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MINUTES OF 11th MEETING OF AM-22 OF THE EPCG COMMITTEE HELD UNDER THE CHAIRMANSHIP OF SHRI S.B.S. REDDY, ADDITIONAL DIRECTOR GENERAL OF FOREIGN TRADE AT 3.00 PM ON 22.12.2021

The eleventh meeting for AM-22 of the EPCG Committee was held at 3.00 PM on 22.12.2021 under the chairmanship of Shri S.B.S. Reddy, Additional Director General of Foreign Trade through Video Conferencing due to Covid-19 restrictions. Following officers attended the meeting:-

i. Shri Chandan Kumar, OSD, Department of Revenue ii. Shri Randheep Thakur, Joint Director General of Foreign Trade, DGFT iii. Shri Anand Singh Chouhan, Deputy Director General of Foreign Trade, DGFT 2. Minutes of the last Meeting were confirmed. Thereafter, the Committee deliberated upon all the cases and following decisions were taken:-

SL. No. Firm’s Name and file Numbers EPCG Authorization No. Brief history and decision of the Committee 1 Oracrew India Pvt. Ltd., Agra

18/57/AM-22/P-5

N.A. Clarification regarding import of 3D Printer under EPCG Scheme.

M/s. Oracrew India Pvt. Ltd., Agra has applied to RA, Kanpur for grant of EPCG Authorization for import of C.G. with the description as “Object30 Dental Prime (V3.0) Desktop 3D Printer (Bed Size (300200100MM) with Standard Accessories”. The import item “Printer” is covered in negative list given in Appendix-5F. The firm has clarified that this is not covered under Appendix-5F as it is used for additive manufacturing of the products. 2.

item “Printer” is covered in negative list given in Appendix-5F. The firm has clarified that this is not covered under Appendix-5F as it is used for additive manufacturing of the products. 2. RA, Kanpur has requested to guide whether 3D Printers can be allowed to be imported under EPCG Scheme. 3. After due deliberation, the Committee noted that “Printer” given in Appendix-5F is used for representing text on a paper. 3D Printer is used for making three dimensional solid objects from a digital file. The Committee decided to recommend to DG for allowing import of 3D Printer under EPCG Scheme.

This has the approval of DG, DGFT.

2 Kaveri Print Pvt. Ltd., New Delhi

01/60/162/428/AM21 /PRC 05301616195 dated 14.10.2013 Request for waiver of balance EO towards issue of EODC against EPCG Authorization no. 053016195 dt. 14.10.2013 due to complete damage of Capital Goods in fire

The firm has stated that they could not complete 100% of

lance EO towards issue of EODC against EPCG Authorization no. 053016195 dt. 14.10.2013 due to complete damage of Capital Goods in fire

The firm has stated that they could not complete 100% of

EO despite having export orders in their hand due an unexpected devastating fire in their factory which have resulted in loss of all their inventories, machines, equipment etc. without leaving anything usable.

The firm has further stated that they had tried to repair/ refurbish the damaged machinery but they were unable to come out of this situation. They have fulfilled EO to the tune of USD 388282.02 /- (approx. 75%) only in this period and balance of the EO i.e. USD 126895.00 is left unfulfilled.
The Committee went through the statements made by the applicant and noted that the applicant has not submitted any cogent reason/justification in support of any genuine hardship faced by them. Accordingly, the Committee decided to reject the request.

3 Yash Pal & Sons (HUF), Gurgaon, Haryana

01/60/162/258/AM21 /PRC/EPCG

i. 0530161176 dt. 10.07.2012 ii. 0530161005 dt. 11.06.2013 iii. 053016117 7 dt. 18.07.2013 iv. 053016130 7 dt. 31.07.2013 v. 0530161457 dt. 29.08.2013 vi. 0530161602 dt. 24.09.2013 Request for extension of block wise and EOP without payment of composition fees

The applicant has stated that they are facing hardship and adverse impact on their hotel/restaurant business.

Request for extension of block wise and EOP without payment of composition fees

The applicant has stated that they are facing hardship and adverse impact on their hotel/restaurant business. Therefore, they are unable to pay composition fees imposed on block- wise extension and extension for two years in EOP in the above EPCG licenses. 2. The case was examined by EPCG Committee in its meeting held on 11.03.2021.The decision of the Committee as under: "The party seeks extension in export obligatio n period against the subject EPCG authorizations issued under zero duty EPCG Scheme on the grounds that their exports have been adversely affected by Covid-19 pandemic. The Committee observed that this matter is already under consideration by the DGFT & DoR, and therefore decided to defer the case for time being.”

The request of the firm before the EPCG Committee is for waiver of composition fees for 1st Block EOP Extension and extension in EOP by 2 years for six Zero duty EPCG authorizations. If it had obtained 2 years extension in EOP, then the period would have come under Public Notice No. 67/2015-20 dated 31.03.2020 and the Notification No. 28/2015-20 dated 23.09.2021. However, the applicant has come before EPCG Committee for an extension without payment of composition fees.

The Committee deliberated upon the case and decided to defer it for further examination on file.

applicant has come before EPCG Committee for an extension without payment of composition fees.

The Committee deliberated upon the case and decided to defer it for further examination on file.

4 Knorr-Bremse India Pvt. Ltd., Palwal Haryana

01/36/218/113/AM- 21/EPCG

i. 05301570 90 dt. 30.11.201 1 ii. 05301572 82 dt. 26.12.201 1 Request for Re-fixation of Average Export Obligation in respect of EPCG Authorization

The firm has stated that at the time of applying for EPCG licenses, they had submitted Chartered Accountant's certificate which erroneously contained their combined value of physical exports and service exports resulting in the fixation of high Average EO in their EPCG authorization and same cannot be fulfilled only by physical exports as per EPCG policy.

They are unable to fulfill the requirement of Average EO as it is incorrectly fixed for the reason mentioned above.

After due deliberation, the Committee decided to remand the case to CLA New Delhi for examination of the request by the applicant as per applicable policy provisions. In the event of non acceptance of the request made by the party, RA may do so with reasons recorded in writing.

5 Uttam Sugar Mills Limited, Noida

01/36/218/233/AM- 21/EPCG 0530148007 dated
17.12.2008 i. Condonation of delay in the installation of the capital goods beyond stipulated time period in respect of EPCG Authorization
ii.

01/36/218/233/AM- 21/EPCG 0530148007 dated
17.12.2008 i. Condonation of delay in the installation of the capital goods beyond stipulated time period in respect of EPCG Authorization
ii. Waiver of interest on the duty saved amount due to non installation of CGs in respect of EPCG Authorization
The firm has stated that they could not install the Capital Goods within stipulated time period due to the whole process of installation of plant and machinery which includes installation of mechanical, electrical and instrumentation work and trial run had taken significant time. The firm was able to physically commission the said condensing turbine on 15.04.2012 due to delay in Governmental approvals and some other unavoidable reasons which were totally beyond their control.

The Committee went through the statements made by the applicant and noted that the applicant has not submitted any cogent reason/justification in support of any genuine hardship faced by them. Accordingly, the Committee decided to reject the request.

pplicant and noted that the applicant has not submitted any cogent reason/justification in support of any genuine hardship faced by them. Accordingly, the Committee decided to reject the request.

6 Hills Cement Company Ltd, Guwahati

01/36/218/52/AM- 16/EPCG-I No.0230004252 dated 10.06.2009

No.1430000056 dated 11.10.2010

No.1430000055 dated 11.10.2010

No.0230004873 dated 27.01.2010

No.0230004872 dated 27.01.2010

No.0230004635 dated 13.11.2009

No.0230003970 dated 21.01.2009

No.0230003906 dated 24.12.2008

No.0230003905 dated 24.12.2008

No.0230003806 dated 25.11.2008

No.0230003748 dated 05.11.2008

xii.No.023000361 4 dated 11.09.2008

No.0230003483 dated 30.07.2008

No.0230003079 dated 11.03.2008

No.0230003001 dated 13.02.2008

No.0230004522 dated 09.10.2009

Request for allowing alternate export product, extension in EOP and allowing fulfillment of EO by exports to Nepal/Bhutan in INR in respect of 16 EPCG authorizations issued to M/s. Hills Cement Company Ltd, Guwahati.

