2008 (12) TMI 188 - AAR - Customs

The applicant states that it proposes to set up a 1200 MW green field integrated coal fired power plant which would include (a) captive coal mine (b) dedicated coal transportation facility and (c) dedicated water intake and pumping system and (d) dedicated power evacuation system. - the applicant will have to import appliances equipments machinery coal mining equipment control gear and transmission equipment and components. The applicant states that it is in the process of obtaining all necessary authorizations and permissions required by law applicant claimed the benefit of notification no. 21/2002 customs Held that - excepting the power evacuation system the other three items do not fall within the scope of Entry / Sl.No.400 of Notfn.no.21 of 2002 as amended. The goods required for power evacuation/transmission system to connect the power grid will be eligible for customs duty exemption as per Entry 400.- It is made clear that the goods required for in-plant coal handling system however fall within the scope of Entry 400

Issues Involved:
1. Eligibility for customs duty exemption under Entry 400 of Notification 21/2002-Cus for goods required for captive coal mine, dedicated coal transportation system, dedicated water transportation system, and dedicated power evacuation system.

Issue-wise Detailed Analysis:

1. Eligibility for Customs Duty Exemption:
The applicant sought an advance ruling to determine whether the goods required for the captive coal mine, coal transportation system, water transportation system, and power evacuation system would qualify for customs duty exemption under Entry 400 of Notification 21/2002-Cus, which pertains to mega power projects.

Captive Coal Mine:
The applicant argued that the captive coal mine, allocated by the Department of Coal, Government of India, is integral to the proposed power plant. The coal mined would be exclusively used as fuel for the power plant, and thus, the equipment for the coal mine should qualify for the exemption.

Coal Transportation System:
The coal transportation system, which would transport coal from the captive coal mine to the power plant site, was also claimed to be essential for the power plant's operation. The applicant suggested that this system should be considered part of the mega power project.

Water Transportation System:
The applicant planned to build a system to transport water from the River Mahanadi to the power plant site, located approximately 110 km away. This system would involve laying pipelines, pumping, and storage facilities, which the applicant considered integral to the power project.

Power Evacuation System:
The power evacuation system was argued to be essential for transmitting electricity generated by the power plant to the Power Grid Corporation of India Ltd. The applicant contended that this system should be included in the scope of the mega power project as it is necessary for the inter-state transmission of electricity.

Contentions and Analysis:
The applicant contended that the term "mega power project" in the notification should be interpreted broadly to include all integral components necessary for the power plant's operation, including the coal mine, transportation systems, and power evacuation system. The applicant also argued that the expression "power project" is a word of wide import and should not be restricted to the power plant alone.

The Revenue countered that only goods imported for the power plant proper, as specified in Entry 400, would qualify for the exemption. The expression "mega power project" should be confined to the power plant itself, and the goods required for coal mining, coal transportation, and water transportation systems should fall under Entry 399 of the notification, which provides a concessional rate of duty.

Interpretation of Notification:
The notification's language was analyzed, particularly the use of the phrase "that is to say," which specifies the types of power projects eligible for the exemption. The analysis concluded that the expression "mega power project" should be restricted to the specific description given in the notification, which includes inter-state thermal power plants of a capacity of 1000 MW or more.

Ruling:
The ruling determined that the goods required for the captive coal mine, coal transportation system, and water transportation system do not fall within the scope of Entry 400 of Notification 21/2002-Cus and, therefore, do not qualify for customs duty exemption. However, the power evacuation system, necessary for inter-state transmission of electricity, was deemed to fall within the scope of Entry 400 and thus eligible for customs duty exemption.

Conclusion:
The ruling concluded that the goods required for the power evacuation system qualify for customs duty exemption under Entry 400 of Notification 21/2002-Cus, while the goods for the captive coal mine, coal transportation system, and water transportation system do not. The in-plant coal handling system was also considered part of the power plant and eligible for the exemption.

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