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of <h1>Steam Turbines Exemptions Denied: Not Direct Waste-to-Energy Converters; Appeal Dismissed, Decision Upheld.</h1> <h3>TRIVENI ENGINEERING & INDUSTRIES LTD. Versus COMMR. OF C. EX., BANGALORE</h3> TRIVENI ENGINEERING & INDUSTRIES LTD. Versus COMMR. OF C. EX., BANGALORE - 2004 (172) E.L.T. 353 (Tri. - Bang.) Issues Involved:1. Eligibility of steam turbines for exemption u/s Notification No. 6/2000-C.E., dated 1-3-2000.2. Interpretation of the term 'non-conventional energy devices/systems' in the context of the exemption notification.Summary:Issue 1: Eligibility of Steam Turbines for Exemption u/s Notification No. 6/2000-C.E., dated 1-3-2000The appellants, manufacturers of steam turbines, claimed exemption from excise duty u/s Notification No. 6/2000-C.E., dated 1-3-2000, for turbines used in the Malavalli Project. The Deputy Commissioner initially approved this classification, but the Commissioner (Appeals) later denied the exemption. The appellants argued that their turbines, used in bio-mass power projects, qualify as non-conventional energy devices/systems specified in Lists 5 & 9 of the relevant notifications. They emphasized that the turbines convert heat energy from steam into mechanical and subsequently electrical energy, thus fitting the description of devices converting waste into energy. They cited previous Tribunal decisions and a Calcutta High Court ruling supporting their interpretation.Issue 2: Interpretation of 'Non-Conventional Energy Devices/Systems'The revenue argued that the exemption applies only to devices directly converting non-conventional energy sources into usable energy. They contended that turbines use steam, which can be produced from both conventional and non-conventional fuels, and thus do not qualify as waste conversion devices. The revenue highlighted that the boiler, not the turbine, converts waste into thermal energy. The Board's clarification and previous exemptions granted to boilers, not turbines, were cited to support their stance.Judgment:The Tribunal concluded that the exemption u/s Notification No. 6/2000-C.E., dated 1-3-2000, applies only to devices directly converting agricultural, forestry, agro-industrial, industrial, municipal, and urban waste into energy. The steam turbines, although used in bio-mass projects, do not directly convert waste into energy but rather convert thermal energy into mechanical energy. Therefore, the turbines do not qualify for the exemption. The appeal was rejected, and the order of the Commissioner (Appeals) was upheld.
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