Government of India
Ministry of Finance
(Department of Revenue)
Tax Research Unit
Circular No. 33/2013-Customs
New Delhi, dated the 23th August, 2013
To,
All Chief Commissioners of Customs.
All Chief Commissioners of Customs & Central Excise.
All Chief Commissioners of Central Excise.
All Directors General of CBEC.
Sub: - Customs Duty Exemption for Import of Ash Handling Systems, Water
Treatment Plant and Coal Transportation Facilities etc. Required for Ultra-Mega/
Mega Power Projects under Heading 9801(Project Imports)-Clarification -Reg.
Sir / Madam,
I am directed to invite your attention to
notification No. 12/2012-Central
Excise (S. Nos. 337&338), dated 17-03-2012, which provides exemption to
machinery, instruments, apparatus and appliances etc. required for setting up of
ultra-mega/ mega power projects. Particular attention is invited to the
Explanation, which clarifies that the goods required for setting up of these
projects include the goods required for development of facilities such as ash
disposal system including ash dyke, water intake including treatment and storage
facilities and coal transportation facilities for such a project,
notwithstanding the fact that such facilities are set up inside or outside the
power plant’s designated boundary.
- In this connection, representations have been received from the trade and
industry that the benefit of exemption is being denied to the afore-cited goods
when they are imported for setting up of ultra-mega/ mega power projects. It has
been requested that, for removal of doubts, a clarification, on the lines of
excise exemption, should be issued by the Ministry that the said goods required
for ultra-mega/ mega power projects are eligible for customs duty exemption.
- The matter has been examined by the Ministry. In Pre Budget 2011-12,
representations were received from power producers that limited interpretation
of the term power project as facilities inside the plant boundary only, was
restrictive in nature and was limiting the scope of exemption of customs and
excise duty on goods required for these facilities. It was requested that the
benefit of exemption for ultra mega power projects should be extended to the
development of facilities both inside and outside the power plant’s designated
boundary such as ash pond, water intake, coal transportation within the scope of
the term ‘project’. The matter was examined and it was decided to clarify that
the benefit of exemption, available for ultra mega power projects, would be
available for development of facilities such as ash disposal system including
ash dyke, water intake including treatment and storage facilities and coal
transportation, both inside and outside the power plant’s designated boundary.
Accordingly, an Explanation was inserted at S. Nos. 91A & 91B of
notification No
6/2006-CE, dated 1.3.2006 [now S. Nos. 337 and 338 of
notification No.
12/2012-CE dated 17-03-2012].
- The explanation clarified, without any ambiguity whatsoever, that the goods
specified in paragraph 1 above and required for setting up of ultra-mega/ mega
power projects would be eligible for the benefit of excise duty exemption even
if the facilities are set up outside the power plant’s designated boundary. No
such clarification was issued for the purpose of availing of the customs duty
exemption, as it was felt that this exemption would be available to the said
goods under project imports.
- Subsequently, representations were received, seeking clarification in respect
of customs duty exemption on the said goods required for setting up of
ultra-mega/ mega power projects. The issue was examined in consultation with
Ministry of Power (MoP). MoP vide letter dated 13th October, 2011 clarified that
facilities such as ash disposal system including ash dyke, water intake
including treatment and storage facilities and coal transport facilities are an
integral part of mega power projects and therefore, customs duty should be
exempted for import of these goods under the Mega Power Policy. On the basis of
this, a clarification dated 29-12-2011 (copy enclosed) was issued to the
Commissioner of Customs, Nhava Sheva, stating that these goods are eligible for
customs duty exemption.
- Now, it has been brought to the notice of the Ministry that in the absence of
a general clarification, the Customs authorities at certain places are demanding
duty on these goods on the ground that the goods are used outside the power
plant’s designated boundary. However, the foregoing would make it clear that the
intention all along was to grant exemption from Customs duty on these goods.
6.1 For removal of doubts, it is clarified that the goods required for
development of facilities such as ash disposal system including ash dyke, water
intake including treatment and storage facilities and coal transport facilities
required for ultra-mega/ mega power projects are eligible for customs duty
exemption, notwithstanding the fact that such facilities are set up inside or
outside the power plant’s designated boundary.
- Difficulties, if any, faced in the implementation of the instructions may be
brought to the notice of the Ministry at an early date.
Encl: As above.
Yours faithfully,
(P.K. Mohanty)
Joint Secretary (TRU)
Telephone: 011 23092687
F.No.354/94/2011 -TRU