 1 dated 25.08.2011 ii.26300010 Request for grant of extension of EO period defer it with the direction to call report from RA.

24

Visakhap atnam

01/60/162 /830/AM- 20/PRC

67 dated
09.12.2011 against EPCG Authorizations.

43 . M/s. Reliance Industries Ltd., Mumbai

18/163/A M-20/P-5 i.033003806 4 dated
18.02.2014 ii.033003841 6 dated
23.03.2014 iii.03300400 83 dated 27.10.2014 iv.03300401 23 dated
05.11.2014 v.033004078 3 dated 21.01.2015 vi.03300407 84 dated 21.01.2015 vii.03300414 93 dated
21.04.2015 viii.0330042 719 dated
06.10.2016 Clarification sought by RA, Mumbai regarding Clubbing of EPCG Licenses. defer it for examination on file.

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, B.O.E.=Bill of Entry, 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.