The applicant has stated that there are constraints and difficulties affecting the North-eastern region of the country in running a labor intensive unit. Due to this reason, the Export Obligation under EPCG Scheme was reduced to 25% for the units located in the North-east as per the FTP, 2009-14 amended on 05.12.2012.

a labor intensive unit. Due to this reason, the Export Obligation under EPCG Scheme was reduced to 25% for the units located in the North-east as per the FTP, 2009-14 amended on 05.12.2012.

The applicant has submitted that while setting up the plant they faced operational difficulties, financial difficulties forcing them to lenders for restructuring of its debts under CDR mechanism, stoppage of local Coal mining and local availability of coal post NGT ban in Jantia hills, ban on mining of limestone. The applicant has further submitted that they should not be denied the facility of reduced EO due to the fact that they availed the EPCG scheme prior to 2012. There should not be any
discrimination between them and EPCG scheme
availed after 2012.
ECPG Committee noted that the applicant has also filed a Writ Petition No. Nil of 2021 (Hills Cements Company Ltd. & Another vs. Union of India & Others) before the Hon’ble High Court of Meghalaya against non- consideration of their representations dated 12.10.2020 and 02.04.2021 submitted by them before the respondents.
The Committee deliberated upon the case and decided to defer it as the matter is sub-judice and to wait for the Hon’ble Court’s order.

d 02.04.2021 submitted by them before the respondents.
4. The Committee deliberated upon the case and decided to defer it as the matter is sub-judice and to wait for the Hon’ble Court’s order.

7 Calsonic Kansei Motherson Auto Products Private Limited, Delhi

HQREPCGPRAPP00 171594AM22 0530161455 dated 29.08.2013 Request for EOP Extension for further 2 years till 28.08.2023 after expiry of original EOP

The applicant has stated that they have imported capital goods to manufacture and export various parts and accessories of motor vehicles. They could not fulfill EO due to cancellation of export orders; lower international demand and Covid-19 lock downs which affected their business.
cogent reason/justification in support of any genuine hardship faced by them. Accordingly, the Committee decided to reject the request.

8 Berry Impex Industries, Ludhiana

HQREPCGPRAPP00 129968AM22 3030014049 dated 14.05.2015 Request for extension of overall EOP by 1 year up to 13.05.2022 in respect of EPCG Authorization

The applicant has stated that due to Covid-19 and non-receipt of new orders they couldn’t fulfill 1st Block EOP and now they intend to fulfill EO through third party as per the provisions of Para 5.10 of HBP, 2015-20.

ted that due to Covid-19 and non-receipt of new orders they couldn’t fulfill 1st Block EOP and now they intend to fulfill EO through third party as per the provisions of Para 5.10 of HBP, 2015-20. The Committee deliberated upon the case and decided to recommend to DG for rela xation under Para 2.58 of FTP, 2015-20
to allow condonation of delay in approaching the RA for ext ension in the export obligation period subject to payment of composition fee as specified in Policy and late fee of Rs.10,000/-

This relaxation is subject to conditions that the installation of Capital goods has taken place as per policy and EO in first block is either
fulfilled or extension has already been taken.

9 D.C. International, Amritsar

HQRPRCAPPLY001 15493AM22 1230000995 dated 17.05.2013
Request for extension in EOP in respect of zero duty EPCG authorization No.1230000995 dated 17.05.2013.

The firm has stated that due to Covid19 last year there was no export. Now they have export order in hand, so they need extension in total EOP. cogent reason/justification in support of any genuine

firm has stated that due to Covid19 last year there was no export. Now they have export order in hand, so they need extension in total EOP. cogent reason/justification in support of any genuine

10 Floking Pipes Pvt. Ltd, Kanchipuram

HQRPRCAPPLY001 13036AM21 0430013727 Dated 23.05. 2014 Request for : (i) Extension of 6 years from the date of decision of PRC, Or in alternate (ii) Grant Extension of EO period for a period of 2 years from the date of decision of PRC without the levy of composite fee, (iii) Set aside the demand for composition fees; and (iv) Grant an interim stay on initiation of any proceedings until the PRC has taken a decision

The firm has stated that they are unable to fulfill the EO for reasons beyond their control as despite proactive efforts they were not able to obtain requisite certification standard for their products in its target market, making it difficult for them to sell their products. The applicant received the requisite certification nearly after 5 years due to non- availability of prescribed standards acceptable in the target market. Further, the Covid-19 pandemic has only lead to a situation where the applicant has not been able to fulfill any portion of the EO even after obtaining the certification after inordinate delay. The Committee deliberated upon the case and decided that the applicant may approach RA for extension in EOP in accordance with Public Notice 67/2015-20 dated 31.03.2020 and Notification No. 28/2015-20 dated 23.09.2021.

on the case and decided that the applicant may approach RA for extension in EOP in accordance with Public Notice 67/2015-20 dated 31.03.2020 and Notification No. 28/2015-20 dated 23.09.2021.

11 Samy & Co Sizing and Weaving Mill, Virdhunagar (District),Tamilnadu

HQRPRCAPPLY001 59427AM22 3530005318
dated 08.07.2013
Request for extension of EOP for 2 years in respect of EPCG Authorization No. 3530005318 dt. 08.07.2013

The firm has stated that they could not fulfill of 100% EO within the extended period of EOP due to lockdown and Covid-19 issues during the years 2020 & 2021 and therefore, has requested for extension of EOP for 2 years in order to fulfill their EO against the above license.

12 Arcelor Mittal Nippon Steel India limited., Mumbai

HQREPCGPRAPP00 163203AM22

81 EPCG Authorizations Request for the redemption of EPCG authorization against 81 EPCG Authorizations.

The subject EPCG authorizations were issued to Essar Steel India Ltd."ESJL"). ESIL underwent a corporate
insolvency resolution process ("CIRP") under the
Insolvency & Bankruptcy Code, 2016 ("the Code") (w.e.f. 02.08.2017) which culminated in the approval of a

ESIL underwent a corporate
insolvency resolution process ("CIRP") under the
Insolvency & Bankruptcy Code, 2016 ("the Code") (w.e.f. 02.08.2017) which culminated in the approval of a

Resolution Plan submitted by Arcelor Mittal India Pvt. Ltd. by the Committee of Creditors of ESIL, and finally by the Hon'ble Supreme Court in its judgment dated 15.11.2019 in Committee of Creditors of Essar Steel India Ltd. vs. Satish Kumar Gupta. With the implementation of the Resolution Plan on 16.12.2019, Arcelor Mittal lndia Pvt. Ltd. took over ESIL subject to the terms and conditions in the Resolution Plan, as approved in the court order. Thereafter, the name of ESIL was changed to Arcelor Mittal Nippon Steel India Limited (AMNSIL) in the records of the Registrar of Companies. 2. The Committee observed that in the Para 5 of the part titled “Reliefs and Concessions” under section XIII of the approved Resolution plan it is mentioned that “…. the relevant Government authority (including, without limitation the Director-General to Foreign Trade) shall waive all such non-compliances by the corporate Debtor without levying any fee, penalty or additional duty and the Corporate Debtor shall be allowed sufficient time (and in any event not less than two years from the Effective Date) to fulfill its obligation under such tax and duty benefit schemes ”

he Corporate Debtor shall be allowed sufficient time (and in any event not less than two years from the Effective Date) to fulfill its obligation under such tax and duty benefit schemes ”

After due deliberation, Committee decided to defer the case and with the direction to the applicant to file separate applications in respect of each EPCG authorization providing details of non-compliances and reliefs sought for in respect of each authorization.

