Chartered Accountant
Bookmark and Share
click here to subscribe our newsletter
 
 
Corporate News *   CBIC issues draft rules for Customs valuation *  Top Headlines: Threshold for Benami deals, green bond investors, and more *  Govt aims 1-hour clearance for goods at all ports *  Exporters Allowed To Use RoDTEP, RoSCTL Scrips To Pay Customs Duty, Transfer Them; Rules Amended *  Millions of labourers to be affected by brick producers’ strike over hike in GST, coal rates *  Inauguration of ‘kendriya GST parisar’ *  Transporter can seek Release of Conveyance alone, not Goods under GST Act: Madras HC *  GST: Quoting of DIN Mandatory for Responding to Notice, Govt Modifies Portal *  Firms can soon file claims for GST credits of ?400 cr *  CBIC issues modalities for filing transitional credit under GST. *  Mumbai: Man creates 36 fake GST firms, arrested for input tax credit fraud of Rs 23 cr *  Report to restructure Commerce Ministry under study; idea is to set up trade promotion body: Goyal *  Firms can soon file claims for GST credits of ?400 cr *  Gambling Alert! Govt May Levy Up To 28% GST; UP, Bengal Back Move *  EPFO backs raising retirement age to ease pressure on pension funds *  India Moving Up Power Scale, Set to Become Third Largest Economy By 2030 *  Airfares Get Expensive: What Changes for Flyers From Today? *  IRCTC Latest News: Passengers to Pay More For Cancelling Confirmed Rail Tickets Soon. *  IBC prevails over Customs Act, says Supreme Court. *  As GST enters sixth year, a time for evaluation and reassessment *  There’s GST on daily essentials as Centre needs money to buy MLAs: Arvind Kejriwal *  Now, GST on cancellation of confirmed train tickets, hotel bookings *  GST kitty for top States could rise 20% in FY23, says Crisil *  French customs officials seize another cargo vessel over Russia sanctions *  TradeLens builds on Asia momentum with Pakistan Customs deal *  Hike tax on tobacco, reduce affordability & increase revenue: Civil society organizations to GST council *  Bihar: ?10 crore tax evasion on tobacco products detected in raids *  Centre failed on GST, COVID; would it be anti-national? Rajan on Infosys row *  Service Tax not Chargeable on Income Tax TDS portion paid by recipient: CESTAT grants relief to TVS *  Foreign portfolio investors make net investment of Rs 7575cr in Sep so far
Subject News *  Run-up to Budget: Monetary threshold for GST offences may rise to Rs 25 cr *   GST (Tax) E-invoice Must For Businesses With Over Rs 5 Crore Annual Turnover *   Both Central GST and excise duty can be imposed on tobacco, rules Karnataka high court *   CBIC Issues Clarification On Extended Timelines For GST Compliance *   CBIC Issues Clarification On Extended Timelines For GST Compliance *  Budget 2023- 9.6 crore gas connections *  GST: Tamil Nadu Issues Instructions for Assessment and Adjudication Proceedings *  GST: CBIC Extends Last Date for filing of ITC *  GST collection in September surpasses Rs 1.4 lakh crore for straight seventh time *  Dollar smuggling case: Customs chargesheet names M Sivasankar as key conspirator. *  Hike in GST rates fuels inflation *  Assam: CBI arrests GST commissioner in Guwahati *  GST fraud worth ?824cr by 15 insurance Cos detected *  India proposes 15% customs duties on 22 items imported from UK *  Decriminalising certain offences under GST on cards *  Surge in GST collections more due to higher inflation: India Ratings *  MNRE Notifies BCD and Hike in GST Rates as ‘Change in Law’ Events But With a Condition | Mercom India *   Solar projects awarded before customs duty change allowed cost pass-through *  Rajasthan High Court Dismisses Writ Petitions Challenging Levy Of GST On Royalty *   GST revenue in September likely at Rs 1.45 lakh crore *  Govt working on decriminalising certain offences under GST, lower compounding charge *  Building an institution like GST Council takes time, trashing is easy: Sitharaman *  GST collections in Sept may touch ?1.5 lakh crore *  KTR asks Centre to withdraw GST on handlooms *  After Gameskraft, More Online Gaming Startups To Receive GST Tax Claims *  Madras HC: AAR Application Filed Under VAT Does Not Survive After GST Enactment *  Threshold for criminal offences under GST law may be raised *  Bengaluru: Gaming company faces biggest GST notice of Rs 21,000 crore *  CBIC clarifies Classification of Cranes for GST, Customs Duty *  Customs seize gold hidden in bicycle in Kerala airport  

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