Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *  The GSTN has issued an Advisory dated 21.04.2026 about the introduction of an Offline Tool for the Invoice Management System (IMS)  *  CBIC extends due dates for filing of FORM GSTR 3B  for the month of April 2026 *  Interest cannot be imposed in adjudication order, if not demanded/quantified in show cause notice : Allahabad HC *  Wheelchairs with toileting facility eligible for exemption: CESTAT affirms customs duty exemption to importer *  Industries urge GST council to allow inverted duty refunds on input services *  Tamil Nadu GST dept introduced virtual hearing facility for GST appeals under under section 107 of the TNGST act: detailed guidelines  *  CIC urges authorities to implement GST evasion complaint tracking system *  Even if the assessee opts "NO" for personal hearing in form DRC-06 ,The mandatory requirement under section 75(4) to grant opportunity of hearing cannot be waived:Gujarat High Court  *  Glufosinate imports curbs imposed by govt *  Government extends Re-import period for exported cut & polished diamonds *  CIC flags lack of tracking system for tax evasion complaints,urges GST authorities to improve transparency *  No Custodial Interrogation needed in GST fraud case based on documentary evidence already in Department's Possession : Chattisgarh HC *  Orders under section cannot be sustained if passed without considering the taxpayer's objections and without granting a personal hearing:Gujarat High Court *  Mere cancellation of supplier's registration cannot,by itself,justify denial of ITC or cancellation of the recipient's registration:Bombay High Court *  High Court sets aside GST notice citing factual errors and natural justice violations *  Provisional Bank Attachment under Section. 110 of Customs Act Unsustainable Beyond Statutory period without Extension order: Bombay HC orders to defreeze accounts *  Post Clearance MRP Alteration by Distributor Does not attract Differential Customs Duty: CESTAT *  DGFT Expands scope of 'Screws' classification under RoDTEP Scheme  *  E-way bills surze to all time high of 140.6 million in March *  GST Exemption Allowed on Pure Labour Services for Standalone Houses: AAR  *  GST Payable Only on Margin in Second-Hand Car Sales, Subject to Strict Conditions and No ITC Claim: AAR *  DGFT rolls out procedure for allocation of calcined coke *  GST portal update : Pre-deposit amount now editable in Appeals *  J&K HC declared TMT scrap a 'Specified Good' eligibile for GST refunds under Support Scheme  *  Pigmy agents are employees of banks; no GST can be levied on commission  paid to them : Karnataka HC *  DGFT Revises HS Code Description for Screws Under RoDTEP *  GST Registration Cancellation Invalid Without Proper Service of Notice: Allahabad High Court. *  Bengaluru CGST | GST Backlog Appeals Deadline Fixed at June 30, 2026 *  No Time Bar on Refund of Service Tax for Services Not Rendered: CESTAT  Remands Indiabulls Case for Unjust Enrichment Check. *  Supreme Court Holds Renewable Energy Incentive Must Benefit Generators, Not Be Adjusted in Tariff
Subject News *   Delhi HC Quashes Order, Says Reminder Cannot Validate Improperly Served GST SCN *  KARNATAKA HIGH COURT REMANDS GST SHORTFALL MATTER DUE TO ABSENCE OF PERSONAL HEARING   *  CESTAT cancels confiscation and penalties on imported computer cabinet cases: Custom duty restricted to 111 surplus units *  Deposit of tax during search or investigation cannot be treated as 'Voluntary Payment' : Bombay High Court *  Section 76 of the CGST cannot be invoked where the tax has already been duly deposited, even if through another registration of the same entity: Madras High Court *  Sec 74 allows use of material regardless of source; illegality or flaws in section 67 search do not vitiate valid adjudication: HC *  Inter-State transfer of ITC on Amalgamation permissible as given under section 18(3) read with rule 41 of the CGST rules, 2017: Gujarat High Court *  HC: No GST on commisson paid to Pigmy Agents *  IGST refund denial on illegible bill of lading invalid absent chance to furnish docs; merit reconsideration in appeals directed: HC *  ITC is not admissible on GST paid on leasehold rights of land used fpr setting up an air seperation plant: AAAR,Tamil Nadu *  GST: No penalty under Section 74 after voluntary ITC reversal due to non-existent supplier : High Court *  TN AAAR denies GST ITC on Land Lease under Sec. 17(5)(d) for setting up plant and machinery *  GST proceedings quashed as notices sent to old address, despite updated address in registration *  Importer Can’t Be Penalised for Alleged IGCR Procedural Lapses Without Evidence of Departmental Error: CESTAT *  Structured Healthcare Training Not ‘Charitable Activity’, 18% GST Payable: AAR  *  CESTAT As The Appellate Authority For Central Sales Tax Disputes: A Paradigm Shift Under Finance Act, 2023 *   Rs. 25K Cost Imposed On SGST Joint Commissioner for Attaching Bank  Accounts Without Forming Mandatory “Opinion”: Bombay HC *   Ex-Parte GST Order Without Hearing Violates Natural Justice: Karnataka  High Court Quashes Adjudication and Bank Attachment.  *   Retrospective GST Cancellation Can’t Invalidate Genuine Transactions:  Jaipur Commissioner (Appeals) Quashes Rs. 95,670 ITC Demand. *   GST Pre-Deposit Non-Compliance: Allahabad High Court Allows Appeal  Subject to Rs. 30 Lakh Balance Deposit, Recognises Offline Filing. *  Documentary Nature of Evidence: Allahabad High Court Grants Bail in Rs. 32.66 Crore Fake ITC Fraud Case *  Supreme Court Flags Systemic Bias in Army’s Permanent Commission Process for Women Officers *  Re-Determination of Land Compensation Can Be Based on Appellate Court Awards, Clarifies Scope of S. 28-A: Supreme Court. *  Supreme Court Imposes Rs. 5 Lakh Costs On Rent Authority Officer For Acting Beyond Jurisdiction. *  DGGI Meerut | Court Denies Bail to Accused in Claiming Fake ITC And Export Refunds *  Denial of GST Rate Revision Benefit to Contractor Violates Article 14: Rajasthan HC *  GST Registration Cancellation for Non-Filing of Returns: Gauhati High Court Directs Restoration on Compliance. *   Supreme Court Quashes FEMA Adjudication Orders, Revives Proceedings at  Show Cause Stage. *   Higher Rank, Harsher Punishment Justified: Supreme Court Restores Dismissal  of Bank Manager in Misappropriation Case. *   Limitation for Export Refund to Be Counted from Foreign Exchange Realisation,  Not From Export Invoices Issuance: CESTAT  

