Transfer of epcg licence & advance licence.

This query is : Resolved

Raman Ranjan Das (Querist)
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15 October 2012 Dear Experts,

Our unit has taken some EPCG licence and advance licence and in some cases, export obligation has been already fulfilled and some are under progress.

And the unit is going to merger with some other organisation.Please give your comments on how to transfer the licences.

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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15 October 2012 noted that:

As per Para 5.4 of FTP, import under EPCG Scheme is subject to ‘Actual User Condition” according to which transfer of capital goods before completion of export obligation is not allowed.

further information:

http://dgftcom.nic.in/exim/2000/committee/meet_epcg04_230910.htm

Raman Ranjan Das

Raman Ranjan Das (Querist)
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15 October 2012 Transfer of capital goods is allowed from one unit to another unit if export obligation has already been fulfilled.

But what will happen in case of merger with other unit,

Can all licences transferrable to merging unit

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RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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16 October 2012 as per PARA 5.5(C) OF FOREIGN TRADE POLICY 2009-2014
"UP TO 50%E.O. MAY ALSO BE FULFILLED BY EXPORTES OF OTHER GOOD(S)MANUFACTURED OR SERVICE(S) PROVIDED BY THE SAME FIRM/ COMPANY OR GROUP COMPANY/ MANAGED HOTEL , WHICH HAS THE EPCG AUTHORISATION . However EPCG AUTHORISATION ISSUED TO PRIOR 01.04.2008 WILL BE GOVERNED BY RARLIER POLICY PROVISION.

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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16 October 2012 it will be clear after examine .....

if you post scanned copy of licences.

Rama Krishnan

Rama Krishnan (Expert)
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16 October 2012 I FELL THE MERGER IS JUSTIFIABLE REASON FOR TRANSFER OF LICENCE. YOU MAY APPLY TO " POLICY RELAXATION COMMITTEE' AT DGFT. THEY WILL APPROVE THE TRANSFER OF LICENCE TO THE NEW UNIT.

RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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16 October 2012 I ALREADY SUGGEST THEM..

http://dgftcom.nic.in/exim/2000/committee/meet_epcg04_230910.htm

Raman Ranjan Das

Raman Ranjan Das (Querist)
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16 October 2012 What is the procedure for transferring advance licence after merging, export obligation alrady fuflfilled

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RAMESH KUMAR VERMA

RAMESH KUMAR VERMA (Expert)
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17 October 2012 in this connection Write the letter to DGFT, UDYOUG BHAWAN, NEW DELHI if they UNDERSTOOD justifiable approved the case after meeting and examine.

regards,