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2000 (1) TMI 204

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..... 15-9-1992. Since the coal was urgently required by the appellants, their request for release of the consignment after making provisional assessment in terms of Section 18 of the Customs Act, pending test results, was allowed after the appellants furnished a test bond supported by bank guarantees. Sample of the coal was drawn and sent for test to 3 laboratories viz. National Metallurgical Laboratory (Central Fuel Research Institute; Dhanbad), Indian Institute of Technology, Madras and ITA Labs. P. Ltd., Madras and the test reports showed that the calorific value of the coal was below 60,000 Kcal/Kg. and that it ranged from 5600 Kcal/Kg. to 5930 Kcal/Kg. The adjudicating authority finalised the provisional assessment without extending the ben .....

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..... ith a total installed capacity of 2340 MW and the requirement of coal for these three stations is about 12 million tonnes per annum. In order to ensure uninterrupted generation of power, adequate stock of good quality coal is required to be maintained. For this purpose, it has been decided to build up a reasonable buffer stock of good quality coal at a reasonable price to take care of any emergent situation arising from non-availability of domestic coal. 2. In view of the above; the Government of Tamil Nadu have requested that the Tamil Nadu Electricity Board may be permitted to import coal as a one time measure at a concessional rate of import duty to provide for uninterrupted generation of power in thermal power stations in the State of .....

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..... The opening paragraph of the exemption order states that adequate stock of good quality coal is required to be maintained in order to ensure uninterrupted power generation and for this purpose, it has been decided to build up a reasonable buffer stock of good quality coal at a reasonable price to take care of any emergent situation arising from non-availability of domestic coal. For fixing the quantum of reduction in duty, international prices of coal of high calorific value were taken into account, as seen from the agenda notes circulated in the meeting held on 7-8-1992 and the quantum of concession in rate of duty was based upon the price and quality of coal having 6500 Kcal/Kg. as its gross calorific value. The tender specifications als .....

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