DGFT Minutes

F.No. 01/36/218/78/AM-21/EPCG

MINUTES OF 5TH MEETING OF AM-21 OF THE EPCG COMMITTEE HELD UNDER THE CHAIRMANSHIP OF SHRI S.B.S. REDDY, ADDITIONAL DIRECTOR GENERAL OF FOREIGN TRADE AT 2.30 PM ON 14.10.2020

I. The meeting was initially scheduled to be held on 1.10.2020. It was postponed to 5.10.2020. It was again rescheduled to 14.10.2020.

II. The meeting was held on 14.10.2020 through Video Conferencing Mode on Cisco webex cyber meeting app due to Covid-19 restrictions (Meeting Number: 1701916076)

III. The 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 Indrajeet Yadav, Deputy Industrial Adviser, Ministry of Steel

iv. Shri Randhep Thakur, Deputy Director General of Foreign Trade, DGFT

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

Sl. No. Firm’s Name and File Number EPCG Authori sation No(s).
Subject Decision of the Committee

M/s. Shree Hari Spintex Ltd., Ludhiana

01/36/218/ 123/AM- 20/EPCG i. 30300 06797
dated 25.07.20 10
ii. 3030006 784
dated 01.06.20 10 Request for regularisati on of excess duty credit utilized within 10% on EPCG authorisati on Nos. 303000679 7 dated 25.07.2020 & 303000567 84 dated 01.06.2020 . The party has requested to allow regularization of late payment of additional fee to cover excess imports.

uthorisati on Nos. 303000679 7 dated 25.07.2020 & 303000567 84 dated 01.06.2020 . 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. The Committee deliberated upon the case and decided to recommend to DG for relaxation

under Para 2.58 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 condition that the excess utilization is not more than 10% of duty saved mentioned in the subject EPCG authorisations. The party is also required to pay an additional composition fee of Rs. 5,000/- per authorisation for each year of delay beyond the expiry of the period of two years of the excess import taking place. This has the approval of DG. 2. M/s Mod Collection Boutique, Ludhiana

01/36/218/ 72/AM- 21/EPCG 3030015 031 dated 30.12.20 15 Request for regularisati on of excess duty credit utilized within 10% on EPCG authorisati on No. 303001503 1 dt. 30.12.2015 . 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.

decided to recommend to DG for relaxation under Para 2.58 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. The party is also required to pay an additional composition fee of Rs. 5,000/- for each year of delay beyond the expiry of the period of two years of the excess import taking place. 3. M/s. Victor 3130003 933 i. Request for decided to defer the case for calling for a report

Reinz India Pvt. Ltd., Pune

01/37/218/ 150/AM- 19/EPCG- II dated 31.03.20 09 considerati on of Deemed Export where EPCG Authorizati on has not been mentioned on supply invoice to M/s. Nissan Motor India Pvt. Ltd.

ii. Consid eration of similar export products and ITC (HS) code in respect of EPCG License No. 313000393 3 dt. 31.03.2009 .

from the RA. 4. M/s. Premier Tissues India Ltd., Bangalore

01/36/218/ 141/AM- 20/EPCG 0730008 776 dated 05.04.20 10 Request for review of the decision taken in EPCG Committee meeting held on 24.01.2020 in respect The case was listed before Committee on 24.01.2020 wherein the following decision was taken :-

“The Committed noted that the party has requested for waiver of CVD and SAD for regularization of EO default in respect of EPCG authorisation no. 0730008776 dated 05.04.2010 by payment of only BCD saved and Ed Cess and applicable interest.

sted for waiver of CVD and SAD for regularization of EO default in respect of EPCG authorisation no. 0730008776 dated 05.04.2010 by payment of only BCD saved and Ed Cess and applicable interest.

of EPCG Authorizati on No. 073000877 6 dated 05.04.2010 . The Committed deliberated upon the case and decided that the case can be regularized only by depositing the whatever duties and taxes that were exempted while importing the capital goods in proportion to exports not made along with applicable interest. The request was, therefore, rejected.”

The Committee deliberated upon the review application and noted that the firm is
reiterating its request for waiver of CVD and SVD for regularization of EO default in respect of EPCG Authorisation No. 0730008776 dated 05.04.2010 by payment of only BCD saved and ED Cess and applicable interest.