13 Arcelormittal Nippon Steel India Limited(Formerly
Essar Steel India Limited), Surat

HQREPCGPRAPP00 117433AM22 i.5230008515 dated 24.03.2011 ii.5230009887 dated 27.12.2011 iii. 5230010846 dated 26.10.2012 Request for : (i) Relaxing the requirement of installation certificate for part of the capital goods imported for coke oven project which are lying in the factory premises and not installed yet, (ii)Condoning installation of part of the capital goods beyond 18 months: and (iii) Accepting installation certificate issued by Chartered Engineer in respect of EPCG

    The subject EPCG authorizations were issued to Essar

Steel India Ltd. ("ESJL"). Since some of the Capital Goods (CGs) pertaining to the coke oven project, imported under these three authorizations were not installed. 2. The applicant has submitted that ESIL underwent a
corporate insolvency resolution process ("CIRP") under the Insolvency & Bankruptcy Code, 2016 which culminated in the approval of a Resolution Plan submitted by Arcelor Mittal India Pvt. Ltd.

rporate insolvency resolution process ("CIRP") under the Insolvency & Bankruptcy Code, 2016 which culminated in the approval of a Resolution Plan submitted by Arcelor Mittal India Pvt. Ltd. by the Committee of Creditors of ESIL and finally by the Hon'ble Supreme

Court in its judgment dated 15.11.2019 in Committee of Creditors of Essar Steel India Ltd. vs. Satish Kumar Gupta. With the implementation of the Resolution Plan on 16.12.2019, Arcelor Mittal India Pvt. Ltd. took over ESIL subject to the terms and conditions in the Resolution Plan, as approved in the court order. Thereafter, the name of ESIL was changed to Arcelor Mittal Nippon Steel India Limited (AMNSIL) in the records of the Registrar of Companies. to defer it for further examination on file.

14 Tex Bond Nonwovens, Chennai

HQRPRCAPPLY000 87691AM21 430012699 dated 8.7.2013 Requested for reconsideration of Post-EPCG Authorization No.430012699 dated 8.7.2013 which is not/ cannot be transmitted online to Customs ECI System.

The request of the party is for consideration of exports made under Post Export EPCG Scheme which is not transmitted online to Customs EDI system. Earlier, the matter was examined by EPCG Committee in its meeting held on 24.01.2019. The decision of the Committee as under: “ The Committee deliberated upon the case and decided to defer it as the representative of the party could not attend the PH.” The matter was examined again by EPCG Committee in its meeting held on 13.02.2019.

e deliberated upon the case and decided to defer it as the representative of the party could not attend the PH.” The matter was examined again by EPCG Committee in its meeting held on 13.02.2019. The decision of the Committee is as under: “The Committee noted that the request of the party is for consideration of exports made under Post Export EPCG Scheme which is not transmitted online to Customs EDI system. As per

Para 5.22 (a) of HBP (RE: 2013)/2009- 14, an

exporter has to file an application in ANF 5A with the concerned RA, selecting an option for this Scheme. The Customs Circular No. 10/2013 dated 06.03.2013 stipulates registration of authorization (for importing capital goods) at the port of registration which the party states that they could not do as the Post Export EPCG Scripts is not online authorization. The representative of the party presented their case before the Committee. The Committee observed that at present there is no provision for online transmission of Post Export EPCG Scripts to Customs EDI system and the party should have registered the Post Export EPCG Scripts manually. The Committee deliberated upon the case and decided to reject it

as there is no merit in the request.” Now, the applicant has requested for re-consideration of their matter for Post-EPCG authorization No. 430012699 dated 08.07.2013 which is not/ cannot be transmitted online to Customs ECI System. After deliberation on the request of the firm, the Committee decided to defer the case to call the applicant for Personal Hearing to explain the case.

15 Aludecor Lamination Private Limited, Kolkata

HQREPCGPRAPP00 040209AM22 0230005536 dated 20.07.2010 Request for regularization of EPCG authorization No.0230005536 dated 20.07.2010 invalidated for local procurement which has been lost.
The firm has stated that they have obtained EPCG Authorization No. 0230005536 dated 20.07.2010 and invalidated for domestic procurement.

invalidated for local procurement which has been lost.
The firm has stated that they have obtained EPCG Authorization No. 0230005536 dated 20.07.2010 and invalidated for domestic procurement. They have procured material from domestic sources source against invalidation No. 0259001495 dated 20.07.2010 but they have paid Central Excise Duty to the supplier and did not avail TED or any benefit of the scheme. They have lost original EPCG authorization and Invalidation letter from their premises for which they have lodged G.D. No.763 dt-10.06.2019 to the nearest Police Satiation. 2. The request of the applicant for regularization of the case to RA, Kolkata has been rejected on the ground that it is a policy related matter. 3. The Committee observed that as per the provisions of Para 5.08 of FTP, 2015-20 “in case of domestic sourcing, EO shall be reckoned with reference to notional Customs duties saved on FOR value”.

The Committee went through the statements made by

the applicant and noted that the applicant has not submitted any cogent reason/justification in support of any genuine

16 Balaji Agrotech Industries, Andhra Pradesh

HQREPCGPRAPP00 162859AM22 2130000122 dated 08.09.2010 Request for granting Block wise extension, 1st and 2nd EOP Extension for 2 years in respect of EPCG Authorization No. 2130000122 dated 08.09.2010.

PRAPP00 162859AM22 2130000122 dated 08.09.2010 Request for granting Block wise extension, 1st and 2nd EOP Extension for 2 years in respect of EPCG Authorization No. 2130000122 dated 08.09.2010.

The applicant has stated that they could not complete EO 100% within stipulated time due to financial constraints and Covid-19 restrictions and couldn’t obtain block-wise extension and 1st EOP in stipulated time.

to recommend to DG for relaxation under Para 2.58 of

FTP, 2015-20 to allow : i. Condonation for approaching the RA for extension in the first block subject to payment of composition fee as specified in Policy and payment of Rs.10,000/ ii. Condonation for delay in approaching RA for EO extension in terms of provisions contained in Para 5.11 (a) of HBP (RE: 2012)/2009-14, on payment of Rs. 10000/- in addition to the composition fee for 1st EOP Extension ;and iii. Condonation for delay in approaching RA for second extension in EOP beyond 2 years with a condition that 50% of duty payable in proportion to the unfulfilled EO is paid by the authorization holder to custom authorities in terms of provisions contained in Para 5.11 (b) of HBP (RE: 2012)/2009-14. This relaxation is subject to a condition that the installation of capital goods has taken place as per policy.

17 Haryana Global Limited

HQRPRCAPPLY001 29014AM22 0530162623 dated 23.04.2014 Request for Re-fixation in Average Exports against EPCG Authorization No- 0530162623 dated 23.04.2014 under 0% Concessional Duty.

Limited

HQRPRCAPPLY001 29014AM22 0530162623 dated 23.04.2014 Request for Re-fixation in Average Exports against EPCG Authorization No- 0530162623 dated 23.04.2014 under 0% Concessional Duty.

The applicant has stated that they obtained EPCG Authorization for import of duty free capital goods and subsequently made exports of items covered under ITC HS code 83020000. However, they produced CA certificate for fixation of average exports from all export products having different ITC HS codes instead of 83020000. 2. The applicant has submitted that items produced and exported in various chapter heads in previous three years 2011-12, 2012-13 and 203-14, like 72085440, 39269099, 73269099 and 73089090 were not same and similar product and did not match with product 83020000.

18 Shubham collection, Punjab

HQREPCGPRAPP00 101501AM22 3030012498 dated 16.05.2014 Request for EOP Extension by two years and regularization of non-submission of Installation Certificate in prescribed time to RA in respect to EPCG Authorization No. 3030012498 dated 16.05.2014. The firm has stated that due to unawareness of policy

of non-submission of Installation Certificate in prescribed time to RA in respect to EPCG Authorization No. 3030012498 dated 16.05.2014. The firm has stated that due to unawareness of policy

procedures they couldn’t submit an application for EOP Extension and the Installation Certificate to RA within prescribed time.

After due deliberation, the Committee decided that the
applicant may approach RA for extension in EOP in accordance with Public Notice 67/2015-20 dated 31.03.2020 and Notification No. 28/2015-20 dated 23.09.2021.

