DGFT Considers 31 Cases for Policy Relaxation in 16 September Meet, Very
Minor Relaxation for Excess Import and Export Obligation Allowed, Most Cases
Rejected
Case
No.1 Reliance Industries Limited, Mumbai
F.No.
01/60/162/989/AM14/EFGC/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for revalidation of Advance Authorization No. 0310643303 dated
20.07.2011.
Decision:
The
Committee noted that as per EDI report of this office there is no transmission
error or delay in transmission of data. The amendment sheet No.2 was
transmitted to Customs on 31/12/2013 and the same was accepted on the same day
without any error. Hence the request is not acceded to.
Case
No.2 M/s G.R. Engineering Pvt. Ltd., Mumbai
F.No.
01/60/162/89/AM15/EFGC/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for 2nd revalidation of Advance Authorization No. 0310650924 dated
30/08/2011.
Decision:
The
Committee observed that the firm had approached the concerned RA for
revalidation on 16/01/2014, after its name was removed from DEL and the RA had
revalidated the Advance Authorization for 6 months on 22/01/2014 i.e. only
after 5 days. Since there was no delay on the part of RA in taking action,
hence the Committee did not accede to the request.
Case
No.3 M/s Brevi Exports Mumbai
F.No.
01/60/162/127/AM15/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Revalidation of DFIA No. 0310674586 dt.
4.1.2012
Decision:
The
Committee observed that no revalidation is allowed after transferability is
endorsed. Therefore, the Committee rejected the request.
Case
No.4 M/s Parabolic Drugs Ltd, Chandigarh.
F.No.
01/60/162/30/AM15/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for regularization of export made on E Com no. before generating file
no. against Advance Authorization No. 2210005993 dated 13.09.2006
Decision:
The
Committee observed that the copy of invoice submitted by the applicant vide
letter dated 20/05/2014 was generated on 28/07/2006. Whereas, the E-com
reference No.22/98/000/31000/0112/2715 was generated on 09/08/2006. Therefore
it is a matter of investigation that as to how E-com reference, which is generated
on 09/08/2006 was got endorsed in the invoice dated 28/07/2006.
The
Committee, therefore, did not accede to the request. RA is hereby directed to
investigate the matter and if need be take ECA action as per the provisions of
FT (D&R) Act, 1992 as amended. PRC Section would send a copy of letter
dated 20/05/2014 along with a copy of invoice to RA.
(Action:
RA, PRC Section)
Case
No.5 M/s Glow Pharma Pvt.
Ltd., Mumbai
F.No.
01/60/162/106/AM15/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request of EOP extension of Advance Authorization No. 0310517070 dated
24.04.2009 issued under PC-9 condition for regularization.
Decision:
The
Committee decided the following:
I. Export
obligation period be extended from 6 months to 12 months from the date of first
import consignment i.e. upto 30.04.2011.
II. This
is only for accounting and regularization of exports already effected.
III. This
is subject to a payment of composition fee @ 0.5% on FOB value of export made
outside the original EOP.
IV. Minimum
value addition of 15% as prescribed under Para 4.1.6 of FTP shall be
maintained.
V. The
applicant has to pay duty plus interest on inputs consumed and exported after
12 months from date of first import.
VI. PC-18
condition stands waived to the extent of requirement of re-export/destruction
certificate on export made outside the extended EOP.
(Action:
RA, Mumbai)
Case
No.6 M/s Medreich Limited, Bangalore
F.No.
01/06/162/122/AM15/EFGC (PRC)
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for EOP extension of Advance Authorization no. 0710075542 dt. 22.11.2010 for regularization
purpose
Decision:
The
Committee decided the following:
I. Export
obligation period be extended from 12 months to 18 months from the date of first
import consignment i.e. upto 30.06.2012.
II. This
is only for accounting and regularization of exports already effected.
III. This
is subject to a payment of composition fee @ 0.5% on FOB value of export made
outside the original EOP.
IV. Minimum
value addition of 15% as prescribed under Para 4.1.6 of FTP shall be
maintained.
V. The
applicant has to pay duty +interest on inputs consumed and exported after 18
months from date of first import.
VI. PC-18
condition stands waived to the extent of requirement of re-export/destruction
certificate on export made outside the extended EOP.
(Action:
RA, Bangalore)
Case
No.7 M/s Panacea Biotech Ltd., New Delhi
F.No.