The Committee deliberated upon the review application and noted that there is no merit in accepting the request. Therefore, it was decided to maintain the decision of rejection in its meeting held on 24.01.2020.

M/s. Shelly Oswal Knitwears, Ludhiana

01/36/218/ 71/AM- 21/EPCG 3030011 517 dated 27.08.20 13 Request for regularizati on of excess duty credit utilized within 10% on EPCG Authorisati on No. 303001151 7 dt27.08.20 13. The party has requested to allow regularization of late payment of additional fee to cover excess imports.

credit utilized within 10% on EPCG Authorisati on No. 303001151 7 dt27.08.20 13. 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.

decided to recommend to DG for relaxation under Para 2.58 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. The party is also

required to pay an additional composition fee of Rs. 5,000/- for each year of delay beyond the expiry of the period of two years of the excess import taking place. 6. M/s. Maccaferri Environme ntal Solutions Ltd., Mumbai

01/36/218/ 278/AM- 20/EPCG 0330045 333 dated
22.09.20 16 Request to condone delay in paying fees for Excess utilization of DSV. 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.

decided to recommend to DG for relaxation under Para 2.58 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. The party is also required to pay an additional composition fee of Rs. 5,000/- for each year of delay beyond the expiry of the period of two years of the excess import taking place. 7. M/s. KCL Ltd. (formerly Khemka Containers Ltd.), New Delhi

01/36/218/ 61/AM- 21/EPCG

0530142 606 dated 12.12.20 06 Request for issue EODC/Red emption letter in respect of EPCG Authorizati on No. 053014260 6 dated 12.12.2006 decided to defer the case for calling for a report from the RA.

. 8. M/s. Cipla Limited, Mumbai

01/36/218/ 64/AM- 21/EPCG i. 03300 32100 dated 14.03.20 12 + other 24 licenses ii. 03300 34798 dated 11.01.20 13 + other 37 licenses 0330042 266 dated 28.07.20 15 + other 3 licenses Request for regularisati on of excess duty credit utilized within 10% on EPCG Licence Nos. The party has requested to allow regularization of late payment of additional fee to cover excess imports.

regularisati on of excess duty credit utilized within 10% on EPCG Licence Nos. 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.

decided to recommend to DG for relaxation under Para 2.58 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 condition that the excess utilization is not more than 10% of duty saved mentioned in the subject EPCG authorisations. The party is also required to pay an additional composition fee of Rs. 5,000/- for each year of delay beyond the expiry of the period of two years of the excess import taking place. 9. M/s. Asianet Star Communica tion Pvt. Ltd., Trivandrum

01/36/218/ 359/AM- 18/EPCG- I 5330001 670 dated 03.11.20 15 Request for grant of permission for shifting of the EPCG related assets in respect of EPCG Authorizati on No. 533000167 0 dt. decided to defer the case for calling for a report from the RA.

03.11.2015 .

M/s. G.S. Woollen Mills, Ludhiana

01/36/218/ 75/AM- 21/EPCG i. 30300 15637
dated 01.06.20 16 ii. 30300 13197
dated 29.10.20 14 Request for regularisati on of excess duty credit utilized within 10% on EPCG authorizati on Nos. 303001563 7 dated 01.06.2016 and 303001319 7 dated 29.10.2014

The party has requested to allow regularization of late payment of additional fee to cover excess imports.

thorizati on Nos. 303001563 7 dated 01.06.2016 and 303001319 7 dated 29.10.2014

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.

decided to recommend to DG for relaxation under Para 2.58 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 condition that the excess utilization is not more than 10% of duty saved mentioned in the subject EPCG authorisations. The party is also required to pay an additional composition fee of Rs. 5,000/- for each year of delay beyond the expiry of the period of two years of the excess import taking place. 11. M/s. Richa Industries Limited, Faridabad

01/37/218/ 406/AM- 17/EPCG- II 0530142 503 dated
27.11.20 06 Request for condonatio n of wrong mentioning of shipping bills in respect of EPCG authorizati on No. 053014250 3 The party has requested for condonation of wrong mentioning of shipping bills in respect of EPCG authorization No. 0530142503 dated 27.11.2006 issued to them under 5 % EPCG duty scheme. The party has stated that 14 Shipping Bills have endorsement of other EPCG License.

CLA, Delhi in its report has, inter-alia, submitted that exports made towards fulfillment of EO under shipping bills no. 5678382, 5871566, 5871395, 5871563,

dorsement of other EPCG License.