Committee observed that in this case installation certificate was to be issued by the central excise authorities as per FTP 2009-14. The applicant is advised to submit copy of Installation Certificate for examination of request for regularization late submission of installation certificate.

19 Santhoshima Rice Industries, Hyderabad

HQREPCGPRAPP00 162832AM22 0930009243 dated 09.05.2013 Request for granting special extension of EOP for 2 years from the date of approval in respect of EPCG Authorization No. 0930009243 dated 09.05.2013.

The firm stated that they couldn’t fulfill EO 100% within stipulated time due to competition in the global market followed by Covid-19.

20 MA Extrusion India Private Limited, Ahmedabad

HQREPCGPRAPP00 101993AM22

0830007128 dated 08.04.2015 Request for condonation of block-wise fulfillment of EO and granting extension in EOP for 2 years in respect to EPCG Authorization No. 0830007128 dated 08.04.2015.

The applicant has stated that they couldn’t apply for 1st Block EOP Extension within prescribed time due to pandemic and hence applying for condonation of delay.
The Committee deliberated upon the case and decided to recommend to DG for relaxation under Para 2.58 of FTP, 2015-20 to allow :- i. Condonation of delay in approaching the RA for extension in the first block EO period subject to payment of composition fee as specified in Policy and late fee of Rs.10,000/-. ii. Condonation of delay in approaching RA for EO extension subject to payment of composition fee as specified in Policy.

21 Haryana Global Limited

HQRPRCAPPLY001 28982AM22

0530162617 dated 22.04.2014 Request for Re-fixation in Average Exports against EPCG Authorization No- 0530162617 dated 22.04.2014 under 0% Concessional Duty. Authorization for import of duty free capital goods and subsequently made exports of items covered under ITC HS code 83020000. However, they produced CA certificate for fixation of average exports from all export products having different ITC HS codes instead of for 83020000 only. 2.

covered under ITC HS code 83020000. However, they produced CA certificate for fixation of average exports from all export products having different ITC HS codes instead of for 83020000 only. 2. The applicant has submitted that items produced and exported in various chapter heads in previous three years 2011-12, 2012-13 and 2013-14, like 72085440, 39269099, 73269099 and 73089090 were not same and similar product and did not match with product 83020000.

22 Sirius Solar Energy Systems Pvt. Ltd., Hyderabad

HQREPCGPRAPP00 140334AM22 0930012425 dt.30.09.2016 Request for extension of 1st Block in respect of EPCG Authorization No. 0930012425 dt.30.09.2016 under 0% Concessional duty.

The applicant has stated that they could not apply within the stipulated time for Block-wise extension due to being unaware of the Policy Provisions. The firm has requested for extension of 1st Block to fulfill their EO against EPCG Authorization.

The Committee decided to recommend to DG under

Para 2.58 of FTP 2015- 20 to allow extension in the 1st

block of EO period subject to payment of composition fee of 2% on duty saved amount proportionate to unfulfilled portion of EO pertaining to first block.

This relaxation is subject to a condition that the installation of capital goods has taken place as per policy.

23 Amba River Coke Ltd, Dolvi

HQREPCGPRAPP00 221818AM22 0330036471 dated
30.07.2013 i. To allow extension of the 1st block of EO period up to 29.07.2019 and waiver of composition fee. ii. To allow extension of EOP up to 29.07.2021 against EPCG Authorization. iii. To permit the deemed exports supplies already made by us towards the fulfillment of the export obligation against EPCG Authorization
Authorization for the production of Met Coke and Iron Ore Pallets which are used in the manufacture of steel. The applicant has further stated that their 100% sales are to JSW Steel Limited (JSWSL). Their company is 100% subsidiary of JSWSL and their plant is also located in the same complex wherein the integrated steel manufacturing facility of JSWSL exists. 2015-20 to allow :- i. ii. specified in Policy and late fee of Rs.10,000/-.

24 Amba River Coke Ltd, Dolvi

HQREPCGPRAPP00 220697AM22 0330036291 dated
05.07.2013 a. To allow extension of the 1st block of EO period up to 04.07.2019 and waiver of composition fee against EPCG Authorization
b. To allow extension of EOP up to 04.07.2021 against EPCG Authorization. c.

ion of the 1st block of EO period up to 04.07.2019 and waiver of composition fee against EPCG Authorization
b. To allow extension of EOP up to 04.07.2021 against EPCG Authorization. c. To permit the deemed exports supplies already obligation against EPCG Authorization
Authorization for the production of Met Coke and Iron Ore Pallets which are used in the manufacture of steel. The applicant has further stated that their 100% sales are to JSW Steel Limited (JSWSL). Their company is 100% subsidiary

of JSWSL and their plant is also located in the same complex wherein the integrated steel manufacturing facility of JSWSL exists. 2015-20 to allow :- i. ii.

25 Amba River Coke Ltd, Dolvi

HQREPCGPRAPP00 222117AM22 0330036624 dated 22.08.2013 up to 21.08.2019 & waiver of composition fee against EPCG Authorization No. 0330036624 dt. 22.08.2013. b. To allow extension of EOP up to 21.08.2021 against EPCG Authorization. obligation against EPCG Authorization No. 0330036624 dt. 22.08.2013. of JSWSL exists. 2015-20 to allow :- i.

ii.

26 Amba River Coke Ltd, Dolvi

HQREPCGPRAPP00 221160AM22 0330036331 dated 11.07.2013 up to 10.07.2019 and waiver of composition fee against EPCG Authorization
b. To allow extension of EOP up to 10.07.2021 against EPCG Authorization. obligation against EPCG
of JSWSL exists. 2015-20 to allow :- i. ii.

ion fee against EPCG Authorization
b. To allow extension of EOP up to 10.07.2021 against EPCG Authorization. obligation against EPCG
of JSWSL exists. 2015-20 to allow :- i. ii.

27 Amba River Coke Ltd, Dolvi

HQREPCGPRAPP00 220180AM22 0330036198 dated
26.06.2013 up to 25.06.2019 and waiver of composition fee against EPCG Authorization No. 0330036198 dt. 26.06.2013. b. To allow extension of EOP up to 25.06.2021 against EPCG Authorization. obligation against EPCG Authorization No. 0330036198 dt. 26.06.2013. of JSWSL exists. 2015-20 to allow :- i. ii.

28 Amba River Coke Ltd, Dolvi

HQREPCGPRAPP00 216101AM22 0330036156 dated 19.06.2013 up to 18.06.2019 and waiver of composition fee against EPCG Authorization
b. To allow extension of EOP up to 18.06.2021 against EPCG Authorization. obligation against EPCG Authorization

of JSWSL exists. 2015-20 to allow :- i. ii.

29 Amba River Coke Ltd, Dolvi

HQREPCGPRAPP00 216193AM22 0330036159 dated
20.06.2013 up to 19.06.2019 & waiver of composition fee against EPCG Authorization. b. To allow extension of EOP up to 19.06.2021 against EPCG Authorization. obligation against EPCG Authorization. of JSWSL exists.

2015-20 to allow :- i.

against EPCG Authorization. b. To allow extension of EOP up to 19.06.2021 against EPCG Authorization. obligation against EPCG Authorization. of JSWSL exists.

2015-20 to allow :- i.

ii.

30 Amba River Coke Ltd, Dolvi

HQREPCGPRAPP00 226201AM22 0330038874 dt. 29.05.2014 up to 28.05.2020 & waiver of composition fee against EPCG Authorization. b. To allow extension of EOP up to 28.05.2022 against EPCG Authorization. obligation against EPCG Authorization. of JSWSL exists. 2015-20 to allow :- i.

For EO extension they may take benefit in accordance with Public Notice 67/2015-20 dated 31.03.2020 and Notification No. 28/2015-20 dated 23.09.2021.

31 Amba River Coke Ltd, Dolvi

HQREPCGPRAPP00 215939AM22 0330036154 dated 19.06.2013 up to 18.06.2019 & waiver of composition fee against EPCG Authorization b. To allow extension of EOP up to 18.06.2021 against EPCG Authorization. obligation against EPCG Authorization
of JSWSL exists.