01/60/162/251/AM15/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for EOP extension of Advance Authorization No. 0510292280 dated
31.05.2011
Decision:
The
Committee decided the following:
I. Export
obligation period be extended upto 31.03.2015.
II. The
extension is subject to payment of composition fee @ 0.5% on unfulfilled FOB
value of exports. The minimum value addition of 15% as prescribed under Para
4.1.6 of FTP shall be maintained.
III. This
is further subject to verification by RA that EO as claimed to have been
fulfilled is more than 50% in proportion to imports made within original export
obligation period.
IV. The
applicant is advised to submit the Authorisation for endorsement to RA as early
as possible. They are further advised to start discharging their stipulated
balance export obligation on the basis of these minutes without waiting for the
endorsement to be done on the Authorisation.
(Action:
RA, CLA, Delhi / applicant)
Case
No.8 M/s Bilt Graphic Paper Products Ltd., Pune
F.No.
01/60/162/255/AM15/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for EOP extension of Advance Authorization No. 3110047851 dated
20.04.2011.
Decision:
The
Committee decided the following:
I. Export
obligation period be extended upto 31.03.2015.
II. The
extension is subject to payment of composition fee @ 0.5% on unfulfilled FOB
value of exports. The minimum value addition of 15% as prescribed under Para
4.1.6 of FTP shall be maintained.
III. This
is subject to verification by RA that EO as claimed to have been fulfilled is
more than 50% in proportion to imports made within original export obligation
period.
IV. The
applicant is advised to submit the Authorisation for endorsement to RA at the
earliest. They are further advised to start discharging their stipulated
balance export obligation on the basis of these minutes without waiting for the
endorsement to be done on the Authorisation.
(Action:
RA, Pune / applicant)
Case
No.9 M/s Poddar Mercantile Pvt.
Ltd., Kolkata
F.No.
01/60/162/176/AM15/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for EOP extension of Advance Authorization No. 0210142061 dated
14.05.2010 for regularization purpose
Decision:
The
Committee decided the following:
I. Export
obligation period be extended upto 30.06.2013.
II. This
is only for accounting of exports already effected and
redemption purpose.
III. This
is subject to a payment of composition fee @ 0.5% of FOB value of export made
outside the original EOP.
IV. The
value addition of 15% as prescribed under Para 4.1.6 of FTP shall be
maintained.
(Action: RA, Kolkata)
Case
No.10 M/s Gadre Marine Export Pvt.
Ltd., Ratnagiri
F.No.
01/60/162/182/AM15/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for EOP extension of Advance Authorization No. 0310607834 dated
24.12.2010 for regularization purpose.
Decision:
The
Committee decided the following:
I. Export
obligation period be extended upto 31.03.2014.
II. This
is only for accounting of exports already effected and
redemption purpose.
III. This
is subject to a payment of composition fee @ 0.5% of FOB value of export made
outside the original EOP. The value addition of 15% as prescribed under Para
4.1.6 of FTP shall be maintained.
(Action:
RA, Mumbai)
Case
No.11 M/s J. Duncan Healthcare Pvt. Ltd., Mumbai
F.No.
01/60/162/148/AM15/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for waiver from PC-18 condition in Advance Authorization No.
0310698689 dated 14.06.2012 for regularization purpose
Decision:
The
Committee noted that there are only 0.52Kg excess imports due to production
loss. The Committee, therefore, decided as following:
(i) PC
– 18 condition stands waived for 0.52Kg unutilized excess imports.
(ii) This
is subject to payment of Duty + Interest on unutilized imported goods and
Composition fee of Rs. 1000/-.
(Action:
RA Mumbai)
Case
No.12 M/s Lok Beta Pharmaceutical (I) Pvt. Ltd., Mumbai
F.No.
01/60/162/136/AM15/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for waiver from PC-18 condition in Advance Authorization No.
0310684471 date 2.3.2012 for regularization purpose.
Decision:
The
Committee noted that there are only 0.52Kg excess imports due to production
loss. The Committee, therefore, decided as following:
(i) PC
– 18 condition stands waived for 0.52Kg unutilized excess imports.
(ii) This
is subject to payment of Duty + Interest on unutilized imported goods and
Composition fee of Rs. 1000/-.
(Action:
RA Mumbai)
Case
No.13 M/s Lok Beta Pharmaceutical (I) Pvt. Ltd., Mumbai
F.No.
01/60/162/137/AM15/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for waiver from of PC-18 condition in Advance Authorization No.