CLA, Delhi in its report has, inter-alia, submitted that exports made towards fulfillment of EO under shipping bills no. 5678382, 5871566, 5871395, 5871563,

dated 27.1 1.2006. 5887265, 5897563,5897564, 5927102, 59394 02,5994694, 5994695, 6010758, 6074973, 6074970 do not pertain to the EPCG authorization No. 0530142503 dated 27.11.2006 and cannot be counted toward fulfillment of EO.

decided to reject the request as there is no merit in the case. The party may avail provision in the FTP for clubbing of two or more EPCG authorisations
issued to the same authorisation holder for the purpose of fulfilment of EO, if they so desire.

M/s. Golden Texo Fabs Pvt. Ltd, New Delhi

33/21/021/ 00089/AM 12 i. 33300 00874 dated 6.11.2 007
ii. 33300 00918 dated 23.01. 2008 iii. 33300 00919 dated 23.01. 2008 iv. 33300 00927 dated 13.02. 2008 v. 33300 01020 dated 11.06. 2008 vi. 33300 01657 dated 23.04. 2010 33300 01702 dated 11.06. 2010 vii. 33300 01734 dated 09.07. 2010 viii. 33300 Request for condonatio n of wrong mentioning of shipping bills in respect of 12 EPCG authorizati ons

The party has requested for condonation of wrong mentioning of shipping bills in respect of 12 EPCG authorizations issued to them under 3 % EPCG duty scheme. The party has stated that 56 Shipping Bills have endorsement of other EPCG License.

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

s issued to them under 3 % EPCG duty scheme. The party has stated that 56 Shipping Bills have endorsement of other EPCG License.

decided to reject the request as there is no merit in the case. The party may avail provision in the FTP for clubbing of two or more EPCG authorisations
issued to the same authorisation holder for the purpose of fulfilment of EO, if they so desire.

01813 dated 15.09. 2010 ix. 33300 01861 dated 03.11. 2010 x. 33300 02077 dated 10.08. 2011 xi. 33300 02086 dated 24.08. 2011

M/s. D.H. Fashions, Amritsar

01/60/245/ AM- 20/PRC 1230000 761 dated 21.04.20 11 Request for relaxation from mentioning name of EPCG holder in third party shipping bills (on which EPCG number and date are mentioned) for redemption of EPCG authorizati on No. 123000076 1 dated 21.04.2011

decided to defer it for calling for a report from the RA in the matter. 14. M/s. Mahindra & Mahindra Ltd., Mumbai i.033002 2653 dated 20.03.20 09 ii. Request for regularizati on of export obligation completed decided to defer it for calling for a report from the RA in the matter for further examination of the request on file.

.20 09 ii. Request for regularizati on of export obligation completed decided to defer it for calling for a report from the RA in the matter for further examination of the request on file.

01/36/218/ 59/AM- 21/EPCG 0330022 885 dated 05.05.20 09 iii. 0330022 886 dated 05.05.20 09
iv. 3130004 055 dated 04.06.20 09 v. 0330023 3312 dated 08.07.20 09 vi. 0330023 395 dated 16.07.20 09

after expiry of export obligation period in respect of 06 EPCG Authorizati ons

M/s. AKR Industries Pvt. Ltd., Tirupur

01/36/218/ 70/AM- 21/EPCG 3230019 932 dated 22.01.20 14 Request for acceptance of slump sale and transfer of EPCG Authorisati on from M/s. Rohini Textile Industries Pvt. Ltd., Tirupur to M/s. AKR Industries Pvt. Ltd. Tirupur in respect of decided to defer it for examination on file.

EPCG Authorizati on no. 323001993 2 dated 22.01.2014 .

M/s. Evident Laser Auto Pvt. Ltd., Bangalore

01/36/218/ 77/AM- 21/EPCG

0730015 027 dated 18.12.20 15 Request for first block EO extension in respect of EPCG Authorizati on no. 073001502 7 dated 18.12.2015 .

The party is requesting for first block EO extension in respect of EPCG Authorization no. 0730015027 dated 18.12.2015.

decided to remand the case to RA concerned for examining the request in terms of provisions of the DGFT Public Notice No. 35/2015-20 dated 25.10.2017 read with Public Notice No. 01/2015-20 dated 07.04.2020. RA may examine the request on merit.
17. M/s.

uest in terms of provisions of the DGFT Public Notice No. 35/2015-20 dated 25.10.2017 read with Public Notice No. 01/2015-20 dated 07.04.2020. RA may examine the request on merit.
17. M/s. NEPA Ltd., Nepanagar (M.P.)