2015-20 to allow :- i. ii.

32 Amba River Coke Ltd, Dolvi

HQRPRCAPPLY001 80587AM22 0330036918 dated 30.09.2013 a. To allow extension of the 1st block of EO period & waiver of composition fee b. To allow extension of EOP from 29.09.2019 to 29.03.2022 against EPCG Authorization
made by them towards the fulfillment of the export obligation against EPCG Authorization

mposition fee b. To allow extension of EOP from 29.09.2019 to 29.03.2022 against EPCG Authorization
made by them towards the fulfillment of the export obligation against EPCG Authorization

Steel Limited (JSWSL) only as their subsidiary. JSWSL is also among the largest exporters of steel from India. Their company is 100% subsidiary of JSWSL and their plant is also located in the same complex wherein the integrated steel manufacturing facility of JSWSL exists. 2015-20 to allow :- i. ii. extension up to 29.9.2021 subject to payment of composition fee as specified in Policy and late fee of Rs.10,000/-.

33 Amba River Coke Ltd, Dolvi

HQREPCGPRAPP00 220752AM22 0330036293 dt. 05.07.2013 up to 04.07.2019 & waiver of composition fee against EPCG Authorization
b. To allow extension of EOP up to 04.07.2021 against EPCG Authorization. obligation against EPCG Authorization
company is 100% subsidiary of JSWSL and their Plant is 2015-20 to allow :-

i. ii.

34 Amba River Coke Ltd, Dolvi

HQREPCGPRAPP00 225514AM22 0330034709 dt. 03.09.2013 up to 02.09.2019 & waiver of composition fee against EPCG Authorization. b. To allow extension of EOP up to 02.09.2021 against EPCG Authorization. obligation against EPCG Authorization. company is 100% subsidiary of JSWSL and their Plant is 2015-20 to allow :- i. ii.

low extension of EOP up to 02.09.2021 against EPCG Authorization. obligation against EPCG Authorization. company is 100% subsidiary of JSWSL and their Plant is 2015-20 to allow :- i. ii.

35 Amba River Coke Ltd, Dolvi

HQREPCGPRAPP00 221916AM22 0330036569 dt. 13.08.2013 up to 12.08.2019 & waiver of composition fee against EPCG Authorization. b. To allow extension of EOP up to 12.08.2021 against EPCG Authorization. obligation against EPCG Authorization. company is 100% subsidiary of JSWSL and their Plant is 2015-20 to allow :- i. ii.

36 Amba River Coke Ltd, Dolvi

HQREPCGPRAPP00 225557AM22 0330037307 dt. 25.11.2013 up to 24.11.2019 & waiver of composition fee against EPCG Authorization. b. To allow extension of EOP up to 24.11.2021 against EPCG Authorization.

obligation against EPCG. company is 100% subsidiary of JSWSL and their Plant is 2015-20 to allow :- i. ii.

37 Amba River Coke Ltd, Dolvi

HQREPCGPRAPP00 226282AM22 0330037757 dated
17.01.2014 up to 16.01.2020 & waiver of composition fee against EPCG. b. To allow extension of EOP up to 16.01.2022 against EPCG Authorization. obligation against EPCG Authorization. company is 100% subsidiary of JSWSL and their Plant is

fee against EPCG. b. To allow extension of EOP up to 16.01.2022 against EPCG Authorization. obligation against EPCG Authorization. company is 100% subsidiary of JSWSL and their Plant is

2015-20 to allow :- i. ii.

38 Amba River Coke Ltd, Dolvi

HQREPCGPRAPP00 225243AM22

0330036691 dt. 30.08.2013 Request for extension of the 1st block of EO period and export obligation period against EPCG Authorization No. 0330036691 dt. 30.08.2013.

The firm has requested for extension of the 1st block export obligation period and extension in export obligation period as they could not apply in stipulated time.

2015-20 to allow :- i. ii.

39 Amba River Coke Ltd, Dolvi

HQREPCGPRAPP00 225650AM22 0330037756 dt. 17.01.2014 up to 16.01.2020 & waiver of composition fee against EPCG. b. To allow extension of EOP up to

16.01.2022 against EPCG Authorization. obligation against EPCG. company is 100% subsidiary of JSWSL and their Plant is also located in the same complex wherein the integrated steel manufacturing facility of JSWSL exists. 2015-20 to allow :- i. ii.

40 Amba River Coke Ltd, Dolvi

HQREPCGPRAPP00 226178AM22 0330038736 dt. 13.05.2014 up to 12.05.2020 & waiver of composition fee against EPCG Authorization. b. To allow extension of EOP up to 12.05.2022 against EPCG Authorization. obligation against EPCG Authorization. company is 100% subsidiary of JSWSL and their Plant is also

Authorization. b. To allow extension of EOP up to 12.05.2022 against EPCG Authorization. obligation against EPCG Authorization. company is 100% subsidiary of JSWSL and their Plant is also

located in the same complex wherein the integrated steel manufacturing facility of JSWSL exists. 2015-20 to allow :- i. ii.

41 Amba River Coke Ltd, Dolvi

HQREPCGPRAPP00 226378AM22 0330043176 dt. 09.12.2015
up to 08.12.2021 & waiver of composition fee against EPCG Authorization
b. To permit the deemed exports supplies already obligation against EPCG Authorization
company is 100% subsidiary of JSWSL and their Plant is 2015-20 to allow :- i.

42 Amba River Coke Ltd, Dolvi

HQREPCGPRAPP00 220709AM22 0330036300 dt. 08.07.2013 up to 28.06.2019 & waiver of composition fee against EPCG Authorization. b. To allow extension of EOP up to 28.06.2021 against EPCG Authorization. obligation against EPCG. company is 100% subsidiary of JSWSL and their Plant is 2015-20 to allow :- i. ii.

43 Tata Motors, Mumbai

HQREPCGPRAPP00 161620AM22 0330020586 dated 08.07.2008 i. Regularization of installation of capital goods at new place of locations in Sanand, Gujarat instead of location mentioned in the EPCG authorization. ii. Condonation of delay in submission of installation certificate beyond 18 months
iii. Acceptance of installation certificate Chartered Engineer instead of Central Excise authority as per justification.

ion of delay in submission of installation certificate beyond 18 months
iii. Acceptance of installation certificate Chartered Engineer instead of Central Excise authority as per justification.

The applicant has stated that they have imported capital good for installation at their plant for Nano car in Singur, West Bengal. The capital goods could not be installed at their Singur plant due to political disturbances and had to be moved to Sanand, Gujarat for installation. Their case was earlier taken up in the EPCG Committee No. 07/AM15 held on 19.11.2014 at S. No. 08. The case was deferred and not considered for want of first installation certificates from Central excise authorities in respect of the imported Capital Goods.

The applicant has submitted that EPCG committee seems to have assumed as if the capital goods were first installed at original place of installation hence directed to get certificate of installation from Central excise authorities. The capital goods were not installed at the original place of installation at Singur, West Bengal and were installed first time only at Sanand in Gujarat. Hence the certificate of installation in absence of non-installation was not possible to get from Central excise authorities. The installation certificate for new locations in Gujarat also could not be obtained in absence of the new locations not endorsed in the EPCG License.

get from Central excise authorities. The installation certificate for new locations in Gujarat also could not be obtained in absence of the new locations not endorsed in the EPCG License.

The applicant has requested for regularization of installation of capital goods at Sanand instead of original place of installation, delay in submission of installation certificate beyond 18 months and for acceptance of Installation certificate of Chartered Engineer Certificate instead from Central Excise Authorities stating that Nano Car Project stopped for implementation due to political disturbances at Singur, West Bengal however successfully shifted, installed and project implemented at Sanand, Gujarat.

to defer it for further examination on file.

44 Spica Metafab Solutions India Private Limited

HQREPCGPRAPP00 170776AM22 0430007152 dated 26.02.2009 Request for condonation of submission of bill of exports and accept certificate issued by Development Commissioner, SEZ in respect of EPCG Authorization No. 0430007152 dated 26.02.2009.