0310655616 dated 23.09.2011 for regularization purpose
Decision:
The
Committee noted that there are only 0.77 BOU of excess imports due to
production loss. The Committee, therefore, decided as following:
(i) PC
– 18 condition stands waived for 0.77 BOU of
unutilized excess imports.
(ii) This
is subject to payment of Duty + Interest on unutilized imported goods and
Composition fee of Rs. 1000/-.
(Action:
RA Mumbai)
Case
No.14 M/s Lok Beta Pharmaceutical (I) Pvt. Ltd., Mumbai
F.No.
01/60/162/135/AM15/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for waiver from PC-18 condition in Advance Authorization No.
0310604222 date 02.12.2010 for regularization purpose.
Decision:
The
Committee noted that there are only 0.52Kg excess imports due to production
loss. The Committee, therefore, decided as following:
(i) PC – 18
condition stands waived for 0.52Kg unutilized excess imports.
(ii) This is
subject to payment of Duty + Interest on unutilized imported goods and
Composition fee of Rs. 1000/-.
(Action:
RA Mumbai)
Case
No.15 M/s Lok Beta Pharmaceutical (I) Pvt. Ltd., Mumbai
F.No.
01/60/162/111/AM15/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject: - Request for waiver of PC-18 condition in
Advance Authorization No. 0310587682 dated 13/08/2010 for regularization
purpose.
Decision:
The
Committee noted that there are only 1.09Kg excess imports due to production
loss. The Committee, therefore, decided as following:
(i) PC – 18 condition
stands waived for 1.09Kg unutilized excess imports.
(ii) This is
subject to payment of Duty + Interest on unutilized imported goods and
Composition fee of Rs. 1000/-.
(Action:
RA Mumbai)
Case
No.16 M/s J. Duncan Healthcare Pvt. Ltd., Mumbai
F.No.
01/60/162/110/AM15/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for waiver from PC-18 condition in Advance Authorization No.
0310542979 date 28.10.2009 for regularization purpose.
Decision:
The
Committee noted that there are only 0.80gm excess imports due to production
loss. The Committee, therefore, decided as following:
(i) PC – 18
condition stands waived for 0.80gm unutilized excess imports.
(ii) This is
subject to payment of Duty + Interest on unutilized imported goods and Composition
fee of Rs. 1000/-.
(Action:
RA Mumbai)
Case
No.17 M/s J. Duncan Healthcare Pvt. Ltd., Mumbai
F.No.
01/60/162/146/AM15/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for waiver from PC-18 condition in Advance Authorization No.
0310630179 date 9.5.2011 for regularization purpose
Decision:
The
Committee noted that there are only 4.88Kg excess imports due to production
loss. The Committee, therefore, decided as following:
(i) PC – 18
condition stands waived for 4.88Kg unutilized excess imports.
(ii) This is
subject to payment of Duty + Interest on unutilized imported goods and
Composition fee of Rs. 1000/-.
(Action: RA Mumbai)
Case
No.18 M/s Fresenius Kabi Oncology Limited, New Delhi
F.No.
01/60/162/160/AM15/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for EOP extension of Advance Authorization No. 0510278091 dated
29.11.2010 for regularization purpose..
Decision:
The
Committee decided the following:
I. Export
obligation period be extended upto 30.04.2014.
II. This is only
for accounting of exports already effected and
redemption purpose.
III. This is
subject to a payment of composition fee @ 0.5% of FOB value of export made
outside the original EOP.
IV. The value
addition of 15% as prescribed under Para 4.1.6 of FTP shall be maintained.
(Action:
RA, CLA, New Delhi)
Case
No.19 M/s Betul Oils and Flour Ltd. Pune
F.No.
01/60/162/424/AM08/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for revalidation of 3 split up Advance Authorization no. 2313439 dt. 31.12.1998, 2313440 dt. 31.12.1998 and 2313441 dt 31.12.1998 issued against main
Advance Authorization no. 31002927 dt. 31.12.1998.
Decision:
Deferred.
Case
No.20 M/s Electrotherm (India) Ltd. Ahmedabad
F.No.
01/60/162/150/AM15/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for EOP extension of following 19 Advance Authorizations Nos. under
Corporate Debt Restructuring (CDR).