01/37/218/ 71/AM- 18/EPCG- II 0330043 570 dated 27.01.20 16 Request for 3 years EO extension in 1st block for BIFR company and further extension in submission of installation certificate in respect of EPCG Authorizati on no. 033004357 0 dated 27.01.2016 . The party has stated that it is a Govt. PSU under the administrative control of Department of Heavy Industries. It is engaged in manufacturing of paper. The firm is incurring losses and referred to BIFR on 4.3.2014.

It is further stated that they have obtained EPCG license with Duty Saved amount of Rs. 12.62 Crores and EO of Rs. 75.74 crores. Their procurement started in Feb 2016 for the project while the dismantling was on. However, due to change in the scope of work on account of defects/deteriorated condition in existing plant which came into light only after dismantling, the project cost which was approved at Rs. 285 crores got escalated to Rs. 434 Crores (net of EPCG benefits). Due to this the firm could not continue payments to vendors, and vendors left the project. Being a BIFR company, the firm was totally dependent upon the funds to be allotted and given by Government of India.

e firm could not continue payments to vendors, and vendors left the project. Being a BIFR company, the firm was totally dependent upon the funds to be allotted and given by Government of India.

The party has further informed that the matter was placed before the Cabinet for approval of increased project cost and they got the approval on 12.10.2018. In the process, they lost further six months in re-mobilization of vendors. Further, when the procurement and installation work started picking up pace, Covid-19 pandemic struck the country and installation process again got disrupted as all the parts of the plant for Redevelopment/Refurbishment could not be procured on time, it led to an overall delay in installation of the plant, as the activities in the package are inter-dependent and cannot be completed without the completion of another one. While major parts procurement has been done, the installation is not yet complete, as a result their production and exports are delayed.

The firm has informed that earlier EPCG Committee in its meeting held on 29.8.2018 had approved their request for delay in submission of Installation Certificate up to December 2019. This extended period has also expired. Their EOP for the first block under this EPCG is also over on 26.01.2020. However, their installation has not yet been completed due to constraints stated above.

extended period has also expired. Their EOP for the first block under this EPCG is also over on 26.01.2020. However, their installation has not yet been completed due to constraints stated above. The firm has stated that it may take another 3-5 years before they are able to export and fulfill the export obligation as required under EPCG license

The Committee noted that the provision for units under BIFR /Rehabilitation under para 5.05 of Foreign Trade Policy was deleted on 05.12.2017 (Mid-term review of the FTP).

decided to remand the case to RA concerned for taking action on the request of the party seeking extension in the EOP of the first block, as per the applicable policy provisions.

Ms. Kusum Creation, Surat

01/316/21 0523000 1418 dated 06.12.20 06 Request for extension of EOP for further 2 years’ time period in The applicant has stated that they have already taken 4 years extension in EOP from RA, Surat (from 06.12.2014 to 05.12.2018) against the EPCG Authorisation no. 05230001418 dated 06.12.2006 issued under the 3% EPCG duty Scheme. They could not complete export within

in EOP from RA, Surat (from 06.12.2014 to 05.12.2018) against the EPCG Authorisation no. 05230001418 dated 06.12.2006 issued under the 3% EPCG duty Scheme. They could not complete export within

8/55/AM- 21/EPCG respect of
EPCG Authorizati on no. 052300014 18 dated 06.12.2006 .

this period because of Custom Registration procedure and late extension received by them from RA, Surat.

noted that the extended EOP has already expired on 05.12.2018. It was decided to reject the request as there is no merit in the case.

M/s. Suzuki Motorcycl e India Pvt. Ltd., New Delhi

01/36/218/ 48/AM- 21/EPCG 0530161 960 dated 10.12.20 13 Request for acceptance of Installation Certificate given by Chartered Engineer instead of Central Excise Authority in respect of EPCG Authorizati on no. 053016196 0 dated 10.12.2013 . The party has stated that they obtained installation certificate from Central Excise Authority for the Capital Goods. However, they could not obtain the installation certificate from the Central Excise Authority for the spare parts.
Further, the original installation certificates relating to Capital Goods were lost and a FIR has been lodged. When they approached the RA for redemption of the EPCG authorisation, they have been asked to submit installation certificate from the Central Excise since the firm is registered with the Central Excise.

roached the RA for redemption of the EPCG authorisation, they have been asked to submit installation certificate from the Central Excise since the firm is registered with the Central Excise.

