Supersedes Notification No. 208/88-Cus. (Chapter 85) - 059/89 - Customs -Tariff

Supersedes Notification No. 208/88-Cus. (Chapter 85) Notification No. 59/89-Cus. Dated 1-3-1989 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. 208/88-Customs, dated the 29th June, 1988, the Central Government being satisfied that it is necessary in the public interest so to do, hereby exempts Machinery and equipments for generation of electrical power (including generating sets) of capacity 2.5 MW and above, as well as all component parts (whether finished or not) for the manufacture of the aforesaid machinery or equipment, when imported into India, from - (a) so much of that portion of 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 30 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 condition, - (i) that the imported machinery or equipment or the machinery or equipment manufactured out of imported component parts are for use for generation of power for captive use by an industrial plant; (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 Director 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 Regulation, 1986, as the case may be, to the effect that the goods in respect of which the exemption under this notification is claimed are required for the purpose specified above, recommending the grant of the above exemption; and (iii) that in the case of import of component parts, for manufacture of an equipment or machinery for supply to an industrial plant for generation of power for its captive use, the importer at the time of clearance produces a certificate indicating the description and quantity of parts in question as are or will be required for the purpose of the aforesaid manufacture, from an officer not below the rank of Industrial Adviser or Additional Industrial Adviser of the Directorate General of Technical Development of the Government of India or from an officer not below the rank of a Joint Director or Joint Commissioner of Industries specifically authorised 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 : 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 goods 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" shall have the same meaning as is assigned to them in the Government of India, Ministry of Finance, (Department of Revenue) notification No. 80/86-Customs, dated the 17th February, 1986.