1. 810070175 date
18.02.08
2. 810071348 date
21.04.08
3. 810069560 date
11.01.08
4. 810069559 date
11.01.08
5. 810068175 date
30.10.07
6. 810067211 date
18.09.07
7. 810069085 date
19.12.07
8. 810067141 date
13.09.07
9. 810064615 date
04.05.07
10. 810069743 date
23.01.08
11. 810071619 date
02.05.08
12. 810071274 date
16.04.08
13. 810071346 date
21.04.08
14. 810071617 date
02.05.08
15. 810071347 date
21.04.08
16. 810069744 date
23.01.08
17. 810079002 date
18.11.08
18. 810076004 date
18.11.08
19. 810067212 date
18.09.07
Decision:
The
Committee considered the request of the firm and noted that relaxation under
Corporate Debt Restructuring (CDR) is not available in Advance Authorization.
Hence, the Committee rejected the request. The applicant is hereby directed to
get their case regularized in terms of Para 4.28 of HBP.
(Action:
RA, Ahmedabad- If the party fails to get the case regularized in terms of Para
4.28 of HBP within a month from the date of communication of this decision, RA
shall take action against the firm under the provision of FT (D&R) Act.
1992 and submit an Action Taken Report).
Case
No.21 M/s Cadila Healthcare Ltd. Ahmedabad
F.No.
01/60/162/42/AM15/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request to set-off excess export made under Advance Authorization no.
0810091917 dated 7.9.2010 against shortfall under Advance Authorization no.
0810098286 dated 18.4.2011 issued under PC-9 condition for the purpose of
regularization.
Decision:
The
Committee decided the following:
I. Clubbing of the two Advance Authorization No. 0810091917 dated
7.9.2010 & 0810098286 dated 18.4.2011, issued under PC-9 conditions, be
allowed.
II. Exports made upto 18 months from the date of first imports i.e. upto 31.03.2012 against earliest Authorization shall only
be taken into account for clubbing.
III. RA should
examine the case in terms of Para 4.1.6 of FTP and ensure value addition of
minimum 15%. The 15% value addition for evaluating entitlement is to be applied
on the entire FOB and CIF of the Authorisations to be clubbed. RA should ensure
proper accounting of the duty free inputs with reference to the export product
while clubbing the Authorisations.
IV. PC-18
condition stands waived to the extent of requirement of re-export/destruction
certificate on export made outside the extended EOP
V. Even after
clubbing, shortfall, if any, shall be regularised on payment of Customs Duty +
Interest in terms of Para 4.28 of H.B.P.
(Action: RA, Ahmedabad)
Case
No.22 M/s Merchem Ltd., Cochin
F.No.
01/60/162/100/AM15/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for clubbing of 2 of Advance Authorizations no. 1010029842 dt. 18.06.2008 with Advance
Authorization no. 1010041680 dt.
07.02.2011
Decision:
The
Committee noted that inputs permitted under two Authorizations
are different. Therefore accounting of such inputs is not possible. Secondly,
free shipping bills cannot be considered. The Committee, therefore, did not
accede to the request. The applicant is hereby directed to get their case
regularized in terms of Para 4.28 of HBP.
(Action:
RA, Cochin- If the party fails to get the case regularized in terms of Para4.28
of HBP within a month from the date of communication of this decision, RA shall
take action against the firm under the provision of FT (D&R) Act. 1992 and
submit an Action Taken Report).
Case
No.23 M/s Automat Industries Pvt. Ltd. Delhi
F.No.
01/60/162/101/AM15/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for clubbing 2 of two DFIAs no. 0510254471 dated 14.12.2009 and
0510276940 dated 12.11.2010 or extension of import and export period.
Decision:
Under
DFIA scheme authorizations or items imported are freely transferable after
fulfilment of stipulated export obligation. Hence clubbing facility is not
allowed under the scheme. Therefore the Committee rejected the request for
clubbing of DFIAs. The applicant is hereby directed to get their case
regularized in terms of Para 4.28 of HBP.
(Action:
RA, CLA Delhi- If the party fails to get the case regularized in terms of
Para4.28 of HBP within a month from the date of communication of this decision,
RA shall take action against the firm under the provision of FT (D&R) Act.
1992 and submit an Action Taken Report).
Case
No.24 M/s Godrej & Boyce Mfg. Co. Ltd. Mumbai
F.No.
01/60/162/766/AM14/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for Clubbing of following 8 Advance Authorization.
1. 0310460269
dated 06.02.2008
2. 0310465595
dated 19.03.2008
3. 0310563636
dated 09.03.2010
4. 0310574052
dated 13.05.2010
5. 0310654528
dated 19.09.2011
6. 0310645892
dated 03.08.2011
7. 0310671299
dated 16.12.2011
8. 0310698866
dated 15.06.2012
Decision:
Deferred
for seeking clarification from applicant.
