Exemption to machinery and equipment for generation of electrical power of capacity 1 MW and above - 296/90 - Customs -Tariff

Exemption to machinery and equipment for generation of electrical power of capacity 1 MW and above Notification No. 296/90-Cus. Dated 18-12-1990 In exercise of the powers conferred by sub-section (1) of section 25 of the Customs Act, 1962 (52 of 1962) and in supersession of the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 59/89-Customs, dated the 1st March, 1989, the Central Government, being satisfied that it is necessary in the public interest so to do, hereby exempts machinery and equipment for generation of electrical power (including generating sets) of capacity 1 MW and above, when imported into India, from - (a) so much of that portion of the duty of customs leviable thereon which is specified in the First Schedule to the Customs Tariff Act, 1975 (51 of 1975) as is in excess of the amount calculated at the rate of 35 per cent ad valorem; and (b) the whole of the additional duty leviable thereon under section 3 of the said Customs Tariff Act, subject to the conditions - (i) that the imported machinery or equipment shall be used for generation of power for captive use by an industrial plant; and (ii) that in the case of import of machinery or equipment for captive generation of power, the importer at the time of clearance, produces a certificate from an officer duly authorised in this behalf by the Directorate General of Technical Development of the Government of India in the Ministry of Industry or by the Director or Commissioner of Industries of the State Government concerned, in the case of firms which are classified as falling in the small scale sector or by any other sponsoring authority concerned referred to in the Project Imports Regulations, 1986, as the case may be, to the effect that the machinery or equipment in respect of which the exemption under this notification is claimed are required for the purpose specified above, recommending the grant of the avove exemption; provided that nothing contained in this notification shall apply, - (1) to generating sets using motor spirit, kerosene, high speed diesel oil or diesel oil as fuel; and (2) to the machinery or equipment imported as project imports falling under heading No. 98.01 of the said Customs Tariff Act. Explanation for the purposes of this notification, - (i) the expression "industrial plant" has the same meaning as is assigned to it in the said Project Imports Regulations; and (ii) the expressions "motor spirit", "kerosene", "high speed diesel oil" and "diesel oil" have the same meanings as is assigned to them in the notification of the Government of India in the Ministry of Finance (Department of Revenue) No. 35/90-Customs, dated the 20th March, 1990.