The firm has stated that the firm has fulfilled EO but couldn’t submit Bill of Export because the Development Commissioner, SEZ issued a Certificate in lieu of Bill of Exports. Hence the firm has requested to accept the same certificate and issue EODC.

The Committee noted that the party has sought waiver of

oner, SEZ issued a Certificate in lieu of Bill of Exports. Hence the firm has requested to accept the same certificate and issue EODC.

The Committee noted that the party has sought waiver of

submission of Bill of Export for SEZ supplies which is mandatory document for claiming benefit under FTP as per clause 30(3) of the SEZ Rules, 2006

45 Spica Metafab Solutions India Private Limited

HQREPCGPRAPP00 170773AM22 0430007382 dated 26.05.2009 Request for condonation of submission of bill of exports and accept certificate issued by Development Commissioner, SEZ in respect of EPCG Authorization No. 0430007382 dated 26.05.2009.

The firm has stated that the firm has fulfilled EO but couldn’t submit Bill of Export because the Development Commissioner, SEZ issued a Certificate in lieu of Bill of Exports. Hence the firm has kindly requested to accept the same certificate and issue EODC.

The Committee noted that the party has sought waiver of submission of Bill of Export for SEZ supplies which is mandatory document for claiming benefit under FTP as per clause 30(3) of the SEZ Rules, 2006.

46 Godrej Agrovet Limited

HQREPCGPRAPP00 151864AM22 0330035714 dated 09/05/2013 Request for waiving of interest on surrender of EPCG Authorization Or Extension of validity in respect of EPCG Authorization No. 0330035714 dated 09.05.2013.

1864AM22 0330035714 dated 09/05/2013 Request for waiving of interest on surrender of EPCG Authorization Or Extension of validity in respect of EPCG Authorization No. 0330035714 dated 09.05.2013.

The applicant has stated that after having confirmed export order in hand from their Bangladesh JV company for export of Animal Feeds they could not export to that country due to arduous & burdensome procedure followed by Bangladesh Customs. The shelf life of Animal Feeds is 45-60 days. The Customs at Bangladesh port take 30-40 days to clear an import consignment. The goods developed fungus and had to be destroyed. The incurred a loss of Rs 12 lac approx.

The applicant has requested for waiving of interest on surrender of EPCG Authorization or extension of the validity of the Authorization by 4 years.

47 Paras Printers, Delhi

HQRPRCAPPLY000 93003AM21 0530156431 dated 07.09.2011 Request for an extension of EOP in respect of EPCG authorization No. 0530156431 dated 07.09.2011.

The firm has stated that they have been granted extension EOP for two years but could not export during the extended period as it was pending with RA for the endorsement of EO extension period. However, after obtaining extension they have executed export, but could not meet the obligation under stipulated time.

The firm has submitted that they had fulfilled the complete export obligation as stipulated in the license by exporting 77.55% within the validity of the extended EOP and further 22.45% beyond the extended period and within three months.

lled the complete export obligation as stipulated in the license by exporting 77.55% within the validity of the extended EOP and further 22.45% beyond the extended period and within three months. The firm has informed that as against twenty four months extended period, they only got thirteen months in net effect to fulfill the obligation as the EOP was accorded by RA to them on 31.08.2018 and by which time eleven months had elapsed.

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

Condonation of delay in approaching RA for EO extension subject to payment of composition fee as specified in Policy

This relaxation is subject to a condition that the installation of capital goods has taken place as per policy.

48 Spica Metafab Solutions India Private Limited

HQREPCGPRAPP00 170778AM22

0430007376 dated 25.05.2009 Request for condonation of submission of bill of exports and accept certificate issued by Development Commissioner, SEZ in respect of EPCG Authorization No. 0430007376 dated 25.05.2009.

The firm has stated that the firm has fulfilled EO but couldn’t submit Bill of Export because the Development Commissioner, SEZ issued a Certificate in lieu of Bill of Exports. Hence the firm has kindly requested to accept the same certificate and issue EODC.

The Committee noted that the party has sought waiver of

SEZ issued a Certificate in lieu of Bill of Exports. Hence the firm has kindly requested to accept the same certificate and issue EODC.

The Committee noted that the party has sought waiver of

submission of Bill of Export for SEZ supplies which is mandatory document for claiming benefit under FTP as per clause 30(3) of the SEZ Rules, 2006.

49 Virtual Rice Mills Private Limited

HQREPCGPRAPP00 170757AM22

0230011875 dated 18.10.2016 Request for 1st Block Extension in respect of EPCG Authorization No. 0230011875 dated 18.10.2016.

The firm has stated that they could not complete EO 100% within stipulated time in the 1st Block of 4 years due to unfavorable market situations.

The Committee deliberated upon the case and decided to recommend to DG under Para 2.58 of FTP 2015- 20 to allow extension in the 1st block of Export obligation period subject to payment of composition fee of 2% on duty saved amount proportionate to unfulfilled portion of EO pertaining to first block.

of capital goods taken place as per policy.

50 Virtual Rice Mills Private Limited

HQREPCGPRAPP00 170729AM22 0230011579 dated 01.08.2016 Request for 1st Block Extension in respect of EPCG Authorization No. 0230011579 dated 01.08.2016.

The applicant has obtained EPCG Authorization No. 0230011579 dated 01.08.2016 for duty saved value of Rs. 1,641,844.51 and worth US$ 144,549.77 i.e.

thorization No. 0230011579 dated 01.08.2016.

The applicant has obtained EPCG Authorization No. 0230011579 dated 01.08.2016 for duty saved value of Rs. 1,641,844.51 and worth US$ 144,549.77 i.e. 6 times the duty saved on Capital Goods on FOB basis within a period of 6 years ( Block Year 1st to 4th year – 50% and 5th to 6th year – 50% ) from date of issue of authorization. The annual average of the past export performance is Rs. 0.00 as per the condition sheet.

The firm has stated that they could not complete EO 100% within stipulated time in the 1st Block of 4 years due to unfavorable market situations. The firm further stated that they have paid requisite fee of Rs 2000 on account of EPCG committee fee.

to first block.

This relaxation is subject to a condition that the installation of capital goods has taken place as per policy.

51 Virtual Rice Mills Private Limited

HQREPCGPRAPP00 170744AM22 0230011753 dated 14.09.2016 Request for 1st Block Extension in respect of EPCG Authorization No. 0230011753 dated 14.09.2016.

The firm has stated that they could not complete EO 100% within stipulated time in the 1st Block of 4 years due to unfavorable market situations. The firm further stated that they have paid requisite fee of Rs 2000 on account of EPCG committee fee.

to first block.

This relaxation is subject to a condition that the installation of capital goods has taken place as per policy.

id requisite fee of Rs 2000 on account of EPCG committee fee.

to first block.

This relaxation is subject to a condition that the installation of capital goods has taken place as per policy.

52 Virtual Rice Mills Private Limited

HQREPCGPRAPP00 170772AM22 0230012448 dated 02.05.2017 Request for 1st Block Extension in respect of EPCG Authorization No. 0230012448 dated 02.05.2017.

to first block.

This relaxation is subject to a condition that the installation of capital goods has taken place as per policy.

53 Virtual Rice Mills Private Limited

HQREPCGPRAPP00 170648AM22 0230011202 dated 07.04.2016 Request for 1st Block Extension in respect of EPCG Authorization No. 0230011202 dated 07.04.2016.

to first block.

This relaxation is subject to a condition that the installation of capital goods has taken place as per policy.

54 Virtual Rice Mills Private Limited

HQREPCGPRAPP00 170767AM22

0230011203 dated 07.04.2016 Request for 1st Block Extension in respect of EPCG Authorization No.

lace as per policy.

54 Virtual Rice Mills Private Limited

HQREPCGPRAPP00 170767AM22

0230011203 dated 07.04.2016 Request for 1st Block Extension in respect of EPCG Authorization No. 0230011203 dated 07.04.2016.

The Committee deliberated upon the case and decided to to first block.