(Action:
Applicant)
Case
No.25 M/s Indian Mineral & Granite Co., Bellary
F.No.
01/60/162/81/AM15/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for waiver from the endorsement of the Advance Authorization no.
0710067498 dt. 9.10.2009 on the shipping bill.
Decision:
The
Committee observed that the shipment had been affected under “free shipping
bills”. Thus, the same can’t be considered for discharge of export obligation
against Advance Authorization. The applicants are hereby directed to get their
case regularized in terms of Para 4.28 of HBP.
(Action:
RA, Bangalore- If the party fails to get the case regularized in terms of
Para4.28 of HBP within a month from the date of communication of this decision,
RA shall take action against the firm under the provision of FT (D&R) Act.
1992 and submit an Action Taken Report).
Case
No.26 M/s Binayak Aluminium Pvt.
Ltd., Cuttack
F.No.
01/60/162/93/AM15/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for condoning the procedure lapse for not mentioning Advance License
no. 2310001761 date 01/08/2008 in the shipping Bill.
Decision:
The
Committee observed that the shipment had been affected under “free shipping
bills”. Thus, the same can’t be considered for discharge of export obligation
against Advance Authorization. The applicant is hereby directed to get their
case regularized in terms of Para 4.28 of HBP.
(Action:
RA, Cuttack- If the party fails to get the case regularized in terms of
Para4.28 of HBP within a month from the date of communication of this decision,
RA shall take action against the firm under the provision of FT (D&R) Act.
1992 and submit an Action Taken Report).
Case
No.27 M/s Vini International, Mumbai,
F.No.
01/60/162/440/AM13/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject: - Request to condone non – mentioning of
the details of Annual Advance Authorization No. 0310086488 date 30.05.2001.
Decision:
The
Committee observed that the request of the firm essentially amounts to clubbing
of an Advance Authorization with a redeemed Advance Authorization. Hence the
request of the firm is not acceded to. The applicant is hereby directed to get
their case regularized in terms of Para 4.28 of HBP.
(Action:
RA, Mumbai- If the party fails to get the case regularized in terms of
Para4.28 of HBP within a month from the date of communication of this decision,
RA shall take action against the firm under the provision of FT (D&R) Act.
1992 and submit an Action Taken Report).
Case
No.28 M/s Gland Pharma Ltd., Hyderabad
F.No.
01/60/162/348/AMAM08/PC-1/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for extension in EOP for Advance Authorization No. 0910014856 dt. 27.06.2003.
Decision:
Deferred
for further examination in light of the earlier decision of PRC and records of
Norms Committee.
Case
No.29 M/s Vardhman Textiles Ltd., Ludhiana
F.No.
01/94/180/00259/AM14/PC-4 (B)
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for issuance of DEPB authorization for Rs.
491140 against ‘EPCG Shipping Bill’ for export of ‘Cotton Yarn’
Decision:
The
Committee noted the request of the firm and observed that the Policy Circular
No. 52 dated 12.01.2012 clarifies that exports made from 1.4.2011 to 4.8.2011
under “free shipping bills” shall also be eligible for DEPB benefits. However,
since date of shipment in this case is after 04/08/2011, benefits on free
shipping bills could not be extended.
Case
No.30 M/s Gharda Chemical Ltd. Mumbai
F.No.
01/60/162/144/AM15/EFGC/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for issuance of DEPB for export made during 2007-2008.
Decision:
The
Committee noted that payments were realized finally in 2007 and 2008
respectively. However, the BRCs were issued on 18.03.2011. Such delay is not
acceptable to the Committee, hence request was not accepted.
Case
No.31 M/s Malmo Steels Pvt. Ltd. Mumbai
F.No.
01/60/162/201/AM15/PRC
PRC
Meeting No. 09/AM15 dated 16.09.2014
Subject:
- Request for EOP extension of Advance Authorization No. 0310522636 dated
04.06.2009 for regularization purpose.
Decision:
The
Committee decided the following:
I. Export
obligation period be extended by 6 months i.e. upto
30.11.2012.
II. This is only
for accounting of exports already effected and redemption
purpose.
III. This is
subject to a payment of composition fee @ 0.5% of FOB value of export made
outside the original EOP.
IV. The value
addition of 15% as prescribed under Para 4.1.6 of FTP shall be achieved.
(Action:
RA, Mumbai)
The meeting ended with a vote of thanks to the
Chair.