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. Further, RA to verify that no ECA/DRI/Customs action is pending.
20. M/s. Disha Auto Componen ts Pvt. Ltd., 0330036 481 dated 31.07.20 13 Request for regularizati on of excess duty credit 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

gularizati on of excess duty credit 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

Mumbai

01/36/218/ 341/AM- 20/EPCG

utilized within 10% on EPCG Authorisati on No. 033003648 1 dated 31.07.2013 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.

decided to recommend to DG for relaxation under Para 2.58 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. The party is also required to pay an additional composition fee of Rs. 5,000/- for each year of delay beyond the expiry of the period of two years of the excess import taking place. 21. M/s.

. The party is also required to pay an additional composition fee of Rs. 5,000/- for each year of delay beyond the expiry of the period of two years of the excess import taking place. 21. M/s. Saraf Infraprojec ts Ltd., Kolkata

01/36/218/ 67/AM- 21/EPCG 0230006 077 dated 07.12.20 10 plus 49 other EPCG licenses Request for grant of exemption from fulfilling the EO against the EPCG authorisati on No. 023000607 7 dated 07.12.2010 plus 49 other EPCG licenses The party vide letter dated 9.8.2020 has filed an application before the EPCG Committee for grant of relief and exemption under the para 2.58 of the FTP from fulfilling the EO imposed and issue of direction to RA, Kolkata to issue them Export Obligation Discharge Certificate (EODC) against the fifty EPCG authorisations issued to them by the RA, Kolkota.

The Committee noted that the Hon’ble High Court of Calcutta vide order dated 10.9.2020 in the W.P.A. 6522 of 2020 IA No. CAN 1/2020 (Old No. CAN 5253/2020) in the case of M/s. Saraf Infraprojects Limited & Anr. v/s. The Principal Commissioner of Customs (Port) & Ors. has, inter-alia, directed as under :-

“..Since the application is pending. I am not going into the merits of the case. The EPCG committee is requested to consider the application filed by the petitioner on 9th August, 2020 within

..Since the application is pending. I am not going into the merits of the case. The EPCG committee is requested to consider the application filed by the petitioner on 9th August, 2020 within

four weeks from today. The committee is also requested to pass a reasoned order after giving opportunity of hearing, not only to the petitioner but also to the customs authority, if required. ..”

In compliance of the order dated 10.9.2020, the firm was requested vide letter/e-mail dated 18.9.2020 to send the details of the representative who could attend hearing through teleconferencing. Notice of hearing was later sent on 25.9.2020 for the meeting of EPCG Committee to be held on 1.10.2020. In response, the party informed vide an e-mail dated 29.09.2020 that Shri Rajendra Singhvi, Advocate will be representing them during the scheduled hearing on 01.10.2020.

Later, the counsel for the party informed vide an e-mail dated 30.9.2020 that the record is quite bulky and as a result it is requested to adjourn the matter for minimum two weeks. It was requested to kindly fix any date once the regular hearing starts.

The meeting of the EPCG Committee was postponed to 5.10.2020 and later further postponed to 14.10.2020.

Notice of regular hearing for attending the meeting on 14.10.2020 was sent to the counsel of the party vide an e-mail dated 9.10.2020.

d to 5.10.2020 and later further postponed to 14.10.2020.

Notice of regular hearing for attending the meeting on 14.10.2020 was sent to the counsel of the party vide an e-mail dated 9.10.2020. The counsel of the party informed vide an e-mail dated 13.10.2020 as under :-

“A fire took place at the premises of Mr Niket Saraf, the instructing person , on 8.10 at kolkata and the same was widely reported in local news paper. Mr Niket is under tremendous trauma and as a result could not come to Delhi to instruct me and also to attend the personal hearing.
Because of such unforeseen circumstances beyond our control, I request you to adjourn the matter for a week.”

decided to accept the request of the counsel of the party seeking an adjournment. It was also

decided that no further adjournment will be granted and one last opportunity be given to the party to present its case failing which the request of the party will be decided ex-parte. The case stands deferred.

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.