This relaxation is subject to a condition that the installation of capital goods has taken place as per policy.

55 Satyam Embroidery

HQRPRCAPPLY001 18706AM22 5230009291 dated 01.08.2011 (3% EPCG) Request for extension of EOP for two years in respect of EPCG Authorization No. 5230009291 dated 01.08.2011.

The firm has stated that they could not complete EO 100% within stipulated time due to unawareness of export

EOP for two years in respect of EPCG Authorization No. 5230009291 dated 01.08.2011.

The firm has stated that they could not complete EO 100% within stipulated time due to unawareness of export

procedures and market instability.

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

Condonation of delay in approaching RA for EO extension subject to payment of composition fee as specified in Policy

This relaxation is subject to a condition that the installation of capital goods has taken place as per policy.

56 TIL Limited

HQREPCGPRAPP00 102318AM22 0230013062 dated 15.05.2018 Request for condonation of delay in installation of capital goods in respect of EPCG Authorization No. 0230013062 dated 15.05.2018.

The firm has stated that they had imported plant and machinery and the foreign supplier was supposed to send their technical team for installation of Capital Goods. However, the firm states that even after regular follow-ups the technical team installed the goods on 15.01.2019. The capital goods have been imported vide Bill of Entry dated 07.06.2018 and installed on 15.01.2019, a delay of more than one month. As per report of RA, Installation certificate was submitted to RA only in 2021 beyond time limit prescribed in FTP.

57 Balmer Lawries & Co Ltd., Mumbai

HQRPRCAPPLY001 19111AM22 0330036375 dated 17.07.2013 Request for extension of EOP for two years in respect of EPCG Authorization No. 0330036375 dated 17.07.2013.

Lawries & Co Ltd., Mumbai

HQRPRCAPPLY001 19111AM22 0330036375 dated 17.07.2013 Request for extension of EOP for two years in respect of EPCG Authorization No. 0330036375 dated 17.07.2013.

The firm has further stated that 1st Block of EOP expired on 16.07.2017 which was extended up to 16.7.2019 with payment of composition fee. They have obtained extension in EOP for one year from RA up to 16.07.2020 and in terms of provisions of PN No. 67/2015-2020, dated 31.3.2020, EO period has automatically been extended by six months up to 16.01.2021. They have completed Specific EO to the extent of USD 10,373,294 which is 89.57%.

The Committee deliberated upon the case and decided that the applicant may approach RA for extension in EOP in

accordance with Public Notice No. 67/2015-20 dated 31.03.2020 and Notification No. 28/2015-20 dated 23.09.2021.

58 Shyam Indospin Ltd

HQRPRCAPPLY001 17669AM21 2230003140 dt. 29.03.2019 Request for extension of import validity beyond 24 months for import of capital goods in respect of EPCG Authorization No. 2230003140 dt. 29.03.2019.

The firm had obtained EPCG License No. 2230003140 dated 29.03.2019 for duty saved value of Rs. 1,47,73,175.17 for procurement of 3 No. Open End Machines out of which two machines have been installed in their factory premises and the third machine has not been imported by them yet. The reasons for the delay submitted by the applicant are that due to Covid-19 in China and worldwide have disrupted all businesses/ schedules.

the third machine has not been imported by them yet. The reasons for the delay submitted by the applicant are that due to Covid-19 in China and worldwide have disrupted all businesses/ schedules. Now, they expect a machine to reach by September 2021.

Committee is of the opinion that they can take fresh EPCG authorization for goods not imported yet and decided to reject their request for revalidation of EPCG authorization.

59 Ovo Farm Pvt. Ltd

HQRPRCAPPLY000 34645AM22 2330001157 dated 07.07.2016 Request for waiver of EO in respect of EPCG Authorization No. 2330001157 dated 07.07.2016.

The firm has stated that they are not able to make further exports and could not complete EO100% within stipulated time due to spread of diseases like Avian Influenza due to which many countries like Qatar, Singapore, Saudi Arabia etc. have temporarily banned/not approved imports of poultry meat and their eggs and products from India. Further, the firm stated that Covid-19 impacted the domestic poultry industry with large net losses and spread of misinformation.

60 OTSUKA PHARMACEUTICA L INDIA PRIVATE LIMITED

HQRPRCAPPLY001 27412AM22

0830002493 dated
24.06.2008 Request for condonation of wrong mentioning of EPCG authorization number in Shipping Bills towards the fulfillment of Specific E.O.in respect of EPCG authorization no. 0830002493 Dt. 24.06.2008.

The applicant has requested for condonation of wrong mentioning of EPCG authorization number in Shipping Bills towards the fulfillment of Specific E.O.in respect of

0830002493 Dt. 24.06.2008.

The applicant has requested for condonation of wrong mentioning of EPCG authorization number in Shipping Bills towards the fulfillment of Specific E.O.in respect of

EPCG authorization no. 0830002493 Dt. 24.06.2008. 2. Earlier, the request of the applicant for condonation of wrong mentioning of EPCG authorization number in Shipping Bills towards the fulfillment of Specific E.O.in respect of EPCG authorization no. 0830002493 Dt. 24.06.2008 along with three other EPCG authorizations was taken up in the EPCG Committee meeting held on 14.02.2020 wherein it was decided to allow consideration of wrongly mentioned/excess Shipping Bills on EPCG Nos. towards fulfillment of Specific EO in respect of 05 EPCG Authorizations subject to the conditions which include ‘policy condition No.(v). All the EPCG Authorizations
under consideration are issued in the same Policy period”. 3. Now, the firm has stated that EPCG Authorization No. 830002493 dated 24.6.2008 has not been redeemed for the reasons that some SB’s of other EPCG Authorizations do not pertain to same financial year of 2008-2009 of the licensing year of this EPCG Authorization and the condition No. (v) Of the EPCG Committee Minutes dated 14.02.2020 are not complied with which reads as “All the EPCG Authorizations under consideration are issued in the same policy period”. 4.

e condition No. (v) Of the EPCG Committee Minutes dated 14.02.2020 are not complied with which reads as “All the EPCG Authorizations under consideration are issued in the same policy period”. 4. The Committee deliberated upon the case and decided to recommend to DG for relaxation under Para 2.58 of FTP 2015-20 to allow consideration of wrongly mentioned/excess Shipping Bills on EPCG Nos. towards fulfillment of Specific EO in respect of EPCG Authorization no. 0830002493 dated 24.06.2008, subject to the conditions mentioned in its decision taken in meeting held on 14.02.2020, except condition no. (v). This has the approval of DG. 61 Piccadily Hotels Pvt. Ltd., New Delhi

HQRPRCAPPLY001 34377AM22 i. 0530156899 dt. 09.11.2011 ii. 0530160313 dt. 05.02.2013 iii. 0530161543 dt. 12.09.2013 Request for Re-fixation of Average Export Obligation in respect of EPCG Authorizations

The firm has stated that by mistake their CA had inadvertently taken into consideration the EO which they were fulfilling in the licenses issued during the period AM12/AM13/AM14 without consideration specific EO fulfilled for the licenses issued for the previous years. The firm has submitted that the AEO in their EPCG license should be Nil. CLA, Delhi vide their report has stated that their office has not considered the average EO re-fixation in any of the three mentioned licenses because no such request has been received in three cases. The company has nearly 90 such cases which for redemption and average re-fixation request

fixation in any of the three mentioned licenses because no such request has been received in three cases. The company has nearly 90 such cases which for redemption and average re-fixation request

may have been made in some other case.
After due deliberation, the Committee decided to remand the case to CLA, New Delhi for examination of the request by the applicant as per policy procedure.

62 Mangalmurti Synthetics, Kolhapur

HQREPCGPRAPP00 154243AM22

3130008605 dated 17.04.2015 Request for extension of 1st Block and EOP for two years in respect of EPCG Authorization No. 3130008605 dt. 17.04.2015 under 0% Concessional duty.