Comments

Print   |    |  Comment

PJ/Case Law/2013-14/1947

Whether exemption admissible to various fabricated items of Chapter 73.08 of CETA, 1985 supplied to mega power projects?

Case:- VRINDA ENGINEERING PVT. LTD. Vs COMMISSIONER OF C. EX., HALDIA
 
Citation:-2013 (295) E.L.T. 401 (Tri. - Kolkata)

 
Brief facts:-The application was filed seeking waiver of pre-deposit of duty of Rs. 1.45 crores and equal amount of penalty imposed under Section 11AC of CEA, 1944.The applicants were engaged in the manufacture of various fabricated items falling under Chapter 73.08 of CETA, 1985 which were supplied to various mega power projects after availing exemption from payment of duty against Sl. No. 91 of Notification No. 6/2006-C.E., dated 1-3-2006.
 
Appellant’s contentions:- The ld. Sr. Advocate submitted that there was no dispute that various fabricated items falling under Chapter 73.08 of CETA, 1985 were supplied to various mega power projects and necessary certificates from the competent authority as required under the Notification No. 21/2002-Cus., dated March 1, 2002 had been obtained. The ld. Advocate submitted that the adjudicating authority had erred in not considering the fact that the fabricated structures supplied by them to various mega power projects were used as components and parts of the said projects. For example, the fabricated items supplied to M/s. Bharat Heavy Electricals Ltd. in respect of their Kuderma Thermal Power Projects, were used as parts and components of boilers. Therefore, these goods were classifiable under Sub-Heading No. 98.01 as components or raw materials for the manufacture of the various items listed in the said Tariff heading. The ld. Advocate had referred to a recent Circular No. 964/07/2012-CX., dated April 2, 2012 issued by C.B.E. & C., wherein, it had been clarified that various components used in the boilers, including structural components, had been considered as part of boiler. He also relied upon the order of this Tribunal in the case of Ramsarup Utpadak, Unit-IIv. Commr. of Central Excise, Kolkata-III - 2012 (283)E.L.T.425 (Tri.-Kolkata)wherein in the similar circumstances, this Tribunal had granted unconditional stay relating to goods viz. TMT bars falling under Chapter 72 of CETA, 1985 and used in Mega Power Projects.
 
Respondent’s contentions:-The respondent contented that the principal reason for denial of the benefit of the said exemption Notification was that the fabricated items cleared by them fall under Chapter Sub-Heading 73.08 of CETA, 1985 and could not be classifiable under Chapter Sub-Heading 98.01 of CETA, 1985.
 
Reasoning of judgment:- Heard both sides and perused the records the Bench found that the fabricated items manufactured by the Applicant were undisputedly supplied to various mega power projects and used in such projects. The only dispute for denial of the benefit of Notification No. 6/2006-C.E., dated 1-3-2006 was that the fabricated items supplied to these mega power projects being classified under Chapter heading 73.08 of CETA, 1985 and accordingly not classifiable under CSH 98.01 of CTA, 1975, hence would not be eligible to the benefit of Notification No. 21/2002-Cus., dated 1-3-2002 and consequently the condition No. 19 of the said Notification No. 6/2006 was not satisfied. This Tribunal in M/s. Ramsarup Utpadak’s case (supra) after detailed discussion of various aspects of the case,prima facie, observed that TMT bars cleared to various mega power projects, even if falls under Chapter Heading 72 of Central Excise Tariff Act, 1985 would be eligible to the benefit of Notification No. 6/2006-C.E., dated 1-3-2006. In these circumstances, following the observation in the said case, they found that the applicant could able to make out a prima facie case in their favour for waiver of pre-deposit of dues. Accordingly, pre-deposit of dues adjudged was waived and its recovery was stayed during pendency of the appeal.
 
 
Decision:- Stay petition allowed.
 
Comment:-The essence of this case is that fabricated items falling under Chapter 73.08 of CETA, 1985 which are supplied to various mega power projects are eligible for exemption under the notification no. 6/2006-C.E. even if they are not classifiable under chapter 98.01 as they were used as parts and components of the boilers used in the said mega power projects. This reasoning was backed by the decision given by the Tribunal in Ramsarup case.  
 

Department News


Query

 
PRADEEP JAIN, F.C.A.

Head Office : -

Address :
"SUGYAN", H - 29, SHASTRI NAGAR, JODHPUR (RAJ.) - 342003

Phone No. :
0291 - 2439496, 0291 - 3258496

Mobile No. :
09314722236

Fax No. :0291 - 2439496


Branch Office : -

Address:
1008, 10th FLOOR, SUKH SAGAR COMPLEX,
NEAR FORTUNE LANDMARK HOTEL, USMANPURA,
ASHRAM ROAD, AHMEDABAD-380013

Phone No. :
079-32999496, 27560043

Mobile No. :
093777659496, 09377649496

E-mail :pradeep@capradeepjain.com