The firm has stated that they could not fulfill EO within the stipulated time i.e. 6 years due to the COVID-19 pandemic. The firm has submitted that they were supposed to apply for an extension of the EO period within 90 days from the expiry of the initial obligation but due to the lockdown and COVID scenario, they could not apply the same on time The Committee deliberated upon the case and decided to to first block and payment of Rs. 10,000/-.

of capital goods taken place as per policy.

63 Radhakrishna Fabrics, Kolhapur

HQREPCGPRAPP00 154269AM22 3130008607 dated 17.04.2015 Request for extension of 1st Block and EOP for two years in respect of EPCG Authorization No. 3130008607 dt. 17.04.2015 under 0% Concessional duty.

The firm has stated that they could neither fulfill 50% EO in the 1st Block nor 100% EO within the stipulated time i.e. 6 years due to the COVID-19 pandemic.

4.2015 under 0% Concessional duty.

The firm has stated that they could neither fulfill 50% EO in the 1st Block nor 100% EO within the stipulated time i.e. 6 years due to the COVID-19 pandemic. The firm has informed that they were supposed to apply for an extension of EO period within 90 days from the expiry of the initial obligation but due to the lockdown and COVID scenario, they could not apply the same on time. Therefore, the firm has requested for extension of 1st Block and EOP for two years in order to fulfill their EO against the above license. The firm is ready to pay the composition fees as per the policy and procedures.

to first block and payment of Rs. 10,000/-.

This relaxation is subject to a condition that the installation of capital goods taken place as per policy.

64 Savera Auto Comps Pvt. Ltd.

HQRPRCAPPLY000 81270AM21

0330045272 dt. 14.09.2016 Request for regularization of excess duty credit utilized within 10% on EPCG License No. 0330045272 dt. 14.09.2016.

The firm has stated that they applied for EODC to RA, Mumbai after completion of EO proportionate to duty save value utilized. The firm has informed that RA, Surat issued a D/L dated 01.02.2021 informing the applicant that the application fee for excess utilization of DSV of license was not paid, and directed it to pay the application fees as per PN. 22 dated 31.07.2019.

dated 01.02.2021 informing the applicant that the application fee for excess utilization of DSV of license was not paid, and directed it to pay the application fees as per PN. 22 dated 31.07.2019.

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 year and to the condition that the excess utilization is not more than 10% of duty saved mentioned in the subject EPCG authorization. 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 for the subject authorization.

The permission is subject to the installation of capital goods as per policy.

65 FDC Ltd., Mumbai

HQREPCGPRAPP00 174448AM22 0330043077 dt. 27.11.2015 Request for regularization of excess duty credit utilized within 10% on EPCG License No. 0330043077 dt. 27.11.2015.

The applicant has stated that at the time of import they have utilized excess duty saved value of Rs. 14,77,250.00/
against duty saved value of Rs. 13,42,954.70/- which is less than 10% permitted as Para 5.16 (a) of HBP. However, there was a delay in the payment of differential fees.

of Rs. 14,77,250.00/
against duty saved value of Rs. 13,42,954.70/- which is less than 10% permitted as Para 5.16 (a) of HBP. However, there was a delay in the payment of differential fees.

5000/- per year and to the condition that the excess authorization.

per policy.

66 L&T Special Steels and Heavy Forgings Pvt. Ltd

HQRPRCAPPLY001 04804AM21 0330032263 dt. 27.03.2012 Request for regularization of excess duty credit utilized within 10% on EPCG License No. 0330032263 dt. 27.03.2012. The firm has stated that they had excess utilized the DSV for Rs. 2,80,164/- which was within permissible limits of 10 percent of CIF but inadvertently failed to pay the composition fees i.e. 0.1 percent of the excess utilization of DSV i.e. Rs.280/- only within one month of excess import taking place as per Para 5.16 of HBP 2015-20. DGFT vide public notice no. 22/2015-20 dated 31.07.2019 had given a relaxation to the EPCG Authorization holders to pay a composition fee of Rs. 5,000/- for regularization of excess utilization of DSV beyond one month but within two years of excess import. In the instant cases, the period involved in more than two years.

5000/- per year per authorization and to the condition that the excess utilization is not more than 10% of duty saved mentioned in the subject EPCG authorization. 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 for the subject authorization.

per policy.

ay 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 for the subject authorization.

per policy.

67 L&T Special Steels and Heavy Forgings Pvt. Ltd

HQRPRCAPPLY001 05180AM21 0330031281 dt. 13.12.2012 Request for regularization of excess duty credit utilized within 10% on EPCG License No. 0330031281 dt. 13.12.2012.

The firm has stated that they had excess utilized the DSV for Rs. 70,574/- which was within permissible limits of 10 percent of CIF but inadvertently failed to pay the composition fees i.e. 0.1 percent of the excess utilization of DSV i.e. Rs. 71 /- only within one month of excess import taking place as per Para 5.16 of HBP 2015-20. In terms of

Para 5.16(a) of HBP 2015-20 and now intend to pay

additional fee as per Public Notice No. 22/2015-20 dated 31.07.2019. However, period from import date to till date is beyond the allowed time limit of two years from excess import took place.

5000/- per year and to the condition that the excess authorization.

per policy.

68 Solan Spinning Mills Pvt. Ltd., New Delhi

HQREPCGPRAPP00 041201AM22

0530156212 dated 10.08.2011 Request for regularization of excess duty credit utilized within 10% on EPCG Authorization No. 0530156212 dt. 10.08.2011.

The applicant has stated that at the time of import they have utilized excess duty saved which is less than 10% permitted as Para 5.16 (a) of HBP. However, there was a delay in the payment of differential fees.

5000/- per year and to the condition that the excess authorization.

per policy.

69 SKS Fasteners Limited, Pune

HQREPCGPRAPP00 179956AM22 3130010304 dated 22.03.2018 Request to allow payment of 10% Enhancement Fees in respect of EPCG Authorization No. 3130010304 dated 22.03.2018.

5000/- per year and to the condition that the excess authorization.

per policy.

70 SKS Fasteners Limited, Pune

HQREPCGPRAPP00 179964AM22 3130010306 dated 22.03.2011 Request to allow payment of 10% Enhancement Fees in respect of EPCG Authorization No. 3130010306 dated 22.03.2011-reg.

5000/- per year and to the condition that the excess

ated 22.03.2011 Request to allow payment of 10% Enhancement Fees in respect of EPCG Authorization No. 3130010306 dated 22.03.2011-reg.

5000/- per year and to the condition that the excess

authorization.

per policy.

71 Sipra Engineers Private Limited, Mumbai

HQREPCGPRAPP00 175642AM22 3130009145 dated 06.01.2016 Request for Condonation of delay in payment of application fees for Excess Utilization of Duty Saved Amount in respect of EPCG Authorization No. 3130009145 dated 06.01.2016-reg.

5000/- per year and to the condition that the excess authorization.

per policy.

72 RAJNANDINI CREATION

HQRPRCAPPLY000 87157AM21

5230007825 dated 02.12.2010 Waiver of Procedural requirement as per HBP

5000/- per year and to the condition that the excess authorization.

per policy.

73 DASHMESH RICE MILLS

HQREPCGPRAPP001 72426AM22 3030016729 dated 23.08.2017 Seeking relaxation of late submission of composition fee along with penalty against excess utilization of duty saved against the EPCG authorization no. 3030016729 dated 23.08.2017

5000/- per year and to the condition that the excess authorization.

per policy.

74 Raghbir Singh Krishan Chander, Ludhiana

HQREPCGPRAPP001 08414AM22 3030012424 dated
02.05.2014 Request for regularization of excess duty credit utilized within 10% on EPCG License No. 3030012424 dt. 02.05.2014–reg.

5000/- per year and to the condition that the excess authorization.

per policy.

regularization of excess duty credit utilized within 10% on EPCG License No. 3030012424 dt. 02.05.2014–reg.

5000/- per year and to the condition that the excess authorization.

per policy.

[DGFT= Directorate General of Foreign Trade, DG = Director General, FTP, = Foreign Trade Policy, HBPv1 = 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.].The meeting ended with a vote of thanks to the Chair

[Issued from F. No. 01/36/218/60/AM-22/EPCG]

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